The British Press; or, Morning Literary Advertiser. — London, England, 1809-03-18 00:00:00

• r floyttl Higimetts the .Commanifer...in-Chief with knowledge of the corruption disclosed in the testi.. monv• heard at the liar," be inserted. Mr. I lam:: las Banottsi ro.e amidst a cry of "Question, question ;•' we understood hint to ad vocate the cause of his Rofal ['igluleis. HF.ltititT said he perceived the I Iroise were tired of the subject, and would not eut.:r into par ticulars. He diet' generally remarked upm the conduct of Mrs. Clarke ; said she was influenced by jealousy, envy, awl revenge, awl could not think, from the bottom of his heart, that the Duke or York ever participated is emoluments derived iron these corrupt practices, or was pe►.onaily cor rupt, but thought lie had grounds to believe their existence. Mr. Beasts said, that from the debate having been so 'wig protracted, he would state his opinion coneisely aatl distinctly. lie regretted that the Consmander-iii•Chief was brokigist into such a situation as that in which he was placed by His Majesty's Ministers; but as he was to prominent his Aye or No, he declared that if he were swore cud impannelled, his verdict Would be against the Duke of Yosik. He adverted to what had bete raid by Gentlemen high ia_the laW, that they were to consider theevidenoe lie - fore themes the evidence of accomplices; if accomplices haw. their evidence contrary to the truth, they were liable to ;moist,- merit; and although Mrs. Clarke might have been instigated by revenge, she had not the inducement of one whose self-exiitenee depended upon the event.--Wood the coatrailictions in the testimony be should riot dwell. as that subject had already been ably discussed. The' general opinion of the Gentlemen of the Bar was, that the evidence was impressive and couclusive. He then touched upon the corroboration of Mrs. Clarke's evidence, and said, that one corroborating evidence alone was sufficient in Criminal Courts. He could mention a recent iustance, which most be fresh in the minds of every one, the murderers of Mr. Steele; and iu that it was a corroboration of what? of words only--whlat a police officer overheat d a con versation between the two prisoners relative to some where one wad to the other it must have been the place where we drank the ;Tin:" audit wes upon the ethroboration of the words the giN, the men lust their lives. But in regard to the subject before the House, the evidence was corm bo,•ateil, not inertly by one, but many. If the House acted contrary to the evidence. they would condemn the verdict of all juries, wino invariably decided according to it. lie spoxe strongly, because he felt warmly. The peo ple, too, have strong feelings upon the aulaect, which he attribntetl to the natural consequence of their habits, as, they were taught to value trial by jury, and acted es Jurymen ; the House ought by their decision to give the people a lesson how to judge. He regretted the amendment had been moved by the Hon. Baronet, hot if it were Treseed, lie should fed himself bound to su pp or t it. he Hon. Gentleman concluded with exprewing his gratitude to the House for the attention which they hail paid to his observations, and hoped be had not trespassed on their indulgence. Mr. MANN ER3 SerTox could not agree with the sentiments winch had Rotten from The Hon. Gen- - tlemin who had just oat down. Ile thought the Duke of York's name and character had been calisiniiisted, leaving hiin without a passibility of redress nr ofjustitiention, unless Irons their decision. He unsold not derogate from the duty he owed to the and the Hostile would take care its elm tacter not he blasted by a wrong decision upon loose evident.,; the etideuee at their bar mu_t be loose compared with that in a Court of Law. Here, all questions, whether hearing on the subject, or not, are put ; there none are put but what are strictly to the point ; there too, they are examined upon oath; here they ale not. The 1100. Gentlemen then said, he readily accepted the chal lenge thrown out by a worthy Baronet opposite, and couscielitionvly declared, that lie believed no ground whatever Lsisted for attaching corroption, coomviiiitsr, or other stigma, on the character of his !loyal I lighnees ; he believed also, that thi public were prepared to adopt the decision of that House, if they to-ought it to a clear cud distinct point •f view. Mr. lltretatsox said a few words, as well as we could collect, in support of the Hon. Baronet's Amendment ; but a loud call for the question prevented us front heariug distinctly. Mr. FULLER said, he would not trespass a mo. mem on the time of the House, if he did not think it his duty. It had been said that nothing hail loom done to irdlarne the minds of the country ; be denied it ; he knew they were inflamed, and lie Pit it his duty to the House to tell them, while he was able, that he had been used with severity ; he bad received a numberof imonymous letters, calling him 'a black-hearted fellow, and this thing, that thing, and t'other thine. (Loud laughing.) He spoke this to the Geutl'emen opposite. who excited the populace to clamour—there was nothing worse ; it was very bad. Once, when he spoke his senti ments upon this besinesa, he thought one of them would have knocked him down. (Laughing.) Those Ceistlerneii, whets they frond popular cla mour was against the Doke of York. then they toi.lt part against him, awl began talking about corruptiou. Every shabby fellow would talk about corruption. (Laughing./ He would never give his vote to criminate the Doke of York upon ens- Orlon, which would snake lens rim away as if he had a harpooti stuck in him. (Loud fewtid`tri) They had talked abont a threut of dissolutiou.-- why. it was not the dissolution at the last slay ; if there was a dissolutiou of Parliament, he 41 not fear but his constituents would again elect him. He thought the House ought to take notice of the insults lie had received—if such insults were thrown out to Members of Parliament, it should be made a inisdemeauour ; and those who did Not like &reined, &inn 'esis, ought to leave it. (Lewd toughing/. The Hon Mi tuber said, lie had to ispologiase for the last phrase be had used, but it was a public toast, and was so fall in his mind. he could not help using it.—/ .Dore laugh ing). Lord A. HAXILTOM supported the Amendment. Lord Monism' said. that after the fullest inves tigation he could give the ',abject, lie was ineliiied to acquit the Doke 9f York of the charge of per med corruption; but, at the seine time, be would Not go the length of acquiViug him of connivance. The principal witness at the Bar he allo'weil con. trinity:fed herself in many parts of her evidence, but in other+ she had told the truth ; however, he had such objection to the Hon. Baronet's Amend ment, lie would give it his decided inct,Tative. A :Member, whose name we c o uld out learn, said, he sincerely luniented that any represent atinsis should have gone abroad, especially that which represented the act:moat' not as directed against th . Commander-in-Chief only, but Its being u branch of a . conspiracy existing against the reigning l'ainily. Ile would say, that, so far from being liable to such an imputation, the Hon. Gentleman who had brought forward the charge, was entitled to the thanks and gratitude of the country. After the letters of Geneial Claveriteg, after the note of Capt. Samba), there could be no doubt but that Mrs. Clarke hail interfered to null tory vrontotions, and he thought it *wild not have escaped his Royal Highness's obierratiots, that the application* made were for parsons not conitected with herself; from which the conclusion was east.. that she did not exert her influence :.ratuitously. It had been said, that his Royal Ilighoraas was ius different um' careless in pecuninry matter% But he 'raked, whether, when they looked to the allow ance to Mrs. Clarke, they (void entertain such an opinion of him ? When he considered the eases of Rennet, Dueler, &v. he could not put his halal upon his heart, and say, that the Duke of York was not guilty eititcr or knowledge or cminiv mice. Mr. BANKICO assured the !loose, that he would not trespass long upon its anemia' ; he should have abstained from taking any part in the debate, after having observed the disinclination of the House to attend, if it had not been for the aincad inant !imposed by the I 1011. Barraiet, in which lie could sant concur; that amendment proposing a direct negative to the motiott of the Right Ilan. Gentleman, who had left them in a situation iii which it was difficult to know how to vote for it.-- (.4 laegh.)—ln his opinion, the better tonne would he first to negative the Bo.solution directly, and afterward. to submit one more consonant with the optimal's thud were knows, to prevail. The worthy &ironer had put the a folio. in a disagreeable situation, for if they rejected the Amendment, they would then he under a necessity of voting for the original motion. limeltidge implied corriaptioti and connivance. The worthy Baronet had de clared that the business could not be carried far ther, that there were no grounds for a criminal judicial inquiry; but according.to his (Mr. Booker's) idea, there might be ground for some farther pro reeding of the Honer. A main objection which he hail to the proposition of the worthy Baronet was, that it was ambiguous Huth inconclusive ; it was a complex proposition ; in one part of which lie agreed, while he differed from the other. He was ready to acquit his Royal Higliiiess , if corruption. but of connivance tie could not acquit hits ; lie did intend to have proposed a resolution, describing that sort of connivance with which lie charged huts of liting guilty. Any man he thought could see a distinction between participation and count vance. It had been said, that any sort of connivance was equally guilty in degree with personal corruption ; but there were danger owl eouserviences to society, front essafrosortiog the gradations of vice. He did not think it a light thing to be visited with the censuer of that House; but he thought thy could all do well to consider, whether, Ay adapting large and compre hensive words, the, were not supping the founda tion upon which they stood. With respect to the reprobat a of the immoraiity of his Royal High nent's conduct, Ile was not inclitted to enter into uny censure of it, unless when it was combined with political' usirelitef to the state. Ile did not think that they should take upon then, the duty of cen.ors, unless under atieli cireunistnuces. He concluded with declaring that he should vote against the amendment of the worthy Baronet. Sir THOMAS TlATnlii said, that us tint one word had been urged Lig:6.lst the motion which he pro posed, and as the reasons advaaced in abjection were chiefly against the complex proposition of the Right lion. Gentleman opposite, he thought hlm selnustilied its persevering in his Anu:nittaent. Mr. 1411111IIART was proceeding to speak, when 1 load cries of ~ q aestioa! question!" d'u!tged him to sit down. Lord HENRY PETTY then rose, and said, that the palpable indisposition of the House to perform its duty, obliged hen to propose the question of adjouroment. The SrEmcee baring put the question, CHANCE Econ. of the EXCHEQUER said, that he hoped the House would not concur in the motion proposed by the Noble Lord ; fatigue might have induced them to adopt a conduct cer tainly not becoming, and might iii some degree ex cuse it. (No' no!) He entreated most earnestly the they would not give the country reason to suppose, that they had relaxed at the close of the proceeding, cod were willing to terminate in con fusion, whet they had begun with zeal; the ques tion before them was then drawing near a close.— The important inquiry in which they had been so long and so laboriously employed wus then coining to 111 conclusion, and if the Horse persisted lia the inclination to interrupt discussion, they would not he likely to come out of the business with the credit they should emulate. He war sure Ow the Noble Lord would withdraw his motion, if he observed in the House a disposition to permit the debate, which disposition he was persuaded would evince itself when they reflected more maturely.— The Noble Lord, he was persuades!, would not pot them to the necessity of negativing his motion ; he thesefore would suggest that it snookd be with drawn. Lord HIMIT PATTY declared, that the Right lion. Gentleman had rightly judged, when he be lieved that he (Lord H. P.) would be willing to withdraw his motion in case the. House should be willing to hear the sentiments of its members.— His motive in proposing it was, to prevent the bawl consequences of disorder at MI6 4 time, and when that disorder haul subsided, the measure intended to prevent it should be dropt by bun he would, therefore, with the leave of the House, withdraw his motion, that the &bine might proceed. The motion was accordingly withdrawn. Mr. litausaeosid, that it slummed to he the Chancellor of the Erichequer's ides, sod the mean- Mu...deducible from his resolution, that the Duke of York should be continued in office, though the House sliniald noolee that he was not guilty of the charges. Thon;h they should acquit him of cor ruption or of connivance, still they would not be jestiiied in COIIIIII4 to 21 vote for his continuance in office, after the evidence they bad beard. Ile hoped the Hon. Baronet would withdraw his amendment, that they might have an opi (((( :unity of putting a ' direct negative oil the reteolution of the Chancel lor of the Eacheipter. Mr. EL1.14011 expressed his dissent from those Gentlemen who held that, because the witue•-ees upon that occasion were ion exanansed mom oath, be decision should be formed upon their testi mony. The impression upon his mind, with re spect to the guilt or iiiiimeuce of the tiuke o r York, was, that lie had not beets proved soulty of corruption ; but at the same time he felt himself obliged to state, that the accusation of counivance -was not overthrown-4i his opinion it was moved ; he reefed his judgment on that head, upon the testimony of Lawyere, many of whom had spoken upsets both sides of the question ; they all seemed to agree thin the evidence of an accomplice should be admitted ; and when it was corroborated 50 strong- . ly as in that instance, lie thought it should be acted on. , If they were not willing to act upon such evi dence, to what purpose had they employed their six weeks? ln had been said that his Royal High nen wits a peat man, in a high mid emmttrut snots ; but it was utter, the case that great names dui great wrong; and he would I make iln objection to say enure. which he thought would have the 011ie( of making princes behave as joiners ought to believe. Looking at the whole of the evidence together, he thought that his Royal Highness was not guilty of corruption, acid lie thought the case of coithisance was proved, but should vote accord ingly. Sir C. RIOURELT. said, that the proposition of the Right lion. the Chancellor of the Exchequer ap peared to him to throw an imputation upon the areaser in that case. It stated, that there were no grounds fur the accusation. He believed in his conscience, mid he thought del House would join him in the opinion, that there were grounds for the charge, and that the Him. Gentleman who brought it forward was entitled to the gratitude of the House and tile country : at the same time he should say, that he would not vote for the atoeudinent propose, by the Hon. Baronet. Mr. PEIC6eAf. said, that he had been cautions to guard his movie), so as that it should net appear to castney imputatiou upon the lion. Geutlemau who had brought forward the chargea; his mot . did not state that the-re were no grunods ref him to have instituted the inquiry ; it only stated, that there were no grounds for the Weise to come to a decision against the. Duke of Yorli, no groutiels to criminate or condemn him. He was confident thot *heti he looked into his moduli, it would not :weir liable to the objection which the Hon. Gen tleman Fwd limelight against it. Mr. SUaIIIVII said, that if the motion had beets divider; into two distinct parts, he would have felt great satisfaction in voting with the Chaucelior of rise Eschetiner to acquit the Duke of York of cor rupt practices. He thought that Mrs. Choke had contradicted lienielf in sortie nisi:wee% at the seine lease that *be had spoken some material truths; Ise could not persuade himself that the Hutto of York use not guilty of connivance ; he did nit attach that sordid mi einiug to the word, if Its participating in the motley prodeced from the traffic, but only meant that he was willing to confer favours when his duty should have forbidden. Mr. Witer.estunca said, that the Haase should not adopt any measure or proceeding which would have a tendency to give the world a false minim of their opinion. The - Amendment proposed did not gn to negative the Resolution of Ins Ifionourisb!e Frieed, hut went as tar as that }tit/W(1011 i the contrary way. Lord Hem liT Peeve said, that lie, in common with many other Members, felt himself in is very dishtowel; situation loam that occasion. Hz was desirous that their proceedings should have ended in the complete acquittal of the Duke if York ; because, whaterer.ditlerences they might have iii ether respects, yet, in sentiments of respect and gratitudeno the Family upon die throne, they had but one opinion. it was therefore with anxiety and regret that he had bend the proposition of the Right Honourable Gentttinan,' which compelled tun to give a shrect negative to the assertion of the Duke of York's innocence. He thought it impos sible that the House should enter into any judicial proceeding on the sobject, and therefore it was with considerable sorrow that he had beard expressions fall from Gentlemen, learned in this Law ; Gen tlemen who should inform, not perplex ; who ahoald enlighten, not confuse; favourable to a judicial course ; lie differed from that opinion ; if he was in error, it was no error entertained in common with the Constitution ; which, by ne glecting to make the sante prnvisious adopted ter Courts of justice, seemed to deny the juridical capacity to the House of Commons. lie had ems deavoured to bring all the coolness and considera tion of a Judge or is Juryman into the House ; hut having done so, he thought himself obliged to apply it as a Member of Parliament ; they del not sit for the piirpose of punishing individuals ; but to, save, defend, and protect the public from abuses ; it was upon that ground that lie gave his nega tive to the proposition of the Right Honourable Gentleman. On looking to the evidence, he saw no, ground for concluding that the Duke of York was guilty of corruption. Ile admitted, that, as an Him. Friend of his had said, the evidence was of a loose nature; but then, loose as it was, it ad mitted awl enabled them to form an opinion, espe cially as• it was supported by documents; and iii footling his opinion upon that question, he never would forget, that in every instance in which, the • evidence could be supported by documents, and when the documents were found, they did support it. He thought that in various parts of the able defence which the Hon. Gent. opposite haul made for his Royal Highness, there were contradictions. The parts, when taken separately, and examined, appeared to rant that perfect agreement which was necessary to a defence; nor could any thing but the talent and ingenuity of the lieu. Gentle man prevent the contradiction , from detection. For instance, when lie had contended that the letter of Tonyn was ant material one way i.e another, yet afterwards he declared that Ow. were able wan& raters who produced it; thus indirectly ackuowlsdr IF '~'!C . • ing the importance he at first denied it. His Lordship (reserved, than there was a distinction between the different degrees ref connivance ; nu one:could Nary, that a deliberate pre-coucerted con nivance was the esine thing as a connivance pro ceeding from mrelessuess and inattention, thnugh be allowed Out both *tumid equally operate to re move n person from office, tdm had practised thew. How, he asked, was it possible for him to connect ni one vote *hat he thought upon the charge of corruption, aud what upon the charge of cone!. vauce ; and waset possible for any one who saw de cases of Doctor O'Meara, General Covering, at el Mejor Tonyte ',aeon before their eyes, to .ey than the Duke of York was not guilts , of connt- VallCe Ile allowed that it was psessi hie his }loyal Highness might be meocent, but it was 'not Ocsn the poesibility they were to decide; if lie (Lori H. Petty; was proceediug tigainst u man for life or property, he would he cautious how he admitted suspicion; but the present case was one in which suspicion might nod ought to act, it furnished a strong ground for removal. If his Royal high ties< had refleeted at all, which he was inclined to be lieve he did uot, he coukl not have supposed ht r applications in favour of Dr. O'Meara and othee, were the result of affection. He indeed agreed with his Lion. Friend, that blindeess and unwillingness: to he convinced. were the churueteristic of men in high situations. He had thought, fmm what had fullers from the Right Hon. Gent. opposite, ;bet the only objection to the measure proposed from his side of the /louse, was, that it had not been sufficiently distinct ; cud after the transactions of the last night, he felt it imposaibte to give a vote for Any e l ation that carried an etrirocal meaning ; he thnsight, nay, lie was rouvineed, that the House would do-justice to itself. that itweuld :wen its ered it and its honour; Lid that was principally to be affected by fleeting fairly with the public. He thought that if the resolution of the Right Hen Pourable Gentleman was to be carried. it might preclude the House (rein coming to any sub 'serpent resolution. if the Right Honourable Gentleman thou g ht th a t hi s Royal Iligle.eve was not guilty, the measure that he proposed was one of the most unjust preceeditigs towards his Royal Highness that could possibly be adopted.— After having acquitted bum of the charge of cor rupt infiuenee,it went oti to brand him with *crape which, if not conne.led with public inconvenience. ought not to have beet' noticed. He hoped the House would not consider him as undervaluing that most sacred tie, but there were other tribu nals before which such crimes were to be judged ; it was lea for limpets judicature to pranumiceupou them. Ile thought it u most extraordinary pro ceeding fur the Right Ilanourable Gentleman to hay, R 4 his motion sued 111 effect, that bi cause his Royal klighsiess had escaped from a consptracy, he sho u ld b e b rau d e d for being an adulterer. He agreed that the mention of that crime in the Amendment was right, because it was then connected with public inconveuicoce. Alm With respect to his Reps! Highness, he was sorry to say. that though be acquitted him of ewe metiers, and though the charge of connivance wee not established upon suffiaent ground, yet Ise could nut agree time a 11.4414 apse no wound at all. Fier these reason, he would steraite the me rims of the ga I t lion. Gentleman. and also that o f this Ho n , Barnnet. There were considerations ache utmost moment involved in their decision-- The eyes of the country were turned upon them, and it hiteume them to be cautious of their own character, and the interests of the country at large. The Sutictrort-Grsettat fur ScOrI.AND ruse amidst loud cries of gnertios and contended, that no distinction meld possibly be (liven, so as to except consiivence from the charge of crimi nality. In that point of view, there met no differ ence between the charge of corruption and that of connivance. Connivance at thole transactions w hich were staid to bare taken plate!, 'retold directly charge the Duke of York with criminality, amid draw after it the natural inference of participation. (In these grounds he defended the consistency of coring for use Resolution proposed by the Chancellor of the exchequer. Mr. C. Duanes shortly observed he thought there was not sufficient evidence to coniince his mind in acceding to the charge of corruption against the Commander-in-Chief. The CMANCIILLOR of the EZCITEQUUR insisted no change had taken place is Isis spied. from the commencement of this discussion, when he pro p!ssed but Amendment to the original Address..-- He conceived there was no obstacle in the tk to prevent the Noble Lord (11. Petty) from giving his vote in favour of the Resolution, which' he had, this day, proposed to the consideration of the Housee That Noble Lord had hesitated, because the lines %%hick marked the boundaries between sufficient ground, and no ground at all to bring home the charge of corruption against his Royal Highness the De k eof York, had considerable weight on hie determination. Hot it ought to be recollected wherever the question arises upon the prosecutirn, of a charge, it would be nu indispensable duty, in 'eumbetit upon those who ought to decide on its imlidity, to take care thet u cient evidence should be adduced before they telly credited the 'cease tion. On this question it wars strange conduct to quarrel with the words in which the Resolution was couched ; the Neble Lord had avowed his nut willingness to vote in its favour, becense it wee impressed there was no ground for the charge ; ' whereas, if a nicer distinction had Isere drawn, teat it bait cositained words more fully 16'041111g there was not sufficient ground to tailspin t the accusation of corruption or connivance, he should not hese been reluctant in giving it his assent. If a proper use were 'mule or the uuclerstaudiug, no teasels could he assigned for refusing to give a vote its fa vour of the Resolution. Saying there was no ground fur supporting the charge, could specs nothing wore, than that there wet not mill* 'tient ground to believe the ticcuustion could he snleitaritiated. It was on this principle vet y verdict was given, and every acquittal was Pr" ed ; for it never was presumed, that itt all vises where men were declared to be out piny. we were therefore to infer, is reenter aetwrW. Utere was no cninnr of accusation—there wns IMP evidence behind—there was n e a particle of mi. dance upon vtleca the tilleeed charges could pus. sibly be founded. There probably might seise some degree of blame, m almost every tuataras 111‘ 1