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

II t a' 0 11 tat were eiren instances enough to shake and discredit be e lure the Ilan. Member mitered into a discus- 1 sioa ef the evidence, and observed, that if eatables'', u •ji she would - hays teen proms:sat-a for perjury.): eeekiter mum Nether discussion of the tweets pork of the evidence, the' Honourable Gentleman drew the eoneltision, that•neon the whole of the tnie, as it stood before them, there neither was, nor moult there be, auy charge either of corruption; or co isisavence .made out against the Duke of York ; and he declared, that in his conscience he behaved him Wholly innocent of the accusation• brnii eht neainst hen. Sir [Nauss Tv erne threw himself on the in dulgence of the (louse, while he submitted the obeervations that occurred to him en the subject, centring them he would detain them.a very short tnne. The mason he had not preseuted himself to their attention earlier in the debate, was, be ,eliselie had been wanting to see Mettler nuts of' those Geutleinese to whose knowledge and ex eerietice he looked up, would take the Nitlat, :I.w he had of the course that House ought io take on the occasion. lie had always tine vied that the Mime of the House should be analogous to the rides of universal: jiistiee. and 'upon this principle, when he looked et the cadence that had been adduced at their Bur, he was astonished at ally one asserting, that that I louse possessed soy right whatever of passing sen tence. whether favourably or otherwise. When be recollected the language of the learned Blackstone, be was sure they (eight to pause, before they pro ceeded to take such a step. That great Lawyer, ajleaisi to% of public offenders, why in it was necemary to lea )se to justice, soya" the Commons of Ens:laud canuot try ; because, represeuting the people at lame; they are the party injured ; they must bring him bethre the trihnied of the Lords." it was said, tkev were only delivering an opigion, which would prsuduce Ilse effect of removing his Royal highness front the chief command ; but was not this an in jury of the greatest magnitude, as was the case of the Oa' of Marlborough ? He had likewise heard quoted theease of Lord Somers and the other Lords ; but their case differed essentially from the present, is this, that they were heard iu their de fence. If there Voe they were to adopt the address, they would take from the Duke of York that which the meanest subject, tree the lamplighter at their door. possessed, to right of being heard before he was judged. With respeet to the amended address, it swab only made a little smoother and gilt over, but the point still remained. With respect to the merits of the q uestion itself,heconeurred with the principle laid d.eevn by the Learned Judge, who might be said to have opened the debtmtr, ;sad by that rule he would try it—tkat it was the accomplice laid the foundation of tile charge, but that it was to be sups; ported by other testotwely. Ile himself was erect with the repent' of ll a. Clarke's ea.:scheme, cod bile ill fact was but the foandatien ; lie eould not but remark. that though the other witnesses who were to raise the auperstrieture were abused by the defeiders of the Doke. yet they did not scruple to use them as psi reedy credible when they found them to ate...er then. purpose. How then did the tvideuec stool ? The enter of Capt. Tossyn he consitlinet as much the weakest in .point of evidence ; but when, they came to the Meta: • stance of the note, they were thrown on their Jt was even admitted by the Right Hon. Geist. who had first brought it to light, that, if it were s forgery, no belief was to be glint to the evidence , . • but if it were true, the Duke was ucqunitited with the corruptiou. In Turner's case, a letter ups written by a woman, complaining, not of ill ange l ; but that he had behaved unkindly ; but did they recollect that it was an application to go out of the army, not into it ? Suppose that during the time of the stoppage he had died, would any one to. (crate a conduct se despotic? He had great re• spud for the purity of the army; but if all who were objectiunable were to be prevented quitting it, he could not but cooeisler it es rather au odd mode of ',reserving that purity. The case of Ma. jar French had been proved by Mrs. Clarke and Capt. `audit. They, to he sure, were seeOuto !Aires ; but it was also proved by Miss Tuylori to whose testimony be professed to give entire credit. He also examined the writtatt skates meats, by which, he contended, the most flee grant abuse of the levy wee clear ; and that the Duke, iostead of u gentle reprimand, should have instantly recalled him, and put him on hie tr i al. A Letalioi livntleintill hod said, tout whelk the investigation beget', he hail felt his pre judices rather against the Duke ; he could say. hi had bees in his favour ; and he had exemitiesi.ehi witnesses, rather to see if has intim ence could not hi . male out; and a more fair and patient investigation had never taken place. With the impression thet had been made on him, bow could he vote for ei ther of the Addresses ? But it was said, there was no written charge upon which to proceed ; if no body else would do it, he would ; and for the piir pour of laying a ground for ulterior proceeding, be would Genie u Hesoluiime as an Amendment, to be introduced—" 'llea after the fullest Meted- . genets of the evidence produced before them, they were of m " ' there were groan& of charging his 44/41 Highness with a knowledge of the corrupt practices heard at their bar." The 11011.441 cm too RYDER declared he . cons” sidered the line of conduct pursued by the last;. aperker. as far more manly than the Address pro ve/v.4J, but found it necessary to go into some dee tails on the evidence. Ile then elected into a dilee eussion of several parts of it, and pointed out thei rarities contradicting, that occurred, and which 61.1 eoliteseled were such, that a Judge would close his hook, and direct a Jury to acquit. As to the ground so strongly relied on, of Mrs. Clarke's inti mate knowledge on military subjects, as a proof of her being suffered to interfere, that was accounted for I, V her former intimacy with a Gentleman who was en army agent ; from the whole of which he drew the concise:tom that there was no ground whatever to sustain the charges against the Duke. Thum was considerable credit slue to the Com- Illolleilitr-in-;:hief foe the interest he had taken in the military institutions of this country, sod the establishmetit at Marlow, that asylum of the Bei tits wither, id the days of his youth, endeared to us his Boyel Highness's charncter. I:ut at the sow time, if it were possible to abgmatise his proreadi.ig4. now. under the toni:denutioa of the • % - a . . _ goose. it must be allowedt if he possessed great resign the commatia of our army. The tithe, Sift and trauticendatit virtues, the. state of need iii . may come, probably it it fast aPproaching, 'reels we,' ''thigh a person, in his tipiniOn, world prance this 'shall he driven fel fight for the cause in which we •infenrace-c-there were atroneer grounds. to iuseigh are eugesed on British ground, and then it may egeiust his guilt. The Honourable lieutleimm he very important to - our exiateure that our trim), opposite could uot venture to prouounce the Doke s'hotfld be under the coutumed of a permit a le. of York guilty, and yet they word.' proeeed to de- stay enjoy grUateiCaotitlencefemi the people. It is cile.iii the presentiostance.'thea Lite paniciliutantof the duty of Ministerii , ha exett themselves on this guilt ought to be July indicted. It had been as- subject , and to eeconimend such a ed proceing. 1 - tinned he was guilty eitherof the criminality itself have now, Sir, tfisaustged my duty ; the task ha; to be attached to those transactions bow hefure the been painful, but it is the only hue of coedits which tomsiderattou of the House, or he was guilty of con e could be safiefieettity to. my, mind. I recollect 411 13 . 1V111S et that Criminality ; and he thought, in observation of Lord fliirleigh—. England can hee- . forming a due estimate of Use evidence adduc- vet . be ruined but by its Parliament,' and I ani ed, he who ran might read; and if they were of the seine opinion ; the remark is as just as it is led to decide hastily against his Royal lli 6 ll- striking—England will never he runnel till Par nem on this uecAsion, it would het be discharg- lieinecit shall cease to perform its duty." log thur duly in a manner perfectly satisfactory The Luau AUVOCATIt of SctecLatto rose, to the comitry. Some Gentlemen night lie in- &midst a loud cry of Question ! He said lie was duced to conclude, that the Duke of York was put well aware of the impatieuce 9f the House tat; xiitie tea better situation than any POI/jet' 111 the reek, ; 'to a vote; but although lie seldom rose, except but if the House were called upon to vote 111111 from a sense of duty, yet in a case of such mugs& guilty, without any specific charge, and upon evi- Lode and importance, ou a question of evidence, dunce which would not be admitted to convict he could not think of giving a silent vote. the tneatica individual, because, twit upon uudi, fie felt that every moment this debate was they would lie doing that which would he Mean- protracted, the more necessity there was for intent with every regard to the dictates of justice. dailig so. 'Fhe speech of the Noble Lord who had Earl TEMPLE addressed the House in a forcible just sat down, did uot satisfy him in a (western of speech, of which the following is the purport:—.. I such a complicated nature. He had gone ovei Ha. rise, Sir, for the purpose of delivering iny stun- evidence with the utmost attention, and loud fin 1114 d ments illicit' the question before the House ; be- au opinion, the grouilds of which, if Gentlemen cause I think, Sir, whatever may be the claMs of would hear his statenteut. tb cy would somicr be the Hon. Gentleman near me (Mr. Wilberforce) enabled to arrive at the accuinplishittent of their I have at least an equal claim to the attention of object. His opinion wit , , t h at hi s HAP" Omillac" the House upon such an important subject. The had not in any one instance abused that power which eyes of this country are fixed npon us ; and, Sir, I was entrusted to him. And that the proper course do not hesitate to declare the fate of the country of'proceetling would be, thaeevery distinct charge bangs opon our d ec i sion . W e ar e pl ace d i n a most should Le put in the uature of a question, so its remarkable situation; because, as former ev e nt s tither to Le rejected or aperoved or. If the Corn . hove quickly passed before our view, our attach- maniler-iii-Chief were guilty of curraptime let it „, meet has become stronger to the reigning family of fie snd so, and let him be sent to his trial ; bat if, 'the kingdom, and is daily increasing, when we on the other baud, he was uot guilty of corruption, 'felled upon the virtues of that person who now let hint be acquitted by a vote of the House, de .ithijoys the dignity of the Crown. Due coo- daring him to be innocent. The Learned Gee- Adiamtion cannot be dispensed with on the pre- denten was then proceeding to animadvert on the sent most important of all other ?anions, where evidence, but the Neese became so clamorous, that the character of the ma of the king is brought he found it impossible to obtain a hearing. before our judicial determination. Rather, Sir, Mr. A'ul.aintroece—a Having considered. Sir, than this event should have come to pass, I would the whole of the evidence ou this subject, and haw- Aare shed my blood, I would have shed it drop i ing beard all that has hitherto been stated on it, joy drop, endow than the evidence now lying on must seriously, it now becomes my duty to state Your Table should have existed, and afterwards the conclusion I have formed. In doing this, I PIO ' hive been ptoduced on this most unfortunate oe. to confess that I have in souse degree participated eissilou. A Noble Lord (Castlereagh) has thought in those prejudices acknowledged by others to it his duty to comment upon the proceedings exist, even at the outset of these proceedings. The 'of the House of Commons ; he has said we Are Honourable Mover will pardon ate, and the House 1 tiying the Duke of York in his absence; we are try- will pardon me, when I say, that 1 could scarcely -log him contrary to the first right, the indispensable *mend to the evidence at the Bar, 'tor !sestets to the 'Privilege of even the meanest subject within the charges, with that degree of Mimeos which Las O realm. But, Sir. if this obaection deserve our Member of Parliament, ought to have done ; but, boosilleration. if it were advisable or proper it as the matter has gone on, I here gradually divested should have been made in opposition to the mode myself oral% those prejudices, said have endeavoured which has already been adopted, it ought to have to form, in my own mind. the most impartial dui. 'been suggested, anti strongly supported, in the in- non. Sir, it appears to me, that we may consider fent stage of the present proceeding. His absence this question as divided iutu three parts : First, we on the present occasion may be a matter of cum- are naturally to consider what degree of guilt at plaint; and it an inconvenience result, of no inferior taches to the Royal Duke; that is, whether or tint magnitude, it might have been prevented long be. he be chargeab e with a coirupt participation in the j fore the present period. Prejudices of the public profits with Mrs. Clarke? Secondly, whether he foaled have been complained of. and so fat I sin be chargeable with merely a venni, ance at her ready to admit very weighty and grave prejudice* partakink of those profits ? Aqd in the next place s have been entertained respecting those benefits to consider the whole of the subject ; aod, as Niue eaphieh have been thus improperly conferred by his bers of Parliament, to come to those conclusions, lir* Highness the Duke of York. If prejudices upon a fair view of it, as it may present itself to • L'iffiftient from, those which I have now adverted to our minds. In regard to the first part of this !lave affected the public disposition, they have question. I mean how the Duke of York has arisen from the publicity which unavoidably at- participated in the corrupt practices, I cannot taches to this mode of inquiry. Ido thiuk it tie- help swill* that it is astonishing to me, after i 'emeary we should come to a scific: determination having examined all the testimuuy, that his I r .ppoll the guilt or innocence of his Royal Highness. Royal Highness should not have felt some allot at :the mine time Ido not mean to say we strong suspicions of what was going forward, ktought to come to mach a determination respecting and it is impossible to do away the effect of those raption, for our duty compels us to a dectsionof suspicions. His Royal Highness must nudoubte 'merely his general conduct. And after all iiot, • tally have known, from his military friends, that '4lWr , has been alleged on this . material question, I there was a strong and preveiling idea of the exist- LlTgould myself have pm hesitation in declering my euce of some corrupt ways in ebtaiuing army pro ' nic] ON the corruption and connivance of ' the motions. These were not thins done in a corner. uke of York. Maley difficulties have been started, nor talked of as secrets by some obscure individu . and many objections have been made, relative to ale ; but they were matters geueraliy spoken of the mode of proposing an Address ; hut still she ll even ia public, frequently hinted at in pamphlets ' term shall have been excluded from our preaenteou,, in general circulation, and known iu particular ..gideration, even the amendment of the Chancellor a shy military men, whose attention was drawn in a of the Exchequer must,afterall, be pet its the silage., peculiar degree to these objects. Had the Com 'Oen address, and in that manner humbly present. ,mainierLin-Chief not a icumber of military men, .itti at the foot of the Throne. Ido net pledge my- with whom he might have conversed upon this sub !self to this or that mode in particular, and I will jectodietiever he ksew of it? 'time now appeared that farther venture to state, that as to corriiptipn or it niust him: been the notorious mid pre:veiling opi efamiiisrance, I agree with the Hon. Geottemen op- 1/ . 1016 throughout the Army, and even io other proles that the evidence was pri lid petty Mipport- 'ions, duct army patromtge,as well mother situations, 111 re. Clarke. who erne to the Howor. self- had been corruptly disposed of, end it had gone d and blasted in her evidence. (Hew ! forth that the whole of this was effected through I) With respect to Mies Taylor's evidence, the influence of the Duke of York. The Mistresses ye no reluctance in declaring I think it of Princes have beets in several former instances the . but it does not convict the Duke of foul means of giving rise f, the obtaining places corrupt ohm ; yet, though the evidence does not go ly. The Duke of York is a man of erudition and such a length, it certainly sheers hie Royal High- politeeducation, and he must surely have read in Item, contrary to every atorrect sense of propriety history that such practicer have arisen in former ' 'pad decorum, did commit to such a woman the times in the Court of France, and even in oar own treat importance of various transaerions. After Court, its is stated in the history of this country. 111 which has been obeerved, in regard to the ex. It was impossible for him not to know that the of Cilnucester-placr, I intuit confess I had Mistress of a Prince was in fact the most likely ther see the links pronounced guilty of great person, if not discouraged, to keep, as it were. ittravegiume, for it would be mo•re congenial to an open shop fur the sale of offices. He most my mite!. than if he were to be prmiounced patty have known that Mrs. Clarke was likely to indulge of corruption. In the mean time, Sir, on this sub- herself in the continuance of this species of traffic, jeet Ima very ready to grant it would be proper if he at all had adverted to the tenour of tier old if the Duke of York paid more attention to his habits. In the nest place. the Duke knew that she own canards. lire determined to stand boldly was exceedingly distressed for money, and there forward, and express distinctly my sentiments on fore that she would not only have an interest in this occasion. Ido acquit his Hord Highness such illicit and corrupt dealings, but would be of all corruption and connivance in these greatly tempted, from her necessities, to avail her- Usual:tenons,. but I find him guilty of having self of them. He must have known, that Mrs. trinitted this woman to hiterfere with his &h5 l '- Clarke was from time to time solicitiug his interest lien of military preferment. Considerable at- concerning Persons who sere speaking to her upon r lention is dime to the case of Kennet, amid to the subject of promotions. It must hue mitetaish ithat of Clavering. The Duke of York's own Mg indeed, if he. as well as they, did not know' jlestid is produced ; he desires Mrs. Clarke to that she had some means of obtanting eituations , in llgell Clavering the second regiments were not to be consequence of a corrupt influence. lo the evi resed, therefore it win uteless for her to interfere. denim •of Mr. Corti it appears that Mrs. Clarke _cid what is the . natitial inference to lie drawn called upon hint, and desired him to burn two pa rout such an expression ? Why, if theft / steed re- peers, as the Duke wits very angry. Nuw, I thick, (intents were to be rinsed, she might in that ea.* that however. much it has been alleged that this rave interfered. I cannot Borer with the Right maker is favour of his Royal Ilighilem in one view. Mon. Gentleman (Mr. Windham) who spoke last yet, in another, it 'hews that the injury arieing from Might, and who petals oceanic:may fastidious in there instances of eerruptioa had been confirmed tfisrming his opinion ; nor would I with him split a in hie mind by some facts coming within isis sew 'heir on this iesportaat question. I would however Lice ; his Royal Ifightiescs does net seem to have -.et earatistly reeemamead his Royal Highness to availedhituself of, the opportunity he enjoyed of ••••••1 . . consulting * thee/ eateellent and honotirabie metes who were about him, pits to prevent Mrs. Clause imposing on his weakness, and practising on his credulity. On the coot:ivy, ,it rather appears, that so far ifForn discounigiug these practices. or coo gulling thee persons, ,he yaioearoured to keep them entirely in Uri dark concerning them. — When the Duke of York placed the letter froin ill•C .SaVierland in Culdlief Genius's Imirds, complaining of that lady's - `receiving ill treat ment from! Motor Turner, and Leggin. that that Officer !Mitt! . mot be alltswed to resrgu, or to sell out, in oilier that the lady might know where to tiiid him, Col,: Gordon (hectored at the Bar, that lie did out kuow there had ever been such a persons. MIA. Sutherland in the *odd. We know them hail been a connettion'betwixt Mr% StithetlSO4,l mlO the Duke; in fact, that she had formerly been the Duke's mistress; ro that we see, by this simple fact. how the Duke shut iiii eyes against such thongs as these, instead of andeavouriug to apprise, that very antii, who of all others, was the most ready. co preveut him fi osu fa II ing (low n that precipitan.ofw loch he is now on the brink. I cannot help tlaiukia. that although Cul. Gordon appears to here Ind that share of coutiderice with the Royal Duke, to whiff' he was justly entitled, it does not appear that he bed been favoured with that ilegr:e of con fidence so as to have been able to discharge di hest office of is fried. It has been stated, that Colonel Gordon was the bosom friend of the Duke ; and would that it bad been so ! On the coutorry, he seems to have kept him at that dig ' nified distance which he imagined was moat •be &wising his royal mind. An important coriclusiou irises from this circumstance, which hid not been ... lidverted to, either 14 those who brought forwara sad support theist:charges, or by those who defend the Royal Duke. There was every degree of legal assistance its endeavouring to search out witnesses, Mid bring forth all the oral cod written evidence 'that was possible, far the defence of his Ruyel Highness. All that influence, rank, and irower could effect. lies been put in practice. This. I own, is perfectly right and proper; but I swirly mean to draw this inference from it, that if theses charges had been false and undue charges, tor had they arisen merely from an uulavourable iraprtae sion against the Duke of York, we hare reit:mu to believe that it was owing to eircunistancesescaprig. or eluding the sagacity of his advocates; other wit imams a ere not - hatiught forward, but it war because they werwmatiomf; it would injure their olio ranee to - have pretended farther than they have done.-- (Hear !I—Before Igo at all into the several cases, . .. let me murkier shot are the kinds of proof on • which these charges were -brought forward, they Mad 'be from the evidence-of 'himy. Clarke, of the Duke of York, or from those-who received his fa- • Yours: We are to suppose that those w h.i remitted his favourwerould say as little as possii,le about them. Now it so happens that we have evidence of all these sorts. We have the evidence of Mrs.,Chfrke, and of the Doke of York, by means of the letters produced ; millets° the evidence of those who had received favours. Vt'e have, in addition to this, the evidence alms of the Agent* employed. as to how far they in fact were aware of Mrs. Clarke's de signs. Now, Sir, with regard to Witnesses, it may perhaps be proper to say a word or tar) as to the testimouy of Mrs. Clarke. Undoubtedly she does seem to have very little scruple in violating truth, as she has frequently contradicted . herself, and has been in several Maumees contradicted by : °therm. flaring said thus much, let me explain my nieaniug, to prevent inferences Iwing drawn from it, farther thou I am willing to allow.— There can be no difference in the case of any indi vidual stptiug facts at the Bar, with or without • oath. Bid I may arty, this, much, • that I have felt very considerable doubts as to the proper mode. of carryiug ore this Soquiry. .Wheo my ititilit flouounible mad Loomed Friend op- rode sets. out with stating, that Mr.. Clarke must have givers her testimony iu a very different way had, it temp upon oath; let him recollect al-o, ;that it wos retNiyed to a very different way from ' What it otherwise would have been. It excited a 'degree of levity., and reduced the respect which 'would have been paid to it, had it been upon oath. Although I could not give her a very great degree of credit, yet her evidence, I insist confers. was confirmed io a number of points, mid even in those carter where she was thought to be moist ro mancing. In the case of Doctor O'Meara, for instance, we were really led to believe that he was 3 creature of iniaginatiou, end even iu the cane of General Clavering, no one could suppose that the circumstances she stated were other than fabrica tions, until they' absolutely come out upon his own evidence, confirmed in every particular by the let ters produced. She said she had giver' the Duke a slip of paper, which the had received from Dr. Thyone, and a little before she said so, Dr. Thymic had, unknown to her, slated at the tsar, that he had given her a bit of paper, with the names of Coital", Is Brooke and Knight, and the purport of their ap plication. This paper she told you she had sheyvn to the Duke after dinner. Although these matters he smolt in conisequence, yet they are not ors that account to be despised, as they ',hew they were not so likely to be invented. She sand in another ease, that she never suffered the smooth to conic into the room in livery, when the Vile .was present. It turned out afterwards . that 'the coachman had been known to come in, but it litho turned out that he,.upon those omission., Ott rlwear a livery. But the strongest evidence at • is those letters from the Duke of York pro. ,„ urea by Mrs. Clarke, and aloe those that have ;heel' extorted from t'aptain Senden. The Lea-o. rd Gesit.lcusen opposite do not appear to have at. `tended to those lenters; for they 'went to have fon tigothsn that the hosiness of il J stage is to sum marl sl ,,i , ',ids..., slot. yet they have thnuant proper hi , ve out the..rutid snatenal part of the whole.— • /Hear . 1 attar! /way Ii That 'mysterious lion', hie' his taro t,•o4iften spokes of, is imporise. . carom O s man, imptisreble that Mrs. Clattne. 'to id t le are guy idea that slit- could aelpport her evitseoce . r oe water of it: Did 'sot th.-pc Learned tii ale ;oleo tiopredismittii 'illy ma r boletl, t h at all these let ters would Ire sahrable cephalic to disprore Mrs. ' i ll.liirke's. testimony ? For that purpose mast inf tarn were produced. afol yet dui stratlioe-:y 3leavanut soy ei4hila4is 'pions (aphis them, bet:rope . thej found, th it so far from short-daft her testi mony. t h ey n oi m a et ! s ome i n.ry strung proofs loam it • e . . "-,j 1