Star. — London, England, 1809-03-18 00:00:00

'vas ; and the milder the means of removing him could be devised, the better. That removal, how-, ever , was what the House owed to itself. There was a time when nothing would have made the Right Honourable Member more happy than to have heard that the Duke had resigned ; and he might have r esign:id without the smallest disgrace. There was a precedent of this in the case of the .Duke of Marl borough, of whom the House of Parliament received certain information that he had unduly put £63,000 into his pocket. The House took this in its consi deration, and her Majesty in Council declared that being informed of the proceedings, she resumed the Duke of Marlborough's appointments ; and•nothing .appeased on the Journals of the House but the remo- Aral of the Duke. The Right Honourable Member .4eoncluded with announcing his intention to propose an Amendment to the Right Honourable Gentle man's intended Resolution, to the following effect, upon which hp should be inclined to take the sense of the House That the House haying considered the various circumstances, think it right, first to pronounce on the honour of the Duke of Yu. k ; and next, what impression the whole of those circumstan ce.has left on their minds." Mr. Bit AGGE BATHURST said there was a de gree of unfairriess in omitting the word "charges" in the Resolution, after the Right Honourable Gentle man had used it in his argument. The Honourable Member urged the advantage of burthening the House wish as few divisions as possible, and said that now the *Right Honourable Gentleman'S Resolution was withdrawn the House was open to the proposi tion whidi the Honourable Member had taken the liberty on state to the House on a former night. • Mr. DA:ItHAM-couldnot'bring himself to th in k that immediate degradation and eternal infamy were no pu niihinent ; and thought it wrong to inflict punt:Uinta for sn anibiguity, and to pronounce judgment upon an aheinative. All that the House had to say was, that the charge of corruption was not proved ; and it was injustice to the Duke of York to deprive him Of the votes. of those who could go thus her, and no farther. He had rather kill a man outright, than mercifully indict a lingering death— he had rather stab him, in open day, than nisinuate into his body a poisoned dagght. The 'Duke of Yotk might be innocent of corruption, and yet guilty of anistonduct—it was im. possible to ,dismiss the subject without a further re tolittion, and tire Address would form the subject ofl third Resatition. It was'desirable that there should i be an 'Ad in order to relieve the anxiety of his Mijesty'st :i s nA. The Honourable Member's view of the subject, would be bettei explained by a resolution which he should not prOose for the opinion of the House, butznerely read is a declaration of hit own. It stated firSt f that there were corrupt practices— Sdly, that the Duke of Yoit did not participate in or connive at them—and Sdly, that he had, however, permitted the undue influence of a connection, in itself highly immoral, to the injury of the service and the scandal of the public. • Mr. CARTWRIGHT was of opinion the House should come to a decision on all the charges, particu lerly those that related to corruption and connivance, and that it should be done rather by way of Resolu tion than Address. Lord W. RUSSELL said, that after the very long discussions that had already taken place on this subject, he would not enter into an examination of the evidence ; bin confine what he had to say to the first proposiuon of the Right Honourable Gentleman. Neither that proposition nor the amendment of hii Honourable Friend, .met his approbation. He would be sorry to find it drawn into precedent, that the cha racter of any person, however great and exalted he Might be, was to have preference to a consideration of publie grievances or even inconveniencies. It Might be necessary perhaps to pronounce an opi nion, on . the - character of the Duke of York ; but the expression of it was not to be a ,preface to their, proceedings, The fair course wo u ld b e first to examine into the abuses s• ,• to have been . committed tinder the sanction of' Dune of York ; to ascertain Whether they did or did net exist • and if', the result of that inquiry should prove that they did'', exist, to follow it op by an Address for the removal] of his Ruyal HiOness. • Sir H. 1 4 ,10NOMERY Could not help eaves sing his surprise at the consistency of those Gende- Men, who wished that the Home should . pronounce * 'specific opinion upon the question of Aye or No.— In an early stage of their roceedings, they objected to pronounce upon the evi dence without due *enquiry, and now they are called Upon to declare the innocence of tip party accused. The whole country was ring ing with •the abuses committed in the department 9f which hit 'Royal Highness. was at the head. He trusted that these would be inquired into before they came so a specific vote on the Duke of York's guilt or innocence. Sir J. HALL observed that the information re ceived by the House was not such as to justify their in coming to a decision of guilty or not guilty. Mr. C. ADAMS rose, 6erely . for the purpose of explaining the grounds on which he had voted. It 1 Was with the greatest regret that he felt himself ob liged to give a rite against any branch of the Royal Family ; but an imperious sense of duty compelled him to declare, that be though t enough had been proved at the Bar tojustify - the original Address. Mr. LOCKHART said, that not haring an op portunity before of stating his opinion,be would Claim the indulgence of the' House for one moment. Upon a careful review of the evidence, be would conactenr tiously declare that the charges of corruption, cri minal participation, or connivance, were not 'WS= ciently made out. Sir W. CURTIS wished to explain the gotds upon whiCh he had. even his vote. He-had carefully eiamined the evidence, and he could find nothing in it to justify him in laying his hand upon his heart and saying, that the Duke of York was House of corrup tion or connivance, He thought the was bound to come to a specific Resolution of Aye or No. Colonel WOOD said, that there seemed a disposi tion in some . Gentlemen at the other side of the House to acquit the Duke of York of corruption or conni vance, aud- yet to fix him with other charges for which they could find no name. The Honourable Member proceeded to remark . upon the evidence of Mrs. Clarke, but the douse manifesting much impatience, he sat down, declaring thit he to.the propos& • tion of the Chancellor of the Exc tier. W.M. FITZGERALD hoped, tia $e cgmpli_ ▪ cared nature of the iltiegions, that fhb Boil* would indulge him in explaining die Ori the preceding debate, he vt dresses, though he was decidedly solutions were preferable. He though there might be parts in were objectionable, yet on the preferred to what he knew the chequer would substitute in their pill . , rejected. In whatever vote he had given or should give en this subject, he was and would be actuated .by a conscientious sense of dirty. He had not the .honour of being known in any way to any branch of the Royal Family ; but there was no person in the House who could feel less satisfaction in the degrada tion of any branch of that Family. He did not think the House should be called upon to pronounce a spe cific opinion—but, if they were,he hoped a distinction would be made between the different parts of the ac cusation. He objected to an Address, because, after having instituted an inquiry, be conceived it would be more worthy the dignity of the House to come to a specific resolution. In voting an Address, they were calling upon the aid of the Crown, for that 'which - could • 'do, without the- least yet lie envied dice Gentlemen who could lair necessity of adopting , hands upon their hearts, who could face their cu ust i. a s the object of which tuents, and who, in that awful moment when all s u s• to afford the York lunar) , prospects fade from the eye of expi r i ng mo .. the Duke of York in tality, could enjoy that serene composure whi c h re ] When that part of the sults from the consciousness of having endeavoured, it would be competent for to the best of our ideas, to discharge the duties j ib . an 'amendment, which should posed upon us after voting for the entire acquitt a l t .r away me proposed from it. his Royal Highness. Those who had defended tip Mr. LITTLETON was sorry to be thus called puke, had spoken as if gentlemen were unacqu a i nted on to deliver an express opinion, though he made no with the most common expressions in the EngliJ : doubt the Right Hon. Gentleman had good reasons language. The word connivance had received in 0 1; „ for thinking himself right in enforcing such a dis- House several very novel dentitions; for his part, tint decision. He contended, that it was not incum- he could only understand the tvord connivance, . 4% bent on the House to come to such a determination implying a knowledge of the corruption without a n y by the constitutional laws, but to give their opinions endeavours to terminate it ; and understanding I L . ; without pronouncing judgment; as in common Courts. word as he did, he could not but believe hi s k nyA In support of that opinion, he cited the Records of Highness guilty of connivance ; he, therefore, m ove the beginning of the reign of Charles I. The Ad- .as an Amendment on the amendment of the latii n .o Bess by the Honourable Gentleman who brought for- I Address, that the words following the word" arord" ward the charges he considered as the most complete. be omitted, to make room for the words afford He agreed with an Hon. Member who had spoken of ; ground to believe, that his Royal Highness Must hays the general interest excited by the recent proceedings [been aware of the corruptions and abuses prov e d b y . the - evidence • red at their Bar." they _do of their own authority. He wished of House, that the characters of Princes are in also tn.spare the feelings of the Sovereign upon such some measure regarded as the character of the nation a subject. Still he could not help considering •an over which they are placed--their glory is reflected Address, with all these disadvantages, as preferable on the realms they governand their infamy in like to the Resolution proposed. He lamented that the manner descends to their subjects. The House,-he examination of evidence should have deviated into the trusted, would do him the justice to believe he was wild and irregular course it had done ; that the whole actuated by no unworthy motive, when he State& of the private life of the Duke of York should be that, in his opinion, the charges brought• forward' brought before the House. This was not matter of against the Duke of York had been fairly substanti. state crime, but of state scandal, and was calculated ated—if not according to the rules of legal evidence, to make a most dangerous impression on the public. in a manner satisfactory to the understanding of every' He was surprised at the course pursued by Ministers. Gentleman who considered the evidence which had He was astonished they did not prefer at first to meet been adduced. The mass of evidence before them • the original Address by a direct negative. was the best that could possibly be obtained in such Mr. CARTWRIGHT explained. l a case—it was so corroborated by circumstances and General FERGUSSON observed, that after the facts, and so clearly traced by documents under the able speech they had heard, and the many others hand and seal of the person accused (which in fact they might expect, it might appear presumptuous in amounted almost to a confession of guilt) that he him to offer himself to the House. But he stood in was at a loss to conceive how any doubt could exist. a peculiar situation. He had the misfortune to differ , Whatever might be alledged against the character of in opinion with all the military officers in that House the witnesses examined, when it was considered that on this important question ; and he was anxious, many of themwere ruining themselves bystatingwhat therefore, to orplain the grounds of his opinion. He they did, there was but little reason to doubt the fully agreed in the praises that were bestowed on the truth of their assertions. The evidence brought. for- Duke` of York, as the head of the military depart- ward to prove that his Royal Highness had, in some meet. He would offer his tribute of acknowledge- instances, improved the army, he thought wholly ir ment for the many important services he had rendered relevant and nugatory, as it did not prove that the' •to the army. He felt also grateful to him for many I Commander in Chief was not a party in the comp- . personal favours and kindnesses ; and, it was with I tion which it was admitted had gained footing in the deep reluctance, that he found himself compelled tot army. If any thing could add to the conviction ,he concur in a vote of censure on the conduct of his ' felt of the guilt of his Royal Highness from a review Royal Highness. But, on questions of such vital ,of the evidence, it would be the conduct of his pro : importance to the well being of the State, every pri- fessed advocates, who not only opposed the chargesH ' vate feeling must give way. He would do his duty being brought forward, but endeavoured to- pervert to his constituents, whatever pain he might feel in the i the meaning.of the Honourable Gentleman who talk discharge of that duty. He would say one word as :ed of -*conspiracy against the House of Brunswick, to the evidence. After the most careful perusal of it, the revival of Jacobinism, &c. Were that mighty after considering it with all the attention of which he magician (Edmund Burke) alive, whose wonderful I was capable, the result was a perfect convictions upon influence was so universally admitted, his most po his mind, that the Duke of Yoik was extremely cul- I tent spells would have no effect on him when intend pable. Until the cloud, under which he was, should ed to convince him that such a spirit existed in the be dispersed, he thought the Commander in Chief I British Nation. He could .not appi-ove of the at ( could not hold his situation with credit to himself, or tempts which had been made to curtail the Liberty satisfaction to the people. I of - the Press, by complaining of its licentiousness Lord P' ETT 'olair receive Mr. HAWKINS BROWN spoke, bu., frim O tt noise which prevailed in the House, we could (t n i ascertain that he seemed decidedly in favour of di e Duke of York. Mr. HERBERT rose, amidst loud calls for the question. He assured the House he would not de. rain them long ; he did not see one thing to substan. tiate the charge of corruption ; from the bottom ( his heart he assured them, in the most solemn manner, that he did not believe his Royal Highness guilty of corruption. [Here the Honourable Gentleman was • interrupted by loud and reiterated cries of “ question. question ?" which continuing with little intermission till the close of his speech, rendered impossible to give his concluding words with precision.] Mr. BRAND said, he had intended to have gont at some length into the evidence ; but since he saw the evident disposition of the House to come to the question,. he would ccantent himself by merely statin the general grounds on which he would give his vcae — a vote which he gave .with as much solemnity as it he had been bound by the solemnity of an oath. He ' was now brought to the last stage of the business ; I was compelled to 'come to a distinct vote of aye or ito —guilty or not guilty, and he was sorry for it, bet he would do his duty. Much had been said against the credibility of Mrs. Clarke, because she was an ac. complice ; but he would ask in the presence of so 'many legal gentlemen, who could correctly answer, d 4 was she not a witness on whom much greater reliance ought to be placed than or. a King's evidence?" (Hear, hear !) Did she come to the Bar covered over with such moral turpitude as he—he who could be subjected to indictment, ►f he did tot give an acceptable testi mony ? The passion of revenge might be strong, btt who could ever put it in compar►son with that of self - - existence, by which the King's evidence was actuated? ( Hear, hear !) Much had been said of the bias with which she gave her testimony—much of the motives which induced it—much of the contradictions which appeared in it ; he would, however, say, that he knew it to be the opinion of the Bar in * general, that Mr.. Clarke was a strong and conclus►ve witness. HENRY - PEI e'Y complimented the gallant such a complaint came with a very bad grace from hear.) ' He, did be choose it, could thew an instance Officer who had just sat down, for the manly manner those who had it so much under their command.— where the Chancellor of the Zxchequer himself, who in which he declared his sentiments. The motion The DIA, or Irib'•ll.?4 owe c Tv tata4l hAve bCOCI much now objected to Mrs. Clarke's evidence, had strongly made by the Right Honourable Member appeared to i better, in his opinion, if his Majesty's Ministers had pressed for conviction on the sole uncorroborated tee him to be not only unnecessary, but extremely objec- " not appeared quite so unanimous in his defence. The timely of a King's evideUce. Objections -had also tionable. The question was, whether the motion Honourable Gentleman then adverted to certain Pa- been taken to the testimony of Miss Taylor; he would should be withdrawn or negatived? He could not pers or Resolutions which had been laid before that not now advert to her general conduct, but to the consent to put the special circumstances of this case ' House in 1608, setting forth, that no Member of idea which went to set aside her testimony,because it upon the Records of the House. In official charac- Parliament should he permitted to take a place of was Merely the testimony of words. It should, bow. tere, the House were not to look to any thing but emolument under Government, and that all offen- ever, be considered that she was only a: eorrobonttire official duties. They were not to be influenced be I ders should be expelled ; now, though he did not wish witness oflacts which were already before them in eve personal considerations. If Royal Personag es will to go to the fell length of such resolutipns, yet he deuce. (Hear, hear!) But still in the Courts of Law, assume official situations, they must be responsible could not but regret that they were deviated from so an evidence of words was not rejected ; in a very no• for the discharge of the duties incidental thereto.:— widely. He did not know whether he might not ex- torious case, that of the murder of Steele, there a con. He had no objection, hay/ewer, that the motion should pose :msell to unpleasant remarks for acting the part viction took place, not only on an evidence of words, be withdrawn, though he was of opinion that it would he had—he might be reproached, but he could not but on the evidence of an accomplice also. This was be better it should be negatived. He trusted that think it fair in the Right Honourable Gentlemen op-, a case exactly in point—a case where the witnes s it would not be again offered to the House in any posite to adopt a species of warfare in which they was an accomplice, ,a murderer, a mere testimony of shape, whether amended or not. could not but meet upon unequal terms. The Right words, and these not corroborated. Here the testi. An HONOURABLE MEMBER, under the Honourable the Chancellor of the Exchequer seemed mony was that of an accomplice e leablted by a good gallery, whose name we could not learn, but who was to say they must pronounce him innocent, or pro- witness, of words which were ttlestiborated. (Hear, afterweeds alluded to as e a Gallant General," spoke ceed to an impeachment ; for his pare, he did not hear.) If, then, it is said there are no grounds for highly in favour of the Duke of York in his official know that that followed, in the eventof its being car- entertaining this accusation, it exactly militates capacity. He said, that if the-army were to lose ried against him. He could not. perceive the pro- against every decision in the Coons of Law; it goes the Commander in Chief, they would lose the man priety of throwing out any intimations, that in- to say, that every verdict isinnjust, and every execu• i who stood between the unprotected officer and the fumy might probably attach to the accuser. He tion a murder ! He had heard the popular feelings great political and parliamentary interest, which under j thought it proper that such inquiries should be made, were high on this eceaeion, and he believed it-; he swat ' other Commanders in Chief controuled and disposed ! unimpeded by any endeavours on the opposite side led to believe itirreet the habits of the people; they of all military promotions. He could recollect what !to 'intimidate the Mover; ' and after such an investi- i were nurtured in strong anei , exalted motions of free the army was under' General Conway, and he had I gation had taken place—after the examination of don—they were also exercised in discriminating— ' witnessed the bene fi ts derived from the system intro • such witnesses as had appeared at the bar —after such j the Trial by Jury was to them alwactical lesson by duced by the Duke of York. facts had been stated, (here he cited the Journals) as which thee were taught to judge of the present Yee The CHANCELLOR of the EXCHEQUER I had been heard in that House, were, in such circum- diet.. (Hear.)' He would much rallies , hate been said, that by what had fallen from the Noble Lord ; stances, the result to be an entire acquittal, it might, allowed to meet the original Resolution with a direct I and from his Right Hon. Friend, Mr. Tierney, (hel he thought, be considered as ominous of a national' negative, but since the Amendment had been pro f begged pardon for having slipped into his old habits calamity—as likely to be productive of the most tre. I posed, however painful a duty it was to him ' , Le ' and addressing him by so familiar a name), be un- I mendous consequences. Were it possible to annihi- - would support it. He thanktill the House sincerely i derstood that there was no objection that his motion ' lat e every trace of the evidence received, and trans- ! for the indulgence with which they had honoured j should be withdrawn. He certainly did not wish to mit the Duke's name unsullied to posterity, in that i him, and Loped he had not abused it. -(flear, hear.); I have it negatived, when he could arrive at the same i case he should feel tempted to vote against his con- I Mr. SUTTON did net eperave of the.Honoutable ' objeet by having it withdrawn. I science—but as that was impossible, as it was not in Gentleman's idea of passing a general ambiguous The question was then put from the Chair, and i their power to rescue his character from the obloquy I censer.-on the Duke, as the unintornsed would apple leave was given for withdrawing the motion. I cast upon it, he thought it incumbent ou the House ! the censure of where it ought not to-be applied ;he The CHANCELLOR of the EXCHEQUER ! to act up to their own, and give such a verdict as ' would wish the House to consult its ifignity, and not proceeded. In the place of the Resolution that was ! would satisfy the Country that they were worthy of hastily blast a character by stieh a procedure. it had Iwithdrawn, he had now to -propose a Resolution on the confidence reposed in them. If they neglected to ' been said in the course of the discussion, such evidence the guilt or innocence of the Royal Personage. The do this, what hope could their constituent s he re l as is in s isted on in a Court of Justice was sot to l'" I subject had already been so ft4ly discussed, that he after entertain ? They would give up whatever : required there ; whatever difference - there might be, I would not take up the time of the - House by observ- • might be brought before them as a lost hope, and in some respects he conceived the evidence of an ac ing upon any part of it. [The Hon. Member here cease to regard the House of Commons as affording : complice there, as in a Court of justke, should be read the Resolution he meant to propose. It briefly them any security against the innovations of corrup- i ' received with caption ; and 'when e witless, in the i, recited the proceedings on the charges, and concluded tion. -He hoped that they would prove by their de. ! Course of various examinations, gave contradictory ; with stating, that there were no grounds for charging vision, that they knew of no distinction of persons. ! statements, he thought that person's testimony should ' his Royal Highness with corruption or connivance in 1 Sir T. TURTON spoke at some length on the be doubted. ! any of the infamqus practices alluded to in the discontent which, in his opinion, a verdict of acquit- . Mr. DICKENSON spoke a few words ; but from " charges.] That is, said the Right Honourable Gen- : tal must excite throughout the country. It was with the increasing tumult could not be distinctly heard; :.tleman, that there are no facts proved against the ' the utmost reluctance that he spoke one-word against he had been much opposed in his election, and was IDuke of York. He thought it necessary that the the son of his Sovereign;' to act as he was about to determined to let his constituents see he was not Ile- House should come to a distinct opinion on the do, was to him a task the most painful, but a sense of glectful of his duty, by voting accord:rig to theciictates charges of corruption and connivance. - It would not his duty notwithstandin g i m p e ll e d hi m f orwar d ; a o f hi s consc i ence . i , be doing justice to his Royal Highness to dismiss him sentiment .paramount to every other feeling forced ' Mr. FULLER rose and said, it was not his inten -1 with a general verdict of acquittal. The specific crimes him solemnly to. declare that before GOD he really tion at so very late an hour to trespass much on the 'of which he was accused must be pronounced upon. believed his Royal Highness could not be ignorant of attention of the House, but he thought it his duty to When they had disposed of the charges oftorruption the corruptions and abuses which had been proved to address them because he had been badgered by.lettets and connivance, other matters would remain behind - exist. Those who knew him knew how reluctant.he and abuse, and such sort of things. (Hear, har, asi 1 fitting for the House to take up, and make the subject ' was to speak thus, th oug h t h e y cou ld not conce i ve t h e l ou d l au gh ter .) " I tell you, Si r , (said Mr. F.) I have of an Address. He had no intention to entrefethe ' pain he telt in the discharge of his duty, but distres. even been called a black-hearted fellow, but I'll ,11 . , House. They were only called upon to give their sing as it was, - jmy duty. (Order, Order.) People talk .very inil l e . opinion upon the charges of torrupticm and tonni. 04 Fiat Justitia, rust ccelum " - ' now of popular clamour ; but I remember wren eel Z of vote he should Le.~ - 7 0 E1Sich they milatfaitlrdc voted fork : e ami Ad' • Ag. being involved in the au xlly of opinion Xes the part of tha'Resolurion, I le did so, ipseabelf,.. was, be would frankly confess, to in those Addresse of an Address for•continuing th• ! whole they w.es to• the command of the Army. W 1 e Chancellor of the Ex. Resolution was proposed, it woul heir place .if they were any Meinher to move an amend le had given or should do away the effect he proposed fr 4 Tryl l A