Star.
London, England, 1809-03-14 00:00:00

CAPTAIN ST EBBING.

Mr. CURWEN rose to request the permission of
the House to read a letter from Captain &ebbing,
whose name had been mentioned in the course of the
inquiry beforeshe House ; but

Mr. WHIThREAD rose to order, and suggested
the impropriety of suffering it to interfere with the
more important discussion before the House.

The SPEAKER said, it depended upon the in.
dulgence of the House.

The letter was not read.
THE DUKE OF YORK.

The Order of the Day was moved for the resump
tion of the adjourned debate on the conduct of the
Commander in Chief ; when, the SPEAKER. hav-
ing stated the question liefire the House,
file SECRETARY at WAR rose and said, that
it had beenmade out to the satisfaction of the. majo-
rity of toe House, that no reliance whatever was to
be place on the testimony of Mrs. Clarke.—(No,
no, no! —Hear, hear, hear?) The Right Hoisoura-
ble Secretary repeated, that in the material part of
her testimony, as to her communication with his
Royal Highness the Duke of York, her evidence was
to he wholly laid out of the question. The Right
Honourable Secretary then proceeded to go-through
the several cases, and to argue, first that if Mrs.
Clarke had any influence with the Duke of York,
his Royal Highness did not ktfow of it, and second-
ly, that she had no such influetice •He urged the
importance which Mrs. Clarke always attached to
the Gazette, never knowing of any promotion other-
wise ; and her ignorance of Major Tony.n's being ac-
tually a Major, till several days after ; this was ac-
tually the case, as appeared by her letters before'the
House. In the case of Major Tonyn's promotion,
the fact was, that when Mrs. Clarke pressed for it, it
stopped, and when she ceased to press, it proceeded;
The Right Honourable Secretary admitted the ge-
nuineness of the letter, which had been so much dis-
cussed ; but that was no ground of corruption in the
Duke. As to the presumed notoriety of all the cor-
ruption which had been proved, so far from the
Duke's being obliged to know it, the parties' them- I
selves did not know the channel of their application,'
till a considerable time had elapsed ; they did not
know Mrs. Clarke was to make their applications.— I
The HOuse had placed itself behind the scenes but
no one had ever done it before. As to the establish- '
ment in Gloucester-place, which had been stated at
10,0001. a year, it was greatly exaggerated ; and ex.
eegt in the article of horses, the Right Honouradel
Gentleman thought it not an. immoderate one: He
concluded with a high eulogium on the Duke's ser-
vices to the army, for whose present high state it was
solely indebted to his Royal Highness.

Sir FRANCIS BURifiETT said, that after the.
, • .
able and ample. statement of. evidence which the
House had so, vrten heard on this subject, it certainly
couldnot be his intention to detain them by its fur-
therdetail. All that was left for him to do was to,
draw. his deductions, niake his comments, and .;hew
'the effect which it had ou his mind in forming. his.
decision. It was a little extraardinary to observe the
Chancellor of the Eicheoer, the Attorney-G'eheral,
and, in fact, the whole legal. phalanx of the House,
Whose constant and practical
.habit was accusation,
now ranged, as if rend voce, on the side of the acCused.
He could not but observe the yzonderful bias which
'their minds seemed to have)tlken, the 'surprising,
*oneness to conviction, alI os one side! Misch 143
they displayed of professional acuteness, and many
had been their animadversions on the conduit of his
Hon. Friend (Mr. Wardle). One of then' had re-
presented him as putting out his little skif upon a
large and boisterous ocean. He had, however; steered
his voyage by the Polar star of truth, and there was
little d iubt it would have an happy period (17ese;
infamy
must Member had insinuated that
must attach sinnewhere. After 'their rung and 2tlXin
ens sitting, after their protracted debates, and their
minute examination of evidence, he would asks
could int,. infamy attach to his Honourable Friend ?
(Loud crier of' Aro, no.)—Where, then, should it fall
but on the. head of him with Whom the imputation
-had originated ? As to the speech and opiniens.Of the
enAucet.Lon of the EXCHEQUbt, they were so sophis-
tical and uncandid=so full of manifest prejudice and,
bias, that they rather appeared the statement of an
Advocate, than a Judget and even considering
them those of an Advocate, were injudicious (Mat
the openness of their partiality. What ! when
any man ventured to assert it as his impression that
Mrs. Clarke had no influence over the Duke of York,
was it not a mild epithet to say, he had prejudged the
cause, or was blinded in his judgment of it ? There
were some minds, it seemed, who could not, in the
glare of sunshine; see the plainest objects, but whose .
vision was most accurate even in the de: kness of Mid-
night. Every trifle against Mrs. Clarke's veracity
was instantly taken hold of, while her most seriously
corroborated statements were utterly. di4regarded.
But it was in Vain to attempt an inValidNtion of her
testimony.—" She came (said Sir. Francis') to the bat
of this House with the. most hestileientimeots,agains;
her : she was examined as to all 'the history of het.
life, its most minute transactions, up froni the tradlt,
to the present moment : as she proceeded, the grow:
inn conviction of the House *as sensibly apparent;
and when she retired, there was not a Being among, us
so sceptical as to donisf her truth, oirfirnaginithai
any human ingenuity could have fabricated such'a
mass •of circumstances, so' vi ell ciiiiiecteck`and.' so
bonwout bay 'document's."---tHier Pheiarf)=.
litithing- but the simplicity of fact • could have sup.
rimed her amid such* trial—against all the Layers,
who endeavouring to entrap-her weri"themsdves de.
leited—even his Majesty's own' Attorney General
wasfoiled. :ref Issig4). What then ohs "the aftre?ek
retort to which they were driven in their overthrow ? .
Oh, Mrs. Clarke was -a geninsr-sttch talents.---stich •
surprising ingenuity—there -never was any' thing like
it in the, Xvorlcishe could:ds any thing,nay
But it was •a vain subterfuge.; .she, with all her ta-
lenti, could never have got up such a drama as had
been presented, to the HOuse ; he Would .ai'so.cm be:
here she could write Macbeth itself. Siipposinther
even wrong in those transactions where she was the
Only link,- yet there were collateral circumitaiices=•-•
there were documents—there were middle agents
Which could not be frittered away. But • the Duke
.could not beprovad a party to the 'correption: '
doubtedly it was not to be expected that the Mika.
was to receiVe money an the face of an audience—that
he was to call Witnesses to - see the fact ; -but still the
corrupt influence was apparent—the very wavering
lof his advocates in his defence might prove it. '['here,
for instance, was the Chancellor of the Exchequer
setting out, as indeed the Gentlemen of the Long
Robe generally do, with the fairest premises ; but
instantly, as if he knew the fair position was not
tenable, he draws the most foreign and inconclusive
inference. Mrs. Clarke was not to be believed ; no,
.she was too great a genius for that. Nor was Miss
Taylor to be believed, she had trumped up the whole
story with Mrs. Clarke ; aid their ignorance of
some circumstances was adduced as a proof of their
falsity, which': very ignorance was the strongest
instance of their. credibility ; for surely 'had the
story been preconcerted between them, they would
have taken good care that nothing material should
have been omitted; but as that partial ignorance did
not condemn-them, so neither did it go to acquit the
Duke of York ; other considerations were not to be
forgotten, asincharges from theßench, in causes even
.of life and death,- circumstances, when strongly-col-
literal, went to influence the verdict. Thus it is said,
that the words repeated. Miss Taylor, " how does
he use you, darling," do not go-to prove a corrupt
connivance : admitted, and what is- the obvious in-
ference ? Why, plainly that the story was not fabri-
cated between Mrs. Clarke and• Miss Taylor, and that
in telling the. whole truth, they would not Conceal
either the.weak points or those which made against
themselves. Thus it appeared then, that the dtfence
of the Right Honourable Gentleman went to
.suyport
the accusation, all his ingenious -hypotheses to
the ground, and in his hauds trifles-light:as aid"
were converted into f'-vonfirm strong:':: A
Member on the floor, who had taken': part against
the Duke, had even made a better-defence for hitn
when he acquitted, him of the Chief charge;--a cor-
rupt connivance. A Learned Judge too, who had
spoken earlrin fitem'Aebate, had tone completely to
destroy the credit... a- Mrs. Clarke, • and . had
.asserted,
without proof however, that she hid....crkradieted
herself 28 times. The Learned Jaidge ..surely
been biassed in listening to her evidence, hy the recol-
lection of the character under which she tarsi .to the
bar. He had himself been so prejudiced, and it was

not until he had observed her bear:- . t 11
the acrimony arid harshness „as bp warns. a
treated, cheerfully and %with which she had been
ed by truth, the •- - consistently, because support-
We tonvici' . treat prejudice gave way to irresisti-
corr.-- ..on. He had listened, and he had been
inced, nor could he be persuaded now against
that conviction, by the production cif those - who ip
trifling points bad cOntriditted ker. She had been
consistent hers*, and the advpcates of the Duke
ought to helieire her as flrMly apiilst utherwittruces:
arthey did tose witoessei even agaioritthermelvce--i
nritnessis who plainly at last didaleray what C 4111
said at first. Why, for instance, *odd MisisTOley
be disbelieved becauk she did not kne* what her, ,
they rid tiefi called *ore' she :i'vas laaro $ ' Yet suc.
had *been the argurneitt Of the Attoine.ySyette..
r
fl
inetedd from the great talents and eicterkfave legal
&Witter-Of the Attorney-General, be had expected
that the'Duke would have had a much hetter.defea-
der. V.ut it *reminded Min cif in
.advice Which the
celebrated Mr. Dunning had once yen to a person
who" consulted. him : wAlWays, sap he, in a bad
-cause, ernploy a bad Counsel ; for if you employ a
soba 'One, he will certainly stnlttble, and iionoder,
end be interrupted—but if you ens.piny a bad &mini,
*thy he'll get through it some way or other, and cer-
tainly Make a betterhand of it than the gocid coun-
_ . trim Just so the Right Honourable Gentleman with
all his learning, could make no good of his bad •cause
(A &vh). By way of bringing the poor Duke off
*di ffyiog colours, they have left hint in the mud so
fast, that all the Jacobins in the land will never be
able to pull hini out of it. The Right Honourable
Gentleman was aware of this, and when at last' he
was weighed down by the irresistible evideuce they
had heard, he appealed to the feelings of the House,
begging them in pity's sake to have some compassion
onto client. The Honourable Member for Cam-
bridgeshire (Mr. Yorke) even could not go the whole
length of his defence ; so he gave up one part of it to
save the rest; his favourite topic was the forgery of
the note, and this, too, against all shadow of 'proof;
but ob,' this did net signify ; Mrs. Clarke was
a prodigy ; she could do any thing she chose—
A most miraculous woman ! and yer, what had she
made of all this cleverness ? Had she raised any
mooey in the Doke's name ? (Hear, hear,) Far from
It. This vile woman, this harpy, as she was called,
sought no money but for honest purposes—she made
no purse, and when she acquired money, only used
it in the payment of her tradesmen's bills—(Hean
hear.) Why should she then be thus calumniated ?
No generous mind would surely be so prejudiced oil
account of what she was, against what she is. Little
could he expect it, however, from those who were
toll of the milk of human kindness to others who did
Duke's
deserve it more. But the probability of the
Duke's coming to the Throne was used as an argu-
ment now against his condemnation. This he could
la no means admit—he could not consider rank as an
argument against the punishment of injustice. It was
ClKittle surprising that those who disbelieved Mrs.
arke, did not also remark on the part which -all
those who had come forward to discredit her bad
f)ayed—not one who had tried to invalidate her tem-
e
ikrilY, but had done so to his own confusion, (Hear,
ar,) not one of them that had not rather discredited
themselves than her, to 'whom they had avowedly
4ohie to attach suspicion. Her Method of answering
gO her cross-emmination at Once evinced her Limo•
cenee—she gave answers which she must have. known
'mulct bAye led to a further iuterro.getion, and of'
course to a more full elucidation of thetruth. Thus
she *de a statement which she told us Donovan
seAs prepared to deny—the fact proved so ; be did
rent' it, and his denial, like that of all the rest, ulti-
Mately tended to his. own humiliation. He had re.
math* thus much upon the evidence of Mrs. Clarke,
and had done so, because he thought justice should be
rendered equally to all. But setting her evidence
veil aside completely, he would ask the House, had
gley not circumstantial evidence so fully before them
that very little .positive evidence was required ? (hear,
Afar!) 'When he considered this, and considered
also of what weight suoh evidence was considered in
the., Conrts of-Layi, he could not help wondering why
be w.a.11 the legal Gentlemen in the House, (hear,
Afar!). ranged on the side of the accused, which this
e went directly to criminate. The Legal Geo-
tjemen indeed seemed to lose all their ability on the
cieCasion • but it was not to be wondered at it seems :
gra. Clarke was. a witch—an enchantress—such was
ritfir reason, hiy it was not the true one—the fact
they.were defeated by the proofs which stared
,tin the fain—they were disarmed of their stings.
th tp a lawyer was like a red rag to a
Viperit eatractect his venom. Such evidence
waling could withstand,—no, not even " the ho-
nour of a Prince," It.- was painful for him to
114 e the declaration, but truth could not be sub-
Tared, even by rank—even his own evidence went
had stated that the
.. Duke:
*Sos:Phi:ld him Mr.
hAe dnever had spoken on military.
subjects M. Mrs. Clarke ; and then he states, that.
when Mrs, Clarke spoke to the Duke on some mill-
tiiry point, he desired her not to speak to him on-it:
What ! was no person but. Mrs. Clarke to be tram-
melled. and. criticised; and disabled in her evidence ?;
Look even to Colonel Gordon's : he had been called:
an able evidence
.; for his part he was unable to corn-:
orehend what was meant by an able evidence ; he'
could, not see what was reqUired from an evidence
except, truthi, and. he. could not see either how telling
truth constituted. ability. Even in this able evidence,
however, a flaw might- be discovered, if scrutinized
by the ingenuity which had inspected Mrs. Clarke's !
'lll,us Colonel. Gordon had stated what he had called
an intatiable custom, and in a little after it appeared
thisAav4riahle custom had many exceptions. Was
rat [Bits a glaring inconsistency ? and yet this was the
41-4.0 stalPußzherse which was put forward on every
°Z. s The 'more the evidence of MI -s.Clarke '
stlrted, and.contrasted with that of the other wit-
.
ricsoaa• the more perhaps those who were inclined to
cilp_demn , her would- mitigate their severity. The
GaperLagpi however, who-had so severely criticised
his : hdrely left Doctor O'Meara out of 'the queS-
ante ficealsfai, he supposed, it was' not a military
pr int. Aort, what a picture did .this man exhibit r
ivth;tA a piquiv of profligacy ! He who had preached.
bocso the Itcyol.l.amily against " adultery, firffit4H
lion,. 2,4 41,, other deadly sins !" (Hear J)' The.
1.1,7 a,. ophk,Boronet here made some brief eomments:
nil. p,)01 ilip evidence, anal civielt panic-dimly on the.
CI:A G i Coptajn Timer. 0 HOW.," said he, 4, did the

r),
Iftrs- Plana 410•4-
re ent to us, gre34.14.01 waklnslo4lll* thie "Aur°ll/
3f a Prince !" Aras, what a Melancholy comptrisen
She demandin ltcr ana4ty (414 to 'Ay the debts
she had contracted under his
,proteetion, and h re-
fusing even thai PaltriVioo4o4:l4oCatile a" Cali
nat produce his bond for it 1 There (said Sir Fran-
cis), there is 48 the honour of a Prince" Pot you !
(Loud trigs of Hear ! Hear !)—The Honourahle Ba-
ronet, after making some farther comments on the
evidence, procreeded to notice the conduct of his Royal
Highness towards-Mrs. Clarke. He had, as the letters
on the table showed, evinced excessive fondness fer
the Lady, for he would scarcely have so disgraced
himself by the production of such letters, unless he
had been extremely fond of her. How had he finish-
ed his tenderness ? Why, by turning her over to beg-
gary and want—to load her with infamy—to re-
fuse the payment of her annuity !--45. Message had
been sent to her by a Learned Gentleman (Mr.
Adam), which must be taken as a fact, as she had
so stated, and it had not been contradicted—(Hear,
hear).—How could he have the heart, to send such
a message to the woman he loved I Flow he could
leave her loaded with debt was to him (Sir Francis)
a melancholy recollection. By the houour of a
Prince, it was sad ! What was her conduct ? She of-
fered to give up her annuity of £4OO a-year to pay
he debts ; but even so she could not get her annuity
paid. To be sure she had the guarantee of honour
of the Legal Gentleman for the- payment of it ; but
when she applies to this Legal Achriser for payment,
he says, " No, ma'am—no ! no !—you have no bond,
ma'am !" (Loud cries of hear! hear!)—This was the
answer of the Learned Gentleman (said the Hon.
Baronet) : there's honour for you !—(Loud cries of
hear, hear.)H Unless truth and justice are excluded
from this ouse, you cannot have a more worthless
pledge than the honour of a Prince. It it like a
feather's weight, compared with the balance of the
evidence at the Bar.—(Hear, hear.)—He could not
tell how the honour of a Prince differed from that of
a private Gentleman, but he confessed, according to
the specimen of the one which had here been held out,
he never could compare theni. But the Chancellor of
the Exchequer had said, these were incorrupt times ;
according to his account of it, we had got into a kind
of Paradise Regained ! and, indeed, such a notion
would not be wondered at in him, ,by any one who
had seen how he had treated the evidence. He, in-
deed, did not think times were now so bad as those of
our ancestors, when a man dining with a Minister
would find £5OO under his plate, and wonder how it
got there, while he pocketed it !—(a largh)—but
there were other methods of corruption besides pecu-
niary ones. There were such things as places—cor-
ruption was a moral motive, an undue influence;
which made the mind swerve from duty and from
justice. It was a circumstance much to be adverted
to, that the Duke of York sought a loan from Com-
tie, Mrs. Clarke's solicitor, because it shears how
they drew together in money concerns. But
remarking orf this loan, he was forcibly struck
the continual pecuniary grasping which the Duke
a York had evinced in every transaction which had
come to light—he to whom the country had already
given so liberal an income. This, coupled with
other circumstances, was enough to convince him ; he
would be convinced, even separating the documental
from the oral testimony; but combining them—view-
ing the testimonies rushing from all quarters, he must
be sceptical, indeed, did he even hesitate. There never
was a more important question than this, since
the question excluding the Duke of York from the
succession in the reign of Charles the Second. It was
a question of justice—a question which came home to
the breast of every man in England. The honour of
a Prince could not lead him from it—he must consi-
der the honour of the King, the fountain of justice,
whose streams should flow pure and unpolluted.
What! will.any man now say the Duke of York is a
fit man to stand at the head of the British army ?
Surely none. (Hear, hear.) Could he, like the Roman
Scipio, turn to his soldiers, telling them to follow him
to the Temple of the Gods ? Oh, no. He appears.
tsithe nation like the Ghost of Banquo,
" With twenty mortal murders on his crown,
" The least a death ;"

He would vote, then, in the cause of. justice, and as
his unprejudiced mind had dictated. He was not
warped by the desire of popularity, and he could not
help thinking the caution unnecessary which warned
the House not to be too much led by popular opinion;
its decisions were very seldom unduly influenced by
such a cause. The people of England were lovers of
justice, and he would support the cause, uninfluenced
by lay undue consideration whatever.
The MASTER of the ROLLS observed, that he
had: hitherto refrained from offering himself to.the
House, because he was anxious to have the evidence
considered by other Hon. Members before humen-
tioned the impression it made on his mind. Whatever
Gentlemen might state respecting an impartial deci-
sion on this question, it was impossible that any man
sitting there as a judge shouldnot have an opinion on.
the case. Many persons who took up the subject with.
extreme zeal on one side would conceive themselves.
perfectly right, and maintain that they acted from.
conviction. This kind of conviction put him in mind:
of an expression of Dr. Johnson's, speaking.of some.
Gentleman who had very hastily and erroneously, as
he thought, come to a conclusion on a popular ques-
tion, ,4 Aye," says he, he is convinced, but then
this conviction is not honestly come by." This obser-
vation appeared to him to be very applicable to some
of the arguments that he had heard from the other.
side of the House. Their conclUsions or conviction
were not founded •on the evidence that was before the
House. It was certainly desirable that this question
should be decided on fair-and equitable grounds. He.
trusted, therefore, that the House wouki come with
manly and erect mind to the decision ; unbiassed by
popular ferment, and unawed by power. There seem.
ed to him to be two principles involved in the ques-
tion before the House ; first, whetter they should
come to any decision on the subject? next, what that

'mug stesulfl .net; Lily bean the proposal was sent in. If these prases.„
!ors, eistpectneg the I were coupled with the object of relieving M.
the Duke
'of evidence and various , of York from the frequent drains which Mrs. Cl. rE
slsl 1 found,guilty of ; was under the necessity of making on him, ti,;:
t am,:then the House was I entirelyd failed.ands,for it was in e
They did novidetreniteievethlaitint he
hindfrere*.
should send him to trial; I II" em
kit proposed 'should .1 paid 13901. for her at once. His Royal High.
,Aallandtricot, let it be recollected.l tress is represented "as being extremely diseresst.4
*.tal Highness of all personal , during the time
.he lived with her; as not hein
participation') and the House able, according to her account, of giving her 1091
__ &at it was not proper that he , But if it were true that he had given Mrs. Clarke au.
should continue longer at the head cf the army.— ' therity to open a wholesale warehouse for the disposal
He 0114 d CtaKeiTo a case of inquiry where the •of commissions, why did she not turn that privilege to
Floose night oat be. alled upon to give an opinion ; '.account ? What became of all tote majorities aer
;but be could not conceive any one where the companies she had to dispose of? Why did she no
House stalght be called upon to pronounce an derive from these the means of supporting her retch.amitivous opinion. The Amin:kneel proposed ap- . ' lishment, when the sale of a single ensigncy would la
peirQ. to him likely to involve them in a dilemma of suffiCient to render it unnecessary to apply to his Rep')
this nature.. Hearced with the Honourable Bans- Highness ? There was also another question. if
net in his ideas of corruption, which • did not imply the Duke of York gave her this authority, if he told
the mere personal receipt of money, exclusive of her what recommendations were proper, and what,
other censideratiosis. It was not necessary, in order were not, she should never have met with the slightest
to substantiate these charges, to prove that the Duke difficulty in carrying these promotions into effect. It
had received money with his own hands. If is could would be a gross absurdity to suppose, that he gait
be made appear that he had connived at the receipt her in private this authority, and that he afterwards,
Grit by Mrs. Clarke or any one glee, the accusation in his official character, set himself to oppose the era.
was brought home to him. This was a question to ercise of it. With respect to the went and efficacy
be entirely decided by the credibility of evidence—. of Mrs. Clarke's influence, it appeared that her re.
and he doubted whether the resih of any inquiry commendations experienced delays in the most fa.
fore that House ever turoed upon such a point. It insurable cases, and failures in many. French's levy
was impossible that the House, in its judicial caps- was full five months in agitation, and so long was,
city, could decide upon the character and interests, Mrs. Claiko kept out of her 5001. It was the nuns
he would not say of the Duke of York, but of the in Tonyn's case—for it was many 'reeks after the
meanest man in the land, upon such evidence as they , 5001. he had agreed to give for his majority, was
had heard at their Bar, The evidence was deficient drawn out of the hands in which It was deposited._
in that common sanction, which all ages, all coun- All this happened at a time that she represents t:le
tries, and all religions required. It was not given with Duke being so embarrassed, as not to be able to ad;.
the and under the penalty of an oath.— vance her so small a sum as 1001. It appeared ir.
This formality was so necessary, that it was known deed, that she was in a miserable state of
,ignorance
froM history that a Roman tribunal had refused to, respecting pror. stions. This was particularly mail:.
receive the evidence of Cato until he had taken the fest in Tonyn's case, who; as stated by his Right-
accustomed oaths. It would be for the House to de- Honourable Friend, (the Secretary at War) was a
tide, whether they would adopt a measure affecting Major many days before she knew any thing about it,
the honour and interest of any subject without such even at the very time that she threatened ,that his
a sanction? He would in the meats time admit that promotion should be stopped. The charge respecting
' an examination not upon oath would be sufficient to Shaw was, in the manner as it was represented bv
justify the House to put a man upon his trial. They this woman, one particularly atrocious. She wished
had even gone the length of punishing persons upon it to be understood that his Royal Highness had lent
such evidence, but it would not be pleasant to him himself to her revenge, and that he put Major Shaw
to erercise his judicial functions upon the authority on half-pay merely to satisfy her. Now how did the
of such a precedent. He would now proceed to era- matter stand ? Why, that the two appointments were
mine the evidence in the same way as If it had been incothpatible, unless, which was not the case, that
given upon oath. The Honourable Member here the regiment to which he was attached, was quartered
went into a long examination of the evidence, which at the place where he was nominated Barrack Master.
he analized with his accustomed acuteness and abi- It
.ferther appeared that her interference was of ao
lity. Mrs. Clarke's evidence was directed wholly use whatever Spedding's case. All her influence
against the Duke of York, and that in the most pose was ieeirectoal to (*Min him the accommodation rot
tive manster: She asserted that his Royal Highness which he sent a memorial in. So that upon the
sanctioned every act she had dont, and that Ise had whele it was evident that her applications failed ef.
not only sanctioned, but s and pointed out tener than they succeeded, and that it was by no
' the we; in which it should cone t that these in means clear that even one of these successes was to
(act formed the ways and means by which the estate, attributed to her. He lamented else immorality of
lishment she possessed was suppested. New, with re. the connection, in which his Royal Highness had so
spect to this evidence, there were various opinions...-. indiscreetly engaged, and he agreed with his learned
A Noble Lord at the other side expressed his opinion Friend (Mr. Burton), that it merited the censure cf
that entire credit should he given to every thing she the House. But be was not -aware deny established
had said. He did not feel the same prepossession in law in this country (it was different however in
favour of her evidence,. He would admit that many ethers), which authorised the making this the ground
parts of it might be true, but such evidence was al- of a criminal proceeding. It was not an offence cot.
ways to be received with suspicion. In a Court of nizable by the laws of the land. If, indeed, it tended
law any Judge would say, that such evidence was to to offend public decorum, or was inconsistent wins
he received with eats-erne caution. If it were the situation filled by his Royal Highnees or any
otherwise, the character of any person. might be at other servant of the state, there the liw had a right
the Mercy of any thrive; and worthless wretch who to lay hold of him. He would admit that the Doke
might choose to come forward and accuse him of a of York was culpable to a certain degree in not haw.;
crime. Mrs. Clarke had a sufficient motive to bring steadfastly prohibited Mrs. Clarke ever to open Le;
the accusations that were the subject of their present mouth, or communicate in any way to him on the sl;ta
deliberations against the Duke.' Her object was to ject of army or any other promotions. Butit was ccl!
force. him to a compromise. She was, on that ac- m two instances that the House had before it undoub.-
count, not a perfectly credible witness. The only ed testimony that it had been done—namely, t:;cs
confirmative evidence was that of Miss Taylor, and capes of O'Meara and Clavering. The farmer lid
that only went to the corrupt dealing with, regard to net regard military promotion ; and the latter did nt
French's levy. With respect to this„ he would not succeed. These were not of that flagrant nature for
call upon the House to discredit Mrs. Clarke's tes- which his Royal Highness was to be stigmatised be
timony ; the question was, whether Miss Taylor's a vote of that House, and deprived of the comuun'd
memory was clear as to the fact? It was the evi. of the army. He had laid before the House the evi-
dence of a conversation respecting what might be sup. deuce as it existed, and -made those comments upon
posed to-have passed in a previous conversation or it which he thought it justified. He was ontident
communication of some kind' to which. she was. not that the House would weigh allahe circumsethces c:
present, or to which she was not privy. A confirma.. the case maturely and conscientiously, and he
was per.
tive evidence of this sort ought to be above. all suspi- seeded they would come to that decision which would
cion. In his opinion, the evidence of this lady did satisfy the country.
not come fairly to the fact.' But suppose it did, Sir SAMUEL. ROMILLY, in rising to address
what was its tendency ? Was it not that. his Royal the. House, declared it was not his intention to folloa
Highness had avowed his inclination to put an end to his Right Hon. Friend into many of the observations
French's levy, from which Mrs. Clarke had already which he had introduced into the speech he had just
derived so many advantages, and from which she finished. The subject under consideration he SAW in
might expect to obtain many more. Did it not go to a different point of view, from every person of the
cut up her hopes by the nixes ? Mrs. Clarke had no profession to which he belonged, who had expressed
reason to complain of French, at the time she is said his sentiments upon it. It was, therefore, incumbent
to have told the Duke that he behaved " middling" upon him not to give a silent vote upon the piestion,
to her. He had far exceeded the limits of his original but. to state to the House the reasons which in his
stipulation with her. Exclusive of the first £5OO. mind justified the vote he meant to give. He trusted
she had at this very time received 41350 more ; andi the House would allow him, not to go into all the
this at a period when French was a loser by the tree.- cases or to comment upon the whole of the evidence,
saction, and when it was uncertain whether it would;
,or even to endeavour to add much to the forcible ob.
go forward. Mrs. Clarke's evidence was not, in his nervations which had already been submitted to the
mind, sufficiently confirmed by other testimony to, House, an endeavour to which he felt himself line•
justify the House in proceeding on it. There were. qual ; but to point out those parts cf the evidence
only two cases to which the evidence of Mrs. Clarke. which had most weight with him in deciding his opi.
could at all apply; and iOnny credit was to be given., nion. It was impossible for him, upon comparing
to the testimony. of: Culsisel• Gordon, anditbe dom. these parts of the evidence—upon calling to mind the
snents produced by him, her influence had no share l'character, conduct, and demeanour of the witnesse,,,
'whatever in.effecting these promotions. None whol,mho had been .examined at the bar in the progress ai
believed these, could conscientiously say, that his: this business—upon weighing all the circumstances
,Royal Highness was cognizant:of Mrs. Clarke's cor- both of their testimonies, and their bearings upon the
'ruption. Thenouse ought to be careful to distill- •question under investigation, upon such a general
guislx between suspicion and certainty ; for such was view of the subject, it was impossible for him to as.
the frame of the. human mind, that mere, suspicion sent to the proposition of his Right Hon. Friend
often.suppbed the place, and formed the ground of (the. Chancellor of the Exchequer). That proposi-
belief. If the charges were fully made out, let them, don went to call•upon the House to vote, what in
not acquit Iris Royal. Highness; if they were not,,let, his conscience he could not assent to, namely, that
him be acquitted ; but let there be a decision one way .:there was no ground of charge against his Royal
or the. other; If a man were uncertain whether he Highness the Duke of York, on the score of corrup-
should believe or not, it would not be right for him to lion, or connivance at corruption. But before he
proceed as if he did believe. He would not take up made any observations upon that proposition, or
the time of the House in detailing the various incon-' +stated the reasons why he could not concur in it, he
sistencies in Mrs. Clarke's evidence.; but there was begged to say a few words upon the subject of the
one so glaring, that he must allude to it : she. stated original Address, which had been moved by the Hon-
that she did not begin to traffic in the sale of corn- Member (Mr. Wardie) who had instituted the pro•
missions until some mobths after she came to reside ceeding in that House. That Address contamecla
in 'Gloucester-place, when she first felt herself embar- prayer to his Majesty that he would be graciously
tossed. Now it appeared_ by documents from the pleased to remove the Duke of York from the cot;;-
Way-Office, that the application for Trench's leVy mand of the army. To that an amendment had seen
was made on the Ist of Feb. 180 t; and , she herself moved 'by his R ight Honourable Friend (the (.1:31.-
acknowledged that she had promised to support it teller of the Exchequer) substituting two Kesolutx:.•
•

r ac
. .
Duke behave to Mrs..,Clarjr..-lhe' .. . sof .4tet• . •
..b • aili '.The left
• - •
so much food, yet Ike whom ; - , . mto a
hijn .as he would Ilk Awl "Why, k {a ifewe• - . and ,
~ • , ty of
Inpd net cold bas.to.dsitatCet itt to think ogibill • , i: . jlPets; lithe' ' ' e s
to sender, infamous the sirogau sebum ter bis r- Amprges brought ,t '
pr‘seclAsieh love !te this* d dot nummir _ Ikt *ermine whethetiheY sh°u
had the hardihood se scud her t-74 message too whidb ' aA whether the amendment
taut bAv.e kcal Army, becausa the Dula's partisans; ba Opted (for thot.atnetutraei
hid it in their power to call sl* ineiseiter (Tiylw, lioni kilibsoPiit •bis ;Royal Hig
the shoe.makeil, to the bar, to dear it ; and yet corruption or corrupt payticipa
the74idiuit- Ath.y• -what* piston Si. this woman. eonse to a rrohttion that it wa

P. .

, .
f.r the r
i ~"114is,.6c.•Afsi*iot Vh/dt-Talled dron the cases he Onlibi tligie eAate ofjvire
"'
~e tivc:Je uisorctlie ' • ikor innocence of the testirtiony. 44V;Qrop ));a4,.)sien. taken,. at,
and th.tirit clution nittrned tbat Nue?' insisted on his Leitilfed rriend (Mr. b.
linu°kl.-e-olf°l'ork,
was. no ground brc"hai-ge , f corrupti-on Of IrC
On 2 'ton) On. a fotttler .rnit.agaiust her evidence, as that
there
A his Ro3jal liiuhness. To thriairiaid. 'Of ' ...._
But whit ;. - weight

n accomplici. _
nuance against
me^
n • •
ther atnendnient hat:l-Since-bee trrie to n objection •fp njeci u)
t .1110
• --hole (4-his Right H bie

At 4tas the true . of)
The consideration of her

an
lear, ''3t the who: --- -.51.'t_11.6119,ur,,-, _ _Ad's 4 haytn. g been an accornslipe, or how had she been an
aro: lilt:lent, in order to substaine fir. it ant:00;6;1W- acconip,ice 1 kw:is alledged that she had influence
are,,, 'Living the same
.objects •as`the-toinsee one, with' the Commander in Chief ; that she exercised
though riot proceeding upon the dime grounils but this influence by recommending persons for military.
CrA-in., for the removal of the Mike 'of YOrlt from promotions.; and that she was guilty of the immoral,
' • d f the arm;.:,
the
was the state 'of act of taking
.rponey,,for such exercise of her infle-1
the co' o
the vestion ; 'lnd upon a _ the -
.copsideration which once. What was them „na Able ,inanoraliii qCtatiqh
be. clod give the subject,. hisnyinion was, that. the conduct that could te to redderbettititl, ' - ifidlidl
amendments ought to be -negatived, and the Original in a case of the highest Public'
,importance, .an Con.'
Address adopted. As to the questiOri whether they - cernirtg a - person of the very highest rank in the
ought to address his Majesty. to rernove the Duke of state? . He for one believed that there were many.,
york from his command; he ihouldsay -that Pe' ciitild . men, who might incur a similar degree of immora-
net conceive a case in which'the House of ComrifOns llty, and yet would suffer any extremity rather than
could address for the tentryeatora pdblieservant - bear false testimony. There was nothing in the act;
from his situation, W not nit& the-evidence which however it wits to be condemned, to vitiate the cre-
they had then before 'them. Hevas'not able to col- dibility of the evidence of the guilty party. Here he
led fr.,ni the speech: of his*Right Hon. and Learned • should beg the indulgence of the House, whilst he
friend wi!o had just spelten, in what Way he meantI briefly stated the rule of evidence upon this head.—
to vote npou the -arnendnient: of his Right Hon: 1 The truth was,. that the evidence of an accomplice
TYlend ; but froth the tendency of; his argument, he Would be received against a prisoner in a capital case
ar uld apprehend that he to negative it. As '; —the evidence would be left to the Jury to determine
ti,e evidence had riot been fortified by those sane- ; upon the credit due to it, and the prisoner might be
tinns which hit-Lettrded -Ptiend deemed so necessary; ccavicted. This was evidence, however, which
decision,
ter a just he supposed 'he Would be inclined ; ought seickint to be resorted to, and should always be
to a middle course, 'betvietin the' alternative 'of left to a Jury, With a strong direction and observa-
uilty or net guitty,.arid the resolution which -Went ! don st its Credit. The case which had been
'to acquit the -Duke of York altdgether. For himself, i onoteint; the Noble Lord under the gallery on a
he wished to state shortly the ground on which his ; former night was perfectly in • point. In that case
vote 1r35 found'e'd. Theentestion then before theilouse I the parties-had been convicted upon the single testi-
ivas not, ivheiherhis 'Royal 'Highness was or was not mony, of an accomplice. • A similar case, reported
guilty ? No such question had been submitted to their in 'the same bcok, occurred, the following year at the
decision. 140 choice had been given to "the House. Old Bailey, in the.ease the ins against Durham. A
The Amendment of his Right HonOttrable Friend 'conviction took place updn the evidence Of an accorn-
vie the opportunity only of pronouncing that his plice, and upon reference to the Tivelve Judges, the
Royal Highness was not guilty. Here it would be conviction was confirmed as legal. The case in ,
necessary for him to say a few Words upon the prat- which the evidence of an accomplice ought and would ;
urinary question, Whether the Hatise was bound in have little or no weight, was, where he was an ac-
this
instince to (Wide Whether his Rayal Highness complice in a crime, a Conviction for which would ,
be guilty or not ? It had liecfi said, that as they had have rendered him an incompetent witness. (Hear,'
entertained the charges, they were bOund to decide hear.) Now Mrs. Clarke was not under any such
upon the guilt br irinoceitee of his Royal Highness, imputation, and consequently, though her evidence •
in order that posterity tniy trio*' when they should was not to be credited, 'unless confirmed by other
see the 'charges on the journals,, siritether his It opal testimony, still she was neither an incompetent
Highness had been ieleittitted or not ? But he must witness; nor to be lightly discredited. As to the
remind the Hai*, that AO Cli*iges hid been for- contradictions which had been so much dwelt upon, 1
tiially fiteferted against' his Royal Highneis in wri- in the comparison • :of Mrs. Clarke's testimony I
ring.. The Hortnutahle Mir:fiber with whomthe in: with that of others, and with different parts of her !
iestigaticin originated had,in his opening speech, not Otm, with the exception of . that. respecting the
brought foinlita charges, but stated facts ; and, upon £2OO Bank note,' and one or two others, he thought
such facts being stated as Were highly diiadvantage- they were all immaterial, riot undoubtedly as to her
bus to his Royal Highness, the House had. appointed credit, but as to the facts charged against the Duke 1
a Committee, norto consider specific charges, but to of York. - In courts of justice where the opportu- I
investigate the conduct of his Royal Highness the nity of cross-examination gives the means of -finding
COmmander in Chief, as to the facts alledged. 1:5-pon, out and sifting all that a witness knowik and of milk-
thi* subject, the argument of the Noble Lord (Polk: Mg him contradict himself; if he meant not to give
stone) under the gallery, on a former night, was un:: 'honest testimony, -if he -ihnulsi cotitridiet hi in
inswerable. If charges there were, where was the circumstances not material, it !timid not set his eve-1
record of them ? It was no where to be found, and dente aside, though it *mild. impair his credit. - . But
posterity would in vain lock far a trace of their exis- in such a case the witness calls'Goo to witness his
tence, if the question were to rest where it then was. statement, and stakes his salvation on his veracity.
But it was argued, that, as the facts had been stated In the examination, however, before that Hon*, the ,
to the House, they wort bound, itr justice to his declaration Was not made under the same circtin
Royal- Highness, to decide upon them. Yet ific)the
.stances ; nor was the immorality -the same in a con-
letter of Ins Royal Highness, so far from calfineiroe tradiction at their bar, and a contradiction upon oath.
a decision, he deprecates a decision, and desires that Mrs.- Clarke, he was ready to admit, had given evi-
1.
they may refer the matter to -another. .tribunal.— dence which was exceptionable; but he contended,
(Hear, hem, hear, 1)—In tkit urifortimate letter, which i that she hiffl not sheared any disregard of truth or
proceeded from the very worst advice that had ever falsehood. Much had been said of her fascinations :
yet been give il ttitreon in the situation of his Royal but he must confess, that her first appearance at the'
Highness, there st4eralpiissages highly objec- bar had made an unfavourable impression i pre
tenable, to which he should snot then snore pertmu- "him ; Which, perhaps, might inane arisen from his
larly allude ; but there eras one part to Which he wee want of sensibility. - Her manner "df giiing her evi-
stations w dilect: the attention a the Hotise in con- dence *at not guarded, as it would if she came to
firmation of what he had just stated:: -The letter it- give studied testimony. She gate her testimony with
self he wished he had the power to expunge from the a levity And impropriety of conduct which shewed
Journalsof the-House, andtoblotout friatri-fhe memory iliat she was not misrepresenting the truth. No doubt
of all its Members—(Hear, hiar,'heeir!).—The part she had been encouraged in this course by the notice
to which he alluded was this : .• the House tot kof her replies, by sometimes laugh-
., My consciousness ofinnoeenee leads me confidently to hoPo ing.at them, which she seemed to construe as appro.
that the House of Connuons will not, upon such evi knee as they bation. But whilst the carelessness of her manner
have heard, adopt any proceedings prejudicial to my honour and .
snewed the sincerity of her evidence, the knowledge:
chnzeter ; but if, upon such testimony as has been adduced
aping me, the House of Commons can think my innocence quea-, that if she prevaricated she would be sent to New-.
iinpable, I claim of their justice that I shall not be condemned gate, a visitation of which she had been sometimes
~..;:h,,ui trial, nor be deprived of the benefit and protection which reminded, operated as a sanction to make her tell
is :forded to every British subject by these sanctions, under the truth. The difference was obvious between
sr;:ich alone evidence is received in the ordinary administratiOn
c; rip. law "—( Harr, hear, hear!) her manner of giving evidence and that of Meisrs.
Did the Hon. Gentlemen mean to insinuate by their Donovan and Sanden, who obviously - meant to
cl,eering that his Royal Highness deprecated that de- : give such testimony as might be beneficial to their
cision which they were called upon to make? A de- own interests. (Hear! Hear!) He had made these
determination or declaration of ' general obser'vaticms In order to shew that the objec-

as St:

o 1,11 must Mean a :el
or not guilty. But the only alternative afforded
t,‘ the House was the alternative of acquittal. If
Gzatlemen meant by decision to determine whether
oraot his Royal Highness-should be sent to trial, he
s!:culd concur with them, though he must observe
that it was a new meaning for deciding in a judicial
lioi*e, to say, we shall decide whether the case. shall
5,-O to another tribunal to decide. iftlacy were to por-
ne the course pointed out in the letter, the first pro-
position for them to consider would be, whether or
10t,.UpOn all the evidence which they had before them,
they could take upon themselves to, say, that there was
00 round of charge of corruption or criminal conni-
'lnce. against his Royal Highness ? He could not
Re why theWcias" Crinihial gad been
introduced at all, unless it was with a view to the par-
ticular impression which exists on the initscli of some
:ew Members of that House. But the real question
H.ether the -Hotise could say that there was no
charge against the Duke of York? It was a
duty to declare his opinion; but painful as it
s. he could not but add, that he could not say there
• •
nn gonad of. charge, or that he disbelieved all
eylJonce which had been produced. He knew
''• %%Tug objections had been urged against the
of the testimony ; but he had considered
•!il Jiligently ; he had. endeavourd to take into
"".s.;'ll. the arguments on.both sides ; and he was then
:'''Feted to state the strongest points • as they struck
N the most attentive examination of the evi-
-1 lie was ready to admit that Mrs. Clarke, the
•!1!(,pal witness, had been influenced by resentment;
came to the Bar of that Horse • still enter-
' that resentment; that she had been contra-
r vimesses of credit, and contradicted her-
"'r ; yet he would state some reasons why he
her .testimony, • in the main, to be' be-.
-sould allow that her testimony was not
i)t credited except when confirmed by dther testi-
Ay, and, in order to ihew hOw fir that was the

PerKea; xoesfiaed their children to her care, in fa-
your of.
. .
T4ike4ihilit,y. What had since happeued,

at'bythe Nobler Lord ( Folkston) in the . re-
„roil of these children, Was an additional evidence
to her credit, by spewing that she had been confidol
in. She had no interest in giving false testimony.—
.He could not imagine what interest she could have to ,
giveifalse evidence.against the Duke of York. .ties.
connection by alliance with Mrs. Clarke wag' not
strong enough tb induce her to such conduct. What ;
interest then could influence a young person at the
bar to give such false testimony, except they were to
imagine she had been . bribed, and was a suborned
witness ? Would.any Court of Justice say under such
circumstances, that she was so hardened in guilt, and .
so steeled against remorse, as to conduct herself in
such a manner ? and was k to be supposed that be-
fore
the assembled representatives of the nation she
had borne false testimony against the son of the King? i
It was really impossible that she could have been
guilty of snch enormity. If credit then was to be given;
to her testimony, the House would observe what
would be the consequence. Miss Taylor had stated
that she heard the Duke of York ask Mrs. Clarke, at
the time he remarked that Colonel French was teazing
him, " how does he behave to you, darling?" If the
Commander in Chief meant by that question, as his
Learned Friend had argued, to ask only whether Co-
lonel French was teazing her as he did himself, why
had lie not directed her to shut her door against his
applications ? But why should the Duke of York have
known at all that Colonel French saw Mrs. Clarke ?
(Hear, hear, hear I) Why ask her how does he be-
have to you ? Could any body suppose that that ex-
pression had any other but one meaning ? viz. Is lie
liberal to you ? Does he supply you plentifully NVNI
money ? In getting the money, Mrs. Clarke might
very well tell the Duke of York she wanted it for the
purpose of removing the difficulties of which Flie
was in -the habit of complaining to him. It had
been said that Colonel French had given to Mrs.
Clarke much more money than by agreement he
was hound to do ; but that was nothing to the
question. The payment of the money, and the pri-
vity of the Duke to the transaction as proved by
Miss Taylor's evidence, were the principal considen-
tion. As to the discredit affected to be thrown on
Miss Taylor's testimony to this fact, in consequence
of the conversation having taken place four years ago,
and the improbability of any distinct of perfect recol-
lection, particularly of conversation, after such a lapse
of time, he need only observe, that what pas;es in the
presence of superiors generally makes a deeper im-
pression than what passes amongst equals, and that
the nature of the conversation was such as to be tena-
' ciously remembered. The next point in the evidence
`to which he should refer, was that about the note
respecting Major Tonyn, and a most important
part it was. In his mind there could be no doubt
that this note had been written by the Duke of
York. if he were acting as a Judge, under the
same sanction of an oath as Judges do, and to de-
cide whether the life of a fellow-creature was to
;he sacrificed upon such .evidence as that, he could
not have the slightest hesitation in deciding.—
; Ail the Gentlemen well acquainted with the hand-
; writing of the Duke of York proved it to be his ,
hand-writing, except General Brownrigg, who, when
pressed, said only that he did not believe it to be the
Duke's hand-writing; that he would not swear that
it was not. (Hear, hear, Agar.) If the Duke of York
himself saw the note, he was sure he would be as
Much surprised at the sight of it as Mrs. Clarke had
been, but would allow it to be his own hand-writing.
All the Gentlemen, too, who were experienced in the
distinction of hands, and had been examined atthe bar,
Concurred in the same testimony. But here he must I
beg of the House to reflect upon what it had done in
calling upon such evidence to be examined at the
bar. Never had e-.4.dence of this description been coun-
tenanced in a Court of Justice. One instance, indeed,
had been stated by the Noble Lord under the gallery,
(Lord FoLxsToNE) when such evidence had been in-
troduced into a Court of Justice, but then it was for
the.purposeof proving whether a particular paper was
the hand-writing of a particular person, but never
to prove that' it was not. What, he would ask,
would be the. consequences of such a pernicious
precede/It ? A man need now, if that principle were
to be acted upon, only produce a different paper
of his own handwriting, to vacate an instrument
of his own execution, by
_calling such-Witnesses to

ojt,
lions to Mrs.'Clarke's testimony, though considerable, I prove the difference of th'e hand-vriting. What and
were yet not of- weight sufficient to-destroy her testi- how much more.. mischief might not the prece-
mony entirely: The evidence. site had given was dent do in criminal cases ? He h td, when the pro.:
such as he had never either heard-or read of in any j position was first made for calling these Gentlemei
judicial proceeding. She hadcome to their bar, sup- to the bar, opposed. it in liminc-, and he then repented
ported only by the testimony 'of Miss Taylor, and i that he had- not taken the sense of the House upon.
stated cases which at first appeared incredible, not the question. If he bad pressed his opposition to a
knowing of the existence of One Set of documents divu,ion, he was confident that he should have had
which were afterwatds produced, and confirmed her with him On the division all that numerous class of
evidence, and 'not -being allowed to inspect another Gentlemen in the House who had had a professional
set of documents which she knew to be Irt existence' education. If they were to believe that Miss Taylor
in the poisession•of Mt. Nichols. ' She knew, ht*. land Mrs. Clarke had been engaged in a conspiracy,
ever, &at these doeiririents would fill into the hinds 'and that Mrs, Cbirke could forge the Duke of York's
of Mr. Lowten, or Mr. Wi:kinsen, and Consequently hiad-v ■ ing; let them but recollect what means they.
be produced, and this circumstance had given her con- i wand have possessed.. to accomplish their diabolical,
fidence in her truth, and the correctness of her commu- purposes. This mite bad been sent from the Horse-.
nications. It had been said, that the whole *Of her case guards, and Ludowick Orramin had said, that he
had been produced at once ; but the House must recol7 'was frequently in thehabit of carrying notes from that'
lect, that there were some cases which she.did not men 1 place to Mrs, Clarke. This note was not like the letter
tion • that others had resnked out of the inspection respecting General Clavering ; it was a note upon'
of the papers, and one case bad been produced by ac- tlesissess and imported what had been done in conse-
cident. However, the contents of all the documents,,' quence Cif a note to which it was the answer. " I
•as well of those found in Sanden's burea% of w'bose received your note, and Tonyn's business shall remain
existence she was ignorant, as of thoiz which she ;as it is." What could be the meaning of this note,
knew to be. in the possession of Mr. Nichols, cortilbo- ' unless that the Duke had stopped the promotion of
'rated her testimony. be had unquestionably felt Tonyn in consequence of Mrs. Clarke's note ? This
sentment against the Duke of York, and came to the circumstance was SO strong that, giving full weight
'bar knowing that she laboured under the disadvantage Ito all the objectiots that had ,been urged, he
of being supposed to be influenced by it. There was could not vote -that his Royal Highness had not
not, however, any thing in the evidence to she w that been guilty of corruption. or connivance at corruption.
this charge had been brought forward in consequence ' —The next question was, whether the House of Com?. i
'of that resentment. There were two points so lire- mons should. vote an Address to .his Majesty for the
sistibly strong in the evidence, -as to render it im- removal of his Royal Highness from his command;
possible for him to say that there was no ground of ; upon even a suspicion of what had been proved
Charge against die Duke of Yr.'.-k. One of these evidence. If they were to go to an impeachment,
points was the evidence of Miss Taylor ; the other that would be a tardy proceeding, and in the mean
• teas die note respecting Major Tonyn. The evidence time the Minister Would remain in his situation. The
of Miss Taylor had been much objected to ;. hat., House had in, the last instance, respecting the First
dining the-whole of the examination, he had norpOk- Lord of,_ the Admiralty (Lord Melville) carried up
ecivca' thingthat'cOuld his testimony. itetsi.utions to the Throne, and procured his remowl,

1.,---

•
514 A y? rtibitm„. 4 iv-. Ikiry Atr.w 2 jialu n,:;
tirtiNnstlisve of hor hayrick had children intrust-i though not for any act done. in his ofics..ti Leircl4,,f
ad.. ft!, bgrice4.ro Nevin favour of her credibility. Ati the Admiralty,lsot in an office which !mimic! hol4 many
Waitslit.wpa,an evidence of gocid conduct and general • years before. He would. admit, •however;
rePutatign• %ad amounted to a testimony of so many i proceedings against that Noble person lista tiika

iiiuuded upon depositions t4tketi o4th bieVdre
.P.Arliarnentary Commistionerg.- Dllt if the fldtise

. proecal addres lily Majesty Tcir die ire-
val of a pJhlic servant, against whom saabwiiots
could be brought,.witbout -the poster of-etaxiitdrig
witnesses upon oatli----:ft!ieir hiquishorfal*ritetaiie in
pieviance of which they had the-imtfinfitY id n~tuire
into a Int 'es in all the clepal tar; ;lts ofthe etatl6ll4 rised
Ito appoint CommitteLs fin. that pilillnSt:ib In?* `that
iS now become a fiirm, should thus:berme/erect efeig4.
tory . for want- of power, to exetteiiir'ssfitivessesnpon
oath,-it was time to amend, the law,olParfament;,add
; apply to die other House to ago* in pawing atrAct to
render the powers of the Console's* sufficienetotheli ob. .
- ject. It had been said thatthe Deskeif Vorkoraito be
.consid:red as the meanest iittlividuol in the couht,4s' ;
but h.ui he been treated as the hirl, rest Peet? • •serptiose
the case to have happened to any Poerof-thelairdi who
might have been Commander lit Chief,- and that tl.e
same factshad been proved against hini, wonkinchtli. t
House have addressed that he should be removed from
his command ? A Right Honourable Gentleman had
' said that we could not punish a Prince of the Blood
;if not. determined to alter the succession. Why that
circumstance of the connection between the illustrious
; Sovereign on the Throne, and the object of this pro-
; reeding, rendered it impossible for them to pursue the
same course as in the case of any other subject. • i.•
would be the last man to admit that that House
should bend to public opinion without its walls. But
high as their attachments were to-The Throne, he
thought, that nothing should be dearer to them tha t
to maintain the character of that House. if one
the opinion should prevail that the of Com-
! mitts had heard of corruptions existing in the state,
! and heard of it with inditierence,•=if ever such an
impression should go forth, -and they should lo e
the confidence of the people---if they should on apy
4 occasion appear to be inattentive to the interests of
i their constituents, and the minds of the nubile 54., ld
he alienated from Parliament—if ever that fatal time
should arrive; no man could tell the consequences.
Never had he siren 2,vote with more reluctance than
ihe should that night:; and it would afford him the
1 highest satisfaction, if he could conseietstioder say
that no grounds of charge existed against the' itJt ke
lof York. His Honourable and Learned Friend (Mr.
Burton) bad attested the sincerity of Ms vote,•by an
affecting- allusion to his infirmities and age,: and the .
consequent impossibility that his vote:shot:id be in-
fluenced by any considerations of interest or any Views
of ambition. For his own part, he- could say,' that,
though he was not labouring under the same afflictic a
with his Hon. and LearrA 'Friend, yet he looked •
forward both for himself and Those connections to
whom be was strongly and tenderly attached, for
! future prosperity, and whatever might be the result
of the present question,he would have ever the heartier:
satisfaction to know, that he had no advantages ti
expect from the vote which he should- give that night.
(Sir SAMUKL, ROMILLY'I Speech concluded ennidit the
loudest clearings.) : • t
Mr. He SMITH regretted that in tlsreeNreselotions
there was no propositions which wottidstifivif the
House to a distinct vote of A ye-4itsd Iffe-at the
accusation. He:admitted that the I-Totise /rad-full
powers to proceed to the extremity of judgment; and
even to inflict punishment; buthedid not eorisiifetqhat
lithe sort of ex parte evidence given waS alfficieot-to in-
duce the House to believe there•-was that aeon' of tot.
nivance in the Duke, to justify-their lbilietsAg et-I*ws
cr punishment. (Mr. Smith spoke for a great ltngth
of time, but was so much interrupted by cough
.cg
I in the House, as to be almost inaudible in 'the-gal-
lery.)
The SOLICITOR-GENERAL, on risinetl
dress the House, expressed his conviction 111 it lie
would not have discharged the duty he Owed. to it,
:,were he to jot-bear making some observations on a
question of so peculiarly judicial a nature. His tines-
ti As he would reduce to three :—the Ist was;•What
case was necessary to form the guilt or innocence of
the Commander in Chief ? 2d, Whether he were griihy
or not ? and, Bd, If he were guilty what sort 'of ad •
dress should be thought most proper to cottirey` it :
Which of the addresses, he would ask, would he fre•
ferred ? W.ls it that which had for :ts object t a *al
removal of the Duke ; or that founded on the ccarge
of crimes which were eenied by evidence, Charge
which could not be ascertained, and •Nehicb warned
the House in fact to come to a precise deeTstlisi on
his guilt ? He could not perceive any difference' he

could not

tween criminal participauon and connivance. Tau
House possessed in itself the power of removal-in "anY
case short of crimes. He could not help looking iipoi
the Address. as extremely doubtful, and'engrafting
clause of criminality upon the accused. He understood
its object was, that of acquitting of personal corcuption
the Duke of York, yet
.in his mind it went a great
length, it concluded the full amount of both mgr. 1
and legal guilt, and was completely a contra fiCrio.l
in terms. If the Illustrious Personage stispctel Mrs.
Clarke of unfair dealings, in the way of comm;ssioni
and promotions, and yet proceeded to dispose of them
in a manner intended by such dealings, he tvlutd onsi-
der it as a case < f unaggravatedcorrnpti. Hethought
there was co sm.lll degree of complicatlM in ne Ad=
dress. Gentlemen ought to understand on vrh it side
they should give their vote before they proceeied t
dispose of it. His Honourable and Learned Friend
opposite had not precisely looked to the grounds on
which the Address was framed. In fact, while vot-
ing for the original Address, he came to a conclu-
sion which his own arguments had defeated. He.
had said he entertained doubts of the personal 'cot.-
rnption of his Royal Highness. .And would hinow
be prepared to vote for an address, charging hint with
such corruption ? If it was sufficient to state that this •
charge was groundless, he should either vote for the
negative in that case, or state the affirmative to
the contrary. And yet he came to a coOnehisinn
merely; as witnesses were not examined—tPun'otitli.
Thus, he would not allow• that the :contradictions
should be taken to be verified in the same manner.— .
The Learned Gentleman next proceeded to animad-
vert upon the evidence of Mrs. Clarke and Kiss Tay-
lor, between which he drew :dine very wilted: dis-
tinctions. Mrs. Clarke's evidence was'lstithotit any
corroboration, except in one er two rierlicttlars by
Miss Taylor. 144 taking it upon the whole, there
was not a syllable of it which went in any measure to
prove that the Duke of York was pr.vy to these corrupt