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

r alleged against him unfounded, that linuez found it neeessary to pronounce him innocent of them. Mr. TISRP4 EY expressed the greatest objection tos' any thing whatever appearing on their Journals, uprn the ground of criminality, 113 applying to the Duke of York. He considered the character of his Royal Highnesses a species of public property, in which all were interested, while that of every other man might be called mere private character, the preservation of which Hamer' theni%elres alone ; because his Royal Highness mi4ht, in the course of events. be one day called to sit on the Throne of these Realms. It followed, therefore, that if a charge of corruption should be establish ed, as might lw the event of their vote on such a subject, a bill of exclusion must necessarily fol low such a decision, as it would be a most mon strous 4.ye-sore to be governed by one upon whom such a tuark had been owe set ; and as he really thought nu such thing had been proved before them, he was wholly adverse to any resolution be ing proposed upon the subject. A very geueral impressiaii had been made upon the public mind, by their proceedings upon the last night. mi., was to hint a matter of wonder; yet still it had pre vailed, ultliough they had still much to do, and much to decide upon, before they came to a conclusion. 'Fite Right Honourable Gentle luau proposed to amend Ins Resolution, is if the ouly question fur their consideration was upon the guilt of the Duke, upon the charge of corruption ; but that was not the rattly considera tion ; his Royal Highness vial a public fluictionary, and he must stand or fall like every otlii.r twit viilicil, upon his general conduct in and situation. Ile ei,refore wanted a pledge, Riot something fur thei should be done than what was proposed ; would the Right Honourable Gentleman agree, that upon the various matters dist limed before the House, they bad a right to pronounce first . upou the question of criminality, and next upon the general conduct of the Duke in his character of Commander-iu-Chief. If he did this, he might remove much difficulty out of their wiry. This hue, however, he chose not to follow, hut ...anted to confine them to a final derision, by a *ample aye or no; and by so doing In' %las drnisi Gentleman into a most dilemma. and forcing him, for our, to lei,. thin s rui,st 'wilful to his feeliegs.— Of his Royal he thought highly ; he be lieved him generoos mid brave; but lie had other d3tirs to perform ti the public, and by which lie Vial bound to see that great public offices were filled by characters not only acquitted of guilt, but free from suspirin I. The Right llowinrable Gentleman said, lie %% Oval to incorporate his Re •Atitiou into his Addle , ', lint lit should recollect, that while the Rabbi: mind was torn by contend ing opinions, that liiinse was the only body not giving any opinion at :dl; for his part, though as little in the ha tits of being governed by the po pular voice as any man. yvt on the present oces -81011 lie stood in awe of the public op tttttt n, eti muds so as to be ash tuned to look his 11'011StitUellIS in the face, if' they did lint do more than was pro rm.!. The Address of the Right honourable Gentleman would go the length of serving to continue his Itoynl highness in he pre sent situation; and he hoped the House would bear this MII3IIIII, us the mu wti it encP of hits resolu tion. With respcct to the Dike of York himself, he must say he could not but consider lion as very hardly dealt with en the sitirject of his letter to that 11m M. ; this hail evidently come from the Cabinet. It was said to be drawn up by other hounds than the Duke's, and lie was sure it hail been written by weaker onus. Ile could easily conceive the Duke wishing to deny the ituinitation of guilt; but why was he not allowed to do soils the first iitstaisce ? The denial likewise. upon the honour of it Prince, he ecrially couiletsined ; the honour of a Peer was intelligible, and was admitted by common prac tice ; but the honour of a Prince, as taken in contradistinction, he could make nothing of. The mea kk Itt g of the letter seemed to hint to be, that the Duke was decoyed into it, merely to foniid the Address intended by the Right Rottman' ble Gen tleman upon it. He could not possibly conceive how the Hoke could condescend to remain in -.Mak office alter what hail passed, and yet that letter WAS mode the very foundation for that measure.— The latter pass.ige, likewise. of the fitter, was evi &oily not the dictate of the Duke, but that of some . •perud pleader, as if they had no other choice, bid either to impeach or acquit hutthereare a thousand instances to the can't ; i► fact, on. could cosily CulstVlVe ex r, where, with manifest guilt, it might be highly inconvenient to exhibit articles of im peachment, us.sersing Only to secure an a c quittal. Was there, then, no other coves for them to ninsue lie, for one, had no objection to their exercise of the inquisitorial powers ; they must lee lodged sonic where; and there were eases, of winch lie consi dered the present to be out. where it %taboo 'wiry they should be eilltri Lied, and sound disi:ietion was the rule which might to guide thew. If they were to be his last words, he would say he did not coi.sidear the Doke of York as guilty of corruption; hut then he would ask. was it fur His Majesty's Mi nisters to force them to a simple aye or no opou that question ? Thee might succeed there by force elf a majority ; hut even the., they might trod names on time one side that would virtually out weigh numbers nn the other. The Right Honour able Gentlemen will not he satisfied without supposing there mists no doubt in the cave ; 110 W,• though he, in his own mind, entertained no proof of actual corruption, yet he could by no means go the length of snying, hr eider famed no doubt of any misconduct. He there - fire wished, from a principle of feeling, the House would adopt the proceeding by way of address, as he could nut agree to a resolution Foists( merely to the question of corruption or cruuinality. It was neressary to satisfy the public mind that the mat. ter itself was not closed, but only the form of their proceeding disposed ob mid winded security that the Rouse should have an opportunity of discussing so:nething more besides the mew question of ; sod was anxious, that haying d ! with th.! 1)04e in his Royal Character. they should meet the quest . by eon.itlerits . g him simply as a public functionary. In this poiut of view he would agree in doing ample ;ti,tice us to it military merits; that his regulations were good. and that Isis attentions to the busiounis of the service were highly exemplary and meritorious ; but still be would be of opiaive be could no: remain tvhera he was ; the milder the means used in effecting that removal the better; but he thought it due to that House, that the public should know his re moval was ow iug to them. In fact she we decided ly ofoinnion his Ito . at Highness should have resigned long since. The case of the Dukeof Marlborough was in point. The Committee of that House hod reported that the Duke, in Ins character of Coinniander-iii-Chief, had ii npropevly put 3,0001. into his pocket ; and lal t h e I louse CO gto the determination of taking that report into consider ation, the Queen had, in the first instunce, imme diately removed him from his station, in order that their debates might be perfectly impartial, and un biassed by the weight of authority. Nor could any one say there 011 b ally thing of injustice iu such a proceeding ; because, on the event of acquitted, he might be restored again to his situetion. With a ricer, therefore, to sonic such proceeelings,he Wish ed the House, having reviewed what had passed, would be of opiniou, that some further ineabure. were necessary.—The Right Honourable Gentle man, after outliving the House to reject the Ail dres3 that was proposed, now wanted to withdraw hit Resolution ; and yet, if he were now to pro- POW, us he might do, to restore the Address, in the room of his Rewilution, he could not but be lieve there world be a 1111101 larger diVlllioll than 181 . 01'e ltWlillbt the Ri4lit Honourable Geotleinaii, awl lie was almost tempted to take the sense of the Ilooin.e in ion it. Mr. Ileac:us Barmiest . could not conceive why, when the public were under it mistake, the I louse should not clear it up liy consiog to some'specilic conclusion. pled view wonlel be fully Answered if the resolution were permitted to be withdrawn, and then he iutAt lie aliowed to introduce the pro position lie had hefore submitted to their etuiM deratiou. The Right Hon. Gentleman (Mr. Per coeval) inste al of the etnase lie load taken, might have negntived the Addre.:ss with the view of offer: ing another iii its room; but if he were allowed, he should have to move a Resoleition, ao which any Amendment might be offered which was thought expedient. Mr. Ilsititalt could not firing himself to agree to either of the Addressee; although he would rather do all open injustice by the first, than, as it swere, to stall, with a smile on the fame, by the second. His Royal Highness might be free from all imput ation. of either corruption or eounivence. and yet be guilty of misconduct; I therefore be con ceived it wits impossible fur t hem not to go further ; should they ensue to a resolution that ite mo longer possessed their confidence, it was bat just he should have Ull opportunitrto retire; but au address, con trasting the Father with the !ion, he ronsidercal as • most unhappy thought. Ile conceived the limper courselor them to take, would be to express their opinio' that corrupt practices existed: the next. in lieu of the Right Hon. Gentleman's proposition. %%mild be, that the House was of opinion flint the Duke of York either participated or connived at such practices. and that he hail permitted corrup tion to exist. by the cotineetiou lie hail formed, to the injury of His Majesty'. Land Forces, and to the scandal of his subjects. Mr. Cease' RIGHT 18841 a few words, in which he declared he could make 110 distinction between connivance mud corruption. Au Honourable Member whose moue we could ant leans, expressed I ri s revalues@ to req i nit the Duke of those eteargea, but yet thine: lit the House hound to express their further scare of the Lepel sineas, and that could be best done in the form of Resolution. Lord WILLIAM RrSitif.r. atrreed it was a devious thing t* decide en the conduct of a Personage so nearly allied to the Throne ; but his objection was rather to the time of doing so. lie cesoceived it had been proved, that muses did exist ; and though some gentleineu etlireeo, d their convict ing without trial, yet they were called uj.rnl to'pro notince aye or no. His Umiak'', professed him self a friend to the good old pract.ce of that liouse, which ass, ulways to inquire into the existence of grievances, isefore they proceeded to grant the sup plir‘. Yet wham threw werr in the present instnuce proved to exist, they were called an to do jusiiire to the Doke as a pa taniatnit duty ; but sent there, as they were, for the people, was there any subject, however e&alted, that had any paramount claim on eiein in particular more than another JAIIrs HALL thought that the information the House had as yet received upon this subject 18 a, not sufficient to justify a decision as to whether his Royal Highness the Duke of York was guilty or not guilty; and therefore he could not assent to the Motion which had been proposed by the Right flan. the Chancellor of the Exchequer. Mr. CIIARLES ADAMS spoke against the Motion. Mr. I.O4:KHART said, that after the moat isecti rate and attentive perusal of the evidence, he twat soy, it did not warrant any charge of corruption, participation, nor connive:we in corruption, He at the same time thought it indispensably necessary that the House should come to Some further re solution, in order to do justice to his Royal High ness, as well as to the country. as far as the evi dence went. Sir WlLitcst (merit observe , l. that nothing conk, induce him to vote ally censure 111/011 his Royal Highness, as he could not think him guilty awl corruption nor el:omit/num whatever ; but at the mine time ha thought it . proper the House should come to* resolution of aye or ... a s to whe ther or not the accused was guilty of any cor ruption. Mr. MARK Woop expressed his sentiments as to the propriety of the liouse comm. , to smut re solution as to the criminality of his Itoyat High ness. Mr. MAURICE FITZGERALD thought, that, from the complicated nature of the question, there must necessarily be considerable ambiguity abo,it the most proper mode of proceeding. He was net in clined to vote for both of the Addresses, in all their points ; but if he did do so, it was upon the ground that something else was to follow them. There was no individual who had less connection with the 'Royal Family than he had ; but lie way bold to say, that there was none 5..0 concurred with the Itle• jority, who could entertain a sentiment degrading to that family. It had beet& said, that any resolu tion of a contrary nature would amount to a Bill of exclusion, but he could not bring himself to think to. Ile felt much inclined to give his vote upon some specific Resolution, one way or another, for • 1 it was highly consistent with the p t ivilea.es and authority ot that House, that they should coin to some Resolution expressive of their judgment ; but it was certainly Mc/Insistent with the regulatity of their proceedings to call in the authority of the Crown in the discussion of such a question. If they had at heart the interest mid feelings of the Sovereign, they should see the necessity of decid ing this question, withuu involving His Majesty in any opinion whatever. Ile thought the pi(weed ing by address would be preferable to tiny Re solution whutever ; because, however much they might be disposed to avoid c g to any deca -1 sum at all, yet still they must look to public Lopiniott in regard to such a great and popular question, awl the couseopience likely to arise fruin their deeisinii. He did really lament that Ills hlujesty Mieisters had thought proper ; not to agree to the original mode of prot (lure pro . peewit by the Mover of these charges, in regard to the evidence produced ; for instead of that, they had mideittly as 1011 tell a music most improper, and tending inure to ag,itate the public mind than any timitiry that could hate been but on foot. priwral Egaouson said, he *lmola ever concur in the applause and eucomutnis that had been be sillt‘ ell 1111011 his Hot al Highness, for the benefits he had conferred epee the army ; anti feeling the many personal favours he had enjoyed from that !nostrums Perionage, it was w ' !h heartfelt regret lie had been obliged to give a vote against him.— Every personal costsideratiou, however, mint be overcome by their sense of duty to their r unhti thetas and he must state his opinion to be, that his Royal Ill4liness had been eery incorrect mid culpable; and, therefore, he could not conceive that lie could ever retain the situation he now held, as Cos 1111 l and( r-isi• Chief, either with restiefaction to or advantage to the country. Lord tics RY l'erry said, it seemed to be mostly agreed upon, on all sides of the House, that the elution which had been proposed by the Right Hon. Gentleman opposite, was, under all cirentn 'tenet's, most objectionable. The only difference of /JIM on now existing, was us to the wiener in which that Resolution, formerly suggested, should now be disposed ot; or, as to whether it should be entirely withdrawn, or negatived. The plan that eught now to be adopted, under the special circumstances recognised in this case, was to con fine the House to such considerations as would not confound themselves with others already implied in their proceedings. He was one of timse that thought no such Resolution as the one now under discussion ought to be adopted, for there should nut appear upon the Journals of the House any provolone.' that would recognise the epeeist cit e tances of this case. It was most essential that no official character should be recognised, fur the House should see nothing but what was inci dental to the duties of the office; and therefore he was ;inlet anxious to guaid against any such pro position as had now been suggested. Ile could see NO objection to the motion being withdrawn, hut still he thought it would be must satisfactory to the country that it should lie nog:dived. lie hoped the Right llonotinible lleistleinati who pro posed it originelly, would see the propriety of net pressing it upon the House. Mr: Cairns Will a few words upon the general nature of the question. iii justification of his Royal Highness the Duke sat York, Kir JUHN Mownnsy said, he hart never received ally favours front his Royal Meatless, but lie could nut help thinking that if the army were to lose hint as Commander-Ili-Chief, it would 'anemia.c a lots almost iiveperable ; ussy resolution therefiore that went to justify his Role! Highness in the eyes of the public sheathd have his support. The Cii.exestLott of the FectiralvEß said, that as it appeared to lie the pleasure of the House that the. noel lie had sit first suggested should be withdrawn, lie felt no inclination to preas it upon them. r such circumstances, tlwrefore, in stead ot wishing pertinueinutly to press it to a ne genre. he should :dhow it to be withdrawn, for the purpose of proposing an amendment. The motion at line proposed was then withdrawn with the concurrence of the House. The CIL% u tei.t.oaolthe EXLIIEQIISR then add ed, that he should propose to the Homer, the Remo- . lotion, which, under existing cficumblances, he thought the I louse ought to adopt, as expressive of the guilt or innocence of his Royal Ilighnest. In recommending it to their notice, he should make hut a few observations, as the mutter had been al ready se fully discussed. He meant in it to adopt some of the suggestions that had been thrown nut by others in the course of the former (Ideate, and to express that there were no animist, in the evi dence for charging his RoyarHightiets with cor ruption or connivauce in the corrupt pivotals that had existed, in the execution of his duty. Ile did this because he thought it would Ire reach do ing an injury to time Duke of York to con vey even these favourable sentiments in the shape of an address, instead of a resolution. It by no means appeared, that any want of unanimity upon such u resolution would be as cribable to its being the mods of expressing the sentiments of the House, instead of sill address. At all events, he, for one, would not wish to pur chase unanimity m y na those terms, in the acquittal of lois Royal I ligliness ; for he thought he should not he doing his duty to the public, if he did tint bring the matter forward in terms of the utmost distinctness, so thut there could be no doubt as to the men ll ill g of what WWI intended. Ile saw no reason for imputing any knowledge what ever of the corrupt practices of Mrs. Clarke to the Duke of Y.wk, and therefore lie did not think lie would he doing justice to Ins Royal Highness, if lie did not propose to the House such • Resolution, as clearly and distinctly ac quitted him of all knowledge of corrupt practices. Ibis opinion was, that after the House had first dis posed of this question, in the way of Resolution, they might afterwards take it sip in the way of Ad dress, and it. was even still left open to the blouse, , if they toiought blarue did annuli toils Royal High ness, to propose Lis removal, if they deemed it netts. sary. There was, therefore, iso iiiconsisteney in his it:wooing this matter for their adoption ; first. in the mode of a Resolution, instead of MI Address, for lie did conceive it absolutely necessary the House should express an opinion as to corruption, or con nivance at corruption; as *nth crime's were evi dently coutained in these charge's, and co criminal • proreedhig nor tral could be instituted without scone resolution Of that tiettfirl'. It'u:as not fur him to censure the "concisasiorr the House might come to, nor did he isterattf eutrap the House into u course: of proceediil with which they did not stein to concur. As to the question of the immoralitv of the case, that might be made a matter of subsiejuent cousideratom, according to eircum stanees. Upuis the whole, the House "ore left at perfect liberty, even after passing all the Re. solutious necessary upon this subject, to propose coy Address they- chose ; but as to soy motion of removal of His 'toys' Highness from the office he held, that appeared perfectly out of the question. Ile c :erred emit it was, continued to the 141tIVISC• tUtil of o-ery one, ou both bides of the House, that the persou a host cotldurl was the subject of in y, ti ny, hail, for no less than IU years, tilled the inua illlpoi toot office of Commander-in-Chief, with mule 'lotions mid credit to himself than utmost any put ter s:.:rvaiit whatever, ud therefore au officer w Ito lisel 'lime so mita, ought not to lie so much pressed, u, 10 , hardly itli, fur it was surely most desirsiH • r that lie should return to his situation. 'that his Ito ...1 Highness might be superseded be did not deny, he had certainly trained the AJili es, tittle a ties of retai 1111 l g it. If, however. such a iesolution co Mil he adopted, as would 1 4 XIITPss 111 buff eleutly stroii language, so as to imply eyesore, should the House still think that any severity were necessary, such a resolutioa might pin bably supersede the necessity of oily addrew, and equally attain they object to be aimed tit. The Right Ikiwi.rable Gentleman then coot:haled soli moving. us un amendment to his ougilial motion. That it is the. opinion of this blouse, that after the fullest and most attentive considers two of the evsience reported to the llouse, by the Committee of the whole House, appointed to in vestigute the conduct of his Royal Highness tie Duke of Yolk, he said evidence milord& ro ground for charging his Royal Highness, iii the es emitiou of his official duties, us teisiniander-ii.- Chief, with any corruption, our with 4:11!11•IVa:u e at any practices that are disclosed therein." Mr. LYTTLETON said, he felt disposed to tin ample justice to the spirit nod motives which a, tuated the Chino :rhos of the Exchequer in Ming ing forward this question iu the 'simmer wow supt ;;ested. He made no doubt he (Mr. Pereeval; felt conviticcd it sus incumbent upon him to pur suit upon the Home to preinotuice a senteilee wf complete acquittal or the Illustrious Per:soh:iv at cubed ; but it appealed there was an iseconsistemy in such a course oi . procedure. It would appear that it was not time custom of that Hoase to pro. nounce any decision that tended to defeat subiw. quent proceedings. He might refer to precedents in the turbulent and unhappy Jeep of ch.ries as appeared upou their Joinuais. It was thew evident, Matto those times there was uo necessity of coming to such a decision as that proposed.by the Chaiwellor of the Exchequer, for it was deemed a mutter of policy and discretion, whether the house should proceed by Address or by Resolution. lie entirely agreed with the arguments and sentirathis urged in the course of the late di late, us to the esteem in w:tieh w Prince of the blood ought to be held ; for he thought that the character of. a Prince us% in the eyes of isesolsiod, the ..iiiiriteter of the nation itself. it was utterly impossibk to separate them ; 101' their glory or their disgrace was mutually telt. it was impossible in the messy% iustance out to see the criossuality of the Prime. In his opinion, the clisrges were fully made out from the evidenec befehe ibruse; which, if not he every point of view actually the hest, yet enlist be owned to teethe:best uhich the nature mad carcutostrintesof the case would admit. That evidence had been cor roborated by collateral roofs, sad followed up with the actual confession of the party accused, ler his hated and seal. , Suet. was the sentiincio he had formed, and Its could 1:ot see ally reason to change that conclusion he had at first formed M. this subject. Tl.e wituesses were evidently such as might it induced to speak the contrary of shirt they had actually deposed. Ile could not ogre. with the argument that had hrets used, as to solar trifling prevarication vetting side their tiiitiniciii,s; for he must say, that even in the course of tar vas ricatioa, they a ere 'tram: ly corraorati Although he could not hut (MU that les Ho ' al flightless had reudeved services to the army ; )tt it was well kuovvu that inideace of character sat good for nothing. except in the euitqpition of piis iiishisient. It was evident that great suspicion Um- Udall to his Royal Highness, and therefore the Resolution they should come to ought to be one by which the House might out cnismot itself a ith re gard to insiocesice t wkru perhaps there might be oc clusion to resolve afterwards operant' impeachment. The Ilion. Gentlemen concluded withespressing an intentioil to dissent from the motion proposal. Sir IinMAS Tt'Uto,l thud tiot*ltlo.truidin.4 the time this subject had occupied the attention of the House, nothing hod yet hero done; MA it would appear Us if no ing were meant to be done. A Right Hon. Gentleman hail said, that he believed the Doke of York comely innocent of the charges ,imputed to him. Ile roussileved it their partiCular duty to speak their sentiments plainly; therefore if the 110,;!it Hon. Gentleman did think the Duke of York innocent. be highly approved of his declar ing so publicly. He felt it his duty also plainly to declare his sentiments, before God and the eoutitry, and acknowledge, that he believed his Royal IF;-)-- miss %NS guilty of corrupt practices, and ha should Consider it dastardly in any ... to Atsirlaiin his sentiments. The words " Fiat runt, culotte," hr considered eompletely appli cable ei the present case. ibis Royal Highness's , conduct was now brought to the test, to die " Aye. or No." Let Gentleiuru declare themselves so. that. when they go home to tlww closets, they may approve their judgments; let them lay their bands on their !warts. and obey the impulse; let them so express their beliefs at: will justify them to their constiments..—ln the course of the ilisctiwoon he had heard it imitemied, that no guilt mooched tii hes Koval Highness, where lie heal no kriowledee of the crime:soil that a knowleoge of what rill going on was no COUNliValleC. The Ron. Ihironet stud Ire knew of no such disfinetio a. ; but firing couvineed that the Duke of York was guilty, hr should move as au Amendment, that all the word• fallowing the words ' 4 to !deuce attorits," iu the Chancellor of that Esehegorr's motion, shatifil let omitted, and the words grouotl to charge lia Ro km Inc tint tic cull ht! th 4 WI tip• DI : bi • 1 1111