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to be received by Mrs. Clarke, ac cording to the evidence of that wit

ness.

The hon. member next took a view of the case of SAMUEL CARTER, Mrs. Clarke's footman, and recapitulated the evidence on this subject at considerable length. Mrs. Clarke had stated that Samuel Carter had been in the service of Mr. Sutton, that he had entered her service recommended by Capt. Sutton, in which he continued till he received bis commission; that he was known to the Duke, and in the habit of waiting on her and the Duke at table with the other servants. With this evidence of Mrs. Clarke the testimony of other witnesses corresponded. It had been farther stated also in evidence, that in December 1801, Samuel Carter had been recommended to the Duke of York's office by Capt. Sutton; and on this recommendation it had been attempted to account for his receiving his commission. But it was to be observed, that he was not gazetted till March 1804, and that on the face of the evidence it did not appear that any other application had been made for him during that period, or that the original application had been followed up by any subsequent attempt to accelerate the object which was usual in such cases. On the contrary, it appeared that no application of any kind had been made during that period; and was it to be believed that a commission was to be gratuitously bestowed without any farther inquiry, at a distance of above two years and a half from the application, which had been received with no particular marks of encouragement, and which indeed, had appeared so hopeless, that the application had never been renewed. How could it be known at the Horse Guards that such a man was alive, or that he was not, after such a lapse of time, otherwise disposed of. Of these circumstances

there was no way of knowing but through Gloucester-place, supposing that the necessary enquiries were really made at the Horse-Guards, which, however, did not appear to have been the case. They could attribute, therefore, the commission gi➡ ven to this young man to no other cause than the influence of Mrs. Clarke.

In adverting to the case of Major TURNER, the honourable member observed, that it had been admitted in evidence by Col. Gordon himself, that the proposal of selling out by that officer had been rejected, in consequence of his royal higness ha ving received a letter from a Mrs. Sinclair, a woman of very indiffer ent repute. The familiarity subsis. ting between this woman and his royal highness had been proved by Mr. Greenwood, which was to be taken into their consideration in weighing the value of this similar interference. The Colonel of the regiment, a general of respectability, as well as the lieutenant-colonel, contradicted this letter, and gave testimony to the character and merits of Major Turner, which it might have been supposed should have satisfied the scruples of his royal highness; but this contradiction was not enough for the cominander in chief, and farther enquiries were stated to be necessary. The farther enquiries, however, respecting this officer are acknowledged to have done honour to his character, and he must maintain, that in the same degree they did honour to that officer, they reflected ignominy and disgrace on the persons making the enquiries, and forming a party in this business, knowing, as they did, the person from whom their information rame. There were some other cases till remaining, the hon. membr said, but having so long occupie. the attention of the house, he should not now enter into them, particularly as he did not consider them to be of

that importance as those he had noticed. His sentiments on the transactions, and on the result of the evidence now before them, he had put in the form of an address, to be presented to his Majesty, and which he should now submit to the house. In framing this address, he had endeavoured to express the sentiments it conveyed with all the respect and delicacy due to their revered and august Sovereign, and assured the house that he would be the last man to wound the feelings of that illus trious personage; but on the present occasion there was no alternative. In bringing forward this business, he had been actuated only by motives of duty, and he would leave it to the country to judge both of the Duke of York and himself; that it would form a judgment, he had no doubt, and by its decision he was ready to abide. The hon. member then concluded a speech of upwards of three hours, by moving,-

"That an humble address be presen"ted to his Majesty, humbly stating to "his Majesty that information has been "communicated to this house, and evi"dence produced to support it, of va"rious corrupt practices and other "abuses having prevailed for some years 66 past, in the disposal of commissions "and promotions in his Majesty's land "forces: that his Majesty's faithful "commons, according to the duty by "which they are bound to his Majesty

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and to their constituents, have care"fully examined into the truth of sun"dry transactions which have been "brought before them, in proof of such corrupt practices and abuses; and that it is with the utmost concern and astonishment his Majesty's faithful OC commons find themselves obliged, "most humbly, to inform his Majesty, "that the result of their diligent in"quiries into the facts, by the exami"nation of persons concerned, together "with other witnesses, and a variety "of documents, has been such as to satisfy his faithful commons, that the "existence of such corrupt practices and abuses is substantially true.

That his Majesty's faithful com

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mons are restrained by motives of personal respect and attachment to "his Majesty, from entering into a de"tail of these transactions, being con"vinced that they could not be stated "without exciting the most painful sensations of grief and indignation in "the breast of his Majesty: That the proceedings of his Majesty's faithful commous upon this important subject "have been public, and the evidence "brought before them is recorded in "the proceedings of parliament; and "that they trust his Majesty will give "them credit when they assure his Majesty, that in the execution of this painful duty they have proceeded That "with all due deliberation : "without entering into any other of "may be expected to follow, from the "the many obvious consequences which "belief once generally established, of "the prevalence of such abuses in the "military department, there is one

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great and essenval consideration in"separable from the present subject, "which they humbly` beg leave, in a "more particular manner, to submit "to his Majesty's gracious considera"tion, namely, that if an opinion "should prevail amongst his Majesty's "land forces, that promotion may be

obtained by other means than by me"rit and service-by means at once un"just to the army and disgraceful to "the authority placed over it, the ef"fect of such an opinion must neces

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sarily be, to wound the feelings and "abare the zeal of all ranks and des"criptions of his Majesty's army.

"That it is the opinion of this house, "that the abuses which they have thus “most humbly represented to his Majes- ·

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ty, could not have prevailed to the "extent in which they had been proved "to exist, without the knowledge of "the commander in chief; and that even "it, upon any principle of reason or

probability, it could be presumed that "abuses so various and so long continued “could, in fact, hove prevailed without "his knowlede, such a presumption in "his favour would not warrant the con"clusion, that the command of the army "could, with safety, or ought, in pru"dence, to be continued in his hands.

"That on these grounds, and prin"ciples, his Majesty's faithful comแ mons most humbly submit their opi

nion to his Majesty's gracious con“sideration,—That his royal highness

"the Duke of York ought to be deprived "of the command of the army."

"

Lord Folkestone seconded the motion. Mr. Burton rose,and began by observing that he conceived that he stood in a situation that peculiarly qualified him to give on this subject the inost impartial judgment, at least that enabled him to view it in all its parts without prepos. session or prejudice, being wholly unconnected with the Duke of York, having never received any favour from him himself, and having no friend or relative in the army that could create any expectations of favour in that quarter. Had he any prepossessions, indeed, they must rather be on the side of the accuser than of the accused. The hon. member who had introduced this inquiry, and who might therefore be considered as the accuser, he had known for these twenty years, and entertained the highest respect for. If, therefore, he could accuse himself of having any bias, it was not in favour of the person accused, while, like others, he had only listened too much to the opinion that had been propagated out of doors. He had determined, however, to meet this investigation with the greatest coolness, and as it sitting in the court in which he had the honour to preside, in a case where the meanest subject was accused. For this purpose he had closely attended to the evidence laid before the house in the course of the inquiry before the committee, and observed all the circumstances attending the several witnesses, as well as a person in his peculiar situation (being blind) could do. He had besides heard all the evidence read since it was delivered at the bar. This he believed, in a case encumbered like the present, to be the only way of arriving at the truth. In contemplating the evidence, as it was now presented to them, it was necessary to put the sinful part of the question entirely out of view. However much he might lament that his royal highness should have had any connection with a woman of this character, he contended that it was neither a subject for their discussion nor decision; and it was their duty to take care, from the place they occupied, that while they considered the sin against the public, they did not blend with it any considerations, from the sin that appeared in this case against God. They have only to do with the conduct of the Duke of

York as it related to the laws of the country. Thank God, it was not their province to judge of the breach of marriage vows, nor to interfere in domestic duties. He was no advocate for licentiousness of private character, or for depravity in life; but it was not their province to judge on these grounds. They must also, he contended, to form a fair and candid judgment in this case, disencumber it of all the extraneous matter which, in other respects had been adduced at the bar, and, confining their attention to relevant evidence only, sweep away all such other evidence as would not be received in any court of justice in the kingdom. Mr. Burton then took a view of the evidence in question, pointing out the inconsistencies and contradictions, more particu larly in Mrs. Clarke's; and having touched on the several charges, he proceeded to advert to that part of the case that related to the extravagant expenditure of the Duke of York. He (Mr. B.) had many years ago conversed with the gentleman who had charge of the tuition of two royal personages, he meant the Prince of Wales and Duke of York. That gentleman, in commenting on the capacities and dispositions of his illustrious pupils had declared in substance that he could teach them Greek, Latin, Arithmetick; any thing but the knowledge of the value of money, the use of a guinea; it was not their natures to learn the real value of money, nor could he be led to believe that the Duke of York could be tempted to be guilty of corruption for such paltry considerations us had been mentioned in the evidence, especially when he had such ample means within his power, no less than the disposal of upwards of cleven thousand commissions; this, to a corrupt man, would be a never failing source, it would be a sort of mill that would grind money when and how he pleased. It had not been so employed, and this was in itself a much stronger presumption than that on which the charge itself was made to rest. Was it to go for nothing, the way in which it had been proved that the Duke of York had instituted an inquiry into the money transactions of Mrs. Clarke? Did this look like a consciousness of partici pating in the emoluments of her traffic? For this inquiry he had appointed a person of the name of Lowten-one who must have discovered any proceed

ings of that nature if they had been going on. Corrupt men were generally surrounded by corrupt agents. Who were those in the immediate confidence of the duke?-Generals Lorraine and Brownrigg, and Colonel Gordon, a gentleman possessed of every quality that can invite and maintain friendship.Thus had he gone through the material points of this case, as far as his memory served him; and were he sitting in his own court, as a judge, he would feel himself warranted in declaring, were the same evidence before him in that place, that there was no ground whatever for any of the charges brought against the Duke of York. There might be, perhaps,some imputations thrown out against him, that his, opinion on that subject might be influenced by either a devotion towards ministers, or to any other quarter. He solemnly protested against any such imputations, and called upon the house, before they lightly gave credit to them, to consider his year, his personal misfortunes: after professing his disinterestedness, he expressed his disapprobation of the resolutions, and did not see why the house should abandon its prerogative of judgment in the first instance.

Mr. Curwen began by observing that be could not for his part, see the necessity of the hon. gentleman entering anto the professions he had done of purity and sincerity of intention. He (Mr. C.) disdained to make any such professions; he would leave it to his conduct to speak to the character of his principles; it was the less ambiguous text, and he would never be disposed to substitute vague professions in its place. He therefore did not understand why the hon. gentleman who had just sat down, had thought it necessary to make them, or why he suspected that he might be the subject of such imputations. In every view of the present question its importance was transcendant; nover, within those walls, had so important a question been discussed. It therefore became the house to look well 10 what the country expected from them-the eyes of England were upon them, and every man, as he valued England, should make up his mind, however painful and delicate the task, to discharge his duty to the people firm ly and conscientiously. He set out with insisting that it was not necessary to prove the actual participation of the

Duke of York in the corruption. If there had been evidence produced proving that great and shameful practices of corruption did prevail in that depart ment for many years back, he contended that, even admitting his inno cence as to the knowledge of such prac. tices, still his very ignorance of them was more than sufficient proof that he was an unfit person to fill the high and responsible situation he now holds. He would say, then, that the defence resorted to proved that the Duke of York (evening admitting his innocence on the score of corruption) was so remiss in the discharge of his duty, that in justice to the army, in justice to the public he ought to be dismissed from it. But the learned gentleman who spoke last had said a good deal upon the nature of that evidence coming from an accomplice; why, no doubt it was not so unquestionable as that of the witnesses not implicated, but where, he would ask, were they to find witnesses, or how come at the proof of corruption but from accomplices? How, but from those who were themselves engaged in corrupt practices? But was there nothing corroborating that sort of evidence? He did confess that he was astonished at the very partial and circumscribed view the hon gentleman had taken of the evidence. When the charges were first brought before them, he did believe that there was not a man in that house who did not wish from his soul that they could not be proved. But now, after the evidence has been gone thro', how few were there present who could from their consciences say, with the learned and hon. gentleman, that in that evidence there were not grounds for those charges. The first case was Colonel French's levy. Here he would ask but one question:-Why, after Col. Taylor's report, was Col. French per mitted to continue? Why not disinissed? Why so totally overlooked? Two hundred men in nine months! Could his royal highness have been deceived upon this point? Was it all a mistake on his part, owing to a deficiency of education, to his not having been taught to count, as the hon. gentleman seemcd so gravely to deplore? But taking the question in another point of view, for hitherto he supposed the duke innocent of corruption, and argued that his avowed remissness was such as imperiously called for his dismissai; but in

the other view of the question-whe- from them-they were not to be driven r not the Duke gave his sanction from it to search for legal distinctions, to corrupt practices, this was a part of or lose themselves in desultory discussions the cost on which the house was called upon forms. It was not an Old Bailey Un for its most solemn judgment. case-They, as representatives of the Lick then to Major Tonyn's case; the people, where not to be deterred from letter that had excited so much interest condemning what was criminal, by had been denominated by the hon. being told that they were travelling out gentleman a mysterious letter.-Could of the record; where there was crunithat honourable gentleman have seen nality, where there was corruption, he that letter he (Mr. C.) was sure he would not stop to examine the intricawould not have applied to it such an cies of the laws of evidence, or to square epithet. He never saw a paper more opinion with opinion, or charge with destitute of mystery. The evidence to proof, but expose it at once, without the authenticity of that letter was in waiting to ascertain from learned genthe recollection of the house. They tlemen whether it lay within the record Colonel Gordon when it was or not. After adverting to General Landed to him-they could not but Clavering's letters, and other parts of have been affected with his emotions, the evidence, he observed that the and have felt for his situation. The learned gentleman had told them of the answers which, as a man of honour he means to which the Duke, if corrupt, felt himself bound to give, were given might have resorted. The hon. gentlein a manner as if they drew drops of man had compared it to a null that blood from his heart. There was too a could grind an inexhaustible supply. circumstance which did not appear to Why, perhaps, such a source e of corruphin immaterial:-the paper on which tion might be so illustrated; but then this note was written was office-paper, it would be more just to call it a winda commodity not likely to occur to any mill-it would not go at all times; nor, one who would forge such a note.. In perhaps, could it be safe to set it a short, he did believe in his conscience going at all times. He, however, that that note was in the genuine hand- agreed with the hon. gentleman, that writing of the Duke of York; that it there was ample power, and he feared was his letter; and that that letter was too much opportunity, to abuse, and written for the sole purpose of preventing grossly abuse, the high trust delegated the money being returned. Here then to his royal highness; and therefore was one instance that went to prove the was he of opinion, that it was imposDuke's sanctioning corrupt practices; sible for that house to be too cautious, and if the house believed that, or any or to look with too jealous an eye to the single instance of such conduct, could manner in which the great means and they hesitate in agreeing to the resolu- duties connected with that bigh office tions? Was a man capable of counte, are disposed and administered. When nancing or conniving at corruption, fit the charges were brought forward he felt at any time to hold any, the humblest deep regret; but he felt much more in post under the government; but at such seeing how those charges have been suptimes as the present, was the second ported, how fully they have been esta subject of the realm to be allowed to blished. It was, indeed, a most painful fill the most important office under the reflection, that such charges could have crown, after he had given, with impu- been brought home to such a perso nity, such an example to the people of nage. He strongly felt for him. His Enigand-It would be a vain, a dan- situation must be infinitely more afflictgerous attempt to try to narrow their ing to him than the severest penalty of great judicial inquiry within the petty the law could be to an ordinary offender. limits of legal nicety-were they to be The loss of life cannot to him be for a driven from the grand object of national moment comparable to the loss of chainvestigation-to detect, trace, follow racter. He lamented it-he deplored up, and hunt out corruption, appear the conduct that led to it. He must where and when, and how it may, how again say he felt for him most sincerely; ever qualified, however disguised, or but he and every member in that house however sanctioned--this was their ob- must, upon this solemn occasion, do Ject-this was what their constituents their duty; there was no alternative; would expect, and had a right to expect it was in vain for them to shut their

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