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VOL. XV. No. 12.] LONDON, SATURDAY, MARCH 25, 1809.

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"That all who profess want of co fulence in the Chiefs of the people, or of the army, who make pasqui"nades, excite riots or disturb mees, shall be inmediately apprehended, and carried before the newly"appointed judge of the police, Dou Santiago Penicela, who will pass judgment according to the times "and critical circumstances of the county. Imposing the punishment of death he shall consuit me.”PALAFOX'S Proelamation to the Aragonese.——— Nota Bene: Palafox has been since beaten, and the Arragonese have, the French say, received them with open arms.

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Napoleon is on the throne of Spain. He may establish, all over the country, judges, armed with powers similar to those of Don Penicela; but, it is not easy to conceive, that he will be able to surpass those powers.

Hind; every cue sees this; but, there are, and will be, some, who will affect not to see it, and which affectation they will persevere in to the very last." Hate the French, or we will punish you.' Oh, "O! say you so," answer the people in their minds, "Why, then, what have we to "feur from the French more than from

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DUKE OF YORK. (Continu from page 412.) BEFORE I proceed with my commentary upon the published reports of the proceedings in the House of Commons, I cannot help directing the attention of the This is not the way to fight the French; reader to the passage, which I have taken this is not the way to preserve countries for a motto. They will find in it the from being conquered by Napoleon; this practice of what the venal herd of writers is not the way to engage the people in a amongst us, are so strenuously inculcating hearty co-operation with the government; in principle; and, they will not fail to re- and, those, I think, must be blind indeed, collect, that, every where, the French who do not now see, that, without such have been opposed by similar practices. co-operation, no government will be able Is it any wonder, then, that the French to stand against the arms of a powerful should have succeeded? If a want of con-invading enemy. There is no one so fidence in the chiefs of the people, or of the army, was to be a crime; if to make pasquinades, that is to say, to ridicule those chiefs, was to be punished with death, perhaps; if such were the powers of Don Santiago Penicela, and Don Palafox, the poor people had quite enough to do to keep themselves out of their clutches. It was useless, entirely useless, to endeavour to scare them with descriptions of the character and conduct of the French; for, how were they to form an idea of any thing worse than what they had? King Joseph might be very ingenious in his inventions for keeping the people down; but, was it possible, that the people could conceive, that they could possibly fall lower than that state, in which to profess want of confidence in their chiefs was to subject them to a fair chance of the halter? And why; for what reason, should Palafox be afraid of the effect of pasquinades? It has always an ugly look, when men, in power, set that power to work to stifle remarks upon their characters and conduct. The Supreme Central Junta, that is to say, the general government of Spain, began their operations by a proclamation, or decree, against "the "licentiousness of the press;" and, we see, that, notwithstanding this, Joseph | OUCHT TO BE DEPRIVED OF THE COMMAND

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you?" Thus it has been all over the continent. Men do not like to be threatened with the dark cell, or the halter; and they will, because it is in nature that they should, not only run the risk of sacrifices, but will actually make great sacrifices, in order to obtain vengeance upon those, who keep such threats suspended over their heads.

In returning, now, to the discussion, relative to the Duke of York, I will first endeavour to give a clear statement of what has been done by the House of Commons, whose acts, in this respect, owing to the length of the debates, and the many motions that have been made, have been rendered confused.-FIRST, Mr. Wardle proposed an Address to tire king (see it, page 389), which address expressed the opinion of the House, THAT THE DUKE

KNEW OF THE ABUSES, WHICH HAD BEEN
PROVED TO HAVE EXISTED, AND THAT BE

OF THE ARMY; for which motion, when it, came to be put, there were 125, and against it 363. This, though not directly and explicitly, contained the charge of corruption, and for this one hundred and twenty-five members voted, not including Sir Francis Burdett, who was so ill as to be compelled to leave the House previous to the division. The names of the members, who voted for this motion, I here record, in the hope, that my work will hand them down to the knowledge of their and our children.

Adams, Charles
Althorpe, Viscount
Antonie, W. Lee
Astell, Wm.

Aubrey, Sir John, Bt.

Bagenall, Walter
Baillie, Evan
Baring, Thomas
Baring, Alexander
Bastard, John Pollexfen
Bewicke, Calverley
Biddulph, Rt. Myddleton
Bradshaw, Hon. Aug. C.
Brand, Hon. Thomas
Brogden, James
Browne, Anthony

Byng, George
Calcraft, John

Coke, Thomas William
Colborne,N. White Ridley
Combe, Harvey Christian
Cooke, Bryan
Craig, J.
Creevey, Thomas
Curwen, John Christian
Cuthbert, Jas. Ramsey
Daly,Rt. Hon. Den. Bowes
Dickenson, William
Fellows, Hon. Newton
Ferguson, R. C.
Fitzgerald, Rt. Hon. M.
Foley, Hon. Andrew
Foley, Thomas
Folkestone, Visc. (Teller)
Goddard, Thomas
Gordon, William
Grenfell, Pascoe
Halsey, Joseph
Hamilton, LordArchibald
Hibbert, George
Honeywood, William
Horner, Francis
Horrocks, Samuel

Howard, Hon. William
Howard, Henry
Howorth, Humphrey
Hughes, William Lewis
Hume, William Hoare

Hurst, Robert

Hussey, William

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Langton, William Gore
Latouche, John
Latouche, Robert
Lefevre, Charles Shaw
Lester, Garland
Lloyd, James M.
Lloyd, Sir Edward Pryce
Longman, George
Lyttleton, Hon. W. H.
Madocks, Wm. Alex.
Mahon, Viscount
Markham, John
Martin, Henry
Maule, Hon. William
Maxwell, William
Milbanke, Sir Ralph
Mildmay, Sir Henry
Milner, Sir Wm. Mord.
Moore, Peter
Morris, Robert
Moseley, Sir Oswald
Mostyn, Sir Thomas
Neville, Hon. R.
Noel, Gerrard Noel
Ord, William
Ossulston, Lord
Parnell, Henry
Peirse, Henry
Pelham, Hon.C. Anderson
Pochin, Charles
Porcher, Josiah Dupre
Portman, E. B.
Prittie, Hon. F. A.
Pym, Francis
Ridley, Sir Matth. White
Romilly, Sir Samuel
Scudamore, Rich. Philip
Sebright, Sir John S.
Sharp, Richard
Shelley, Henry
Shelley, Timothy
Shipley, William
Smith, Samuel
Smith, John
Smith, George
Staniforth, John
Stanley, Lord
Symonds, Thos. Powell
Talbot, R. Wogan
Taylor, Charles William

Hutchinson, Hon. Chr. II. Taylor, William
Jackson, J.

Jacob, William

Kemp, Thomas

Kensington, Lord

King, Sir J. Dashwood Knapp, George Lambton, Ralph John

Thomas, George White
Thompson, Thomas
Tighe, William
Townshend, Lord John
Tracey, C. H.
Turner, J. F.
Vaughan, Hon. John

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In this List; this list, which is always to be kept in view by the country, there is one Military Officer, GENERAL FERGUSON, and one Naval Officer, ADMIRAL MARKHAM. SIR SAMUEL ROMILLY, and Mr. C. W. WYNNE, are the only lawyers, that I know of, in the list.-Mr. Wynne's conduct has been very good indeed; and Sir Samuel Romilly has confirmed all the good opinion which all men entertained of him.

The next division, not the next in point of order, but in point of importance, was that upon the motion of Mr. BANKES, for which, at full length, see page 392 of this volume. Upon this motion, which expressed, that the Duke must have had a suspicion, at least, of the existence of the corrupt practices, and a doubt, whether the chief command of the army could with propriety, or ought with prudence to remain in his hands; upon this motion, there were 199 for, and 294 against; so that, here were 199 members of the House, who voted, that the Duke must have had a suspicion, at least, of the corruptions, and that it was neither proper nor prudent to leave the chief command of the army in his hands.

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After this, the House adjourned until Friday, the 17th of March, when a motion by Mr. PERCEVAL, in the form of Resolution, was decided upon.—Mr. Perceval, as will be seen by a reference to page 390, proposed certain resolutions, to be followed by an address, which address will there be seen. -On the day to which we are now come, he new-moulded his resolutions, making one out of the two, and stating in that one, "That it was the opi"nion of the House, that there was no Iground to charge his royal highness with personal corruption, or with any connivance at the corrupt and infamous prac"tices disclosed in the evidence." There was an Amendment to this, proposed by Sir THOMAS TURTON, which being negatived, a division took place upon Mr. Perceval's Resolution, when there appeared ayes, 278, and noes, 196, leaving the king's servants a majority of only 82. So that, to the proposition, that the Duke had NOT been guilty of personal corruption, or connivance at such corruption; to this proposition, to this acquittal of the direct criminal part of the charge, there are 196 members to say NO.

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him than for him.If I were, at my
age, to set up a defence upon the ground
of infatuation, of being blinded by the
pas-
sion of love, would not the world laugh in
my face? Would they not hoot me oft?
Would they not turn up their noses and
the palms of their hands against me?-
As to the confidence, which Mr. Perceval,
in the close of his Address, expressed,
"that his royal highness would keep in
"view the uniformly virtuous, and exem-

plary conduct of his majesty, since "the commencement of his reign," not knowing any thing personally of the conduct here spoken of, I do not pretend to offer any opinion with respect to the general power and tendency of that example, upon the efficacy of which Mr. Perceval seems to place so much reliance; but, taking it for granted, that the example is what Mr. Perceval describes it to be, it can have escaped no one, that the Duke has had this example before him for the last forty-six years; and, whether it is likely, that the example will now begin its ope

The next division to be recorded is that, which took place upon the motion of Mr. BRAGGE; but, before we come to that, it will be better to stop, and look a little at the discussion, which took place on the 17th of the month.It was again, in this debate, urged, that the Duke, after the intended reproof, would reform; and, what sort of reproof Mr. Perceval had in view, the reader will have seen. As there is a most monstrous deal of cant in this, I wish to notice it somewhat particularly.This idea of a hope of reformation does, indeed, harmonize perfectly with all the talk about the Duke's being imposed upon; about his having fallen into the snares of an artful woman; about his being infatuated by her; and about his being blinded by the excess of his passion for her. The passion was not, however, so excessive, as to prevent him from casting her off, aye, and that, too, without paying her the promised pension, without redeeming her body from imminent danger of a jail, in about seven months after he had vowed everlasting love to her; nor was it so ex-ration upon him, is a question that I readily cessive as to prevent Taylor from carrying a message to her (said to be from the Duke) threatening her with the pillory or the Bastile. But, how stand the facts, as to the probability of his being imposed upon by this artful woman? To read these speeches, expressing confident hopes of amendment; to read the whining, sniveling expression of sorrow for the existence of the connection, which had led to these disclosures; which had led to this exposure; which had led to this what Mr. Perceval, in his Address, calls calummy on the Duke; to read these, who, that was unacquainted with the real state of the case, would not suppose Mrs. Clarke to be another Millwood, and the Duke another Barnwell? Who would not suppose him to be a youth of 17 or 18 years of age? An infant at law? A mere chicken? Who would suppose him to be nearly forty six years of age, and to have been a married man for about twenty years?|pared to the smallest of the acts of corrupThe Duke is three years older than I am; and he is two years older than a brother of mine, who has been a grandfather these two or three years past; while Mrs. Clarke, the artful Mrs. Clarke, is now, I believe, little more than thirty years of age. It may be, that the race of royalty, like trees and plants of the superior kind, require more time to bring them to maturity; but, then, let it be observed, that the Duke has had the command of the army for 12 or 13 years past, and that the argument of superior kind cuts deeper against

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leave to the reader.- -Before I quit this part of the subject, I cannot suppress the regret that I feel at perceiving, that, amongst many people, and those, too, who ought to know much better, the Duke is thought worse of for keeping a mistress than for any other part of the conduct imputed to him. This argues a most miserable, unmanly, pitiful way of thinking; it argues, that we are, as a correspondent expresses himself, a dwarfed nation; "that our virtues, as well as our vices, are "all diminutive." Not that I would justify, or excuse, or palliate, the conduct ofan adulterer, and especially of an open adulterer, and one, too, whose example was likely to have so mischievous an effect; but this vice, great as it is, under any circumstances, and especially under such circumstances, sinks out of sight; it becomes not worthy of notice, when com

tion, of low, villainous, dirty corruption, that have been, with what truth the reader will judge, imputed to the Duke of York. As to the former, there may, in some cases, exist causes that the world cannot know; but, there can exist no cause, other than that of sheer baseness of nature, for a man's doing that which has been imputed to the Duke, with regard to the trafficking in commissions and the like. In the debate of the 17th, Mr. ELLISON is reported to have" declared his conviction, upon the "whole of the evidence taken together,

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"that the Duke had been privy to the whole | "of the transaction." Now, if this was the conviction upon the mind of any man, of what consequence, compared to it, could be the circumstance of the adultery? Amongst the speeches most admired by me, during the prior discussion, was that of MR. CURWEN. It was bold, and yet - temperate. It led the way in good sentiments, and did the speaker infinite honour. In the debate of the 17th, the public will not fail to have seen a proof of great public virtue as well as of excellent good sense, in the speech of GENERAL FERGUSON, who is an officer of great merit; who, for his conduct at Vimeira, recently received" the thanks of the House; and who plainly" said, that, in his opinion, "it was not for "the honour of the army, that the chief com"mand should remain in the hands of the "Duke of York." This opinion; aye, this single opinion, will weigh down a thousand addresses from the " Military Club," in London, and of which Club we shall see more by-and-by.

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NING; and that, until in this last speech, he has never denied them, or given any explanation of them. On the explanation now given Lord Folkestone said: "With "respect to the supposed assertion of the "right hon. gent. of the charge of infamy attaching to the accuser or the accused"in what I said, I argued on the supposi tion that such an expression had escaped "the right hon. gentleman. As how ever, "he has so pointedly disclaimed and disa"vowed the expression, my observation "must naturally fall to the ground. I, however, beg leave to say, that it was "not from any document that I founded the presumption of his having used the expression-but upon what I thought I had "heard with my own ears; it however appears from the statement of the right hon. I gentleman, that I must have been mis"taken, and therefore I shall not notice "the subject further at this time than to express my surprise and regret, that the right hon gent. did not take the earliest opportunity of denying the use of the I wish to notice, in a most particular" expression, especially as I have not been manner, the speech of Mr. LYTTLETON, on wanting in affording him such opportunithe 17th; but, I must, in order to shew "ties." Indeed, his lordship had frequentthe application of a very interesting partly called upon him; and once, in a more of it, first go back to Mr. CANNING's particular manner, as the reader will have speech of the 13th, in which there are sc- observed, at the opening of Kennet, the veral things to notice.. "A noble lord loun-maker's case, when he complained,that (Folkestone) had, on a former night, Mr. Wardle had proceeded with the threat spoken with some asperity on what had of infamy hanging over his head, in case "fallen from him on the outset of this in- of failure, and that that threat remained quiry. He DENIED that he had said unretracted up to that very hour. Again, "that infamy must attach to the accused in his speech in the debates, he repeated "or the accuser, though he did say that it what he had said before. Sir Francis must rest somewhere; and it did rest with Burdett, in his speech also noticed it, and "that confederacy, of which the Duke of that, too, in a manner to move a stone to "York had been the dupe and the victim, speak. Yet, not a word of denial did "As he had in one instance been misre- we hear from the lips of Mr. Canning. presented by addition, he had in ano- -So! He said, it seems, that the infamy "ther been misrepresented by curtailment. must rest "somewhere," he did say that; "When he said that some men might be and now it does rest, he says, "with the "led to doubt whether the licentious:iess confederacy, of which the Duke of York "of the press did not overbalance its be- "had been the dupe and the victim." "nefits, he had added, that the evil was Dupe! Oh, O! what, a commander in "temporary, but the good permanent." chief a dupe " A man a dupe, old Now, whether the reporters did, or did not, enough to be a grand-papa! A dupe at misrepresent Mr. Cauning as to these two 15 years of age! A grey-headed dupe! points; these two very important points; This must be another "misrepresentaI cannot take upon me to assert, because I "tion," to be sure, especially after all was not present to hear the words uttered; that we have heard of the great vigilance but, in the news-papers, which I saw, of the Duke of York, and of his surprizing there was a perfeet agreement in the reports capacity for managing great affairs, and as to these points; and, the public will have for discriminating characters.Conobserved, that, it is not once or twice, but spiracy is now become confederacy. A mildmany times, that the words, respecting the er term; for a confederacy may exist Didarge of infamy, have been repeated; for very wise and good purposes. But, been thrown in the teeth of MR. CAN-really, it is somewhat sickening to hear, in

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of Mr. Perceval's Address, because, he said: "it was couched in language at once

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Mr. Tierney, when they were uttered, did, it seems, call to order, observing, that the king's name was used, in order to influence the House; and, will not the same objection apply to the publishing of them?

this case, even of a confederacy, after not the smallest traces, of any combination, of any sort, have been discovered to have respectful to the dignity, and tender to existed against the Duke of York. Every "the feelings of his majesty. That alone exertion has been made to discover such "was sufficient to recommend it. For on traces, and all have failed. Not a single "such an occasion, when the father as jacobin has been ferretted out, though all "well as the sovereign was to be addressthe old regular traders in anti-jacobinism" ed, would not every loyal mind figure have been put in motion. No, no, Mr. "to itself the peculiar circumstances of Canning, there is no confederacy. Mr. "the monarch on the throne. On subWhitbread gave you a true and very mitting such a consideration to him, beautiful description of the cant of jacobin-" must they not be impressed by the idea ism. There lies the source of the danger, "of the advanced age; of the inseparable and you may be assured, that you will "infirmities; of the exemplary life, and find no trace of it any where else. To "the many virtues of that illustrious perhave found out a club of politicians, with sonage, who, during the whole course books and papers, would have been worth a "of a long reign, had evinced towards jew's eye, just at this time; but, there is "the country such paternal feelings."no such thing. There are not the means These are topics, upon which to touch even of hatching a plot. The old, scrub- with a tender hand; but, these words I bed, battered writers about anti-jacobinism find published, in print; upon these words cannot earn salt to the meat that is given I will comment; and, if they elicit any them. Nobody will read their trash; and, thing that may give pain, let the consein time, they must absolutely die of hun-quence be upon the head of the publisher. ger. They have made many attempts to revive jacobinism; but they have all failed. They had found anti-jacobinism such a thriving trade, that they were loath to give it up. Buonaparté, when he put a crown upon his head, put an end to their calling. It was impossible, after that, to keep it up. They laboured hard to do it; but it was too disgusting, when all the world saw that the tide was turned into people;" and so on; but, let us come the current of military despotism.-As to the point of practice; let us come to the to the expressions about the Press, there acts. Now, the only way, in which, as might be a misrepresentation; but, then, we far as I am able to discover, for a king to must allow, that the agreement of the re- evince such feelings, is, in sparing the purses ports was unfortunate here again; and, of the people, and in most carefully watchwhat is more material, that the expressioning, that they be not robbed and plunderwas, if it was as it now stands explained, without any meaning; absolutely without common sense. "The evil was temporary, "but the good permanent." We say this of taking medicine; we say it some times of political conimotions; the existence of which are temporary. But, the press is always in existence, and always liable to be licentious." Unless, therefore, Mr. Canning should be able to make it ap-in justification of one Address proposed pear, that there are certain periodical re- to the House, I could have wished to turns of "licentiousness" in the press, his see a statement of the premises.As to amended expression, or explained ex- age and infirmity; if these are to weigh in pression, has no meaning. He gets rid of the decision of great and important matters the offensiveness of it; but he also gets before the House, uncertain and lamentable rid of the sense.— -As to the case of the indeed is our situation! "The king never Duke of York, as treated by Mr. Canning, dies;" nor can the law know any thing if the several reports be correct, it re-about the king's age and infirmities. The ceived very little benefit indeed. The objectors to kingly government, when they gentleman dealt most in the high strain dwell upon the dangers to be apprehendof rank and prerogative. He approved led from age, infirmities, and illness, are

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-Let me ask, then, how, in what manner, a king can evince paternal feelings towards the country? It is easy to talk of paternal feelings; to call a king the "father of his

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ed by any of those, who are in authority under him. I do not, under this interpretation, contradict the article I have quoted above; I do not say, that the king has not, thus, evinced his " paternal feelings" towards the country; but, I do say, that, when the having evinced such feelings was advanced as an argument in discussion, when it was used as an argument

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