The National Register. — London, England, 1809-03-19 00:00:00

MARCH 19. General Gust; 71 said, with feelings of gratitude to wards his Royal Highness for the many marks of personal fa vour he eaperieuced of him, it. was ant . without the most heart felt regret he was obliged to ;Ice a -,nste of censure on that con duct, to which, otherwise, he could bear ample testimony of the most merttornaus sc t vice to the army and the country. But. on aqtlest ion Itke this, every feeling of private consideration mu st yield to public duty, and he should conceive himself unworthy of a seat in that house, if he was influenced by any other motive than a faithful discharge of his duty. After a most careful ierusal of all the testimony of the witnesses, and a close examination of the various documents on the table, the re 6111t of that consideration has been, that he was of opinion that his Royal Highness's conduct had been extremely culpable.— Heavy guilt rested upon him, and until that guilt was disproved. he could not say that the Commander in Chief could hold that situation any longer with comfort to himself, or satisfaction to the public. The CHANCELLOR of the Exerttountt then rose for the pnrpose of moving his resolutinn expressive of the opinion of the guilt or innocence of the Duke of York. The evi dence atforded no ground whatever for thinking his Royal High ness guilty of corruption in the execution of his duty ; nor had there been any ground made out for attributing to him a connivance at corruption. He certainly was not prepared in framing his resolutions to meet the particular views of each Gentleman respectively on this question. Indeed he did not conceive it consistent with what was due to the Duke of York, and the duty lie imposed upon himwlf, to couch a resolution which was to decide upon his guil t or innocence, of the charges attributed to him in general or vague terms ; his object was to bring the house tti a decisive conclusion Upon this important branch of the quest ion, and leave such other remaining grounds of complaint as Gentlemen might think proper to ground a proceed lug upon for seine other course of deck,lon. With respect to inno cent connivance, which a right hon. OPntleman (Mr. W indham) attributed to the Duke in the course of the debate on a former night, namely, that kind of connivance, on his part, which did not constitute that degree of knowledge of improper traffic in Military Promotions which could be called criminal connivance. lie would now only say a few words with respect to the present mode of proceeding by Resolution and Address. Ile had before stated, and he would again repeat it, that his principal object in proceeding by Restitution, was in order to determine whether there was ground for proceeding to trial. if the Duke of York should he Anoka guilty of corruption, or of grave suspicion of corruption or connivance, then upon a Resolution to that effect being entered upon the Journals as a distinct opinion, the house might address his Majest) for a dismissal of the Duke, or for an impeachment before his .Peers. This then. he conceived to he the most regular course that could have been pursued, to avoid all the inconvenience of Address in the first instanced The right hon. Gentleman concluded by moving the following Reso lution—" That it is the opinion of the house, after the fullest in vestigation of all the evidence laid before them by the Com mittee of the whole house, appointed to investigate the conduct of the Duke of York, that the said evidence affords no grounds for charging his Royal llighness, in the execution of tis official duties, with the personal corruption alleged against him, or of any connivance of the practices therein specified." Mr. 1.1'11'1.17,T0 N thought that the Motion of the Chancellor of the Exchequer was founded on an imaginary right, and that he ought not to enforce it. That to decide whether the Duke was guilty or not, were to sentence, instead of merely pre paring the way fur it. Any man who took an impartial view of tie evidence which had been unfolded during the frequent e afn t nat ions that had taken place,"would think the charges had taco fully substantiated. Toe). were not proved by the forre pr w pm:cots, the thunders of eloquence alone, but by a milli i t tlieits of corroborated proofs. Amongst the latter was that o loch ranked next to the confession of the accused, his hautl-wrtiog. The honourable Member then alluded to the regulations of toe Year 16SO, when it was ordered that no Member of the House of Commons should accept any otlice, or even the promise of a place, v. ithant vacating his seat. He certainly would be sorry were not Ministers allowed to keep their seats in the goose, in order to be able ta explain the motives of their conduct, and answer for its con.e qu euces. tut he could not r efrain from thinking that imparti t y would be more likely to tix tic abode in Saint Stephen's Chapel, wire none but placeless . Members there. lie had to thank an ho n. member (11r. Canning) whom he did not perceive in the hous?, for a delicate allusion to an anecdote relating to his great gsandfather. He however thought It unfair in that Gentlemau to wage war With weapons, which lBi were certainly unequal, since he had looked over the Line- of history, and also tradition, in vain, for an account of his an cestors, and their deeds. The co u ntry hung with x swfience on the issue of this important business. The in terest which it had excited, pervaded every chess; it formed the theme of every conversation. And / should so many proofs have been exposed, so many examinations hav‘.• taken place, unit so many debates called forth the eloquence of Parliament for to other purpose but to produce a shameful vote of entire acquittal; how low would he the humiliation of the house ! how omnious would he its degradation in the public estima tion! If the decision, and be apprehended much it would he Fo terminated in the acquittal of the accused, what security does there exist for us ? The lion. Member hoped better of the wisdom of t h e house, and sincerely wished it might prove, by the vote it would give, that it imitated the conduct of heaven, which is no respecter of person. Sir Too As Tu wro also regretted being compelled to give a vote on the question of guilty or not guilty of personal cor ruption, or spotless innocence. No alternative now remained. Those who might have thought him culpable, merely because he bad not checked the hands of guilt. without participating in its advantages, and who would have voted for milder proceedings, were now obliged to declare him guilty of the whole of the charges, or acquit him of every accusation laid against him, against their own convictiou, and their own coo , icieuce. I t he were acquitted, the nation would say that Parliament had done nothing - , and he even now much feared that they would say they intended to do nothing. Before Cod and his country, he declared it was his firm opinion, that the Commander in Chief knew what corrupt practices vvere c;.i.rried on t having that conviction impressed on his mind, he would be an infamous dastard if he shrunk from the acknowlolg. ,, ent of it. Let any one who should do so repair to his constituents, inform them how he bad voted, and ask them whether he had done his duty ? He was not, however, willing to degrade any man. even in imagination, for he hoped it w mild never he realized of any member that he should be capable of such corrupt servility. Mr. DICKIN SO N supported Sir Thomas Turton s Ammend merit. Mr. Fut,r,ra defended the Duke of York, and thought him one of the ,finest Generats England ever had. lle would net give his vole to punish a person on suspicion. lie was not afraid aids Constituents. —If there %vas a di:-solution of Parlia ment, let them try him again ia the shabby manlier they had done, Ile finished by ex pre.sing his love for his Country, and exclaiming,—" If there is any man tt ho does not like England, damn him—let him leave it ! !I" Lord Mortre'ru expressed his conviution, that the charge of corruption and connivance was not so clearly and satisfactorily proved as to enable him to pronounce the Duke of York. guilty. (Bear! hea , ! font the illinisterial Benches! ) After a few words from tlise Chancellor of the Exchequer in explanation, Mr. .Sti inner, Mr. Wil he rforce. and Lord 1! enry Petty, to whom the Chaucellor of tit:. Exchequer replied, a cot:- versation took place between Mr. Whitbread, Sir J. Pultenry, Sir Thomas Tullio', Mr. Yorke, atria Mr. Canuimug, w Iwo the question was vociferous! y called for, and the house divided; first, on Sir Thomas Turton's Amendment, Ayes, —N oes, :lA—Ntajorit v, 199. The next division was on the Chancellor of the Exchequer's second Resolution, A vev,(i7S—Noes, hl6—Majority for the Duke of York S. Adjourned at live o'Clock. The Caledonia, Tonnant, r;o:is, and Bellow', with several frigates and sloops, under toe e ammand of Lord Gambier, arrived ofr . Roche fort on the 7th. There is no chance of getting otr the line of hat:!e ship which ISII4 driven on shore. Our .of the friza . tes ih .t went on shore ' has,got oti, and is rrtitting. L'riatienne, La Calypso, and Le Terrence French frigates, are v holiy destroyed. At a Court cf Common (unlit 3 held on Thursday, the Court proceeded to co , isider a report trop the Committee of City Lands relative to Smithfield Market, and ordered the Committee to proceed in Parliament to obtain an Act for its removal to the Spa-Field, t'eloaging to Lord No , th ampton, or to the Field adjoin:Lig 13:tpig.4o. Wells, beloag ing to Lord Caithorp, or some Other 1.14:e necessary tor making a suitable and commodious Market, with instrue. lions to the Cointnii.fre to obtain the City's rights and pri viieges to be extended to and over the same. I . . MARCH 19. THE NATIONAL REGISTER .187 - • . . . . ... ________ • - i cent:qui FE/I GU St: N Said, with feelings of gratitude to- were certainly unequal, since he had looked over the poses of wards his llosal Ifinhness for the many marks o f pe rs onas e a _ history, and also tradition, in vain, for an ;aroma of h;s an- . . . . , your he experienced of him, it. was not without the m o st heart- cestors, and their deeds. The country haws with mixious ", )!i felt regret he was obliged to ;Ice t note of censure on that con- !.tvtience on the issue of this important business:. 'Pie in- duct, to which, otherwise, he could bear ample testimony o f the terest which it had excited, pervaded every chess; it formed • • most meritorious sir vise to the army' and the country. But. o n the theme of every conversation. And/should so many proofs a qoestion like this, every feeling of priv;sie consideration most have been exposed, so many examinat ions have taken pl a ce, yield to public duty , and he should conce ive himself unworthy tool so many debates called forth the eloquence of Palliallitla . . of a seat in that house, it he was influenced by any other for co other purpose but to produce a shameful viol? of entire motive than a Faithful discharge of his duty. After a most 'acquittal; how low would he the humiliation of the house ! , • careful oerusal of all the testimony of the witnesses, and a how omnious would be its degradation in the public estimis- -1 l -,... close examination of the various documents on the table, the re- fiat)! .If the decision, and he a pp rehended much it would full of that consideration has been, that he was of opinion that he so terminated in the acquittal of the accused, what security his Royal Highness's conduct had been ex tremel y culpable.— does there exist for us ? The Hon. Member hoped better of the • Heavy guilt rested upon him, and until that guilt teas disproved. wisdom of the house, and sincerely ss kited it might prove, by the i:. he could not say that the Commander in Chief could load th a t vole it would give, that it imitated the conduct of heaven, which situation any longer with comfort to himself, or satisfaction to is n o resp ecter of p erson?. the public. Sir Too NI A s Tu RTO N also regretted being compelled to give The CHANCELLOR of the Exeritiountt then rose for the • a vote on the question of guilty or not guilty of personal row- porpose of moving his resolutinn expressive of the opinion ruption, or spotless innocence. No alternative now remained. i t s , of the guilt or innocence of the Duke of Y ork . The evi- Those who might have thought him cuipanle, merely because he s deuce atforded no ground whatever for thinking his Royal 'ILO- bad not checked the hands of guilt. without participating in its ness guilty of corruption in the execut i on of h i s dut y ; nor had advantages, and who would have voted for milder proceedings, there been any ground made out for attributing to him a were now obliged to declare him guilty of the whole of the ~ • • connivance at corruption. He certainly was not prepared in charges, or acquit him of every accusation laid against him, s against their own conviction, and their own coliscieuce. If he l framing his resolutions . to meet the particular views of each Gentleman r espectively on this question. Indeed he did not conceive it consistent with what was due to the Duke of York, and the duty lie imposed upon himself, to couch a resolution which was to decide upon his guilt or innocence, of time charges attributed to him in ;Faecal or vague terms ; his object was to bring the house lei a decisive conclusion Upon this important branch of the quest ion, and leave such other remaining grounds of were acquitted, the nation would say that Parliament had done nothing:, and he even now much feared that they would say they intended to do nothing. Before God and his country, he declared it was his fi rm opinion, that the Commander in Chief knew what corrupt practices were corried on ; having that conviction impressed on his mind, he would be an infamous dastard if he shrunk front the acknowholg.sent of it. Let complaint as Gentlemen might think proper to ground a proceed_ any one who should do so repair to his constituents, inform lug upon for some other course of decision. With respect to inno- cent connivance. which a right hon. Ginitleman (Mr. Windham) attributed to the Duke in the course of the debate on a former night, namely, that kind of connivance, on his part, which did not constitute that degree of knowledge of improper traf fi c in Military Promotions which could lie called criminal connivance. He would now only say a few words with respect to the present [node - of proceedi stated, and he wot there was grouted i' 'ld ao proceeding should he t ' i esol Resolution nod Address. Ile had before • ,sain repeat ution, was i it, that his principal object in n order to determine whe th er aft for proceeding to trial. if the Duke of York me mod guiltyof • • corruption, or of grave suspicion of dm c 4 o e r in rt , t z p e t i i i i t i e n re t b ir Y ltn'r connivance, by then upon a Resolution to that effect mignit d u impeachment lion the Journals as a distinct opinion, the house address his Alajest) for a dismissal of the Duke, or for an before his Peers. This then. he conceived to be the most regular course that could have been pursued, e ; 1 exc Mr. Fut.r.ra defended the Duke of York, and thought him his V kid ell Inert, let ie, lit t ole to is Const them . finishe Liu itii try I daiminff —" If t ny dalllil him—let hi all the inconvenience of Address in the first instance. The (Hear! ketv! . right hon. Gentleman concluded by moving the following Reso- lution—" That it is the opinion of the house, after the fullest in- vestigation of all the evidence laid before them by the Coin- tgniiiitt:.N.nniitr.LivicliceibiNtbdovNottlettili,wftt)tirdteadsksitrheTmhowinhzeoth,erruriti(embsadAddounneehiai: duty ? He was not, however, willing to degrade ans• man. even in imagination, for he hoped it would never be realized of aov member that he should be capable of such corrupt seta ility. one of the finest Generals England ever had. lie would not i e ti n s t l s ) .— a person on suspicion. Ile was not If kiln ags in three • e ss d by ex pi here is toy man m leave it ! !I" us as a di:-solution of P:trlia- ia the shabby manlier th ey had he , his love for his Country, and vs ho does not like England, Lord Monrcza expressed his convirtion, that the charge of corruption and counivance was not so clearly and satisfactorily to avoid proved as to enable him to pronounce the Duke of York guilty. f ma the illinisterial Benches! ) After a few words from tlise Chancellor of the Exchequer in explanation, Mr. Sitsmillter, Alr. Wilnerforre. and Lord Henry Petty, to whoop the Chancellor of tit:. Exchequer replied, a eon- . • , s. . i 11‘ it.. 4..., ' .. 1 4 t . ' •1 • il . 44 i l ii t • • 11. •, .. ' 1 ' f t ~ J . . ," :4 : 4; . .. ~ mittee of the whole house, appointed to investigate the conduct versation took pl,on between Ali. N% bolo - tad, Sir J. Po . ' woe- .l t , : r of the Duke of York, that the said evidence atfords no grounds Sir 'Flonnas Z' p 1 Air, Yorke, ana Mr. C i anumg, s% hivn the .':' for chargiuss his Rosa! Highness, in the execution of ~IS official question was A iry c ork for, and the house divided ; Is - ditties, with the personal corruption alleged against him, or of first, on Sir Thomas Turton's A memlutent, any connivance of the practices therein specified." A yes, IYS —N oes, : - t aj oil tv, 199. .s. ,i. The next division was on the Cluisicellor of the Exchequer's I ... '• Mr. leYrri.ETO N thought that the )(lotion of the Chancellor r , st . toe, of the Exchequer Iva founded " lot i s nary right, and that ma r i second esolut Ares,‘SlS—Noes, 'o6—Majority for the Duke of York S. .' ; N he ought not to enforce it. That to decide whether the Duke, • - a i ‘ was guilty or not, were to sentences instead of merely pre- Adjourned at Five &Clock. 1 ~.. / paring the way fur it. Any man who took an impartial view of ..................... s io .s tiie evidence which had bee n unfolded during the frequent e siosi- The Caledonia, Tonnant, Hies ronts, and Bellow', with . 4 1 11. SI. 9 n:mt ions that had token place ,"would think the charges hod lola se , sterol frivates and sloops, wider toto command of Lo t it e, • . fully substantiated. 'friey were not proved by the forst. era , - - Gambier, arrived ofr Rochefort on the Ilh. There us Illf gninents, the th unders of eloquence alone, but by a mid; i ill kit v . .i S i chance of , rettinn• • oil' the line of hat:le ship which ISII4 t, !' of corroborated proofs. Amongst the latter was that vs Isist amen on shore. One •of th e fro, -files th .t went on shore ' ranked next to the confession of the accused, his Ittiutl-wrAileg. is .. The honourable Member then alluded to the regulat items of toe hassgot , on, and is rvtittiqg. Vitatientic, La Calypso, and • Near 1630, when it was ordered that no Member of the House Le Terrence French frigates, are v holly destroyed. 4i of Commons should accept any otbce, or even the promise of a At a Court of Common I. ount 3 held on Thurselay, the • . !place, v ithlot vacating his seat. Ile certainly would he sorry 1 1 / 4 Court proceeded to c0 , ,5i0 , .T a rep ort trout the Committee i I ~:,,,,, were not Ministers allowed to keep their seats in the house, in of CON' Lands relative to Smithfield Market, and ordered o ftl 7l ,, e w r f.r to f, t r e able to espial,' the motives of their conduct, and s consequeu thinking that imearni di in Saint Ste{ .es. But he could not refrain from , it s ty would be more likely to fix its abode ,hen's Chapel. were none but placeless Members the Committee to proceed h.: t aroanient to ohtwn an Act for removal to the Spa-Field, heloagibg to Lord No,th- -• . . ,is {:I • • • aropton, or to tilt, t i... 1.1 adjo.u.o., Bagssigze. Wells bele . o• . , al t ..' in " to Lord Caitliotp, or some other I:l4ce necessary for ii 1. .....1. '..1 il 4, , I, ''' ~,,k there. lie had to thank an hon. member (Mr. Canning) whom . makiiqs a suAable and commodious Market, vs ith instruc. he did not perceive in the twos?, for a delicate allusion to an am_ ct • • lote relating to his gre:it gFandfatlier. He however thouebt lions to the Conuni;.l.ce to obtain the City's rights and pri- . t . .,: ,..;,i,. 1 $t unfair iO that Gentleinau to wage war with weapons, which ... viieges to be extended to crud o‘er the saute. • . . i.; ~• . ~,,v , - ; 01! 4x' , I It' f' • 11 : 'tW '' •• 7 ' ' I ' • H • TILE NATIONAL REGISTER.