The National Register.
London, England, 1809-03-19 00:00:00

MARCH 19.

General Gust; 71 said, with feelings of gratitude to-
wards his Royal Highness for the many marks of personal fa-
vour he eaperieuced of him, it. was ant .without the most heart-
felt regret he was obliged to ;Ice a -,nste of censure on that con-
duct, to which, otherwise, he could bear ample testimony of the
most merttornaus sc t vice to the army and the country. But. on
aqtlest ion Itke this, every feeling of private consideration must
yield to public duty, and he should conceive himself unworthy
of a seat in that house, if he was influenced by any other
motive than a faithful discharge of his duty. After a most
careful ierusal of all the testimony of the witnesses, and a
close examination of the various documents on the table, the re-
6111t of that consideration has been, that he was of opinion that
his Royal Highness's conduct had been extremely culpable.—
Heavy guilt rested upon him, and until that guilt was disproved.
he could not say that the Commander in Chief could hold that
situation any longer with comfort to himself, or satisfaction to
the public.
The CHANCELLOR of the Exerttountt then rose for the
pnrpose of moving his resolutinn expressive of the opinion
of the guilt or innocence of the Duke of York. The evi-
dence atforded no ground whatever for thinking his Royal High-
ness guilty of corruption in the execution of his duty ; nor had
there been any ground made out for attributing to him a
connivance at corruption. He certainly was not prepared in
framing his resolutions to meet the particular views of each
Gentleman respectively on this question. Indeed he did not
conceive it consistent with what was due to the Duke of York,
and the duty lie imposed upon himwlf, to couch a resolution
which was to decide upon his guilt or innocence, of the charges
attributed to him in general or vague terms ; his object was to
bring the house tti a decisive conclusion Upon this important
branch of the quest ion, and leave such other remaining grounds of
complaint as Gentlemen might think proper to ground a proceed-
lug upon for seine other course of deck,lon. With respect to inno-
cent connivance, which a right hon. OPntleman (Mr. W indham)
attributed to the Duke in the course of the debate on a former
night, namely, that kind of connivance, on his part, which did
not constitute that degree of knowledge of improper traffic in
Military Promotions which could be called criminal connivance.
lie would now only say a few words with respect to the present
mode of proceeding by Resolution and Address. Ile had before
stated, and he would again repeat it, that his principal object in
proceeding by Restitution, was in order to determine whether
there was ground for proceeding to trial. if the Duke of York
should he Anoka guilty of corruption, or of grave suspicion of
corruption or connivance, then upon a Resolution to that effect
being entered upon the Journals as a distinct opinion, the house
might address his Majest) for a dismissal of the Duke, or for an
impeachment before his .Peers. This then. he conceived to he
the most regular course that could have been pursued, to avoid
all the inconvenience of Address in the first instanced The
right hon. Gentleman concluded by moving the following Reso-
lution—" That it is the opinion of the house, after the fullest in-
vestigation of all the evidence laid before them by the Com-
mittee of the whole house, appointed to investigate the conduct
of the Duke of York, that the said evidence affords no grounds
for charging his Royal llighness, in the execution of tis official
duties, with the personal corruption alleged against him, or of
any connivance of the practices therein specified."
Mr. 1.1'11'1.17,T0 N thought that the Motion of the Chancellor
of the Exchequer was founded on an imaginary right, and that
he ought not to enforce it. That to decide whether the Duke
was guilty or not, were to sentence, instead of merely pre-
paring the way fur it. Any man who took an impartial view of
tie evidence which had been unfolded during the frequent e afn
t-
nat ions that had taken place,"would think the charges had taco
fully substantiated. Toe). were not proved by the forre pr w-
pm:cots, the thunders of eloquence alone, but by a milli
ittlieits
of corroborated proofs. Amongst the latter was that o loch
ranked next to the confession of the accused, his hautl-wrtiog.
The honourable Member then alluded to the regulations of toe
Year 16SO, when it was ordered that no Member of the House
of Commons should accept any otlice, or even the promise of a
place, v. ithant vacating his seat. He certainly would be sorry
were not Ministers allowed to keep their seats in the goose,
in
order to be able ta explain the motives of their conduct, and
answer for its con.equeuces. tut he could not refrain from
thinking that imparti t y would be more likely to tix tic abode
in Saint Stephen's Chapel, wire none but placeless. Members
there. lie had to thank an hon. member (11r. Canning) whom
he did not perceive in the hous?, for a delicate allusion to an
anecdote relating to his great gsandfather. He however thought
It unfair in that Gentlemau to wage war With weapons, which

lBi

were certainly unequal, since he had looked over the Line- of
history, and also tradition, in vain, for an account of his an-
cestors, and their deeds. The country hung with x
swfience on the issue of this important business. The in-
terest which it had excited, pervaded every chess; it formed
the theme of every conversation. And/should so many proofs
have been exposed, so many examinations hav‘.• taken place,
unit so many debates called forth the eloquence of Parliament
for to other purpose but to produce a shameful vote of entire
acquittal; how low would he the humiliation of the house !
how omnious would he its degradation in the public estima-
tion! If the decision, and be apprehended much it would
he Fo terminated in the acquittal of the accused, what security
does there exist for us ? The lion. Member hoped better of the
wisdom of the house, and sincerely wished it might prove, by the
vote it would give, that it imitated the conduct of heaven, which

is no respecter of person.
Sir Too As Tu wro also regretted being compelled to give
a vote on the question of guilty or not guilty of personal cor-
ruption, or spotless innocence. No alternative now remained.
Those who might have thought him culpable, merely because he
bad not checked the hands of guilt. without participating in its
advantages, and who would have voted for milder proceedings,
were now obliged to declare him guilty of the whole of the
charges, or acquit him of every accusation laid against him,
against their own convictiou, and their own coo,icieuce. It he
were acquitted, the nation would say that Parliament had done
nothing-, and he even now much feared that they would say they-
intended to do nothing. Before Cod and his country, he
declared it was his firm opinion, that the Commander in
Chief knew what corrupt practices vvere c;.i.rried on t having
that conviction impressed on his mind, he would be an infamous
dastard if he shrunk from the acknowlolg.,,ent of it. Let
any one who should do so repair to his constituents, inform
them how he bad voted, and ask them whether he had done his
duty ? He was not, however, willing to degrade any man.
even in imagination, for he hoped it w mild never he realized of
any member that he should be capable of such corrupt servility.
Mr. DICKIN SO N supported Sir Thomas Turton s Ammend-
merit.
Mr. Fut,r,ra defended the Duke of York, and thought him
one of the
,finest Generats England ever had. lle would net
give his vole to punish a person on suspicion. lie was not
afraid aids Constituents.—If there %vas a di:-solution of Parlia-
ment, let them try him again ia the shabby manlier they had
done, Ile finished by ex pre.sing his love for his Country, and
exclaiming,—" If there is any man tt ho does not like England,
damn him—let him leave it ! !I"
Lord Mortre'ru expressed his conviution, that the charge of
corruption and connivance was not so clearly and satisfactorily
proved as to enable him to pronounce the Duke of York. guilty.
(Bear! hea, ! font the illinisterial Benches! )
After a few words from tlise Chancellor of the Exchequer in
explanation, Mr. .Sti inner, Mr. Wil he rforce. and Lord 1! enry
Petty, to whom the Chaucellor of tit:. Exchequer replied, a cot:-
versation took place between Mr. Whitbread, Sir J. Pultenry,
Sir Thomas Tullio', Mr. Yorke, atria Mr. Canuimug,
w Iwo the
question was vociferous! y called for, and the house divided;
first, on Sir Thomas Turton's Amendment,
Ayes, —N oes, :lA—Ntajorit v, 199.
The next division was on the Chancellor of the Exchequer's
second Resolution,
A vev,(i7S—Noes, hl6—Majority for the Duke of York S.
Adjourned at live o'Clock.

The Caledonia, Tonnant, r;o:is, and Bellow', with
several frigates and sloops, under toe e ammand of Lord
Gambier, arrived ofr. Roche fort on the 7th. There is no
chance of getting otr the line of hat:!e ship which ISII4
driven on shore. Our .of the friza.tes ih .t went on shore'
has,got oti, and is rrtitting. L'riatienne, La Calypso, and
Le Terrence French frigates, are v holiy destroyed.
At a Court cf Common (unlit 3 held on Thursday, the
Court proceeded to co,isider a report trop the Committee
of City Lands relative to Smithfield Market, and ordered
the Committee to proceed in Parliament to obtain an Act
for its removal to the Spa-Field, t'eloaging to Lord No, th-
ampton, or to the Field adjoin:Lig 13:tpig.4o. Wells, beloag-
ing to Lord Caithorp, or some Other 1.14:e necessary tor
making a suitable and commodious Market, with instrue.
lions to the Cointnii.fre to obtain the City's rights and pri-
viieges to be extended to and over the same.

I


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MARCH 19. THE NATIONAL REGISTER .187 - •
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cent:qui FE/I GU St: N Said,
with feelings of gratitude to- were certainly unequal, since he had looked over the poses of
wards his llosal Ifinhness for the many marks of personas ea_ history, and also tradition, in vain, for an ;aroma of h;s an- . .
.
. ,
your he experienced of him, it. was not without the most heart- cestors, and their deeds. The country haws with mixious
", )!i
felt regret he was obliged to ;Ice t note of censure on that con- !.tvtience on the issue of this important business:. 'Pie in-
duct, to which, otherwise, he could bear ample testimony of the terest which it had excited, pervaded every chess; it formed • •
most meritorious sir vise to the army' and the country. But. on the theme of every conversation. And/should so many proofs
a qoestion like this, every feeling of priv;sie consideration most have been exposed, so many examinations have taken place,
yield to public duty, and he should conceive himself unworthy tool so many debates called forth the eloquence of Palliallitla . .
of a seat in that house, it he was influenced by any other for co other purpose but to produce a shameful viol? of entire
motive than a Faithful discharge of his duty. After a most 'acquittal; how low would he the humiliation of the house ! , •
careful oerusal of all the testimony of the witnesses, and a how omnious would be its degradation in the public estimis-
-1 l -,...
close examination of the various documents on the table, the re- fiat)! .If the decision, and he apprehended much it would
full of that consideration has been, that he was of opinion that he so terminated in the acquittal of the accused, what security
his Royal Highness's conduct had been extremely culpable.— does there exist for us ? The Hon. Member hoped better of the
•
Heavy guilt rested upon him, and until that guilt teas disproved. wisdom of the house, and sincerely ss kited it might prove, by the i:.
he could not say that the Commander in Chief could load that vole it would give, that it imitated the conduct of heaven, which
situation any longer with comfort to himself, or satisfaction to is no respecter of person?.
the public. Sir Too NI A s Tu RTO N also regretted being compelled to give
The CHANCELLOR of the Exeritiountt then rose for the • a vote on the question of guilty or not guilty of personal row-
porpose of moving his resolutinn expressive of the opinion ruption, or spotless innocence. No alternative now remained. it
s ,
of the guilt or innocence of the Duke of York. The evi- Those who might have thought him cuipanle, merely because he s
deuce atforded no ground whatever for thinking his Royal 'ILO- bad not checked the hands of guilt. without participating in its
ness guilty of corruption in the execution of his duty ; nor had advantages, and who would have voted for milder proceedings,
there been any ground made out for attributing to him a were now obliged to declare him guilty of the whole of the ~
• • connivance at corruption. He certainly was not prepared in charges, or acquit him of every accusation laid against him,
sagainst their own conviction, and their own coliscieuce. If he
lframing his resolutions. to meet the particular views of each
Gentleman respectively on this question. Indeed he did not
conceive it consistent with what was due to the Duke of York,
and the duty lie imposed upon himself, to couch a resolution
which was to decide upon his guilt or innocence, of time charges
attributed to him in ;Faecal or vague terms ; his object was to
bring the house lei a decisive conclusion Upon this important
branch of the quest ion, and leave such other remaining grounds of were acquitted, the nation would say that Parliament had done
nothing:, and he even now much feared that they would say they
intended to do nothing. Before God and his country, he
declared it was his firm opinion, that the Commander in
Chief knew what corrupt practices were corried on ; having
that conviction impressed on his mind, he would be an infamous
dastard if he shrunk front the acknowholg.sent of it. Let
complaint as Gentlemen might think proper to ground a proceed_ any one who should do so repair to his constituents, inform
lug upon for some other course of decision. With respect to inno-
cent connivance. which a right hon. Ginitleman (Mr. Windham)
attributed to the Duke in the course of the debate on a former
night, namely, that kind of connivance, on his part, which did
not constitute that degree of knowledge of improper traffic in
Military Promotions which could lie called criminal connivance.
He would now only say a few words with respect to the present
[node-
of proceedi
stated, and he wot
there
was
grouted i''ld ao
proceeding
should he t
'
i esol Resolution nod Address. Ile had before
•
,sain repeat
ution, was i it, that his principal object in
n order to determine whether aft
for proceeding to trial. if the Duke of York me
mod guiltyof • •
corruption, or of grave suspicion of dm
c4oerinrt,tzpetiiiitienretbirY ltn'r
connivance,by then upon a Resolution to that effect
mignit d u
impeachment lion the Journals as a distinct opinion, the house
address his Alajest) for a dismissal of the Duke, or for an
before his Peers. This then. he conceived to be
the most regular course that could have been pursued,
e
;
1
exc
Mr. Fut.r.ra defended the Duke of York, and thought him
his V
kid ell
Inert, let
ie, lit
tole to
is Const
them
. finishe Liu
itii
try I
daiminff —" If t
ny
dalllil him—let hi
all the inconvenience of Address in the first instance. The (Hear! ketv! .
right hon. Gentleman concluded by moving the following Reso-
lution—" That it is the opinion of the house, after the fullest in-
vestigation of all the evidence laid before them by the Coin- tgniiiitt:.N.nniitr.LivicliceibiNtbdovNottlettili,wftt)tirdteadsksitrheTmhowinhzeoth,erruriti(embsadAddounneehiai:
duty ? He was not, however, willing to degrade ans• man.
even in imagination, for he hoped it would never be realized of
aov member that he should be capable of such corrupt seta ility.
one of the finest Generals England ever had. lie would not
ietinstls).—a person on suspicion. Ile was not
If
kiln ags in three
•ess
d by ex pi
here is toy man
m leave it ! !I" us as a di:-solution of P:trlia-
ia the shabby manlier they had
he, his love for his Country, and
vs ho does not like England,
Lord Monrcza expressed his convirtion, that the charge of
corruption and counivance was not so clearly and satisfactorily
to avoid proved as to enable him to pronounce the Duke of York guilty.
f ma the illinisterial Benches! )
After a few words from tlise Chancellor of the Exchequer in
explanation, Mr. Sitsmillter, Alr. Wilnerforre. and Lord Henry
Petty, to whoop the Chancellor of tit:. Exchequer replied, a eon- . • ,
s.
.
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mittee of the whole house, appointed to investigate the conduct versation took pl,on between Ali. N% bolo-tad, Sir J. Po.' woe-
.l t , :r
of the Duke of York, that the said evidence atfords no grounds Sir 'Flonnas Z' p 1
Air, Yorke, ana Mr. C i anumg, s% hivn the
.':'
for chargiuss his Rosa! Highness, in the execution of ~IS official question was Airy cork for, and the house divided ;
Is-
ditties, with the personal corruption alleged against him, or of first, on Sir Thomas Turton's A memlutent,
any connivance of the practices therein specified." A yes, IYS —N oes, :-t aj oil tv, 199. .s. ,i.
The next division was on the Cluisicellor of the Exchequer's I ... '•
Mr. leYrri.ETO N thought that the )(lotion of the Chancellor r, st
.
toe,
of the Exchequer Iva founded " lot i s nary right, and that
mari second esolut
Ares,‘SlS—Noes, 'o6—Majority for the Duke of York S. .' ; N
he ought not to enforce it. That to decide whether the Duke, • -
a i‘
was guilty or not, were to sentences instead of merely pre- Adjourned at Five &Clock. 1
~.. /
paring the way fur it. Any man who took an impartial view of ..................... s
io .s
tiie evidence which had been unfolded during the frequent e siosi- The Caledonia, Tonnant, Hies ronts, and Bellow', with
.
4111. SI. 9
n:mt ions that had token place ,"would think the charges hod lola se, sterol frivates and sloops, wider toto command of Lotit
e, • .
fully substantiated. 'friey were not proved by the forst. era,- -
Gambier, arrived ofr Rochefort on the Ilh. There us Illf
gninents, the thunders of eloquence alone, but by a mid; i ill kit v . .i S
i chance of ,rettinn• •oil' the line of hat:le ship which ISII4
t, !'
of corroborated proofs. Amongst the latter was that vs Isist
amen on shore. One •of the fro,-files th .t went on shore'
ranked next to the confession of the accused, his Ittiutl-wrAileg. is ..
The honourable Member then alluded to the regulat items of toe hassgot, on, and is rvtittiqg. Vitatientic, La Calypso, and
• Near 1630, when it was ordered that no Member of the House Le Terrence French frigates, are v holly destroyed. 4i
of Commons should accept any otbce, or even the promise of a At a Court of Common I. ount 3 held on Thurselay, the
• .
!place, v ithlot vacating his seat. Ile certainly would he sorry
1 1/4 Court proceeded to c0,,5i0,.T a report trout the Committee
i
I ~:,,,,,
were not Ministers allowed to keep their seats in the house, in of CON' Lands relative to Smithfield Market, and ordered
oftl7l,,ewrf.rtof,tre able to espial,' the motives of their conduct, and
s consequeu
thinking that imearni di
in Saint Ste{ .es. But he could not refrain from , its
ty would be more likely to fix its abode
,hen's Chapel. were none but placeless Members the Committee to proceed h.: t aroanient to ohtwn an Act
for removal to the Spa-Field, heloagibg to Lord No,th-
-•
. . ,is {:I • • •
aropton, or to tilt, t i... 1.1 adjo.u.o., Bagssigze. Wells bele. o•
. , alt..'
in" to Lord Caitliotp, or some other I:l4ce necessary for ii
1. .....1.'..1
il 4,,
I, '''
~,,k
there. lie had to thank an hon. member (Mr. Canning) whom .
makiiqs a suAable and commodious Market, vs ith instruc.
he did not perceive in the twos?, for a delicate allusion to an
am_ ct • • lote relating to his gre:it gFandfatlier. He however thouebt lions to the Conuni;.l.ce to obtain the City's rights and pri- .t
..,:,..;,i,.
1 $t unfair iO that Gentleinau to wage war with weapons, which
... viieges to be extended to crud o‘er the saute.
•
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