Star. — London, England, 1809-03-09 00:00:00

:.~ . , - \ I; W)01 RLLIMENTAR r PROCEEDINGS. SE OF LORDS, WEDNESDAY, MARCH 11. Lordships finished hearing the arguments of Counsel in CAUSe from bland, of Roach v. Morgan.—Judgment i;,-.11 Monday nest. . . ADULTERY. Order of the Day bring. read • for the third reading of DiVOITC Bill, it was discovered, that it Contained sane th e, in "lint of that description ; whereupon the consi. :he till, and of this clause, was postponed to Monday. .UCICI..11;11 took this • occasion or observing the in adultety. which he deeply lamented, to itcly more than their Lordships were aware of, as but IA part of these kind of cases came within the cognisance ; ;I:.; the poverty of many individuals suffering under the pr, y. ntivg them from making that appeal to their s , ,Lich only amid afford them any relief. He did not kil'ornit any motion on the subject ; bat he toasted that ,pePllily• see the lay wlienAlke Legialature.ovid cost s and punish it as such accordingly. PUBLIC PAPER C.‘NIDEN presented several Par ars, Copies of Dis rrn our Commanders in Spain and Portugal. • of NORFOLK was desirous of knowing whether Al the Papers that Ministers meant to produce'? C NIDEN answered, that all bearing on the subject of that were . ready, were then produced, and the r'e• would be ready in the course .f the ensuing week. 11 of NORFOLK replied; as he expected that the !oaNl he laid on the table, in the course of the ensuing should for the present forbear any remarks, in the hope, r production would 'render any remark needless. were ordered to be printed; and their Lordships ad- HOUSE OF COMMONS. ,ANKES observed, that a person of the name tif Francis 1, was in custody of the Marshal of the Marsh alsea, 'and lerson capable of giving evidence before the East India :ommittee, be therefore moved, that he he brought up for rpose to-morrow, and from time to time thereafter, which Acts arced t. 'auxll2llßri . dge Bill was ordered to be read a second tine ly nest. if.CRETARY at WAR brought up the correspondence the Wn , Offtce and Brigadier-General French, *bleb en the table. O'IiARTON 'oronght op the Report of the Mutiny Dili, vcak agreed to, and ordered to be read a child time tot li - 11.WrON brought in the Irish Additional Malt Duty rich was read a first time, ar.d ordered to he read a secoed 4noraow. Bill for p emitting the Expuitation of Rum and ether SO. nu Bermuda, free of Duty, was read a first tine, and was l to be read a second time to-morrow. _ . CASTLEREA6H presented the Returns- of the Army in and Portugal, which were laid on the table. routine business having been gone through, :d FOLKSTONE gave notice, that after the of the debate upon the Report of the Commit ' the wknle House to which it was referred to the ctindtmi of his Royal Highness the of York, jt was Isis intention to move. siti,b4 be taken into consideration on Monday ..c. WLKSTONE then triciiTed the order of the oiniag over the House, to be read ; and, no read, that the House be called over 4 On this question being put, 1. 1 .70...5F0RD asked whether it was the in - N.ble Lora to keep this call over the anti'. :notion should be disposed of, or it MIS to 1)? in force to-nunrow ? FOLIC STONE, replied, that it ix-as his inten t, . c,.atint:r call of the House until the very .rzont question then before the House should be Iv determined. ir.BERESFORD then declared, that as, in con ince of the approach of the Lent Assizes, it Id be highly inconvenient to Gentlemen to be de in town, in consequence of such an order being .'longing over their heads, it was his intention to . smse of the House upon the subject, SHAW LEFEBRE observed, that ever had the honour of a seat in that House, the in Parliament had been uniformly considered .or...,mount importance to any other to which the of its Members could he directed either in :r ate or magisterial capacities. He trusted, that no considerations' of such business Gentlemen to press for absence from 1,-.,aess of Parliament, at a time when they had ~! :•o:taut a (Int) , to perform, in attending to the tli. , n under the consideration of the House. CHANCELLOR of the EXCHEQUER _hat when the House had adopted the first suggestion of the Noble Lord, it was to secure as effectual an attendance of :tr possible on the very important dis c,n . was then in contemplation. Upon be was persuaded that the House ;..-- duty unless it agreed to the motion Lord. The object of the Noble Lord •'• w.. 15 to procure a full and effectual at upon the most important business that •,:lpy the attention of Pinliament. The effect would not be to being all the Members of a:e within its operation, because unqiiestion r w:;osc duties elsewhere rendered their at tliat House impracticable, or inconveni ' public service, could not be expected to •icncc to it. Bin if the House should net t lac motion of the Noble Lord, the effect of its be, that the Holse would Tose the be. it,at effectual attendance which was so de- I io occecsary upon questions of such seri- He therefore hoped, though Gentle .' '' 4.l.iies of loc 11 or public ante .rm, that yet the House would continue to ' .q.codance of its Members, until the l•ii , ,iness then pending snould be finally '.would be for the House, during the pro• . a• , , business, upon any case being made out, • c its own judgment iri dispensing with the e of any individual Member ; • but in con - the motion of the Noble Lord, he wished that the House was acting • tipm i,ir of carrying its own views into effect, ay.:nced by any Consideratidn of the jndi • .;1., of any persons out of that Hoye!, as GO 1; .1 the conseytiences orits Proceedings.--• par HOtT! T i v ir 1.4 thl ot the ( , Torv . ' to , arviot: of rra , I.' ;Jaw ora l tithe Hun a wnity. :ran :" ! „,beuhl 3 C The D' tbia I, ol li C . the D fi Deg" W( week, he ' dui :heir They v fs a pet a.l.e:( Co pure drut:Jn Av The V, Co F.:jay The SI t•ir. V% ),Ir. 13;11, whi o-r The B tits Iron or,:ered Lcrd Pain The Lorc o ft !C;1"; 1 A t I IT lin ill' le . re segue eta notth t.7.lret as ko , • en Lael Id ft . .„ re as e- re in ` r to ny luett ny ra • ;he aa- lug Vas am Led ,en• • t, 1 • ESL, ler use, e of the the ;lien t • dis- aU No. Ox- etf )- ruble • with were at', tamp , hied K I 7 7 Ova air/. : . • ' .... . . "SO,1 1 ; ••• ••.'" • 7 • •• , ,* 4,. / •••••• • . . . _ 1 • _ i.:l, . ' s „ "„ ( i , ••• • . . . . •i . . . . tefe ............4......„ . . . .. . . ..... ki - • ? ...1. , . 4 , 4 k, ? 4 . ) I r#,N I .•• : . t ), I V . • • 7 . i i ••• • •• ( • • -. • • _ , . .., ;• - i - :•• sm . ~., ,4 -.? r - ,' I. ir • . 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General Clavotiug, that the Duke . wished to. be kept in tlae.baek ground. lo.that letter the Duke says,: " Clattering it. mistaken ; diet* are no • new battalions to be raised, .an i d.YOn it/Abetter tell him so; and that yutt:arcsure it,*teulsi ba of no use i to apply." Was it not, et`: this thatihe , Duke wished his stamp bake,* *Karel *std *fut . : such* lettera ,assuld any :Getttleman :suppose Mrs:. • Clarke hrher senses if. the "iiii. net wish tor, keep .the .. transotimistcset? . litsbelieved it would.mot-be sm. • cessary for him to advert. further to the evidence, He should next proceed to examine the written docul meats on the table, which he was -convinced would as It was not to be endured that - any idea should get to, namely, that whatever might be due to theitipe• forth, as if that House, in the regulation of its 'con- . trier rank of his •Royal Highness,. they - should; as Re; • duct, or the choice of its Mode of proceeding, was to presentatives of the People, always' bear in mind that • be governed by any threats from without, as to - what it was their duty to Maintain their rights: as servants. might be the' coasecterice of ants .course it should itif . theptiblic. This he was, persuaded the result Of , think proper to adopts:. (Hear, hear.) It irg's the , this inquiry Would evince and justify. .On the strength,' ' sole judge of its own proceedings, and not to' be- thei-efore,.and the weight, mad force air& justice of swayed nor intimidated •from the free exercise of its .- the ease, be would rely fur that result,- as he had hi eamstitutional functions by the judicial assertionit of therto retied throughout the whole. of the business ; any persons .whatever., (Rear, hear.) He Would , altd without detaining . .the House any longer :with s, not say more upon that subject on - this occasion, ,he-i•preliminary observation, he 'should -proceed to offer cause if he did, he must, perhaps, be led to the . adop- What he had to sky upon the Paris of the'evidence to tion of some more practical notice of that to which he Which he proposed to call the attention of the House. was alluding. (Hear, hear.) But if the Housetris The first case' he had to refer to was that of Lieute placed in the situation of Representatives of the Peo- -*ant-Colonel Knight, the evidence :respecting which pie,. he must add, that - it would' but ill discharge - the . the. should shortly-run over; • obligation -due to its constituents, ifst• disino ot ater. 7," Dr. Mitt* statisdi, that be Was eahhodnekby bg,... a s t mli forrn,its.flntx • upotkevery occasion, v/. lob .ld trse7 ni t o h eti eria lle :ir C4* llence l im o expedite i sh e e tfit t" 'elc u t "Sre nge foetvi ltiC" eeti I. l..ie stl is e • 1 tkoberr Knight ne declared, night a t n h d at L h ie - e ',kat might be the judgMent passed in such atMati* tel i nt-C Brooke. 11tr. nor upon its conduct. Thus much he had thottght it au th orised at h en acr i°l°nei. Dr . necessary to say upon this subject • 'but to come to I °E petrite to .tba M i r 4 . taahanrkgee. ' ) oo iv ; rs . i . f she would her innntace Thynne to ta the particular object of his rising, he hoped that his C larke has stated, that. Dr. 'f lvynne t made n the oi appli , :ation to her to effect the exchange between Lieu- Honourable Friend would alter his determination, of iand Lieutenant-Colonel Brooke ; that he and that it should not be thought, that the generaT ei v la e her the names b ot h on a slip o f . paper, , neither of whom ground of attending the Assizes, except where special :e knew ; that she gave the two slips of paper- to 'lb Royal Highness; that when the cases should be made out, was applicable as . a claim exchange was effected, she sent the Ga zette, with a note, to Dr. Thynne, informing him that she was to be exempted from attendance in that House. At 'ng t o o u n t of i town in a day or two, and thine the 2001. vio.ld be • the same time he was ready to admit, that to keep a 1 7 : and that she received the 2001: after she had call of the House over the Heads of the Members i lett7 the Gazette to Dr. Thynne. Mr. Robert Knight had also ; I stated, that he had been three times to the Gazette office after without any Object, would be high l y inconvenient 1 the applicition• before he received the Gazette which had been but, as the object of the Noble Lord's: motion was, i sen t thi t b h y e D te r s . ti l m l o at o nne i when C is; received i t b from Mrs. Clarke. hi to secure a full and adequate attendance this day and rs. . r 1- corro m orates the testimony of to-morrow, and during whatever time this important iar. Thytuie and y M o r. Knight; ut Mrs - 'Clarke further stated that when she 'hewed the slip to the Duke, he had said, that one subject should be under discussion , he tru sted that ! he par•fts watt a baect." the House would be sei:sible of die propriety of a t op - i of' t Fro sing it. m the forego d ing subj testimony of Dr. Thynne, Mr. ! Robert Knight, and Mrs. Clarke, it must be admit - Mr. CURIA:EN expressed h is most hearty concur- ; ted, that a sum of 2001. had been offered to Mrs. tense in what had fallen from the Right :Hon Gen ' Clarke to use her influence to expedite the exchange.; tleman ; but he must add, that if the House was not and ;am that the sum of 2JOI. had been paidao her, to be influenced in the discharge of its duty by any tinder the impres,ion that sheliad used her influence threats which originated, (Int of doors, neither was it fur that purpose.. The next point to he ascertained to be intimidated by any menaces denounced within was, whether she bad exerted that influence ? , and di walls. (A general cry of Hear, hear.) It was not whether the Duke of York was a party to the busi to be_swayed in the exercise of its .1 - unctions, by any ness ? Mrs. Clarke stated, that she had 'applied us threat from an individual i ;ah in the confidence of his Royal Highness, and had given him the slip of the Crown. Never had a subject of higher impor paper she •received from Dr. Thynne, with the tance occupied the attention of Parliament ; and, names of the parties, adding, at the same time, consequently, it had never been more-necessary, that that they would make her a compliment. • Surely a full attendance should be procure d at fhe discussion. there could . not be a stronger corroboration than this General GASCOIGNE declared, that he would of what had been given in evidence by Dr. Thynne not then take the sense of the House upOn the motion and Mr. Knight. Now he must say, that in this evi of the Noble Lord ; but unless a more satisfactory dente it was not necessary for the parties to have been reason skotild he assigned for its adoption than he so minute, unless they had a strong impression upon had hitherto heard, he should to-morrhw take the their minds as to the transactions upon which they, sense of the House uprin it. were giving testimony ; because in proportion to the Mr. BERESPORD then observed, that it would minuteness 'in which they detailed the circumstances make no difference to him whether he took the sense of thel : louse upon the qu estion this da y or to-mOi-s W as** chu l g er (If colittadi e t ko- 'A geilaWatsEter f ff was much less liable to contradiction, and consequent row ; but if a further call should to-morrow be moved, , ly the minuteness of the evidence was a proof of i t s he should certainly take the sense of' the Hotk e upon correctness. Mrs. Clarke farther stated, that when the motion. . to .l she recommended the application of the parties for The House was then ordered to be called over the exchange to the Commandar in Chief, he had morrow. stated that he knew the parties well. It also appear ed from the documents upon the table, that the par= ties had been some time endeavouring to effect the exchange before the application had been made to Mrs. Clarke. It had also been stated by Mrs. Clarke, that when she mentioned the matter to the Duke, he observed that one of the parties..was a bad subject." Now, it appeared that Colonel Broke had sheen only four months in the cavalry, and had been seven years upon. half-pay, and it Was natii-al [bat the Commati-• der in Chief should not think it right that a p e rson should be placed in a situation to command a cavalry regiment, bnless he was acquainted with the cavalry service. Mrs. Clarke had also further stated, that she sheaved the .€2OO to the Duke all at she received it ; that she was then going out of town ; and that the Duke was the next day going to Weymouth, being the :.Ist cf July. This statement was strongly cur 'rohorated by dre testimony of Mr. Kraght, who sta ted that he had sent the £2OO upon receiving the Gazette containing the exchange of his brother ; and that that must have been on the 31st Italy. Mrs. Clarke had also stated that she got one of the notes changed by one of the Duke's servants. Parson, who had been butler at Gloucester-place,. confirmed that statement upon his second examination, wherein he said that lie had on that day taken the note to get changed ; and his testimony m this was supported by that Of Mrs. Bridgman, who proved the offer of the n ote at her house for change, .though it was at Ste phens's hotel in Bond-street that the note had actually bean changed. He had no hesitation to admit that Pierson appeared - to give his evidence from a confused *collection, belt he had no doubt that he had answer ed to the best of his judgment. But when the state ment of Mrs. Clarke as to the giving the note, and that of Mrs. Bridgman as to the offer of it for clrange, were considered, there was good reason to pay atten tion to the fact. The next point to be considered was the statement of Mrs. Clarke, that only three days intervened between the application and the ex change . appearing in the Gazette. But, upon this point, she was certain only as to the time of the year; she thought it was no. mere than three days, but could not he certain. 1)r. Thynne, however, and Mr. Knight, had positively stated, that the interval was a fortnight or three weeks. Mr. Knight had been three times to the Gazette-Office in that interval Nothing could be stronger than this. Neither Mrs. Chq ke, Dr. Thynne, nor Mr. Knight could have any motive for making an untrue statement. Thei c could be no doubt, therefore, that Mis. Clarke bad made the application to the Commander in Chief ; that the exchange which had before met with delays had been expedited in consequence ; that she received the 4'200 for.this dispatch, the. R2OO being her object, and the dispatch that of the parties ; and that therefore her influence must have procured thedispatch, as, unless it had, they would not have paid her the money. * . The next point to be considered, was the variance between Mrs. - Clarke and Mr. Knight as to the in junctions to secre4. Mr. Knight stated that she had . _ It strongly bear out the case as the minutes of the evi dence on which he had commented, COLONEL BROOK & ' The first of the written documents to which he should refer was the statement sent in from the office of Me isrs. Cox and Greenwood, relative to Colonel, Broole's services. Upon that statement there - ap— peared in pencil marks C. L. cannot be acceded to ;. his Royal Highness does not approve of the exchange fire-. posed." This statement Was dated on the Ist of July, but in a short time after, that is, on the 4 1 ,3 d July, another .penciled mark was made on the statement % " July 23, 1805 ; his RoyabHighttess does now approve of this exchange." Colonel Gordon, in - his evidence, stated, that the words' not acceded.to' meant. nothing more than not acceded to till the neceesaryinquiries should be made ; and that if 'paper was to be consi.: dered, he should probably have said. so ; and, if fur ther inquiries should be necessary, might note; ie is be considered, or probably cannot be acceded to." Such a construction of language might be intelligilale at the Horse Guards, but the House would understand the words as they were understood all over thelcingdom.. The first penciled note had first not acceded an and then his-Royal Highness does not approve ; but would his Royal Highness approve or di.ipprove of any appli: cation till the necessary inquiries had been made I In common life the answer, not acceded Le, would be considered a direct refusa l. The next point-was, that the exchange was said to have been acceded to in cone quence of %he inquiry;, -and, on the ground that Lieutenant-Colonel Brooke's. services could not, but be favourably received. 13ut these services had been precisely the same when the -exchange was not gc. ceded to, and when it was said that the services could not'beta.vourality considered& >. These r serasices were, that Colonel Bfcioke bad been twelve years in the army ; four Months of which he hod been a Cornet of Dragoons; and seven years upon half pay. Colonel Gordon had stated, that the exchange lr.d been stopped, in consequence of Colonel Brooke being on • the half pay, in order to make inquiry into his set-. vices. Yet Colonel Gordon could not ree.oh , • v particular information that was The consequence of that inquiry, nor any individual from whom such in. formation had been derived. When it was recollected what admirable. testimony Colonel Gordon had given on other points, and the con ectness with he had detailed the minutia: of the business of his office, it would appear rather extraordinary that when an exchenge had been effected, as be had stated, upon 'inquiries made by him in his official capacity, he could not recollect one word of the result of these inquiries, nor the person from whom the information had been received. The command of a regimCnt re qftired considerable military experience; and, to be tit to command a regiment, an officer should have more than usual qualifications, and a competent ae qnaintance with the cavalry service. By a regulatioa of his Royal Highness, for whicl;l he deserved great credit, no off= can become a Field Odicer upon less than six years service, in order that no officer should be placed in if situation in which he might have to command a regiment, unless he was perfectly ac quainted with his duty. The regulation was essential eo the discipline of the army. But it was material tv observe, that if the seven years, during which this officer had been on the half pay, were deducted frorti the twelve, the whole of his services, there would re, main but five ; and to. select an officer of five years actual service, only four months of which he had served in the cavalry, for the command of a regiment of cavalry, was an infringement of the excellent regu lation of the Commander in Chief. Colonel Gordon had further asserted, that the result of the inquiry had been to shew that Colonel Brooke was v7orthy of the situation. That he did not deny. It was nothing to the question. The papers on the - table shewed, that upon no principle ought Colonel Gordon to have recommended an officer with only such qualifications to the Duke of York, for the situation. He only ad. verted to this circumstance to shew its bearing.upon • the case, as it went to shew that the exchange must ' have been effected through the influence of Mrs. Clarke. It appeared to him fully, clearly, and strongly to corroborate that fact ; and, when the whole of the case should be considered, be thought it - impossible that any Gentleman in the .House could be of any other opinion. That was his impression, and he did not think it necessary to trespass further upon the time of the House respecting that case, but should.proceed directly to his ether statements. CAPTAIN MALING. THE DUKE OF YORK. The Order of the Day, for the further consideration of the Report of the Committee of the whole House upon the conduct of his Royal Highness the Duke of York, having been read, Mr. WARDLE rose, and declared that he was fully aware of the difficulty of the situation in which he was placed, and should therefore not trouble the House with many words, before he proceeded to the examination of the evidence that had been taken at its Bar, and to the comments whic% it would, be ne cessary far him to make upon those parts of that evi dence to which he would have to refer. He had stu; diously, on all occasions throughout the progress of this in.. tstigation, avoided any tiring that could lead to personality. or irritation. Such' at least had been his Intention ; and if he had done otherwise, it was from inadvertence, and he would, he trusted, meet the indnlgence of the House. Howe ver he might have been hurt that motives not very w arrantable had been attributed to him for his conduct in this business, be had unt suffered such feeling to intitiencehint in the progress of it. Though he did think that in the earl {tart of the business he had been.treated more harshly than he ought, he had suffered that to pass away without producing any change in his original determination. But having said this, he must return his thanks td the House/for the favour with which he had been attended to during the whole of this in vestigation. To his Majesty's Ministers his acknow ledgments were peculiarly due, for the attention w hich they had paid to his feelings, when he first com menced this business, altd for t h e manner in which they had conducted hemselves towards throuh out. He. was thank to them, that, during the whole progress'of the investigation, they had taken no advantage of his little experience in the know ledge of. the business of that House. At a very early stage of the business, he had the good for tune to have the assistance of an Honourable and worthy Baronet (Sir Francis Burdett), to whom be lilt what he owed of gratitude. To his Noble el lend also (Lord Folkestone), he was indebted for every assistance during the whole course of this arduous business, and he was persuaded the country would feel equally indebted to him, for his upright and pa triotic conduct on this important occasion. At the. Moment of danger, when publicodium was held nut as likely to fall upon the accuser, his Noble Friend stood forward, and not only ably assisted' in Abe in quiry into abuses, but placed himself jointly with him (Mr. Wardle), in a situation to answer far the conse quentes; 'There was nothing for which he re joiced so much, as at themanner in which his Royal Highncis the Duke of York had been defended. — That he should have been defended by his Majesty's Ministers, and the Law, Officers of the Crown, was a source of satisfaction to him ;. bemuse it would convince the public, that nothing hrid -beep left.no. done in the defence, which could have heft done* render it effectual. Th ere- was one., consideration which he trusted that House would . not_ be insensible The next case he. had to notice was that of Captain Maling, and Gen tleriaen would recollect, that as it was found - his charge would not attach in this instance, he had been willing to give it up, and it was only at the desire of the Commiitee that it went on. Yet though there were no proofs of corruption in this case, _there was ample room for censure. 'Colonel Gordon al. lowed that many of Captain, kialins's seniors were ready to purchase, at the time he. was allowed to do so over their heads, and all the claims stated for hits) for this distinction in his fa'tour was, hie caexceptioop . . • ' It ~, . ill IN 111 31N I . ; . :i . 11 i c ...,' ' r • ~ t • r , i i 1 ?.., • 1 t i ' i • '•',l' i f. I .' i it I 11 .1 1 r ' ' •i '• • ..‘ I ' , I , ; V , i , i 1 1 i ; t 1 'it .; i , r • T 1 t.: i 24 lf. 1 i i I 1I . i 4 I 4 4 i 1: Z' 4 • i i '