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the house, he would draw a pre-
cedent from former times. He
should quote nothing that did not
appear on their journals. In 1680
two resolutions were passed by
that house. The first ordered that
a list of the moneys or pensions
paid to members of that house out
of the fund appropriated to secret
services should be laid before the
house. The second provided that
no member of that house should
accept any place under the crown,
without the previous consent of the
house, and that if he should so
offend, he should be expelled.
Now he would not go the whole
length of these resolutions, though
he was prepared to say that there
was much in them which he would
wish to see adopted. He felt some
what of the spirit of those times,
and as far as parliament might be
pensioned, its decision would not
bave much weight with him. He,
would not be terrified from stating
these things by the fear of incurring
the rebuke of a right honourable
secretary (Mr. Canning) whom he
did not see in his place. He was
not to be deterred from expressing
bis sentiments by the statement of
some obscure anecdotes, by the ap-
prehension of that severity, which,
if exercised, would be exercised
with the grace peculiar to that gen-
tleman. This was a kind of war-
fare in which he was not worthy to
engage with a gentleman respecting
whose ancestors no trace could be
found either in historical facts or
traditional anecdotes. He had
always wished for the removal of
the commander-in-chief in the mild-
est way possible; but now, since
this inquiry had been suffered to
proceed as it had done, he hoped
the house would not add their hu-
miliation to his disgrace. If this
did prove to be the case, he trem-

bled at the result-he knew the people would sink into gloomy and sullen despondency they would have no confidence in their representatives-they would say, "These are men whom we cannot trustmen, whom ministerial influence can induce to varnish over any job.” They would begin to ask themselves what security they could have against oppression when protected by such men; and this, perhaps, would be their mildest expostulation; they might have recourse to other means, which he hoped to God they would never be induced or compelled to adopt. He hoped, however, these melancholy anticipations were groundless, and that a British house of commons would prove itself worthy the epithet applied to the celestial font of justice that it " was no respecter of persons."

Sir Thomas Turton declared it as his opinion, that the people believed the house was doing nothing, and meant to do nothing; at the same time, however, he was sure that the coolly-judging part of the community would be content with their decision, if they thought it was given from their conviction. Thinking thus, he would act conscientiously, and he now declared before God and his country, in the most unequivocal and solemn manner, that he believed the duke of York had a knowledge of the corrupt practices which had been disclosed at the bar. This was no time for concealment. He did not wish by his vote to restrict others; let any man who thinks differently in his heart vote differently, and let him look for his own approbation in his closet, and in the hour of his dissolution. He now considered it his duty to move an amendment, which did not go to charge the

duke

duke of York personally with corruption, but with a knowledge that such corruption had existed. He then moved as an amendment to the motion of the chancellor of the exchequer," that this house have grounds for believing that his royal highness the commander-in-chief had knowledge of the corrupt transactions of which evidence has been given at the bar."

Mr. Fuller rose and said, it was not his intention at so very late an hour, to trespass much on the attention of the house, but he thought it his duty to address them because he had been badgered by letters and abuse, and such sort of things. (Hear, bear! and loud laughter.) I tell you, sir, (said Mr. F.) I have even been called a black-hearted fellow, but I'll do my duty. (Or. der, order!) People talk very much now of popular clamour; but I remember when this case was bad enough in the beginning, not a man on the opposite side almost but denied he had any thing to do with it. They all staid behind until they saw the popular clamour excited, and then they came for ward.-(Loud cries of Order !) I tell you it is a fact. Why one man to whom I at first said it was a bad case, very near knocked me down. (Loud laughter!) Zounds, sir, said he, what! do you think I have any thing to do with it? I am of opinion we ought to acquit the duke of York. He is a great military character he has carried our arms into all the rest of the world, and under him the army has flourished. Will you then hunt him into the world with a harpoon stuck in his back? (Much laughter!) An honourable baronet opposite has talked of "dissolution."-I hope he did not mean a dissolution of parliament. Indeed I'm inclined

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March 20th. The chancellor of the exchequer rose, and said that he took that opportunity of stating a fact which he hoped might induce his right honourable friend (Mr. Bathurst) to forgo the motion which he had promised to bring forward that evening. He had to communicate to the house that his royal highness the duke of York, on Saturday morning, of his own accord, spontaneously waited on his majesty, and resigned the high office which he had so long held, as commander-in-chief, into his majesty's hands. The motives for his royal highness having taken that step at this particular time ap peared to him so proper, that he entertained the most sanguine hopes they would prove satisfactory to the

house.

house. The substance of the communication was to the following effect:

"That the house of commons, after a long and full investigation into the conduct of his royal highness, as commander-in-chief, having passed certain resolutions, declaring their conviction of his innocence, and acquitting him of those criminal charges which had been moved against him, he thought he might now tender a resignation of the office he held of commander-inchief, without appearing to shrink from those charges, or that he ever entertained a doubt of his innocence being fully proved. That the motives which induced him to approach his majesty, who, as a kind and indulgent father and gracious sovereign, had conferred on him this high command, in order to request he would again receive them, were, that having obtained so complete an acquittal of all corrupt motives and of all participation or connivance at corruption, with which he had been charged, he was desirous of giving way to that public sentiment which those charges, however ill founded, had unfortunately drawn on him. That it did not become him to give up a situation, in which his majesty's confidence had placed him, without expressing a hope, that d. ring the period of fourteen years he had had the honour to hold it, his majesty had been convinced that he had done every thing in his power to promote the interests of the service, and to evince his constant regard to the welfare and prosperity of the army."

This communication having been made to his majesty by his royal highness, his majesty had been most graciously pleased to accept it. He had then stated it to the house,

without any comment of his own, and he left it to his right honourable friend to determine, after having heard it, whether he would think it necessary to proceed with his motion.

Mr. Bragge Bathurst said, his right honourable friend, who had just stated a great and important fact, had called on him to say whether he would deem it necessary to persist in bringing forward his motion. He could assure his right honourable friend and the house, that nothing but the imperious duty he owed to himself as an humble individual, added to the respect he felt for the opinions of many members of that house, (who had all along thought with him that something more was necessary than the resolutions of his right honourable friend, which had already been passed, to show to the public the sense which that house entertained of such parts of the conduct of his royal highness as did not partake either of corruption or connivance, but which they thought, nevertheless, were deserving of censure,) would influence him to persist in bringing forward his resolution. Many persons thought the house had not gone far enough in adopting the resolutions of his right honourable friend, and he saw no reason why something further should not be the consequence of the inquiry, in a case which lay between the public and the illustrious person who had been the object of it. To explain his intention to the house was all he was desirous of doing: hoping he had succeeded in that, he would no longer detain them, than by putting his resolution into the hands of the speaker to be read from the chair.

The speaker then read the resolution, the purport of which was:

"That

T

"That while the house acknowledges the beneficial effects resulting from the services of his royal highness the duke of York, during the time of his being commander-inchief, they had observed with the greatest regret that, in consequence of a connexion most immoral and unbecoming, a pernicious and corrupt influence had been used in respect to military promotions, and such as gave colour to the various reports respecting the knowledge of the commander-in-chief of these

transactions."

Sir W. Curtis seconded the motion.

Lord Althorpe said, that the right honourable gentleman had lamented the loss the public would sustain by the resignation of the duke of York as commander-inchief; but the question was, whether that loss would not be much diminished, by the removal of a person who had lost the confidence of the public, and whose conduct had received so many severe animadversions in the course of the inquiry which had taken place. As to the argument of his rank, when he recollected the delicacy which many persons in that house had thought it necessary to use with regard to his royal highness, because he was the king's son, he must own he thought it much better that, in responsible situations, such persons only should be placed as to take away every idea of hesitation, in calling them to the strictest account, whenever their conduct should appear to the house to deserve it. His royal highness had, by the resolutions adopted by the house, been declared not guilty of corruption. He, for his own part, did think the duke of York had been found guilty. He thought, however, the question now stood

in the way in which it ought, as the house would show by that night's proceeding, that if his royal highness had not resigned, the house would have gone further; but as the case now stood, they would evince, that by forbearing to go further, they did not wish to push matters to any unnecessary extremity, but would be satisfied with having taken such measures as would prevent the recurrence of similar transactions in future. He did not consider the resignation of the duke of York as a punishment, but as a step taken in consequence of having by his imprudence and irregularity lost the confidence of the public. The right honourable gentleman had spoken as if he seemed to think the duke of York might hereafter be restored to the high office he had so lately enjoyed. He hoped, however, the duke of York would never again be permitted to resume that situation. It was his intention to move an amendment, and the purport of the resolution he would wish to propose

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Majority 123 for leaving out the word "now."

Mr. C. W. Wynne said, that as the house had thought proper to drop all proceedings on the inquiry into the conduct of the duke of York, in consequence of the resignation of his royal highness, he did not think it necessary to pursue any further the notice which he had given relative to the letter written by the duke to that house. His opinion, that a certain paragraph in the letter in question was highly unconstitutional, still remained the same; and if the house had determined on any further measure, either by address, or by any prosecution or impeachment, he would unquestionably have persisted in his motion on that subject. As it had, however, been thought proper by the house to adopt a different course of proceeding, and as he himself had understood that his royal highness had been led into the measure by others, contrary to his own better judgement, he should in consequence abandon the motion respecting that letter, of which he had given notice.

The chancellor of the exchequer said, he did not know from whom the honourable and learned gentleman had received the information

he had just mentioned, but he assured him that he was ready at any time, and at all times, to meet him on that subject. He had explained sufficiently when the letter was first objected to, that he was sure his royal highness never had the slightest intention of addressing any thing to that house which could be deemed unconstitutional, and that no part of it could fairly be construed as such. The honourable and learned gentleman had, therefore, no more reason then to give the notice than he had now to abandon it. He was certainly at liberty to act as he thought proper; but he (Mr. Perceval) must repeat, that there was no position, from the beginning to the end of that letter, which he was not ready to maintain.

Mr. Whitbread said, he maintained the opinion which he had first expressed relative to that letter, viz. that it was highly unconstitutional; and if his honourable friend had persisted in his motion, he would have supported that doctrine. He had always thought that his royal highness was not the author of that letter; and from the manner of the right honourable gentleman, he was persuaded the composition was chiefly his own. He was therefore right in saying it was not unconstitutional, as it in all likelihood rested solely on his own head. He should be sorry if what the right honourable gentleman had said should provoke his honourable friend to revive his motion; at the same time he must say, the right honourable gentleman might as well have abstained. from throwing down the gauntlet at the moment he had chosen ; but if it had been brought before the house, he had no doubt of being able to show he was well-found.

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