Star.
London, England, 1809-03-15 00:00:00

4incss. I-k
thought it even necessary to cc-rue to
i'ekeel without delay, on the guilt or innocence of
ij„i4e; and that it was contrary to the dignity of
Hmse, not to come to one or other distinct de-
coli.F. observed, that there was no doubt
mind that the Duke of York had been guilty
cf ciiminal connivance and corruption ; and he
ready w meet the alternative of the Honourable
,:eal erl'nsite' and to say, that his Royal High-
„as guilty of corruption in the extreme.—
iv men had been convicted, and led to the gallows
less conclusive evidence than that which ap.
against his .Royal Highness. He believed,
the Duke of York, from toe first to the last, had
:etiare of the corruption that had been proved to
The speech of his Honourable Friend (Mr.
;thread) had, in his opinion, fully and clearly
red that point. For his own part, he was an
Tee to corruption in every shape, and was con-
that if the country uas to be saved, it must
meeting and overthrowing corruption that the
dr.:tien of Ow country was to be effected. He had
with attention to the Right Hon; Gentleman
had just spoken, but was not convinced by any
ieriment that had been used by hint. Entertaining
tif opinion therefore, which he did on the subject be.
fije He se, he could not assent to any proposi-
wiecil would have the effect of deciding that the
Duke of lurk was not guilty of corruption or conni-
raece at corruption.
eie WINDHAM had abstained Trom delivering
his sentiments hitherto to the House, upon the very
imputea subject them under its consideration, be-
owe he bad been desirous of profiting by the opi-
eicre, the judgment, and the abilities, of those
repose authority was of most value in that House.
hic felt that it was desirable for him to collect, in the
course of the discussion, the varying opinions of the
afercnt Members upon this important, delicate, and
ttillicult question, before he should venture to offer
any vim of his own upon it. If he ventured to
state :my opinion upon the subject, it was because
of the crisis of the proceeding at which the House
had arrived ; because of the mode of proceeding
wiiich was next proposed to be adopted ; and be-
cause very erroneous opinions had been formed
eielt that mode of proceeding. But before he
buld enter into this consideration, it would first
to necessary to consider what was the actual state
of t:-.e question. Statements had been made to
that House, rather than charges, which imputed
rniconduct to the Commander in Chief. An in-
spiry at the Bar of the House had been the con-
segreuee, end fair modes of proceeding had sub-
scgnentiy been recommended. —An Address to
his Majesty had been cm iginallv proposed, sug-
geeieg what measure should he .u.l.opted ; then came
tae Rcsclutien of the Right Honourable Gentleman,
e t.e Chancellor of the Exchequer), acluitting his
rleyal Highness altogether ; the thiid course was
tiett proposed by the Right Hollow able Gentleman
ea the ticor (Mr. Bathurst), and the last was the
Address of the lionourable Gentleman (Mr. Bankes)
containing an opinion respecting the conduct of the
Commander in Chief, and differing upon the whole
from the original Address. With either of these
modes of proceeding he was ready tQ concur, though
e could not assent to all, because, though he should
Let object to any one, it would not follow that one
mode may be preferable to all the others. It had

Deed said, that according to the amendment of the
Right Hon. Gentleman opposite (the Chancellor of
thc Exchequer), in order to a correct judgment upon
thc case, they should come to a vote upon the cor-
ruption or connivance of the Duke of York, and then
adept some measure of redress ; but not to involve
the two questions together. It was for the House to
consider how far the documents laid down justified
that course ; but he was confident that they would
Lot deliver any opinion upon the subject, unless they
should divide the question into the several heads
el:ich it contained. Upon a question of peace or
war, it was not possible to decide, unless the various
sabordinate questions respecting treaties and other
k:ser considerations should be previously and dis-
tinctly decided upon. But it might be said, that the
daily practice of all deliberative assemblies was against
tl,is opinion. Yet in judicial proceedings this ought
to be the practice. It the House were to be called
cpon to decide upon the question of coiruption or
coenivanc.2 —if to agree to an address for the remo-
nftlle Commander in Chief, why should it not
geinto the consideration of Sanden's case, of Colonel
French's levy, and of all the other transactions upon
which it was in the aggregate to decide ? Thinking,
ticrefore, differently 'upon this subject from his I-lon.
fecnd( Mr. C. Wynne) who had spoken that night,that
the Delo: of York was not to be condemned ; thinking
deo, as a judicial question there would be an end
o it, if that opinion stiOuld be entertained by the
i-10u,,e; he could not, however, consider himselt bar-
ree ;earn giving his opinion upon the question upon
any futore occasion. He was glad in that part of the
ci,c to give expression to his judgment. It was his
intention VI observe only in a cursory manner upon
ter: evidence upon which the case rested ; and here
I.: must notice the objections that had been made to
vdi.,us particular parts of that evidence ; but it was
ne: from any particular part, but, from the whole,
11:1: die value of the evidence was to be. estimated.
As die diseases of the human frame, which surpassed
al skill no remove, were the "opprobia medicortun,"
e:e imperfections of evidence, which no human
(eitild prevent, were the " ofifirdia juris. consul-
The Learoed Judge oply.site (Mr. Burton)
1;:n; slid, that the evidence of an accomplice was or
r 3 wlee, unless all the parts of it bore immediately
up(di toe guiit or innocence of the prisoner. In this
lie could net take upon him to say, that the gtateMent
110 t correct, though he was of opinion, that the
e, Nlmilid not be in all cases partially consider-
It had then been laid down as sound doctrine,
tLitthe "evidence of an accomplice ought not to be
ce:ved, miles; corroborated by unimpcached testi-
rr.nny. \Vas it meant by this, that the evidence of
such a wits:ess was to be proved by other means ?
1--p,n this head, his Honourable Friend did not appear
aim to have been altogether correct, when he said
taat.cridencc was to be judged of by its internal ere-
but the result of all the doctrine upon the
o'cl was, that though the testimony of an accom-
w;is impaired by that circumstance, his credibi-
'lY vould not be destroyed. His Learned Friend
Samuel Romilly ) had asserted, that persons had
ck,utienmeti and suffered upon such testimony,

zhncss•
witl
; 'AU
Howe, 11l
COKE
his mind
ci itnir
r: as ready to r
1, r.ll 01`1111s'
1‘ as gtt
Vidor men ha,
upon less col.
x,ared a qa;ns
I:1 It the Duke
b.:en :11v.tre of
6:ct• The sr
h
oxed that r
cam cont
tincLiJ, that ii
hs mating
alai; n of tht
.;,red with a
had just
p6ument that
ex opinion the
ti:c 1-1.; us
uoy. wi.ich ivot
Doke of lurk
yay.ce ccrrtt
WIND
hls sentiments
imputgia subj
cause he bad
:liens, the pi
whose author'
He felt that it
course of the
aferent Mcml
difficult questi
any view of h
stue any opini
of the crisis
had arrived ;
v.i;:cl; was ne
cause very t.
afro that TM
buld tinter
be ni.cessary
of 1:-.e quest
that House,
rni,cond act tC
qiiiry at the
segreuce, Ity.c]
scqnentiy bet
h:s Majesty
ges.ing N% I. at
ti-e 2 RcsclutitA
t t.,e Chancel:
tat plopesed
ea the door
Address of th
containing at
Commander i
from the on
modes of prot
could not.
rot Object to
wile may be
U.; said, tha
Right Hon. C