no name.

to fix him with other charges for which they could find The honourable member proceeded to remark upon the evidence of Mrs. Clarke, but the House mani festing much impatience, he sat down, declaring that he agreed in the proposition of the Chancellor of the Exche quer.

Mr. M. Fitzgerald hoped, from the complicated nature of the questions, that the House would indulge him in explaining the vote he should give. On the preceding debate, he voted for both the addresses, though he was decidedly of opinion that resolutions were preferable. He did so, because although there might be parts in these addresses that were objectionable, yet on the whole they were to be preferred to what he knew the Chancellor of the Exchequer would substitute in their place if they were rejected. In whatever vote he had given or should give on this subject, he was and would be actuated by a conscientious sense of duty. He had not the honour of being known in any way to any branch of the royal family; but there was no person in the House who could feel less satisfaction in the degradation of any branch of that family. He did not think the House should be called upon to pronounce a specific opinion; but if they were, he hoped a distinction would be made between the dif ferent parts of the accusation. He objected to an address, because, after having instituted an inquiry, he conceived it would be more worthy the dignity of the House to come to a specific resolution. In voting an address, they were calling upon the aid of the crown, for that which they could do of their own authority. He wished also to spare the feelings of the Sovereign upon such a subject. Still he could not help considering an address, with all these disadvantages, as preferable to the resolution proposed. He lamented that the examination of evidence should have deviated into the wild and irregular course it had done; that the whole of the private life of the Duke of York should be brought before the House. This was not matter of state crime, but of state scandal, and was calcu lated to make a most dangerous impression on the public. He was surprized at the course pursued by ministers. He was astonished they did not prefer at first to meet the ori ginal address by a direct negative.

Mr. Cartwright explained,

General Ferguson observed, that after the able specch

they had heard, and the many others they might expects it might appear presumptuous in him to offer himself th the House. But he stood in a peculiar situation. He had the misfortune to differ in opinion with all the mili tary officers in that House on this important question, and he was anxious, therefore, to explain the grounds of his opinion. He fully agreed in the praises that were bei stowed on the Duke of York, as the head of the military department. He would offer his tribute of acknowledged ment for the many important services he had renderedto the army. He felt also grateful to him for many personal favours and kindnesses; and it was with deep reluciance, that he found himself compelled to concur in ad vote of censure on the conduct of his Royal Highness." But, on questions of such vital importance to the well being of the state, every private feeling must give way. He would do his duty to his constituents, whatever pain he might feel in the discharge of that duty, He would say one word as to the evidence. After the most careful perusal of it, after considering it with all the attention of which he was capable, the result was a perfect conviction upon his mind, that the Duke of York was extremely culpable. Until the cloud under which he was should be dispersed, he thought the Commander-in-chief would not hold his situation with credit to himself, or satisfaction to the people.

Lord H. Petty complimented the gallant officer who had just sat down, for the manly manner in which he de clared his sentiments. The motion made by the right ! honourable member appeared to him to be not only unnecessary, but extremely objectionable. The question was, whether, the motion should be withdrawn or negatived. He could not consent to put the special circumstances of this case upon the records of the House. In official characters the House were not to look to any thing but official duties. They were not to be influenced by personal considerations. If royal personages will as-1. sume official situations, they must be responsible for the discharge of the duties incidental thereto. He had no objection, however, that the motion should be withdrawn, though he was of opinion that it would be better it should be negatived. He trusted that it would not be again of fered to the House in any shape, whether amended or not. An Hon. General said, that if the army were to lose the

Commander-in-chief, they would lose the man who stood between the unprotected officer and the great political and. parliamentary interest, which, under other commandersin-chief, controuled and disposed of all military promotions. He could recollect what the army was under Ge-" neral Conway, and he had witnessed the benefits derived from the system introduced by the Duke of York.

The Chancellor of the Exchequer said, that by what had fallen: from the noble lord and from his right honourabie friend Mr. Tierney, (he begged pardon for having slipped into his old habits and addressing him by so familiar a name,) he understood that there was no objection that this motion should be withdrawn. He certainly did not wish to have it negatived, when he could arrive at the same object by having it withdrawn.

The question was then put from the chair, and leave was given for withdrawing the motion.

He

The Chancellor of the Exchequer proceeded. In the place of the resolution that was withdrawn he had now to propose a resolution on the guilt or innocence of the royal personage. The subject had already been so fully dis cussed, that he would not take up the time of the House by observing upon any part of it. [The honourable member here read the rsolution he meant to propose. It briefly recited the proceedings on the charges, and concluded with stating, that there was no grounds for charging his Royal Highness with corruption or connivance in any of the infamous practices alluded to in the charges.] That is, said the right honourable gentleman, that there are no facts proved against the Duke of York. thought it necessary that the House should come to a distinct opinion on the charges of corruption and connivance. It would not be doing justice to his Royal Highness to dismiss him with a general verdict of acquittal. The specific crimes of which he was accused must be pronounced upon. When they had disposed of the charges of corruption and connivance, other matters would remain behind fitting for the House to take up, and make the subject of an address. He had no intention to entrap the House. They were only called upon to give their opinion upon the charges of corruption and connivance, which they might fairly do without the least danger of being involved in the necessity of adopting the latter part of

his resolution, the object of which was, he would frankly confess, to afford the grounds of an address for continuing the Duke of York in the command of the army. When that part of the resolution was proposed, it would be competent for any member to move an amendment, which would do away the effect he proposed from it.

Mr. Lyttleton hoped that the House would allow him to state the consitutional doctrine respecting its proceedings, which was to be found in the records of parliament. He agreed that the House could not pronounce sentence, Upon reference to precedent that took place in the begin ning of Charles I. (and it would be well for the ministers and the House to consider the occurrences of that unhappy period), he found the authority of the House accurately defined, in the second year of that prince's reign, that the House was not competent to give definitive judgment, but that its privileges only extended to inquiry and presentation. In this definition of its

t

authority he fully agreed. With respect to the question, whether they ought to proceed by address or resolution, he would prefer the former, as more respectful to the feelings of the sovereign, and more effective for the general purpose. He coincided in the sentiments that had been expressed, respecting the character of princes-that their character was public property; that it was the cha racter of the nation. True, it was so. The glory which they acquired reflected upon us but whenever they dis honoured themselves, did not their disgrace redound upon us also? Such must be the feeling of every man with a drop of British blood in his veins. Thinking thus, he would rather have been spared the necessity of making the declaration he would now make. It was this, that the charges against the Duke of York were fully proved,→ proved not perhaps in strictness of law; but sufficiently proved to satisfy the conscience and understanding of any plain, honourable man. The evidence, if not as good as could be wished-if not the very best, was yet the best that the nature of the transactions would admit. It was besides corroborated by other evidence, and by evidence of that kind, which next to the confession of the person accused, was reckoned the best evidence: he meant the writing of the Duke of York. To that evidence he could not refuse his assent. Combining all its parts-seeing how they supported and confirmed each other, it carried

complete conviction, to his mind. It was objected that. the evidence of many persons heard at the bar was not en titled to credit. It might be so. But were there not persons heard whose evidence was entited to credit; and did not these corroborate the testimony of those of suspicious characters? But why not credit their evidence? Some of these persons ruined themselves by their evidence. They had no interest in coming forward; quite the contrary. Prevarication was not an objection to evidence. In opposition to this evidence, sufficient in his opinion to establish every one of the charges, there was nothing but inference, hypothesis, and assertion. Against these they had hypothesis and assertion to oppose; and they had something better-written documents admitting important facts. As to the merits of the Duke of York as Commander-in-chief, he was not disposed to deny them, or to withhold his tribute of praise for the services which he was stated to have rendered the army; but mere evidence to character was good for nothing, except in mitigation of punishment. He could not help noticing the subdued tone in which gentlemen at the other side now spoke of the motive which induced his honourable friend to bring forward these charges. When the subject was first mentioned, they endeavoured to raise a cry of jacobinism. By this cry they hoped to pervert the feelings of the country, and prejudge the question. They were disap pointed in this expectation. They shewed little judg ment in attempting to revive this mad cry. The great magician who first raised it possessed commanding powers, and was able to give it effect, and keep it up; but persons who were not endowed with such great talents, were not competent to so mighty a work. No successor to this Prospero, no inferior magician, should attempt so dangerous a spell. He felt himself in some measure taunted into the vote he should give on this question. The honourable members on the other side tlang down the gauntlet and absolutely defied him into a declaration of his opinion. They went the length of saying, that what he did, he did in compliance with popular opinion. He had a better opinion of his majesty's ministers than to suppose they were unanimous in their opinion on this point. He did not coincide in the opinion that the moment a member of that House became a servant of the crown, he became unworthy of credit. With the leave of the House, he would