Star.
London, England, 1809-03-18 00:00:00

indulge him in explaining die
Ori the preceding debate, he vt
dresses, though he was decidedly
solutions were preferable. He
though there might be parts in
were objectionable, yet on the
preferred to what he knew the
chequer would substitute in their pill .
,rejected. In whatever vote he had given or should
give en this subject, he was and would be actuated
.by a conscientious sense of dirty. He had not the
.honour of being known in any way to any branch of
the Royal Family ; but there was no person in the
House who could feel less satisfaction in the degrada-
tion of any branch of that Family. He did not think
the House should be called upon to pronounce a spe-
cific opinion—but, if they were,he hoped a distinction
would be made between the different parts of the ac-
cusation. He objected to an Address, because, after
having instituted an inquiry, be conceived it would be
more worthy the dignity of the House to come to a
specific resolution. In voting an Address, they were
calling upon the aid of the Crown, for that 'which
- could

•
'do, without the- least yet lie envied dice Gentlemen who could lair
necessity of adopting, hands upon their hearts, who could face their cuusti.
as the object of which tuents, and who, in that awful moment when all sus•
to afford the York
lunar), prospects fade from the eye of expiring mo..
the Duke of York in tality, could enjoy that serene composure which re]
When that part of the sults from the consciousness of having endeavoured,
it would be competent for to the best of our ideas, to discharge the duties jib.
an 'amendment, which should posed upon us after voting for the entire acquittal t.r
away me proposed from it. his Royal Highness. Those who had defended tip
Mr. LITTLETON was sorry to be thus called puke, had spoken as if gentlemen were unacquainted
on to deliver an express opinion, though he made no with the most common expressions in the EngliJ:
doubt the Right Hon. Gentleman had good reasons language. The word connivance had received in 01;„
for thinking himself right in enforcing such a dis- House several very novel dentitions; for his part,
tint decision. He contended, that it was not incum- he could only understand the tvord connivance, .4%
bent on the House to come to such a determination implying a knowledge of the corruption without any
by the constitutional laws, but to give their opinions endeavours to terminate it ; and understanding IL.;
without pronouncing judgment; as in common Courts. word as he did, he could not but believe his knyA
In support of that opinion, he cited the Records of Highness guilty of connivance ; he, therefore, move
the beginning of the reign of Charles I. The Ad- .as an Amendment on the amendment of the latiin.o
Bess by the Honourable Gentleman who brought for- I Address, that the words following the word" arord"
ward the charges he considered as the most complete. be omitted, to make room for the words afford
He agreed with an Hon. Member who had spoken of ; ground to believe, that his Royal Highness Must hays-
the general interest excited by the recent proceedings [been aware of the corruptions and abuses proved by
.
the - evidence • red at their Bar."

they _do of their own authority. He wished of House, that the characters of Princes are in
also tn.spare the feelings of the Sovereign upon such some measure regarded as the character of the nation
a subject. Still he could not help considering •an over which they are placed--their glory is reflected
Address, with all these disadvantages, as preferable on the realms they governand their infamy in like
to the Resolution proposed. He lamented that the manner descends to their subjects. The House,-he
examination of evidence should have deviated into the trusted, would do him the justice to believe he was
wild and irregular course it had done ; that the whole actuated by no unworthy motive, when he State&
of the private life of the Duke of York should be that, in his opinion, the charges brought• forward'
brought before the House. This was not matter of against the Duke of York had been fairly substanti.
state crime, but of state scandal, and was calculated ated—if not according to the rules of legal evidence,
to make a most dangerous impression on the public. in a manner satisfactory to the understanding of every'
He was surprised at the course pursued by Ministers. Gentleman who considered the evidence which had
He was astonished they did not prefer at first to meet been adduced. The mass of evidence before them
• the original Address by a direct negative. was the best that could possibly be obtained in such
Mr. CARTWRIGHT explained. l a case—it was so corroborated by circumstances and
General FERGUSSON observed, that after the facts, and so clearly traced by documents under the
able speech they had heard, and the many others hand and seal of the person accused (which in fact
they might expect, it might appear presumptuous in amounted almost to a confession of guilt) that he
him to offer himself to the House. But he stood in was at a loss to conceive how any doubt could exist.
a peculiar situation. He had the misfortune to differ , Whatever might be alledged against the character of
in opinion with all the military officers in that House the witnesses examined, when it was considered that
on this important question ; and he was anxious, many of themwere ruining themselves bystatingwhat
therefore, to orplain the grounds of his opinion. He they did, there was but little reason to doubt the
fully agreed in the praises that were bestowed on the truth of their assertions. The evidence brought. for-
Duke` of York, as the head of the military depart- ward to prove that his Royal Highness had, in some
meet. He would offer his tribute of acknowledge- instances, improved the army, he thought wholly ir-
ment for the many important services he had rendered relevant and nugatory, as it did not prove that the'
•to the army. He felt also grateful to him for many I Commander in Chief was not a party in the comp-.
personal favours and kindnesses ; and, it was with I tion which it was admitted had gained footing in the
deep reluctance, that he found himself compelled tot army. If any thing could add to the conviction ,he
concur in a vote of censure on the conduct of his ' felt of the guilt of his Royal Highness from a review
Royal Highness. But, on questions of such vital ,of the evidence, it would be the conduct of his pro-
:
importance to the well being of the State, every pri- fessed advocates, who not only opposed the chargesH
' vate feeling must give way. He would do his duty being brought forward, but endeavoured to- pervert
to his constituents, whatever pain he might feel in the i the meaning.of the Honourable Gentleman who talk-
discharge of that duty. He would say one word as :ed of -*conspiracy against the House of Brunswick,
to the evidence. After the most careful perusal of it, the revival of Jacobinism, &c. Were that mighty
after considering it with all the attention of which he magician (Edmund Burke) alive, whose wonderful
I was capable, the result was a perfect convictions upon influence was so universally admitted, his most po-
his mind, that the Duke of Yoik was extremely cul- I tent spells would have no effect on him when intend-
pable. Until the cloud, under which he was, should ed to convince him that such a spirit existed in the
be dispersed, he thought the Commander in Chief I British Nation. He could .not appi-ove of the at-
( could not hold his situation with credit to himself, or tempts which had been made to curtail the Liberty
satisfaction to the people. I of -the Press, by complaining of its licentiousness
Lord P' ETT 'olair

receive
Mr. HAWKINS BROWN spoke, bu., frim Ott
noise which prevailed in the House, we could (tni
ascertain that he seemed decidedly in favour of die
Duke of York.
Mr. HERBERT rose, amidst loud calls for the
question. He assured the House he would not de.
rain them long ; he did not see one thing to substan.
tiate the charge of corruption ; from the bottom (
his heart he assured them, in the most solemn manner,
that he did not believe his Royal Highness guilty of
corruption. [Here the Honourable Gentleman was
• interrupted by loud and reiterated cries of “ question.
question ?" which continuing with little intermission
till the close of his speech, rendered impossible to give
his concluding words with precision.]
Mr. BRAND said, he had intended to have gont
at some length into the evidence ; but since he saw
the evident disposition of the House to come to the
question,. he would ccantent himself by merely statin
the general grounds on which he would give his vcae
—a vote which he gave .with as much solemnity as it
he had been bound by the solemnity of an oath. He
' was now brought to the last stage of the business ;
I was compelled to 'come to a distinct vote of aye or ito
—guilty or not guilty, and he was sorry for it, bet
he would do his duty. Much had been said against
the credibility of Mrs. Clarke, because she was an ac.
complice ; but he would ask in the presence of so
'many legal gentlemen, who could correctly answer,
d 4 was she not a witness on whom much greater reliance
ought to be placed than or. a King's evidence?" (Hear,
hear !) Did she come to the Bar covered over with
such moral turpitude as he—he who could be subjected
to indictment, ►f he did tot give an acceptable testi-
mony ? The passion of revenge might be strong, btt
who could ever put it in compar►son with that of self--
existence, by which the King's evidence was actuated?
( Hear, hear !) Much had been said of the bias with
which she gave her testimony—much of the motives
which induced it—much of the contradictions which
appeared in it ; he would, however, say, that he knew
it to be the opinion of the Bar in *general, that Mr..
Clarke was a strong and conclus►ve witness.

HENRY -PEI e'Y complimented the gallant such a complaint came with a very bad grace from hear.) ' He, did be choose it, could thew an instance
Officer who had just sat down, for the manly manner those who had it so much under their command.— where the Chancellor of the Zxchequer himself, who
in which he declared his sentiments. The motion The DIA, or Irib'•ll.?4 owec Tv tata4l hAve bCOCI much now objected to Mrs. Clarke's evidence, had strongly
made by the Right Honourable Member appeared to i better, in his opinion, if his Majesty's Ministers had pressed for conviction on the sole uncorroborated tee
him to be not only unnecessary, but extremely objec- " not appeared quite so unanimous in his defence. The timely of a King's evideUce. Objections -had also
tionable. The question was, whether the motion Honourable Gentleman then adverted to certain Pa- been taken to the testimony of Miss Taylor; he would
should be withdrawn or negatived? He could not pers or Resolutions which had been laid before that not now advert to her general conduct, but to the
consent to put the special circumstances of this case ' House in 1608, setting forth, that no Member of idea which went to set aside her testimony,because it
upon the Records of the House. In official charac- Parliament should he permitted to take a place of was Merely the testimony of words. It should, bow.
tere, the House were not to look to any thing but emolument under Government, and that all offen- ever, be considered that she was only a: eorrobonttire
official duties. They were not to be influenced be I ders should be expelled ; now, though he did not wish witness oflacts which were already before them in eve
personal considerations. If Royal Personages will to go to the fell length of such resolutipns, yet he deuce. (Hear, hear!) But still in the Courts of Law,
assume official situations, they must be responsible could not but regret that they were deviated from so an evidence of words was not rejected ; in a very no•
for the discharge of the duties incidental thereto.:— widely. He did not know whether he might not ex- torious case, that of the murder of Steele, there a con.
He had no objection, hay/ewer, that the motion should pose :msell to unpleasant remarks for acting the part viction took place, not only on an evidence of words,
be withdrawn, though he was of opinion that it would he had—he might be reproached, but he could not but on the evidence of an accomplice also. This was
be better it should be negatived. He trusted that think it fair in the Right Honourable Gentlemen op-, a case exactly in point—a case where the witness
it would not be again offered to the House in any posite to adopt a species of warfare in which they was an accomplice,
,a murderer, a mere testimony of
shape, whether amended or not. could not but meet upon unequal terms. The Right words, and these not corroborated. Here the testi.
An HONOURABLE MEMBER, under the Honourable the Chancellor of the Exchequer seemed mony was that of an accompliceeleablted by a good
gallery, whose name we could not learn, but who was to say they must pronounce him innocent, or pro- witness, of words which were ttlestiborated. (Hear,
afterweeds alluded to as e a Gallant General," spoke ceed to an impeachment ; for his pare, he did not hear.) If, then, it is said there are no grounds for
highly in favour of the Duke of York in his official know that that followed, in the eventof its being car- entertaining this accusation, it exactly militates
capacity. He said, that if the-army were to lose ried against him. He could not. perceive the pro- against every decision in the Coons of Law; it goes
the Commander in Chief, they would lose the man priety of throwing out any intimations, that in- to say, that every verdict isinnjust, and every execu•
i who stood between the unprotected officer and the fumy might probably attach to the accuser. He tion a murder ! He had heard the popular feelings
great political and parliamentary interest, which under j thought it proper that such inquiries should be made, were high on this eceaeion, and he believed it-; he swat'
other Commanders in Chief controuled and disposed ! unimpeded by any endeavours on the opposite side led to believe itirreet the habits of the people; they
of all military promotions. He could recollect what !to 'intimidate the Mover; ' and after such an investi- i were nurtured in strong anei,exalted motions of free-
the army was under' General Conway, and he had I gation had taken place—after the examination of don—they were also exercised in discriminating—
' witnessed the benefits derived from the system intro• such witnesses as had appeared at the bar —after such j the Trial by Jury was to them alwactical lesson by
duced by the Duke of York. facts had been stated, (here he cited the Journals) as which thee were taught to judge of the present Yee
The CHANCELLOR of the EXCHEQUER I had been heard in that House, were, in such circum- diet.. (Hear.)' He would much rallies, hate been
said, that by what had fallen from the Noble Lord ; stances, the result to be an entire acquittal, it might, allowed to meet the original Resolution with a direct
I and from his Right Hon. Friend, Mr. Tierney, (hel he thought, be considered as ominous of a national' negative, but since the Amendment had been pro-
f begged pardon for having slipped into his old habits calamity—as likely to be productive of the most tre. I posed, however painful a duty it was to him', Le
' and addressing him by so familiar a name), be un- I mendous consequences. Were it possible to annihi- - would support it. He thanktill the House sincerely
i
derstood that there was no objection that his motion ' late every trace of the evidence received, and trans- ! for the indulgence with which they had honoured
j should be withdrawn. He certainly did not wish to mit the Duke's name unsullied to posterity, in that i him, and Loped he had not abused it. -(flear, hear.);
I have it negatived, when he could arrive at the same i case he should feel tempted to vote against his con- I Mr. SUTTON did net eperave of the.Honoutable
' objeet by having it withdrawn. I science—but as that was impossible, as it was not in Gentleman's idea of passing a general ambiguous
The question was then put from the Chair, and i their power to rescue his character from the obloquy I censer.-on the Duke, as the unintornsed would apple
leave was given for withdrawing the motion. I cast upon it, he thought it incumbent ou the House ! the censure of where it ought not to-be applied ;he
The CHANCELLOR of the EXCHEQUER ! to act up to their own, and give such a verdict as ' would wish the House to consult its ifignity, and not
proceeded. In the place of the Resolution that was ! would satisfy the Country that they were worthy of hastily blast a character by stieh a procedure. it had
Iwithdrawn, he had now to -propose a Resolution on the confidence reposed in them. If they neglected to ' been said in the course of the discussion, such evidence
the guilt or innocence of the Royal Personage. The do this, what hope could their constituents herel as is insisted on in a Court of Justice was sot to l'"
I subject had already been so ft4ly discussed, that he after entertain ? They would give up whatever : required there ; whatever difference - there might be,
I would not take up the time of the -House by observ- • might be brought before them as a lost hope, and in some respects he conceived the evidence of an ac-
ing upon any part of it. [The Hon. Member here cease to regard the House of Commons as affording : complice there, as in a Court of justke, should be
read the Resolution he meant to propose. It briefly them any security against the innovations of corrup- i' received with caption ; and 'when e witless, in the
i, recited the proceedings on the charges, and concluded tion. -He hoped that they would prove by their de. ! Course of various examinations, gave contradictory
; with stating, that there were no grounds for charging vision, that they knew of no distinction of persons. ! statements, he thought that person's testimony should
' his Royal Highness with corruption or connivance in 1 Sir T. TURTON spoke at some length on the be doubted.
! any of the infamqus practices alluded to in the discontent which, in his opinion, a verdict of acquit- . Mr. DICKENSON spoke a few words ; but from
" charges.] That is, said the Right Honourable Gen- : tal must excite throughout the country. It was with the increasing tumult could not be distinctly heard;
:.tleman, that there are no facts proved against the ' the utmost reluctance that he spoke one-word against he had been much opposed in his election, and was
IDuke of York. He thought it necessary that the the son of his Sovereign;' to act as he was about to determined to let his constituents see he was not Ile-
House should come to a distinct opinion on the do, was to him a task the most painful, but a sense of glectful of his duty, by voting accord:rig to theciictates
charges of corruption and connivance. -It would not his duty notwithstanding impelled him forward ; a of his conscience.
i, be doing justice to his Royal Highness to dismiss him sentiment .paramount to every other feeling forced ' Mr. FULLER rose and said, it was not his inten-
-1 with a general verdict of acquittal. The specific crimes him solemnly to. declare that before GOD he really tion at so very late an hour to trespass much on the
'of which he was accused must be pronounced upon. believed his Royal Highness could not be ignorant of attention of the House, but he thought it his duty to
When they had disposed of the charges oftorruption the corruptions and abuses which had been proved to address them because he had been badgered by.lettets
and connivance, other matters would remain behind- exist. Those who knew him knew how reluctant.he and abuse, and such sort of things. (Hear, har, asi
1 fitting for the House to take up, and make the subject ' was to speak thus, though they could not conceive the loud laughter.) " I tell you, Sir, (said Mr. F.) I have
of an Address. He had no intention to entrefethe ' pain he telt in the discharge of his duty, but distres. even been called a black-hearted fellow, but I'll ,11
. , House. They were only called upon to give their sing as it was, - jmy duty. (Order, Order.) People talk .very inille
.
opinion upon the charges of torrupticm and tonni. 04 Fiat Justitia, rust ccelum " - ' now of popular clamour ; but I remember wren eel
Z

of
vote he should Le.~ -70E1Sich they milatfaitlrdc
voted fork : e ami Ad' • Ag. being involved in the au
xlly of opinion Xes the part of tha'Resolurion, I
le did so, ipseabelf,.. was, be would frankly confess, to
in those Addresse of an Address for•continuing th•
! whole they w.es to• the command of the Army. W 1
e Chancellor of the Ex. Resolution was proposed, it woul
heir place .if they were any Meinher to move an amend
le had given or should do away the effect he proposed fr 4