censure the idea of there being a systematic conspiracy to calumniate the duke of York and the Royal Family; and who stated that ministers and the law officers must be much to blame for not instituting prosecutions, if such a conspiracy really existed. He was somewhat surprised at the course which had been taken in the debate by a noble lord (Lord Folkestone), who suffered the original motion to be carried nemine contradicente, and afterwards spoke against the course which the house had adopted by that resolution. For his part, he thought that every possible publicity should be given to the proceedings upon this important occasion. It was a proud situation for the constitution of this country, as well as for the illustrious person who was the object of this accusation, to have a personage the most exalted in rank of any subject in the realm (except one), desiring the same publicity in the examination of the charges against him, as would take place in the case of the lowest and meanest subject. Although every gentleman would perceive that the house would suffer great incon. venience in being obliged to devote to this examination so much of that time that was wanting for other important business, yet it would be better to suffer that inconvenience than suffer calumnies to rest upon persons in the most distinguished and important public situations. He thought the house and the country should feel indebted to the honourable gentleman who brought this matter forward, as it was reducing those charges, which had been so often made, into a tangible shape and a form upon which a regular de cision might be had. It should be recollected, however, that every charge which had hitherto been made in that house against any part of the conduct of the duke of York, had only tended to raise his Royal Highness higher in the estimation of the public, and exhibit in a clearer view the purity of the principles upon which he acted. With respect to the doubt which the honourable gentleman (Mr. Whitbread) seemed to entertain, of the existence of a systematic conspiracy to traduce and calumniate the duke of York and the other members of the Royal Family, he should ask who was there that read those newspapers which are daily presented to the public, and those other publica tions which come before them more indirectly, that could entertain a doubt of this systematic conspiracy? It was evident that the same party, who in times past endea, youred to subvert all the, cotablishments of the country by

force of arms, are now endeavouring to undermine them. by calumniating whatever is exalted in rank, or distinguished in situation. That party could not now think of carrying their object by force of arms, as they knew the attempt would be too desperate and dangerous in the present times, but they were unremitting in their exertions to prepare the way to the objects which they hoped to accomplish, by calumniating the members of the Royal Family, and all persons in eminent and distinguished situations. The honourable gentleman asked, what were ministers and the law officers doing, or why they did not institute prosecutions? The fact is, they have instituted prosecutions; but their entire time would be taken up in prosecuting the Jibellers of the duke of York, if every libel was to be prose cuted. There was also one reason which often prevented prosecution. It was in the power of any man of moderate uuderstanding, and who had any legal knowledge or advice so to frame his calumny, that it might deeply wound the feelings of the person who was the object of it, and yet the malice of the calumny might be so disguised under the mask of fair discussion, as to make it difficult for the law to lay hold of it. There was another way in which Jibellers might escape justice. When the law was going to be put in force against them, they shrunk from the laws, and quitted the country. In a very remarkable recent case [here the noble lord alluded to Major Hogan], before the promulgation of the libel itself, the author had secured his passage to America. The house and the duke of York were now in a new situation, and be congratulated them and the country upon it. There was much more chance of mischief from malignant misrepresentations out of that house, than from direct charges brought in a fair and manly way in that house. As those charges had been so brought, he thought it necessary that they should undergo the most solemn, serious, and public investigation. He thought the greatest possible publicity should be given to this examination, and that every step of it should be in the face of day. He was, therefore, not for leaving it to any select committee, nor even to the twelve judges, nor to any thing short of that full and open examination, which might be had at the bar of that house. He therefore trusted the house would adopt that course.

Mr. Whitbread said a few words in explanation.

The question was then put on the motion of the Chan

cellor of the Exchequer, " that the committee should be a committee of the whole house," and was carried without a division. It was then ordered that the committee should sit on Wednesday.

The Chancellor of the Exchequer requested the honourable gentleman (Mr. Wardle) to furnish him with a list of witnesses to be summoned, and wished to know whether the honourable gentleman meant to begin with the case of Major Tonyn?

Mr. Wardle said, that he was not now prepared to say which of the cases he would begin with, as many of the witnesses were officers on their return from Spain, who had not yet arrived in England. He thought, however, by Tuesday, that he should be prepared to prove some one of the cases, and would on that day give the list of the witnesses who were to be summoned.

The Chancellor of the Exchequer thought the honourable gentleman would have done better if he abstained from bringing his charges till he had all his witnesses in England. Adjourned.

HOUSE OF LORDS.

MONDAY, JANUARY 31.

The Lord Chancellor acquainted the house that he had received a letter from Sir David Baird, expressing his gratitude for the honour conferred on him by their vote of thanks for his conduct in the battle of Corunna.

DUKE OF YORK

The Earl of Suffolk hoped for their lordships' indulgence while he troubled them with a few observations on a subject which was not properly before the house. He observed with infinite pain the daily attacks that were made on the conduct of the illustrious person who was at the head of the military establishment. So far from there being any foundation for such condemnation, he was persuaded that it was owing to the constant exertions of that illustrious person that the army had attained a perfection in point of discipline that it never possessed before. It was owing to this admirable quality that it was enabled to make a retreat of 480 miles, in the face of a superior army, and exposed to privations of every kind. So anxious was the commander-in-chief for the improvement of the discipline of the army, that he knew an instance in which a

lieutenant-colonel was compelled to sell out, in conse quence of his being incompetent to the duties of his si tuation. The noble earl concluded with expressing his approbation of the military college, an institution much wanted, for which the country was indebted to the illustrious person at the head of the army.

HOUSE OF COMMONS.

TUESDAY JAN. 31.

The Speaker acquainted the house, that he had receiv ed a letter from Sir David Baird, in answer to the com munication he had made to that gallant officer, of the vote of thanks, passed on Wednesday last, to him and the army under his command, which he should now read ac cordingly. It shortly expressed the thanks of Sir David to the house for the honour thus conferred on him and the army under his command, and a high sense of the ap probation of parliament. It requested the Speaker to make those sentiments known to the house, and particularly thanked him for the very polite and flattering manner in which he had conveyed the sense of parliament.

The Sheriffs of London presented at the bar a petition from the lord mayor, aldermen, &c. praying a bill to allow further time for the purchase of houses, and other operations necessary in widening the entrance to the City at Temple-bar.-Petition received, and referred to a com

mittee.

Alderman Shaw presented a petition from James Jackson and James Mc Gowau, praying a bill to protect them in the exclusive rights of an invention to secure woollen, cotton, and paper manufactures from mildew, and render them impervious to rain.-Referred to a committee.

The Chancellor of the Exchequer moved the thanks of the house to the Rev. Charles Proby, chaplain of the house, for his sermon preached before them yesterday, at St. Mar garet's church.-Agreed to.

SUPPLY.

The Chancellor of the Exchequer moved the order of the day for the house to resolve itself into a committee of supply, and that the speech of the lords commissioners be referred to them.-Ordered, and the house resolved ac cordingly.

The Chancellor of the Exchequer moved a resolution, that it be the opinion of this committee, that a supply be granted to his majesty: which was passed.

THE COMMANDER IN CHIEF.

Mr. Wardle wished to call the attention of the house to the subject appointed for the investigation of the committee to-morrow, in respect to his royal highness the commander in chief. He understood that some of the witnesses whom it would be necessary for him to examine touching this inquiry were not now in London, particularly Major Knight and Major Brooke; and as he wished to adduce such proofs as would place the truth of the statement he had made to the house beyond the possibility of doubt, he trusted the house would not expect him to go through the whole of his case without the attendance of those witnesses he thought necessary. He was ready, however, to go into the inquiry to-morrow or any other day the house.thought more proper, with such witnesses as were in readiness to attend. But he hoped the house would indulge him with some further delay in respect to those points, to establish which the necessary witnesses might not be immediately forth-coming, and permit him to move for any additional witnesses to those he had already named, and whom he should deem requisite in the progress of the business. The witnesses, for whose attendance to-morrow he should now move, were Lieutenant-colonel Knight, of the 5th dragoon guards; Major Brooke; Dr. Andrew Thynne, of Bernerstreet; Robert Knight, Esq. of Dean-street, Audley-square; and Mrs. Mary Anne Clarke, of Westbourne-place, Sloane-square.

Those several person were accordingly ordered to attend, as was the proper persons from the office of Messrs. Cox and Biddulph, bankers, with their banking-book for July last. It was also ordered that Mr. Biddulph, a mem ber of the house, do attend in his place to-morrow.

DEBTORS IN EQUITY.

Sir Samuel Romilly, pursuant to notice, rose to bring forward his motion for leave to bring in a bill for extending to debtors, confined upon the orders of courts of equity, the benefits of the act of the 32d Geo. II. commonly called the Lords' act. The learned member shortly explained the nature and objects of this bill. Previously to VOL. I.-1809.

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