§ Mr. Gwyllym Lloyd Wardlerose, pursuant to his notice, and spoke to the following effect:— Fully aware, Sir, of the great importance of the subject I am about to submit to the consideration of the House, I most sincerely lament that my 180 abilities are unequal to do it complete justice. — But yet I trust that an ardent zeal for the welfare of my country, supported by facts strong and incontrovertible, will enable me to surmount every difficulty, and eventually to rescue the state from the baneful influence of a power which has long been exercised for the worst of purposes, and which, in fact, tends to endanger our ultimate security. To stand forward the public accuser of a man so high in rank and so strong in influence as the Commander in Chief, may very naturally be deemed no less a bold than an arduous undertaking. But, however bold, however arduous it may be, being determined that no consideration of that nature shall ever induce any hesitation or wavering in the performance of my duty either upon this or upon any other occasion, my mind is fully made up for perseverance. In the resolution I have formed, it is but reasonable for me to calculate upon the concurrence and co-operation of this House and the country. For, at a crisis of peculiar peril, when the great, if not the only means of our safety, may depend upon the judicious organization and able direction of our military force, every man in the community must feel a lively interest in the object which my motion has in view. I trust, therefore, his r. h. the duke of York will this night find, that however exalted his rank, however powerful his influence, the voice of the people, through their representatives, will prevail over corruption, and justice will be done to the calls of a long-suffering and meritorious body, to the best, to the vital interests the people. In the course which I am pursuing, I feel conscious of no motive but that of a desire to serve my country, and I am confident that none other can be fairly ascribed to me. The conviction of my mind is, and for some time has been, that unless the system of corruption that has so long prevailed in the military department be done away, this country may fall an easy prey to the enemy. Consistently, therefore, with, any rational feeling of solicitude for my country which involves my own connections and my family, it is impossible that I should sit silent, and allow the practices which have come to my knowledge, to be any longer concealed, from those who are so much interested in their character and tendency. It is upon these grounds, sir, that I am urged to offer myself to your attention.
181 The first point in the case which I have to stale, relates to the Half-pay Fund, which is an establishment under the direction of the Commander in Chief. This fund arises out of the sale of commissions vacant by death; by the promotion of officers not allowed to sell; or by dismissions from the service. The power of the Commander in Chief over this fund was constituted, and intended, for the reward of merit, either by the appointment of meritorious officers to the commissions which so became vacant, or by selling them and applying the produce of such sales to the redemption of hall-pay commissions, or to the Compassionate Fund. Here the power of the Commander in Chief over such produce ceases. If the commissions I have described are otherwise disposed of, the authority vested in the Commander in Chief is abused, and the objects of the Half-pay Fund are abandoned. Now, if I can shew that those commissions are appropriated to very different purposes, it will of course appear that such abuse and abandonment does take place— that merit is not rewarded— that the Half-pay List is not reduced— that the Compassionate Fund is not assisted. For the purpose of shewing this it is absolutely necessary to call the attention of the House to another establishment of the Commander in Chief's, which is quite of a different complexion to that I have just mentioned. This establishment, which consisted of a splendid house in Gloucester-place, a variety of carriages, and a long retinue of servants, commenced in the year 1803, and at the head of it was placed a lady of the name of Clarke. As this lady forms a principal party in several of the facts which I have to cite, I am under the necessity, however reluctantly, to mention her name, as well as that of others, in order to make out a fair parliamentary basis for my motion, and to satisfy the House that I have not brought it forward upon light grounds. In producing this satisfaction, I have no doubt of succeeding, and I assure the House, that I shall endeavour to avoid trespassing upon their time by the statement of more cases than appear to me necessary to the particular points which my motion embraces.
The first Case to which I have to call your attention is that of capt. Tonyn, whom I understand to be an officer of merit, and in alluding to him upon this occasion, I beg it to be understood that I mean no reflection whatever upon his character. 182 This officer, who held his captaincy in the 48th regt. of foot, was promoted to a majority in the 31st regt. according to the Gazette, on the 2d Aug. l804 For such promotion, to which, no doubt, capt. Tonyn's professional merit entitled him to aspire, he was indebted to the influence of Mrs. Clarke; without which he might have long looked for promotion in vain. To Mrs. Clarke, capt. Tonyn was introduced by capt. Huxley Sandon, of the Royal Waggon Train; and the terms of agreement were, that Mrs. Clarke should be paid 500l. upon capt. Tonyn's majority being gazetted. In order to secure this payment it was arranged, that the amount should be lodged in the hands of a third person, as agent to the parties, and this agent was a Mr. J. Donovan, a surgeon, of Charles-street, St. James's-square. As I shall have frequent occasion to introduce this gentleman's name to-night, and may be obliged to resort to him hereafter, it seems right that I should present the house with some information about him. It appears that Mr. Donovan was appointed a lieutenant in the 4th Royal Garrison Battalion in the year 1802, and that he was afterwards promoted to the Battalion. What the cause of this appointment and promotion was I have endeavoured to ascertain, but without success. I have however found, that the services of Mr. Donovan could not have been of a military nature. In fact, since the day of his appointment in 1802, he has never joined his regiment. But there seems to be seme reason for granting him a perpetual leave of absence, as he has been on constant duty in London. This gentleman was a member of the medical department of our army in the American war. If he deserved promotion, surely our medical staff is large enough to provide for him. What then could have taken him into the army? But to return to his pursuits in London— The 500l. lodged with this gentleman was paid to Mrs. Clarke, by capt. Huxley Sandon, as soon as major Tonyn was gazetted. Here it becomes necessary to observe to the house, that the regulated difference between a Company and a Majority is 1,100l. which should have been appropriated as I before mentioned. But how does the affair stand? Mrs. Clarke gains 500l. and 1,100l. are lost to the Half-pay Fund. This sum, however, of 500l. was paid by Mrs. Clarke to a Mr. Birket, a silversmith, in part payment for a service of plate for the establishment in Glouces- 183 ter-place; the balance for which plate was afterwards paid by h. r. h. the Commander in Chief. The positions which I hold to be clearly deducible from this case are these— First, that Mrs. Clarke possessed the power of military promotion. Secondly, That she received pecuniary consideration for such promotion. And thirdly, That the Commander in Chief was a partaker in the benefit arising from such pecuniary consideration. To establish the truth of this case, I have the following witnesses;— Major Tonyn, Mrs. Clarke, Mr. Donovan, capt. Huxley Sandon, and Mr. Birket's Executors.
The second Case I have to adduce relates to the subject of exchanges. Upon the 25th of July 1805, an exchange was concluded between lieut.-col. Brooke, of the 56th regt. of infantry, and lieut.-col. Knight, of tile 5th dragoon guards, through the influence of Mrs. Clarke. The agent for negotiating this transaction was a Mr. Thynne, a medical gentleman. The circumstances of the application to the duke of York were shortly these; Mrs. Clarke wanted some money to defray the expences of an excursion in the country; she therefore urged the Commander in Chief to expedite the exchange, as she was to receive 200l. for it. This urgent request was made upon a Thursday, and its influence was such that the exchange was actually gazetted upon the Saturday following. Mrs. Clarke in consequence received.200l. from the agent. This case then serves to shew— first, that, in addition to promotions, exchanges were also at the disposal of Mrs. Clarke; and secondly, that the purse of the Commander in Chief was saved by the supply which his mistress derived from such sources. The witnesses to tins case are, lieut. col. Brooke, lieut. col. Knight, Mrs. Clarke, and Mr. Thynne.
As a contrast to the preceding exchange, I shall take leave to state a Case of peculiar hardship which occurred within the last year: two meritorious officers, major Macdonald and major Sinclair, both of the first reg. of infantry, and both indisposed, were anxious to make an exchange— the one desiring, for the recovery of his health, to remain in England; while the other, from a similar motive, desired to go to the West Indies. These gentlemen sought their object by every honourable means. The most urgent requests, and the most respectable recommendations were made in their favour, but 184 in vain. No mistress was resorted to; no bribe of 200l. was offered; major Macdonald was forced to go to the West Indies, and fell immediately a victim to the climate; major Sinclair was forced to remain in England, and survived but a few months. Thus was the country deprived of two highly deserving officers.
The fourth Case I have to adduce refers to major John Shaw, of col. Champagne's Ceylon regiment. Major Shaw was appointed Deputy Barrack Master of the Cape of Good Hope upon the 3d of April, 1806, through the influence of Mrs. Clarke. It was known that this officer by no means enjoyed the favour of the duke of York; that in fact his royal highness entertained some prejudices against him. But these obstacles Mrs. Clarke easily contrived to overcome: for it was agreed to pay her 1,000l. for the major's appointment. The appointment was therefore made, and the major himself paid Mrs. Clarke 300l. Soon after, 200l. more were sent to Mrs. Clarke, by major Shaw's uncle, through Coutts's bank, and the payment was made by one of Mr. Coutts's clerks. The remains 500l. however, was not paid; and when it was found not to be forthcoming, Mrs. Clarke was enraged, and threatened revenge. She actually complained to the Commander in Chief of major Shaw's breach of contract, and the consequence was that the major was soon after put on half-pay. I am in possession of several letters which passed upon this subject, from major Shaw and Mrs. Shaw, threatening both the Commander in Chief and Mrs. Clarke with public exposure, &c. if their complaints were not redressed, but in vain. In consequence of this business, I have been induced to examine the half-pay list, in order to see whether any similar reduction to that of major Shaw had taken place in the Barrack Department; but I have found no such thing. Such officers being, in fact kept on full-pay, even on the home staff. This case of major Shaw was indeed the only instance I could find of such an officer being reduced to half-pay. The case of this officer then demonstrates, first, that Mrs. Clarke's influence extended to appointments on the staff of the army, as well as to promotions and exchanges in the army itself; secondly, That the Commander in Chief punished an individual by reducing him from full to half pay, for non-performance of a nefarious contract with his mistress; thirdly, that the Com- 185 mander in Chief was a direct party to all this shameful transaction. The witnesses to this case are, Mrs. Clarke, Mr. Shaw, uncle to major Shaw, Mr. Coutts's clerk, and Mrs. Shaw.
I now come to the very novel Case of colonel French and his levy. This officer was, through the influence of Mrs. Clarke, appointed by the Commander in Chief to conduct a levy in the years 1804-5. The colonel was introduced to Mrs. Clarke by capt. Huxley Sandon, and the condition upon which he obtained his appointment was, that Mrs. C. should have one guinea out of the bounty of each man raised, together with the sale or patronage of a I certain number of the commissions. The agreement being concluded, it was communicated to, and approved of, by the Commander in Chief. Col. French was accordingly sent by Mrs. Clarke to the Horse Guards, and after many interviews, the levy was sent on foot. As the levy proceeded, Mrs. Clarke received several sums of money from col. French, capt. Huxley Sandon, and a Mr. Corri. She also received 500l. from a Mr. Cockayne, who is a well known solicitor in Lyon's-inn, and a friend of captain Huxley San-don's.
But, to return for a moment to Mr. Donovan, the garrison-battalion lieutenant. This gentlemen, who was such a prominent agent in those transactions, was acquainted with an old officer, a Captain Tuck, whom he very strongly recommended to seek promotion; and to encourage hint by a display of the facility with which it might be attained, he sent him a written scale of Mrs. Clarke's prices, for different commissions, which, in stating, I beg leave to contrast with the regulated prices of the Army.
| Mrs. Clarke's Prices. | Regulated Prices. |
| A Majority£. 900 | £.2,600 |
| A Company 700 | 1,500 |
| A Lieutenancy 400 | 550 |
| An Ensigncy 200 | 400 |
§ Here I am to take leave of Mrs. Clarke. Here the scene closes upon her military negotiations; and in what follows, the Commander in Chief alone is interested. It appears that his royal highness required a loan of 5,000l. from col. French, and Mr. Grant, of Barnard's inn, promised 186 to comply with the request in procuring the money, provided the Commander in Chief would use his influence and obtain payment to col. French of a balance due to him by government on account of the levy. This was promised, but the Commander in Chief failing to fulfil his part of the condition, the loan he required was not advanced, and 3,000l. still remain due from government to col. French. The case of this levy shews, first, that Mrs. Clarke, in addition to promotions in the army, to exchanges, and appointments on the staff possessed the power of augmenting the military force of the country; secondly, that in this case, as in all others, she was allowed to receive pecuniary consideration for the exercise of her influence; thirdly, that the Commander in Chief endeavoured to derive a pecuniary accommodation for himself independently of Mrs. Clarke's advantages. The witnesses in this case are colonel French, captain Huxley Sandon, Mrs. Clarke, Mr. Corri, Mr. Grant, capt. Tuck, and Mr. J. Donovan.
§ The last case with which I shall at present trouble the house is that of capt. Ma-ling. This gentleman was appointed to an ensigncy in the 87th regt. on the 28th Nov. 1805; to a lieutenancy in the same reg. on the 26th of Nov. 1806; and to a captaincy in the royal African corps, under the command of the duke of York's own secretary, col. Gordon, on the 15th of Sept. 1808. I have every reason to believe capt. Maling to be a very unexceptionable character, although I cannot help pronouncing the mode of his promotion as extremely exceptionable. But this promotion was effected through the influence of the favourite agent, Mr. Greenwood, in whose office Mr. Maling was a clerk, remaining at his desk while advanced in the army by such an extraordinary course— by a course which interfered with the interests, which superseded the rights of many meritorious officers who had long served in the army— who had fought and bled for their country. This Mr. Maling has also, I understand, had, while so promoted, some appointment of pay-master in Ireland. I would appeal to the candour of the house, to the common sense of any man or body of men, whether it be right, whether it be tolerable, that such an accumulation of favours should be conferred upon any individual without any claim of professional merit, but merely through the operation of un- 187 due influence, while so many hundreds of truly deserving men are slighted and overlooked? I would ask whether it be possible that our army can prosper — that its spirit can succeed, or its character be advanced, while such injustice is tolerated? But I will not dwell upon those points— it is quite unnecessary.
§ The facts I have stated are such as must suggest such reflections to any man's mind. The house must feel the propriety, the necessity of grounding some proceeding upon such facts. The proceeding I propose will, I have no doubt, be acceded to. I am sure I have stated quite enough to induce the house to give me what I ask— I could state more if necessary. There is indeed, one thing to which I cannot omit alluding. The house must be astonished indeed at the corruption of the times, when told, that there is at this moment a public office in the City for the sale of Commissions, at the same reduced scale as that of Mrs. Clarke, and that the persons who manage this cilice stated in my presence that they were the agents of the present favourite mistress, Mrs. Carey. Indeed, these agents declared further, that they were also enabled to dispose of places both in Church and State, and that they did not hesitate to say, that they were employed by two of the first officers in the administration. But these are points to which I may, on a future day, feel myself more enabled to speak at large.— The hon. member concluded with moving for the appointment of a Committee to investigate the Conduct of his royal highness the Duke of York, the Commander in Chief, with regard to Promotions, Exchanges, and Appointments to Commissions, in the Army and in raising Levies for the Army.
The Secretary at Warsaid, that he did not rise to give any opposition to the motion. (Hear, hear, from the Treasury Bench.) If he did so, he would ill consult the wishes and worse consult the interests of the Commander in Chief. From a regard to the interests of the Commander in Chief he felt unfeigned satisfaction, that, at length, an opportunity was afforded of instituting an effectual inquiry into the grounds of the various calumnies and misrepresentations which had of late been so industriously circulated against that illustrious personage. The facts which the hon. gent, had brought forward were of the most serious nature, and well deserved 188 the attention of the house. He hoped the house would go into the inquiry, but listen to no charge unless it was clearly and distinctly stated. Charges on these or any grounds distinctly stated, his royal highness was ready to meet, and even desirous of going into the investigation. This, he believed, was all that was necessary for him to say in this stage of the business; but he requested the indulgence of the house while he made a few observations not foreign to the question. With regard to the private transactions stated by the hon. gent. he had never heard of them before, and therefore could not be prepared to give an answer. But he could contradict those that were stated to have occurred at the Horse Guards. The papers respecting the half-pay fund were before the house, and he had stated in his place, without being contradicted at the time, that his royal highness had given up a great part of his patronage for the benefit of that fund. It was needless to go into the facts, more particularly as a full inquiry would necessarily take place. He would only remark, that the thanks which the house had been conferring on the army reflected no small credit on the Commander in Chief. His gallant friend near him (sir Arthur Wellesley) might perhaps, state of what description the army was which the Commander in Chief had put into his hands. Could the army have achieved the great exploits, for which it had been distinguished, if it had been ill-managed for a series of years. It had been universally allowed, that to make courage available in the day of battle discipline was necessary; and it was well-known how much the Commander in Chief had attended to that object, which had rendered the army so formidable to the enemy. Another fact to which it was important to allude, was the extreme order and regularity which had been introduced into the office of the Commander in Chief, which the inquiry would prove.
§ Sir Arthur Wellesleyrejoiced that the hon. gent. had at length brought forward facts, to which a specific inquiry might be directed; and he rejoiced also, that the character of the Commander in Chief would not be the subject of that general sort of discussion, which sometimes took place in that house; but that every fact would be fully and fairly sifted. It had fallen to his lot to know how promotions were conducted in the office of the Commander in Chief, and he knew that it was 189 regularly recorded in that office who recommended the promotion, and the documents would be found there, so that all these transactions might be completely traced. With regard to the produce of the half-pay fund, the mode in which the money came into the office, and the mode in which it was issued, were recorded. Under these circumstances, he rejoiced that a Committee was to be appointed, and he hoped they would make a special report— so much with regard to the al-ledged facts; but he must observe, with respect to the removal of the barrack master of the Cape of Good Hope, that such removals were circumstances of common occurrence. The instance in question related to the establishment at Ceylon; and in foreign establishments, though the facts stated by the hon. gent should be true, it constituted no ground of charge: for it was in the ordinary course of the service. With respect to the exchange between an officer going to the West Indies and one remaining here, the Commander in Chief would be in a most extraordinary situation if it was to be made a ground of accusation, that he had not consented to an arrangement tending to the convenience, perhaps to the benefit, of individuals. As to one of these gentlemen dying here, and the other in the West Indies, if these general charges were to be listened to, it would be impossible for a person in his royal highness's illustrious station to conduct the business. The circumstances stated by the hon. gent. went to shew that his royal highness, with a view to put a little money in his own pocket, had encroached upon the half-pay fund. But the house would recollect that this fund was established by his royal highness, and the money furnished from the produce of commissions, which he might have given away without any sale at all. But the Commander in Chief gave up his own patronage, and saved to the public an immense sum— and yet he was charged with an embezzlement of this sort! But he was glad that a full inquiry was to take place. There was still one topic on which he would be to blame, if he did not say a few words— he alluded to the state of the army under his command last summer. He must say, that never was there an army in a better state as far as depended on the Commander in Chief, and he must further say, that if the army had not performed the service for which it was destined, the blame would not have 190 rested with the Commander in Chief, but with him; and whatever enthusiasm they had felt, was the result of the example and discipline afforded by the illustrious person at the head of the army.
Mr. Yorkeobserved that he never listened to a charge more serious, and he had heard if with the greatest possible concern, both on account of the Commander in Chief, and the hon. gent. who had brought it forward, (hear! hear!) who took so heavy a résponsibility upon himself. But he was glad that the house had come at last to some Charges against h. r. h. the Commander in Chief in a tangible form. At length they could reach in a tangible shape some of those libels which had for some time past been more assiduously and pertinaciously circulated than at any former period in this country so prolific in libels. Publications which he would treat as libels, (hear! hear!) had lately appeared against the Commander in Chief, and these had been circulated with a pertinacity hitherto unexampled. He was glad therefore that something was now brought forward in a tangible form, and he hoped the House would do its duty to itself, to the country, and to the Royal House of Brunswick—(Loud cries of hear! hear!); that blame might rest where it ought to be fixed, and that if there was no ground for these accusations, justice might he done to the Commander in Chief. And he sincerely hoped, that if the latter should turn out to be the fact— the hon. gent. would be enabled to acquit himself, by shewing at least, that there existed some probable reasons in support of the heavy charge which he had taken upon himself. For my own part, Mr. Yorke continued, I believe that there exists a Conspiracy of the most atrocious and diabolical kind against his royal highness (loud cries of hear! hear!)— founded on the Jacobinical spirit which appeared at the commencement of the French revolution; for though this spirit did not shew itself exactly in the same form as at first, when once raised it was not easily quelled, and it never could promote its views with better hopes of success than by talking down illustrious persons—(hear! hear!). It was the object to write down his royal highness— it was no less so to write down all the establishments of the country. By means of the press, the liberty of which was so valuable, and the licentiousness of which was so pernicious, it appeared to be the design of the Conspirators to write 191 down the military system through the Commander in Chief—the army through its generals, and other establishments through the persons most conspicuous in each—and of this plan the present was only a particular instance, (hear! hear!)— He was glad that this enquiry was to taka place, because there was in the country a conspiracy against all that was eminent in the state. They all knew what that spirit was upon which this conspiracy was founded; and though it was not the same at present as at the time of the French revolution, yet, as the late Mr. Pitt had truly said, "the Jacobinical spirit, when once roused, is not easily put down." The spirit was not yet extinct, and the consequence was a conspiracy for talking and writing down every thing illustrious and eminent in the nation—to run down the royal family through the duke of York, and to run down the army through its generals. This was a consequence of a free press, the freedom of which was justly considered the palladium of liberty, but whose licentiousness was the destruction of civil society. That licentiousness of the press bad been actively directed against the illustrious person who was the object of this motion, and who from his station and all his past services, might be supposed secure from its attacks. Let blame fall where it ought; but the House ought to consider the illustrious object against whom the charge was directed; they ought to consider his high station in the country, and the eminent services which he had performed for the country, in the state to which he had brought the army—(hear!) What was the state of the army when he became Commander in Chief? It scarcely deserved the name of an army, and it was now found by experience to be, in proportion to its numbers, the best army that ever existed. The best mode to do justice to the sovereign—to do justice to the high character now impeached—and to do justice to the country, would, perhaps, be to appoint a Parliamentary Commission, with power to examine each party on oath—(loud cries of hear! hear! from both sides of the House.) The gentleman might have circumstances in view to support these charges, which he believed to be founded in truth. He only spoke of this Commission with reference to his own argument. He had said that he believed a Conspiracy to exist, and if the. House could go along with him, and suppose that this was actually the case, he threw out for 192 their consideration, whether a Parliamentary Commission with power to examine on oath was not preferable to a Committee. He could not think he had done his duty if he had not thrown out this idea for consideration. The importance of the subject well deserved such a mode of proceeding. But at all events, he was happy that the matter would now be properly investigated.
Sir Francis Burdetthaving never, either in that house or elsewhere, talked of the Duke of York with disrespect, could have no view but what was entertained by the right hon. gentlemen opposite in seconding the motion then under consideration, and he entertained the same hope that the inquiry would terminate in the entire exculpation of his royal highness. He was sure there could be no other feeling in the house upon the subject, lie agreed with the right hon. gent. who spoke last, that the hon. mover was entitled to the thanks of the house for having brought this matter forward, when he heard of the facts he had detailed. It was his duty to do so, and he was consequently entitled to commendation. For his own part, he had not known any thing of the motion of the hon. gent. further than as any other member might from the notice he had given of his intention to bring it forward. But the facts he had stated appeared so serious, that he thought the house was bound to inquire into the case, and had therefore seconded the motion. He sincerely hoped that, upon inquiry, it would appear that the facts alledged originated in error, or in mischievous intentions, and an unfair wish to run down the duke of York. It was impossible to avoid such things in a country where free discussion was allowed. There was no man in a public station, or indeed in any prominent rank in the country, who must not have felt the effects of this privilege of a free press. But it was also a consequence of the same freedom of discussion, that any party aggrieved had easy access to the courts of justice for redress; or, if that mode should not be resorted to, that the calumny would die away, and leave the character it assailed brighter than before, when cleared up from false accusations. This he hoped would be the case in the present instance; and indeed, if it had not been for the facts so strongly stated by the hon. gent. he could not have entertained even the shadow of a suspicion that it could possibly be otherwise. He had risen only 193 to state the grounds of his having seconded the motion, for having brought which forward he thought the hon. member entitled to the thanks of the house.
§ Mr. William Adamsaid, he gave way to the hon. baronet, in order that lie might have an opportunity of shewing, as he had done, with so much coolness, candour, and politeness, the motives which induced him to second the present motion. He was extremely glad he had done so, as the whole of the hon. baronet's sentiments had been delivered in a manner highly honourable to him. His chief reason for offering himself to the house, on the present question, was for the purpose of stating what bethought would be the most desirable method of proceeding in the present case. In forming the opinion he was about to deliver to the house, he looked only to the principles of the British Constitution, and the invariable end of its justice; viz. that from the highest subject to the lowest, every person accused must be taken to be innocent, till proved to be guilty. With respect to all those alledged facts which the hon. gent. had brought forward in a very candid manner, he had not the smallest doubt, however the hon. gent. might have been induced to give credence to their truth or probability, that it would ultimately turn out, on a proper investigation, that they were founded in falsehood and misrepresentation. As to that relating to the service of plate, it came in such a questionable shape, and from such a quarter, that he was sure no gentleman could believe it true. From the situation which he had gratuitously filled in the way of his profession in the service of the illustrious personage, the object of this motion, he was enabled to speak without bias, and with certainty, respecting his revenues, and every circumstance connected with them. During the twenty years that he held his office, he had been intimately acquainted with all his royal highness's affairs, without any circumstance being kept from his knowledge. At every moment of that long period he had possessed the unlimited confidence of that illustrious person, even during his embarrassments (for, as they had been under the consideration of parliament, he might advert to those embarrassments), and in all his experience of him he had known his royal highness uniformly to state the situation of his affairs with an accuracy, that was extraordinary, with a truth beyond example, and with a fidelity of memory, that reflected the highest 194 credit upon his understanding. In all that time he had never heard of his having procured any accommodation or loan on any other terms, than the duke of Bedford, the duke of Devonshire, or the duke of Northumberland would, if they had occasion. This he stated, in order to shew that, in the inquiry that was to take place, from what the house knew personally, he could confidently assert, that the facts alledged would prove unfounded. And, as he felt no bias on the occasion, but what arose from a regard to justice, the mode of proceeding be had to propose, was suggested solely with a view to promote it. The inquiry should, in his mind, be public, as the charge was, and the authority of that house, when examining witnesses at its bar, would insure their punishment in case of prevarication. It would not be proper to carry on the inquiry under an act which would require the sanction of the other branches of the legislature. Gentlemen should recollect, that this investigation might lead to an impeachment hereafter, and therefore the house ought not to part with its power of inquiry, or delegate it to a parliamentary commission, when the investigation would be carried on more properly, more effectually, and more constitutionally in a committee of the whole house. It was fit, as the charges had been made before the whole house, that the investigation should be carried on before the whole house of commons of the empire, in order to ascertain whether the faults charged could be brought home to his royal highness; for if they could not be so brought home, the inquiry could lead to nothing. Upon these grounds, he was of opinion that the inquiry should not be secret, but publicly carried on in that House, where the charges had been stated. A public investigation, before the world, at the bar of that house, would prove best as regarded the house, best as regarded the Commander in Chief, I and best as it regarded the hon. mover and I the public, who must be deeply interested in the result of this important inquiry.
§ Mr. Wilberforceexpressed his sense of the importance of the subject which was submitted to the consideration of the house. He was confident that the hon. mover was impressed with the great responsibility which attached to a charge brought, as it was, against such an elevated character in? the country. He did by no means wish to convey any idea that the extent of such responsibility ought at all to deter a mem- 195 ber of that house from bringing before it an accusation, for which he had convincing testimony, although directed against one of the most considerable persons in the empire, both in rank and influence; but he did conceive that when high character was implicated, the most efficient and most satisfactory mode of investigation ought to be adopted. He contended that an inquiry at the bar could not be conducted wish impartiality, in consequence, of the interference of party spirit. To enable the house to arrive at that desirable end, he fully agreed with his right hon. friend (Mr. Yorke) near him that the investigation of the charges that night preferred ought to be committed to a parliamentary commission, specially delegated for that specific purpose. Such inquiry was not to be considered private or secret. It would afford the best species of communication, namely, publicity at the end, but not in the progress of the investigation. Whoever had attended to the consequences of public examination at the bar of the house, could not be blind to the numerous and fatal inconveniences of such a mode of proceeding. The very object for which it was proposed was too often defeated by the means. By the appointment of a Commission the witnesses would be examined upon oath; all party bias and personal altercation would be prevented, and, of course, a weight and confidence would be attached to the decision of those delegated, and to the testimony of those examined, which it was impossible to expect from any public discussion or examination at the bar. It was for the house to bear strongly in its recollection, that in the present unexampled and critical state of the civilized world, all Europe looked with a vigilant and anxious attention to the deliberations of the British House of Commons. That house was now put on its trial before the scrutinizing tribunal of public opinion. It had to render justice, both to the illustrious personage, whose character he expected would come clear and unsullied from the ordeal, and to the country, which was equally interested in the result. The claims of the public demanded that the representatives of the people should look to substantial justice, however high the rank, eminent the services, or splendid the connections of the dignified personage against whom such charges were preferred. That justice, he conceived, could be most satisfactorily obtained by an inquiry, private in 196 its progress, but to be public in the result, particularly when he reflected on the description of persons likely to be examined, and the importance of the interests affected by the accusation.
The Chancellor of the Exchequercoincided in the unanimous feeling of the house, that to the most solemn and serious accusation brought forward that night, the most solemn and serious inquiry ought to be afforded. The only difference that seemed to exist in the mind of gentlemen was, as to the manner of conducting that investigation, whether the ends, to which all looked with equal eagerness, were more likely to be acquired by a private and delegated examination, or by a full, prompt and public discussion, arising from the testimony, which the hon. gent. who submitted those charges to parliamentary consideration, may be enabled to produce at the bar of that house. The more the house reflected upon the importance of the subject, the high station of the party, or the important interests connected with this inquiry, the more it would concur with his hon. friend (Mr. Adam) that it should not abandon its inquisitorial functions in this instance. He could state upon the authority of the illustrious person himself, given him at the only opportunity he had of consulting with him upon the subject, that the most ready course of prosecuting the inquiry would be the most agreeable to him, and that he deprecated nothing so much as a course that would impede the final result. That illustrious personage wished, like any other subject, to be put publicly upon his trial, and to stand acquitted or convicted upon the case that might be made out: at the same time that he had a thorough conviction, that he should exculpate himself from all charge. From the nature of the facts which had been already stated, he would stake his reputation upon it, that it was impossible that, after the result of the inquiry, any suspicion could even attach to his royal highness. But he was sure the house would pause before it would depart from its established usage to adopt a parliamentary commission, He felt the inconvenience of a parliamentary inquiry; but these inconveniences must be encountered on so important an occasion.— The hon. gent. (Mr. Wardle) had in the course of his speech stated a circumstance which particularly involved the character of his majesty's government. He had mentioned that two members of the king's cabinet were concerned in this 197 agency for the disposal of government patronage. This was a topic on which he felt it due to himself to require the fullest information, and it was for the option of the hon. gent. to determine, whether he would afford it in a public manner in that house, or by a private communication to some of the responsible servants of the crown (a cry of name! name!). When in possession of that information, he assured the house that by him no measure would be left undone to unravel and elucidate the truth or falsehood of that allegation, nor any diligence omitted to bring the delinquents, if an v there should be, to just ice. It was not for him to tell that house, that in this great capital it might happen that foolish persons were frequently deceived by advertisements in the public papers, announcing the disposal of official patronage. And perhaps it had occasionally turned out, that the very persons who were originally deceived by these advertisements to make applications, did ultimately obtain the very appointments for which they had endeavoured to negociate; but he was convinced that as there was nothing so discreditable to government, so there was nothing more false in fact than the idea, that money was paid to persons high in office for such transactions. For the distinct manner in which the hon. gent. submitted the question to the house, he conceived him entitled to its thanks. He had pledged himself to bring his charges home to his royal highness. Upon that pledge the proposed inquiry was admitted; and both for the accuser and the accused, to guard against suppression and insufficiency of evidence, publicity was essentially necessary. When, therefore, the question for inquiry by a Committee should be disposed of, he should second a motion that the Committee be a Committee of the whole House, if his hon. and learned friend (Mr. Adam) should make that motion.
§ Mr. Wardlestated, that he was anxious to afford the fullest information in his power to the right hon. the Chancellor of the Exchequer. The office where this agency was transacted was in a court out of Threadneedle-street. The names of the agents in that office were Heylop and Pullen. They had stated various situations purchased in the Island of Jamaica, and that the two members of the present cabinet, for whom they acted in such negotiations, and to whom he alluded in his speech, were the Lord Chancellor and the Puke of Portland.
198 It was then carried, nem, con. that the conduct of his royal highness the Commander in Chief, in the appointment to Commissions, regulating Exchanges, and filling up of Vacancies in the Army, be referred to a Committee. The Chancellor of the Exchequer then moved, that it should be a Committee of the whole House.
Lord Folkestoneconsidered the hon. mover entitled to the fullest credit, for the manner in which he brought the subject forward. He was of opinion that the ends of justice would be best answered by referring the inquiry to a Select Committee, from whose Reports all the benefits of publicity would be derived. From the inconveniences which he had witnessed in the progress of an examination at the bar, he submitted whether any mode of conducting the inquiry was not better than that proposed by the right hon. gent. It was extraordinary to see the Chancellor of the Exchequer interfere with the mode of proceeding which the hon. mover I had adopted, when the house recollected with what severe comment that gent. (Mr. Perceval) remarked upon certain members on his side of the house, for the alledged indecorum of taking certain measures out of the hands of the original proposers.
Mr. Secretary Canningconceived that the surprise expressed by the noble lord in seeing his right hon. friend propose to the consideration of that house the most desirable mode of proceeding, would have been prevented if that noble lord had considered the nature of the improvement which was recommended. The interference of his right hon. friend was not to restrict, but to extend inquiry; it was not to narrow the means but to enlarge the sphere of deliberation. It was an improvement suited to the importance of the accusation, and to that serious discussion which so many commanding inducements pressed it upon that house to afford. The house should recollect that if such charges were, proved, the issue of its deliberation might lead to a proceeding affecting the most valuable privileges of parliament, and the dearest interests of the elevated and illustrious personage affected by their decision. It was established by various precedents in parliamentary history. It was to a Committee of the whole House the case of the duke of Marlborough was submitted, because such proceeding was considered correspondent with the gravity of its judicial character, and because it was 199 a species of trial which united earliness with publicity. When, therefore, the noble lord complained that an attempt was made to take the subject out of the hands of the hon. gent. who originally brought it forward, the propriety of his reproach amounted to this, that the Chancellor of the Exchequer had proposed a motion calculated most effectually to promote the object which the original mover professed to have solely in his view. Indeed, the hon. mover himself did not feel as if the proposition of his right hon. friend was any unjustifiable attempt at interference, nor did he evince any hostility to submit his charges to the house of commons in its most extended capacity. That hon. gent. had declared to the house, that in calling its attention to this very important subject, he was solely actuated by sense of public duty; that he? was free from any hostile feeling to the elevated personage, whose character his charges went so vitally to affect. For the impulse of public spirit and disinterested patriotism, he (Mr. C.) was willing to give him credit, and surely that hon. gent. could not be dissatisfied with those who placed him upon the most commanding stage, to reap the benefit of his patriotic labours.—(Hear! hear!) He surely must be aware, that having undertaken the responsible task of submitting to a British House of Commons such a serious accusation, that whatever might be the issue of its deliberation; in whatever view the house shall consider the transactions which he has disclosed, whether they be refuted or substantiated, infamy must attach some where—either upon the accused or the accuser.—(Hear! hear!)—From the system which had been deliberately pursued for some time past, by the enemies of his royal highness, he had to congratulate that illustrious personage, and at the same time to thank the hon. mover, for the opportunity of canvassing the subject upon charges preferred in a tangible shape. Whatever result might ensue from such accusations, it was not to be denied, that that royal personage had been subjected to the systematic calumnies of a set of unprincipled libellers; that in their vile and malignant publications he had been treated with a brutality of insult which almost made good men hesitate in deciding, whether the value of a free discussion was not considerably depreciated by the evils of its unbridled licentiousness. For the last six months scarcely a day had elapsed 200 without some fresh attack upon his honour, his character, and his feelings. There was a cowardliness, a baseness, a wretchedness, in the villainous libels against his royal highness, which far exceeded the calumnious profligacy of other times. A cowardice too of the basest kind, participating of the most depraved and odious qualities, deserving of that execration which the best feelings of humanity would pronounce on the base assailant of female weakness, because to direct unfounded attacks against those in high authority, was nearly similar to an attack on an undefended woman. It was therefore, as sincerely interested in the honour and reputation of his royal highness, that he rejoiced to find that this question had taken a distinct shape, and that in the due and proper place, the period for inculpation, and he was sure of exculpation, had arrived. It was for parliament to give the subject the fullest inquiry, but he trusted that the hon. mover would in the first instance, without any subsequent restriction, direct his proofs to the specific objects on which his charges of that night were founded.
§ Mr. Whitbreadconcurred heartily in the recommendation of the Chancellor of the Exchequer, and the conclusive arguments of the right hon. secretary, for the most public inquiry. Whatever inconvenience might be the consequence, would be more than counterbalanced by the solemnity of the process; and the advantages of publicity. It was due to the elevated rank of the illustrious personage accused, and to the great interests of the country, which were so implicated in the issue. The right hon. secretary had assumed as a fact, that such a Conspiracy as he described, existed, and upon that assumption he rested all his arguments. If such a Conspiracy did exist, every man must lament, that such a character, elevated in rank and influence, should be exposed to un merited calumny. Still it was to be presumed and hoped, that a prince of the house of Hanover would prefer even suffering under such attacks, rather than risque the liberty of that press to which that family and the British Empire owed so much. But why was this brutality of insult so long suffered to continue? Were the Attorney and Solicitor Generals asleep, and the other law officers of the crown asleep? How came it that they neglected their duty? He was ready to give them credit that the omission was notintentional. There was one point in the speech of the 201 right hon. secretary from which he must dissent. It was assumed by him, that if the result should, as he trusted, acquit his royal highness, his hon. friend would be infamous for preferring the accusation. Such doctrine was not supported either by the spirit or usage of the constitution. If there were justifiable grounds for his charge, or if informations of a strong kind were laid before him, it was his bounden duty, as an honest public servant, to act upon it in that house. In compliance with that sense of duty, his hon. friend did submit the subject to the house, and whatever might be the issue, he was convinced that not a particle of infamy could attach to him (Mr. Wardle.) He had thought it necessary to say thus much, from the conviction he felt of the purity of the motives that influenced his hon. friend, upon this occasion. There was one strong reason that this business should go to a Committee of the house, which weighed particularly with him; namely, that it would be impossible to select any set of names that would satisfy this herd of libellers, and calumniators, of which such mention had been made by the right hon. secretary.
Lord Castlereaghwas happy to find that there had been such an universal concurrence of sentiment with respect to the necessity of examining in the most solemn manner the charges which had now been brought forward. He should have thought it unnecessary to trouble the House on the occasion, if it were not for one or two expressions which had fallen from an hon. gent. (Mr. Whitbread), who seemed to 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(FoLkestone),who suffered the original motion to be carried, nemcon. 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, 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 202 subject. Although every gentleman would perceive that the house would suffer great inconvenience 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 hon. gent. 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 decision 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 h. r. h. 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 hon. gent. (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 news-papers which are daily presented to the public, and those other publications 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, endeavoured to subvert all the establishments of the country by force of arms, was 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 hon. gent. asked, what were ministers and the law officers doing, or why they did not institute prosecutions? The fact was, that they had instituted numerous prosecutions; but their entire time would be taken up in prosecuting the libellers of the duke of York, if every libel was to be prosecuted. There was also one reason which often prevented prosecution. It required but some ingenuity, united with a moderate share of legal knowledge, to render it extremely 203 difficult, to establish the charge of libel. There was another way in which libellers 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 (that of major Hogan), even before the libel issued from the press, the author had secured his passage to America. The house and the duke, of York were now in anew situation, and he 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.
After a few observations from Mr. Wardle, it was resolved that the house should on Wednesday next resolve itself into that Committee.
The Chancellor of the Exchequerthen proposed, that the hon. gent. should give in a list of the names of those Witnesses he intended to call to substantiate his Charge, that such persons might be summoned to attend.—Mr. Wardle (after having gone to the table to make out his list of Witnesses) returned to his seat and said that he thought it would be attended with no inconvenience to defer mentioning the witnesses till Tuesday, when he should come down prepared to furnish the house with the first part of the case he should proceed to prove, and a list of the witnesses whom it might be necessary to examine relative to that first charge.