The British Press; or, Morning Literary Advertiser. — London, England, 1809-03-16 00:00:00

`M f'~ - ; - -. • F -- laiir ~_ rii~ . . 11 . ..! 5 ci ,• . • IMPERIAL PA i2LIAMENt ifbvss dr LORDS, %Yr:Flipper,. SLlOest is. • ROCHE AND MOIRCRLL: • • f ts Leto Cease it sson Imre todgment in Appeal, the Decree of the/risk Court. 114I tt i otseen, from the Scretary's Offtet M Ireland, rralraitid at the Bar certain papers, aceordisg to the Act of The Scots' Chil•! Murder Bill, the Raised Rum Dew. lndk Bill, the Annual Indemnity Bill, and the Sager - Beatty Rill, were commitkd. • asiottois of the Earl of itorssys, ma swami ettlso Mistiny Bill was postponed till till-snorrew.— • HOUSE OF COMMONS. A kiessber was sworn n. Mr. TRoRIIuS moved the second reading of the Vaux hall Bridge Bill. Mr. P. Moons objected to it, as it encroached upon the of Battersea-bridp, from whom ttral of the P roprie tors ptionagaiastit The Bill was Mee read a second time, and the petitions egaiost it were referred to 3 Committee. An Amount was vesented of the laterest paid on all Ex- Bills, fur three years ending the 3th January, 1809. --Ordered to lie MI 1.1/1: The Marine Mutiny Bill was read a second time, and or • skied to he curansitted to-morrow- Mr ARTHUR WELLEsLEY brouglt to the Dublin Paving Bill, which was read a tint time. The Report of the Couunittee on the Shilling and Six penny Daty Bill was brought ap and agreed to. • The Belem& Ruin Importation Bill was read a woad time; and ordered to be committed to-morrow. The House resolved itself into a Committee on the Bill for sowing flax-sad in Ireland, in wliirb Mr. Fosrea snored, "That some'. ho,..paid out of the Consolidated Find, into the bands of the Trustees of the Linen Manufacture is foe the purpose of rukuaragiug the raving at Ilimmeod to Irelaud."—.The House then resumed, and the Report was ordered to br received to-morrow. The House went into a, Committee upon the Espirio'. Laws hill, aid the Report ordered to be received to-morrow. The Newfoundland Fishery Bill was read a second tins,' and ordered to be committed to-morrow. The Hoak went into a Committee on the Sugar and W Duty Bill.—Report ordered to he received to.sserrow; ENGLISH MILITIA. Lord CASTLEREAUH rose, pursuant to the notice he had given, for the purpose of obtaiinug leave to bring in a Bill to complete the Militia of Great Britain. He did not wish to detain the House by entente; into the inerits of the Bill he was about to introduce, but should content hims-lf for the pre-. sent with briefly stating its were outline. In eon.• sequence of the transfer of service from the Militia. to the Line, there was a deficiency to be made up of 23,000 men ; .he would therefore -propose that 24,000 men, bring one half of the quota of the Militia in Great Britain, should be raised. by bounty, the levy to be eompleted iii twelve months; eight months dot of that period to be allowed Ilse' the recruiting ;libel', if it should not be foisad•do feet ual, then the ballet eliould take place, in timber to make up the deficiency. The ten guineat which would be allowed to a recruit, he should propose to be allowed to the substitute of the Indicated man, to whiJi he conceived there would be po objection ; but, while he proposed eightroonths as a period for enlistment, he wished power to be allowed to His Majesty to put the ballot io force sooner, in case the former plaii should fail. It would be necessary to allow, besides ten guineas bounty, two guineas more for contingencies. The pro posed measure, be .doubted not, would soon greatly increase the Militia; but, although the power to ballot should • seldom or never be laid aside, be did uut apprehend any danger would arise front its being postimsted eight mouth*. The Noble Lord concluded with moving. " Tlint leave be given to bring in a Bill to complete the Militia of Great Britain." Earl Tette Le made some objections, as did Lord hlitTon, but declined urging them at present. Mr. SHAW LEV 7.vaL considered the measure very objectionable, and hoped the Noble Lord would Hot press it forward, so as to prevent the Magis trates, at their Quarter Stisiona, from taking it in to consideration. Lord CASTLEREAGH raid, he. certainly wisll it to be forwarded quickly, and comaclered that on evil which might arise from it, would be compensated Illy the additional time it would _give for recruiting. After few words front Mr. Dairies Gtoorand Colonel FRANKLAND, leave was given to bring in the Bill. Lord CASTLEREAGH brought in the Bill, which was then read a first time, and ordered to be read a secuud time on Monday next. DUKE OF YORK. LOrd FOLKaTONE moved, " That the Order of the Day for the House being called over, be read;" when Mr. WHITIRFAD rose for the purpose of explain ing a circumstance which had been ' by some masse. misrepresented. Ile had had occasion, since the qtuestion relative to the conduct of the Duke of York bad been under consirlerat• , to remark npoti the letter of the Archbishop of Tusin to Dr. O'Meara; he had been stated to have ex pressed surprise, that the Archbishop of 'From, should direct a letter to Mrs. Clarke ; he had said no such thing ; lie had described that letter an it anpeared upon the minutes ; it was directed to Dr. O'Meara, and not to \lts. Clarke. Lord Fotesroxe then mid, he should defer (It (owing the Order of the day, for the same reasons which had been urged yesterday. General GASCUYNE rose to give notice, that in esse the House sat till three er four o'clock, without deciding upon the question before theta, he should take the sense of the Haute upon the iitirtion of adjournment. The Order of the Day for the debate being re -1.11111:•1 1110411 the conduct of his Royal Diener, the Coininander-iii-Chief. being read mud agreed tn. the SPEAKER stated tire question before the /louse. Lord MILTOS feeling it to be his public duty, rose to deliver Ins sentiment's. lu doing this, he thought it necessary to speak upon the opinion laid down My a Learned Judge, at the rortithencement of the present proceedings; he wishicitolioint out it. • absurdity; that Learned Judge hod +midi if you could not believe one part of the testimooy of a witnees, you must reject the whole ; if such au ab surd proposition as• tine were allowed, it would sweep away almost the whole 8f the evidence given upou both sides of the question. lie trusted every person in that House wernld torus their opinion on the evidence before them; the result of which insist Le, he conceived, that the Doke of York could not retain' his cornrow!. Hrsdid tint thick it 1./amide any one. could believe die eridvace of Mrs. Clarke, but oust eoute to that conclusion. He could not carry his belief so far us to think the whole of Mrs. Clarke's testimony worthy of credit, but thought her evidence greatly strengthened by minute cir cumstances, while her eippaticy bad a contrary effect ; for this reason he left out the whole of 'Mrs. Clarke's evidence, which related tin the Duke of York, when no other witness was present ; bat . there were many parts in which she was not arise tradictetl, and in many others corroborated by un impeachable witnesses. lie called the attention of the House to Mr. Dowler, whose evidence had last night been attempteetto be shaken, but whose tes timony was confirmed by an Hon. Member. Every circumstance relative to his appointment was con firmed by the corroborating evidence of Mrs. Clarke, Mr. Howler, and the Right Hon. Gentle. man opposite, Mr. Long. Mrs. Clarke and Mr. Dowler had been called conspirators, who held nocturnal meetings to forward their designs; but could it for a moment he supposed that the Right Hon. Gentleman attended these meetings, and aided their conspiracies ? No such idea could be entertained. The only cue which attached direct corruption to his Royal Highness was that of Ken net. Here it was proved that a person of infamous character, who had been some time a bankrupt, proposed a loan to the Duke of York, and had pro mised his Royal Highness should be accommo dated to any extent, provided he procured hint a place. IVithout wishing to • attach the smallest disg•.ce to Colonel Taylor, it might be fairly come eluded, that the letter addressed to him bud been laid before the Duke of York. Contrast this con duct of his Royal Highness with that of the Duke of Portland in a lute instance. The Duke of ' Portland spurned the wretch from his door, who wished to tamper with the duties of his office, and indignantly stopped his advancement. But the Duke of York ! what dots he do? He suffers it to go on. If this ie not u proof of a corrupt mind, he could not tell what was. He then remarked upon the several cases which he thought made out in evidence, and particularly animudverted upon the letter of service granted to Col. French and Cept. Sandell, which, lie said, was not revoked till men tioned in that House ; and that if ever there was a jab, this was a job; and if a job, it was through the influence of Mrs. Clarke. 'Where he felt doubt on the evidence of Mrs. Clarke, lie sought cur roloorating circumstances; and it was this in duced him to take the case of Kennet into con sideration. The Noble Lord then pointed out his' objections to the original Address, and preferred that of Mr. Bunke'. He Next remarked upon the course of proceeding which had been adopted by the House, and said it would ,have beau more satis factory bail the whole been left to a Committee, where witnesses would huge been examined upon oath. At present, the great difficulty was in die tinguishiiig between what was credible, and what incredible; what probable, and what improbatile. There would then not have been those difficulties which he now felt; he would not then have had these strong suspicions on his mind. Although he did not intend to make any fresh aruentlauent oat the question before the House, still he thought a better allude would have been, to have laid the whole evi dence before the King,which theycould ha ve companied with strong remarks; it would then have rested with His Majesty what line sl Id have been pursued; what the House was then about to do, amouuted nearly to the same thing, only with less d. licacy, as it precluded His Majesty from adopting what might be most suited to his own feelings. Ile hoped the House would consider bell what they were about to do ; threats were held over their heads, both without doors and within doors ; if they were convinced, ns he thought all must be, that the Duke of York was not At to retain his office, neither fear of:favour should deter them kkets.de daring their sentiments. Ile would not be de terred, because he was the son of,u King ; he had always thou;lit it objectionable, thut sons of the King shonld hold places of responsibility ; and if ever lie felt forcibly the justness of the objection. he never did so more than then...—The House felt a difficulty arising from delicacy and respect, to which it was impossible to be insensible; but that was not to deter them. They were not going to address the Kin; to remove the Duke of York, lint to remove the Commander-in-Chief—(Deer! hear !I They must entirely divest thrueselves of the idea of his being a Prince. A Right Float. Gmt. had asked, if his Royal Highness were dismissed, where would you find one so competent to fill the office ? This was no argument why be should not be distuissed,if he had acted corruptly. But lie thought they might hind one as able within their own door. If lie were another Duke of Marlborough, who was a greater General, still lie should be removed; but he was a much greater General; greater thug his Royal [lightness is, or greater than he is likely ever to become. The Duke of York being now fort-five years of age. his habits were formed; yet they were to hope he. would whirr. It was a general expectation, that weal= grow wiser as we grew older; bet if his habits were formed opou the rudiments of folly, was it not to be expected that they would grow stronger ? He hoped the Right lion. Gent. who had said that infamy most attach to the accuser or the accused, would come forward, and state to whom it now al toadied ; he thought he would final a difficulty to fix it to the accuser; and if lie fixed it ii son the accused, he fancied he would find it difficult to re main where he was. (Hear ! Hear !). He thought another Hon. Gent. had placed the Daike of York, and the House rather in an aukward predicament, iu bringing down a second accusation on his head, by laying that foolish letter before the House. Here the Deka; is made to declare his innocence, upon the word and honour of a Prince; so that, if formal guilty of corruption, he must also be found guilty of falsehood. (Hear! hear!) He did not think the Hon. Gentleman felt himself aukwardhy :situated, as he thought his Royal Highness inn.. cent; hut it was nut en with him and-others, who must now find him guilty of both. Lord STA WRY tuid, that he did not mean to fol low the opinions of others, merely because they hall the sanction of great authority, but would pro ceed to state to the House such as he had formed in his own judgment, and from a review of the tiremestanci sof the case. He did not think that the House was obliged to deckle the case before them mum mere legal evideme, because be did it consider the House as a mere legal court ; he U 7'77 _-~--- thought that "eery one had * right to givinn dpi. niou, grounded nut upoii the nicety of technical distinctions, but upon the general tenoutr of the 'eridencesas it struck their minds. lie talnadrdniel bard upon that occasion with a nand as free awes bias as so lion. and Learned Judge who had act upon a termer night, or as any Hosourable ber who heard 1 ;if any bias did exist, it was not of that nature against .hie so many cautions had been pronounced ; it was in favour of the Duke of York, and against the charges ; but whatever iufluence that might have upon nun in another case, the present was so strong, that lie felt it impossible to bring himself to pronounce hiss liniment upon all the ehafges. if be found that the case of corruption was not proved ; that is, if he did not find it established by evidence, that the Duke of York had actually pocketed the mo ney, but yet had strong reasons for believing, that he was under an influence, incompatible with the discharge of his duty, he did not feel himself under an obligation to separate such accusations ; they were links of the same chain. Several opini ons bud been given upon the evidence brought be fore them, particularly that of Mrs. Clarke. Sonic said that all she uttered was true, mid should be credited ; others, that all was false, and should be disbelieved ; but there were some who took the middle, Awl, in his mind, the better course, and con cluded, that though site might be discredited ice some things, yet the general result of her testimony was such as to entitle it to belief. He did uot agree with tfie Noble Lord behind him. who said, or rather (for he was not inclined to give into the construe-, Lion), who was represeuted to have said, that all she uttered was true ; he believed that the Noble Lord had gone no farther than to stale, that tak ing all the evidence together, it was lint false, and looking to the differences and contradictions charged upon it, it did nut stood impeached in any of the material facts to which it related.— Upon Miss Taylor's evidence, which was already so much the subject of discussion, he begged to be indulged with a few words ; it was 111Sibied upon the opposite side, that she who could slot recollect to have seen Colonel .French, could not possibly have remembered the substance of a con versation heard so long ago ; to hint that did not appear surprising ; a conversation of u remarkable nature might he lunch better remembered than the person of au individual; and he knew many people who recollected circumstances loag passed with a much clearer and stronger impression than others of a more recent date. Many women applied to Mrs. Clarke ; not women of her own profesaioa, but women of character; and he thought it would be an injustice to Miss Taylor to east any imptitatiou upon her, because, in common with such peraons„ she was an acquaintance of that lady. A r Ho nourable C.:rodent:lu had said, that she was not in the habit of consersations with his Royal High ness upon military subjects, or matters connectei. with the office ; but though he was sure the Ilo framable Gentleman thought so when he said so, and though he was willing to adopt his authority, when strong reasons did not prevail against it,,he must say, that, in the present instance, the autho rity of his Royal Highness was to be preferred. whose letters contradicted that assertion, and estab -I,shed the declaration of Mrs. Clarke upon an un shaken basis. But, after all, he did not consider her evidence so material to the case as many Gen tlemen seemed to think. If there were no other evi dence before the House than the letters of his Royal Highness, of which he had just been speak ing, he would feel himself bound in conscience, and by every claim of justice and of duty, to pro nounce hint guilty of conuivance at the corrupt practice with which he was charged. If in that ease there was not strict legal an d direct proof, it was because in such cases such proof wastiot attain able, and that principle of evidence which directed that they should be satisfied with the best proof which the ease admitted, was a complete answer to all the objectious and complaints against the nature of the proofs before them. In his opinion, it was not necessary that time charge of corruption should be immediately connected with the Duke of York, by a chain of irresistible evidence; if there appeared to them rational grounds of suepicion— suspicion of corruption or connivance, though it did trot go to the entire extent set forth in the dis cussioq. he ought to be dismissed ; that there were rational grounds for. such a suspicion he was cer tain—there were so minty circumstances, all run ning into each other, that lie thought it iraposetble to resist the belief. It had Leen stated in contra diction to that opinion, that the conduct of his Royal flightiest , towards Mrs. Clarke, released him from the imputatien of criminality. It had beets asked, would he have treated her in the manner he bud done, would he have separated from her 111 an ger, if what she said were true, if he were really in her power, and had committed himself by a conni vance •t such practices us she brought before the House amid the public? What the generality of mankind would have done in such a case, whether they would have submitted to the dictates of fear, or pursued a course of bold and obstinate defiance, he would not pretend to determine; but be had the authority of a great name, and a proldund in quirer into human stature, to countenance another eappositiou, and mark out another conduct applicii -Ible to the present case ; it was the authority of Shakespeare, who, in his Play of M for Measure, mskes Angelo thus address babel— id Who will believe thee, Isabel " My ets,iled name, Ik' somata's' of my life, " My vouch against yon, sod my place i' the state, " Will so your actuation corneae', " That von shall one is your own report, " And smell of calmer- Disgrace, it was said, should attach somewhere ; he might well say that it did not attach to the Hon.Mem bet who brought forward the business; it should pass to some other quarter. The case of Kennet he considered moat important ; it appeared that he was recommended by the Dnke to the considera tion of Air. Greenwood. (Here the Hon. Member rend some extracts from the evidence, in support of this towertion, and also another which he made upon the same case, namely, that the intention of procuring a place for Kennet did not go off upon the ground of his character, but from the consider ation that the loan, was not likely to be obtained.) The next case he adverted to was that of Sam. Car ter; he felt himself justified in stating, that he was not appointed from any other influence, but through *at woman alone, perhaps he might not have • , • • arm livery, but it was certain) he wits in a menial capacity ; application might have ifteii made ii.. him before, but it was nut mini emir applied that the comminution ,was proctored to her aisfluenia theiefore it Wllll eitstidsTril); itli respect to General Clartring, if ht. trainnuay were to i.e believed its any (Mug, it should ne isthmian that his aeplicationio her reepeetilig milder) ado s matron was not' the only had upon ivielt suirjects ; for he beil et+ verei ) " that the reisse_qbe . ti:_phiai to :d!. i.l. •, a.e., because he exiariemeiflier apjuu,ness to •.•. communicative ti l os' formes occasion*. Aam Alderman, i order Mt diirinave the Miliv•te:r of Ur-. Clarke, its the ease.of Me.' %%%% ler, ieheed a re . . • venation to this Hotter, di who'd. he , 11411-Holitia Dna Ivr liiiw4elf she questioe ; saying. " I into heard that it Wits through Mrs, Clarke you Marmot :io n , appointment—l leinw it was not. 4 To tie* ~,r. Dowler answered, " o, it was kilroUgli,Sir 41193 i, • Watson." sepiesend . ed us a grimial for concluding, that it a:. not through Mrito the appoditinent was obtuined, although M. Do,. ler himself had sunit at the:Bari it was. ky s e, a ;,,,, he would ask, any dial the worthy Aide. item the inquiry ?—liecause public report, 1 a:t.r.e public notoriety, had set her nowt) as tho 1411k0111 UllO ItrlX:tlleti it ; ania Inott pubite Notoriety h. entered it preaumptiiiii stretiger than ant tied could be founded upon the etinvcrsatioo of the worths Alderman. 'flit Member for CatubridgcaliirMaist observed, that it was probable Sir Bratsk WIs;WWI procured that appointment, as Ice hadsueemaital procuring three other append weeds, about the mule time; but such a mode of arguing could bring conviction to his mind ; and hr appealed so the imiderstandiug of the House, whether Such tut 'defence should have weight ? He had heated the speech of a Right Him. Gentlemau maiming. who sppeared to take such a minute view of the e;.St, that he removed out of Ins sight all the pm minent gigantic objects about which others were t employed, and is eshich they tlitmolit their prin cipal attention should be chrscted ; he could JIM approve of that microscopic investigation of -the littlenesses of thesubjet•t, he was for • general, coin. preliensive view. The House had been called upon not to attend to popular clamour; he hoped it • would not ; hi• joined in that call as sincerely many man ; if the House did attend to it, it would for feit its character with the rest of the world, and lose its humour entirely; but when he talked thus against en attentions to popular clamour, it was. 4 crimiind attention he devil's:sited ; it was usi Mice bon calculated to produce an improper influenco upon their minds, and induce them to swerve from • the path of justice. There was an.attention to pubb claniour,or he would rather callit to public Kamilla. Which should never meet his disapprobation; it was necezmry in a free Government, nand far those elia represented a free peoele, to consult their opiuitdis, and pay them a respectful attentiou ; and he we. woo a little surprised, that the caution alpsited pal - lie clamour should originate with a Ri g ht Gentleman, to whom that clantone had teem so beileficial,.who owed so flinch to it, and had, te gether with hit colleagues, built his very existeust, awl that of his party, upon decry. It had .been •insinuated home the same quarter, that the thus ' trioua Personage, whose conduct was then arraign .ed, might come ultimately to the Crown—such an observation was improper—it farmed no part of their consideration—id that moment his Royal • Highness appeared before them in the character of an (Aker of the public, and in that character only hail they a right to consider him. He did not wish to occupy much mote df the time hf the House, particularly as there seemed such an anxiety to come teen immediate decisid4; he hop ed, however, that before that decision. was formed, many indepoident country Gentlemen would de liver their sentiments, very few of whom had spin ken. Though he did not agree in every word of the original 'notion, he agreed to it upon the whole. 4a lion. Geist. had said, that one might he inclined to vote for one case, and one for "mother, and yet Math be requiryd to vote for the Address; this I.e Mid said wits all objection to it, but it was the very remain why he (Lord Stanley) lilted it ; diffi rt•et pedale might prefer different ; roads in going.to ford, but that could he no resusoil.why, when tin r hid Met there, they should nemegree together. 'A Right lion. Gent. had said, that it was natural for a 'woman hying as she had done, not to refine• any money offertd to her upon the supposition of her influence; but the House war io possession of evidence, wheh proved that, the supposition 'had some foundation ; intlecitit was so strong, that he did think the Duke of' York guilty of corruption, and he was perfectly ready to vote for any .measure which should inflict upon him the punishment he deserved. ph. LEYCESTEIt said, -he thought it of ma tebal importance dust the . Resolution should Ine• plain, and whatever decision they might come v that the sentiments of the individuals who timid should be explicitly understood ; from the Address that was proposed, .he slid not think such would be the case. The Address stated, in the first plate. that they acquitted his Royal Highness of uny par ticipation in the profits. In the seemed place, it said, that such abuses could hardly hove existed without exciting the suspicions of his Royal High ness ; but if they said he gusto cted it. he did not wee how they could say he was not guilty of some species of connivance. If they thought that lie .ess guilty, they should say so, and take meesuri accordingly ; they should not resort to that in:. seeable way of doing it by implication slid suspicion. One bad consequence would resets from such a method ; the character would be )sired, and defence rendered impracticable; surd he would leave it to the feelings of every mem alit. ther they thought they would be justified in plaits g his Royal Highness in ruch a predicament ? A s. Hon. and Learned Friend of his had stated t4et there was no charge against the Duke of '‘ . .olkl and if he meant to say that there was no techeicel charge, his opinion was true; but was there ram, he asked, a charge in effect ? Was not is charge it the most heinous nature mired alpinist his,. ? And had it not excited a ferment horn " ice real of the country to the other ? The Howe ogiyht to recollect, that if they came to the ri ,e -'idiom there would be .uo maws% from it, — He edmitted that the whole id the testimony; of Ilirth Clarke . not to be rejected. betwine sows bad beep petard; bat there li 6 II d