The British Press; or, Morning Literary Advertiser. — London, England, 1809-03-11 00:00:00

then it avenged in form, and concluded with re commending the dismissal id hi , Roy al Highness. It was impos,ible the House 1•01111(1 adopt such ail Addres , . If they thought lent guilt!, the pro ceeding would n o t be jos', they stitixt stool him to t h e Douse of Lord, bor trial ; it was what lie had a right to expect, and what he had so right to elation. Doti limy pie Ihu.k , if kis Royal Highness were found guilty of having a criminni knowledge of the base trauWacti )))) sof this NOIII4II, he would be suffi ciently pusaidoeil by being deprived of his office No; it would then become the duty of that llouse, (as in the course of events he might conic to the throne) it be were found gnittyloy hi. Peers, to pass an act to prevent his isecessooit to the Crown. (Hear! Hear!) It wasallowed by the Constitution that the House 101:1440'.45V1i that power; fur if they could exclude a Prince because he was a Papist, so they could exultitle him on any other . jcistiliable grounds. If his Royal Higlionss isguilty, it would be theduty of both Houses of Parliament to address Hie Majesty, the glory of whose reign he had tarnished, the et mine of whose rohe he had sullied, to give his nssent to a Bill of exclusion. For these lemons, such en Address as that now proposed by the Hon. Gent. should soot be carried, as it conveyed swept. coons, which would, in the event alluded to, prevent his Royal Hig,liness torn sitting upright on his throne, and render it impossible he could ever look his people in the face. The Right lion. Cent. then coatentleol, that the !addle haul not expe rienced any ill etfect from these promotions ; fur it appeared Irons the testimony of Col. Clinton end Colonel Gordon, that these appointments were quite regular, and would have taken place without any interference of Mrs. Clarke. Ile was, how ever, ready to admit, that if undue influence had been used, it was a crime which would justify lie vete censare. He then denied that the trinsactume in quertion had had any ball elect ninil the army, and regretted exceedingly that Dr. O'Meara's name had unfortunately been enlisted into the case. Ile desired the Clouse to consider and reflect up on the whole period of the Euglish History, end they would bud England had never raised her fame to a higher pitch ; the glory of her achieverneate had ..reater, then iii those periods when our armies bad been commanded by Princes of the Blood. The instances of success amidst mili tary events never were greater or more constri ctions than in the reign of William 111. when that King took an active share, in person, in the greatest part of the military events of his times. In later times the Duke of Cumberland had, on the Continent, and on several occasions, remarkably distinguished hinmelf ; he raised the army of this country to a more than ordinary state of respect*. bihity. And well, in the present days might he is. stance the ;army wider the comman d of his Royal highness—(Heor ! Hear ! Hear !) —lt was nut only the best army that ever had been in England, but it wee, cud had proved itself to he, the best army in Enrolee.—( Load cries of Hear ! Hear! from the Opposition benches.)—Certainly, Gen tlemen themselves could have no doubt on tide subject ; they must and had acknowledged the position just inside, on a very late occasion ; en occasion pt' matte glory to our valour, though of considerable and mournful regret to our feelings. But it had been said by the Hon. Centlemaie oppo • site. (Mr. ‘Vbitbrestil), that such a petrol. as hit Royal Highness was out the most fit, even from hie rank, to have the command of our army, and the reason he thoiwTlit strung enough to support the assertion, % was this, the Pru n es of the Blood were unfit, because they were not responsib' Ile (Mr. Yorke) conceived no truth in the argument, for a Priuce of the Mood was responsible. Was he not responsible ? At present the jiroceeilisi* then before the House contradicted the assertion ; they had even at that moment caused the Duke of York to be responsible. lie would contend, it %%is the pol.cy of the country. and it was the best policy i,l the King, might God bless him !to hare of his lons COUllaander4ll.Chiel: In removing his Royal Highness they would lose as most able Officer ; nei ther could lie allow it would become that House to aidesiti to any opinion out of doors—to the cla mours of the people upon this occasititi.—( Hear Aeat • o—To be sure, when the people in these eountries had antlered and were still suffering the greatest privations ou account of the eventful times in which they lived, some consideration was due to their sufferings, and it was to be exliectecl they might be disposed to listen to those who spoke of the estravail,ance or vices of all in power, the accusations of bribery and tor ritption in that House, a n d of abuses iu every department of the state. It was well known such reports did exist; and they were with the great est industry circulated throughout the country, by means resorted to for the purpose, and with a most extraordinary interest. Still, whatever might be the popular cry, it would nut be proper in the Hotter to attend to it ; and by concluded by say ing, it was iiielimputable, but if the popular cry were out of the commie'', the House would not feel at all disposed to agitate further the subject now before them, on the conduct of his Royal llighness the Duke of York. Mr. LEACH thought it his duty, upon this im portant occasion, to address a few observations to the attention of the House. Neither of the Ad dresses moved respectink the Duke of York met with his approbation--bemuse neither of them ac quits his Royal Highness from every species of cri minality and connivance relative to the uhuses com plained of—and because they both continua request hit His Majesty will be graciously pleased to re move the Duke of York from the command of the army. First of all he was inilneed to say, that he could not believe the evidence upon which these Addresses were founded, for he certainly could not reedit Mrs. Clarke lierselfr-she was con tradicted he the testimony of others, and there were also contradiction and int-inisisteiicy within her own evidence. He trusted the House would indulge him in the course of what he et...lndere(' the die • barge of his duty, while he referred to the writ tety.testimony now before them. He contended, if recourse were And to that part of the papers which contains her evidence, and that of Knight, she is there most flatly contrailieted be him, re lating to what she Iced expressed on a former in. stance, in respect to the threat she made of ruining the Duke. Whatever might have been said by the Honourable Gentlemen (Mr. Whitbread) near I hita;outi which be wee astonished to . hastr, that Mre. • Chrke's testimony remained unemitradicted and • unimpeached ; yet on his (Mr. L's) mind there was a clear conviction of her teminunly being fully euntredieted, and not worthy of belief. (The Him. and Learned Gentleman here read that part of the evidleace). The next instance of her being con tradicted would evidently appear from what she had slatted regarding her wt havitig seen thr lion. Memberwbo brought forward these charges thedny before ; she said, In 3114.11 3 1111InIter thus precluded every excuse for mistake, positively, shedsd not see Mr. Wurdle the whole of the preceding day, which was ; but the Memorable 'Member himself tieing examieed,iinniediriely stated fir bud exited upon, and seen her; on the day mentioned. Atone, without referring to the evidence itself, he waidd endeavour to recollect the other eases, to which he wits demi ttttt * of calling the attention of the House ; and they would remember, when Mts. Clarke was 'piked whether die was in the habit of tiering Mrs. Favery, she ward she was not ; and then Mrs. Fibs afterwards stated Mrs. Clarke was 111 the habit of seeing Mrs. Favery, end often visited tier. Besides the yews which inselit be refereed to, her evidence wee; itko in itself inconsistent and contra . dietorv. With respect to Mr. Dossier, she not only &flied having slept at the Slitughter Coffee house, but said she hail , nut seen Mr. Dewier the very night alluded to,' which was very material. He was ready to *limit, indeed he was confident, that the note so often mentioned wa; the hand writing of the Duke of York, and he was also of eetinion the elide lice respecting it was conclusive ,to this estent, it proved his Royal Highness had some cominimicatiou with Mrs. Clarke oil Major Tonyn's uppointment ; but that communiretnill was entirely innocent on his part, a n d seas the writing of the note itself. He hail next to snake a few observations upon whet had been said by Miss Taylor respecting Colonel Fieuch and his levy. ('Yule Hon. Member read the passage from the minntes, where Miss Taylor relates the wordsof the Dislie of Vol k on that subject, to a conversation with Mrs. Clarke.) He was not disposed to believe this tesmormy a complete fabrication on the part of Miss Taylor; but there tireitir(l to 1111113 diaposi tiun to commenicate only le pate l.e tit be con sidered what Mite T. hail said for herself on this occaeiou, when she swaeasked how she C.llllllto re enllect this particular cooveneetein from so distant a pet ird as four years ago To this she answered, she had frequently from that time recollected the cir cumstance ; hut email behig tusked further, she could not in the least recollect what Mrs. Clarke said in reply. Veit he was certain, and it eras On poredhle It should he otherwise, Miss Taylor could not forget ; she had been inclined to suppre.s a part of the conversation, and thereby to give it a defer ent colour from that which would otherwise bare appeared. The expenstasof Glotwooter-place wire another topic of animadversioa is the speech of the Honourable Gentleman ; hit if we look into the account, all which haul been immediately expend ed or supplied by credit on the part of the Duke of York, the amount of those sums would lie about 16,0001. Another getieral principle, and a very powerful one, was the conclusioa drawn from the Duke of York permittin% so • tustous me ,procedure as die Levy of CAo tuba French. If it were as stated, it would, must of all, sliew corruption iii the Commuiteler-iii-Chief; but he del not admit the fact. Colonel French had acted 111 a re g ular way, and no doubt would have obtained the levy without any adesistatice from Mrs. Clarke. It was strange ant oue should argue that each man coot 1.501.; whereas it was au erroneous opinion, founded upon the ultservatiou of lienerul Taylor, whose mode of reckoning was for one 111311 only. thi this subject it wits ma our duty to in. quire what injury merely resulted from this levy ; but if it were mitred for thevurpose of privately 1 e netittipx Col. French ? Did Col.Frencli gain ally ail :gouda es. by this levy? Now the fact was, he bee much from his undertaking, and that cotisideeitiou alone (hosed there coatd be no collision between him 11111 i the Commentler.iii-Chief, for the purpose of guesting private ailvadotage. Ile would pass over Brooke and knight/ for, whatever the case might be, it was not 4,ovsolicit could in the slightest de gree call in tptestion th- rt I triode of the Cuar• mender. If, in the case of Colonel Shaw, he had first been promoted, and afterwards put 011 half pay. because lie did nut pay a certain sum of money to Mrs. Clarke, it would be a strong instance of corruption against his Royal High lieu. But it was not true ; the case was other wise, and Colonel Shaw was glad to accept Ins situation, oil coadition of his being put on pay. He did not believe the Duke of York was at all privy to Samuel Carter's having stood behind the chair of Mrs. Clarke ; at the same time he might have been in that situation; yet it did nut follow the Duke must necessarily have beets cog nizant of diet circumstance. Believing as he did there was no truth in the testimony adduced, he considered himself bound to dissent from die Ad dress, and to declare he snort firmly believed there was no criminality nor connivance in the centime of the Dnke of York ; neither did he see any rea son for the interference of that Howie. and by acting 011 that subject it was net likely at would be attended with any salutary effect. Much had been impressed upon the minds of individuals with regard to the proper ilkeharge of their duties in that House. He thought the only duty they were bound to attend to, wits to read with coolness and impartiality die whole of the evidence Wore thein, and decide, without being prejudiced by ally °pillion; and thereby thy would hem ilia cherge their dnt'. If any Member should act otherwise, and be biassed by the sentiments out of doors. he would relinquish his ditty, and his con diva wonld"be su libel on the good sense of that !bow andilii Country. Lord rOLICSTONC then rose, and stinke in sub stanee nearly as follows : lo proceeding to offer lay rentiinents upon the question before the flower, shall, in the first place, notice some observations that have fallen from the Right Honourable Gee denten onposite, and si few or thnse whip have pre ceded hint in the debate. With respell to what fell from that Right Hononnible Gentlemen, in refer ence to the proceedings recommended by my Hon. Friend, I must observe, that upon its legality and constitutionality I have no donbt, and neon its propriety in the prevent Maumee us little. I think it is desirable that it should conic before the House ip one connected view, and be decided ore _. that liberal scale proposed in the Resolutions.— With respect to certain topic* contained in the lat ter part of his speech, I carrot pass turn over with oat notice. He talked nitwit of public opinion, and the influence it ant had, and the impropriety of sub mitting to it, wheat ummormitemied with justice ; but I do not see say possible ground on which be can rest the judgment, that my Honourable I Friend has been induced to adopt this course from any weak and culpable suloservieficy to pub lic Opi7iion ; fur my own part, agreeing with Into as I do as to the propriety of the course be has, adopted, I do not think that there is any ground for accusing me of a weak submission to that opinion ; anal the Right Honourable Gentleman may recollect, that not long ago I braved its voice, and trimmed ait universal clamour, for the sake of what appeared to me to be justice. I laeg likewise to allude to an expresston which seems to reflect upon any Honourable Friend ; it was said that we were not h Ito attribute pro per motives to our Members ; but can any one thick of charging my Honourable Friend with improper motives ? (Hear! hear!) I am stir prised that any one should go out of his way to attach Limits him an imputatimi so utterly ground less. (Hear ! . 1 I sin pet ouriled that he was influenced in this business by pure and genuine patriotism, by an attachment to his country, and to the principles of truth and justice ; lay a wish to overthrow corruptiou, to ensdicitte the vices that undermine the state r -nod sap the foundation of civil Society. There is another olsiervation of the Eight Honourable Gentleman, to which I cannot. forbear directirg your attention, as I think it is of importance that it should he discarded ; he *elated, that the result of this inquiry was likely to be rather iiijorious than otherwise. Sir, agatisst this opinion I must protest ; when such things are hrotight to light, when suelt abuses are proved to exist in the tioverament wider which we live, I cannot thank the consa *peace of that discovery a ill be lintel-ions to the mono:. I em surprised that the Itight I lonoural.Ae Gentleman, tee friend of reform, shoithl represent mien a circumstance as not litie!y to be ron,etieial. Sir, I believe no . thilig can be more ; the subject is now before us, and if the House act up to the int ' piwtance of the subject, I beheve it will do more to defend the erase of liberty, mod defeat the ef forts of a foreign for, than any other cireitinstailee within the compass of its power. Again, the Ho t:mumble Gentleman has urged as :VI argument in this ease, that the Hoke of York has served the army ; ha . this I know nothing ;. I am snot :legatos*. cal with the state of discipline to which theralluny has been brought, nor how far any iinormitonetit in it may be considered as owing to hint ; but this is uo cousilleratioit fur us; it has no applica tion whatsoever to the cause before us ; it might be properly introduced in extenuation of pools!). meat, if his punishment were in question ; but it Can have nothing to du with an inquiry instituted to aseertaia his limit, upon specific charges, to which charges the statement bears no reference.— Various olilections have been made by the Char, eellor of the Exchequer, of a technical and pro , fessioivail e.; l tire, against the evidence produced kw (ore flat Hollow ; it Ira been stated over and over tigiffic 0 sone rrre totem's* essorepsorostiassissoestrialty uniele,it should be followed up; but what reason have they to conclude that toy Hon. Frit lid does not mews to follow it top ? In orderto spew that he has not abandoned his intention, it will be necessary to recur to the records. Speech is to he answered by sitecolt, end re' ord by record; unrl let me ask wise. titer there is any charge of corruption agaistatithe Doke of York continned in the records before the I !pose ?--Illear ! hear ! from the Ministerial side.) Now how dots the tine-awn stand .? The very first chorea of corruption is made by his defenders —(Urea ! hear!/ The It Mat Olt Hon. Oslo. stated, that if this. charge sere true, the Address did not eo to the necessary extent : that he had con solti II cooler hinds; that he had alunidomill the dictates of his invii ingenuous mind, and adopted the advice of those counsellors in preference. Now, tit all times I dislike such attacks.— I do not know what the Right Honourable Gen tleman means by those advisers of whom he speaks, and I cannot help thinking it unfair that my Honourable Friend should be attacked in u manner so unsatisfactory and inexplicable. pie Address, Sir, is such as I approve, awl 1 will tote for it ; if it does not go to the full extent of my feelings upon the sebject, if it is not such as un der all the circuinstancee of the case I thought sufficiently severe, em I, therefore, to olsject to it for its 'tation ? Can the Right Hon. Gentle man see no motive of delicacy to interpose ? Can he imagine no parental feelings too respectable end too amiable to be offended And shall I he told, that becetise the Address does not go to the full extent of the proof,he is justified is refusing to go even an far. With respect to the charges against Iris Royal Highness, I mean the charges contained in the speeches, fur they are not upon the record, I will trouille you with some remarks: the first ac cuses him or enabling his mistress to exercise au improper isilluence in the department of the army the second arraigns him of roniiiving at, and parti cipating in, those refits, which, by the exercise of that itifineure, she procured. Such are the charges ; as to the evidence resorted to for their establish ment, exception has iiceis taken to it by the imp°. rile side of the House. It is stated, that the bl iu dishments of Mrs. Clarke render one no proper and impartial judge. I ,dire credit to her testinmoycer. tinily; bat then 1 with state the reason why the other nerbt a Learned Judge attacked it aloof: the ground of her being an eccompl;ee.—(Hear! hear !J-14e said snch evidence ought not to be admitted, without the corroboration of other unim peachable tcstituony.—(A cry of nig !)—This was the sense I know its which I took it, and I believe.. if I were mistsken, there are meaty Members in Ilia, lloase who laboured under the sinmedisedvaatage." Mr. Hue roe, in explanation, said, that he had not disputed the competency of the Witness, lie only denied the credibility; he was of °pintos that it should be received, Ciotigh not credited. Lord Foutitntis:—•• I am sorry that I tails.. quoted thy. Hon. Gentlemen ; I mu sure I did not intend it. I will confers, however, that to my judgment there is litth distinction between credit. rug awl rec.iring a testimony. Why is it received but that it may be acted upon ? and when is it Mad epee but elm ie uredeted ? Bee. Jes I can • .„ .--:. • appeal to authority sport the subject. I will reed 7 to the Mouse what is at knowledged to tee law in sect* eases ;it appears (ruin Leeehe's Crown Law, a • that the Judges were of opinion that plies were cos:wets:lit Witneases."—(Hotta thee N.iisiber read the decision of the .te rite Judges, upon a case of highway roboery; tr.' d at the Bre/ • water Aasiees. eilaving Moine, I • quotation, he ptoceeded.) Sir, I wish to take O eafair. - advivatage, hail therefore thiiik it right 0 admit th:it 1 MU toll the not quite ex curete ; but rather mare favuural,lr to my par pose th ill r i really nught to•be. At all events, eves after inakini,allo•vani* for that inaccuracy, there is enuugh to esterilish't Ire 'Omission of the evidence of an eccomplice,chhich was the who for which contended. I could wish that the Right Hon. the Attorney-General hail teeu more explicit upon this poiat. I recollect opium:id of bis on a former occasion, which make tOr my priuciple ; it was ro specting the examination of a witness at this Bar. I do not mean to lay ally stress upon his pleaditeat as an advocate in the cause, but I recollect the reason he stated to me in justification of his opinion, that the evideace aim accomplice • should be admitted. lee said, that if theie testimony were excluded, all testimony what soever would be excludes; fur, from the circum stances of many crime., such testimony only . could he had. With respect to Mrs. Cleike a testimony, it was stated that she wits induced by such motives as cast a cloud over and defeated it. But when it appears that she was employed in buriliag all the documents that aught satisfy her revenge ; when it appears that the papers now be fore the House were only the remnant of than pockets she hail in a great measure destrayeil ; when this appears to your witilifiction, you mules see that there.are ample grounds to believe hits evidence. A i am not astouished that there are am • few charges, considering the IPpse of time, and thet lota of several papers. I win astonished that there should be so molly. It has been insionated all along, 41 a 'muggier not the must flattereig to we • lion. Frieud, that it was Mrs. Clarke who came • to prosecute ; as if my Him. Friend was put fur- ward by her. I deny that it was right to say so; • I assert that it wits the. verb reverse. My Ho- . isourable Friend ails poreiting those, inquiries long before he had any kisowledge of Mr.. Clarke ; it was manly patriotism arid vistue that influenced him to that inquiry, and lie pursued it through every obstruction. /Hear!/ Will Gentlemen, , tie . .l, 4 4ll+mi their own ennuis*. take upon item to " itronothice that lie is Mrs. Clarke's Willies*, and not that felra Clarke is his ? Hear ! Hear !) The • letters were supposed to have been burned, yet dre memitmed them iii the course of her evidence, at risk of being disbelieied; some things indeed she did forget, loot then she told you she forgot them ; • _ if she were a.conspirater, her till.. would hate been laboured with more art ; she would have recollected those tarcuentances respecting Captain Sanden, of which atm had profe.isel her. ignorauce. As to the letter concerning Major Tonyn,adie said, that she did noi recollect to have given it to any one; she believed that Captain Saisdeetelele it from her. I *Nasal to the- eimervetion which the House must leivirtiade upou his couthict, whether ht does not appear to he a man who would do so? I believe •42-uaescrimieteuee that she did not give it to hire : Inhere, alto. that it ache Dialee of York's writiug. This letter is said to be mysterious. I wonder how, after the evidence that hat come before es, it con be the opinion of any one that it is 1 forgery. The evideuee was of a most extrucirdivary nature, such as 1 evaluot think the Right lion. (lent. acting in his ine,icial capacity, would authorise the produc boa ot: • bit it is said that Mrs. Clarke has been guilty of coetradietions, I think gl4 in number; let us investepite this tact; in the first place we must observe that the I Inii.Geist.who discovered, neglect ed to elm aserate them; we twist therefore der red up. on our selection, and examiue those prominent 11lCeiusi,teluClea that strike our own refleetiou. One of these respects her request her to Colonel Knight that he would conceal the transaction from the I Duke of York, slit having contradicted herbed by stating, that such was not the case; now to this cue tratliction there is a very rev answer, namely, that that transaction happening 4 years ago might have been forgotten ; it is, I admit, highly probe. bible that she might wish this business not to reach the Duke's ears. through • third person—(Hear Hear !)••••!4.1 that the contradictiou is easily ex ( dui ed away, when it comes to he examined. Bet :drs. Clarke said, she was not at home on Tuesday. When I first offered my poor assistance to my Hoo. Friend in this busiuees, I had tart bias to make those hiquines which the case required, nail which, had I then known, would have been sufficient to account for the apparent contradiction. When the Right Hoe. tile Atturisey-General was examining Mrs. Clarke as to her family and husband, I thought he was about to prove to us that they were people of a low condition, but the fact was otherwise." Mr. PU.S.CESSI. objected to the lion. Member going into any detail of facts that had not appeared in evidence, and would nut be admitted to appear. Lord FOLKSTON I: cutstinued--A• forbear to enter upon the circumstance* which have coate to my knowledge, sr the !louse does not moat that they should be detailed, and apply myself to another point, the contradiction is her accounts as to btuuig, or not being, the wife of Mr. Dowler; hut though Nicholls has deposed :hat she wrist by that name, it does not imposer that she made use .4 that name in her negotiations. AnothCr contr.:- diction, that respecting Ellis, is urged, lout ae I nut not permitted to state what I know, I mast kite this charge without that reply which • I would other. • wise give. Another contradiction was, that '-he did not see Mr. Wardle the day before. But when it wee: remembered, that this 4tateruent was made mat the close of a long examination ; when it mei *fon considered. how liable those thiege, which we are in the habit of doing every day, are to painwithe out leaving esiy impression on the mind ; when these thing* are considered, we will be Ale to eetereive why Mrs. Clarke might have said she • did not see him. without any great • impeach- Is, meat of her veracity. Another contradietiors is sprint Colonel Knight : slit said that the ne gociation was going on with him aboet the asth July, when his Royal Higher," was goinc to Lord Chesterfield's ehristenine. She says thinks so from referring to The Guartie; and they.on amparing &ova, discoier no incuogru ;ty, watch . .* *