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sitation in voting for the dismissal of the Duke of York from the army.

The Master of the Rolls observed, that he had hitherto refrained from speaking, because he wished to hear the opinion of other Members before he delivered his own. Two principles were involved in the question; 1st, Whether they should come to a decision on the subject; 2d, What that decision should be. Mr Bankes' amendment, he thought, would involve the House in an ambiguous decision. He agreed with Sir Francis Burdett in his ideas of corruption. If it could be proved that the Duke of York had connived at the receipt of money by Mrs Clarke, or any one else, the charge of corruption would be brought home to him. It was a question to be decided entirely by the credibility of evidence. It was impossible for the House to decide upon the character and interests, he would not say of the Duke of York, but of the meanest man in the land, by the evidence they had heard at the bar, because it was not given upon oath. The Hon. Member then entered into a long and acute examination of the evidence, which it is unnecessary to particularize, after the numerous speeches upon the subject already given. Mrs Clarke's evidence required to be received with considerable caution, as she had a purpose to serve, and was the declared enemy of the Duke. It was not sufficiently confirmed by other testimony to justify the House in proceeding on it. Her applications, it appeared, had often been unsuccessful, and she appeared to have been in a miserable state of ignorance with respect to military promotions. It must be admitted, that the Duke of York was culpable to a certain degree, in not stedfastly prohibiting her to talk or apply on the subject of military promo tions. The House had only undoubted proofs that application had been made by her in two cases, that of O'Meara and Clavering. The first was not military, and the other had failed.

Sir Samuel Romilly saw the subject under consideration in a different point of view from every person of the profession to which he belonged who had hitherto spoken on it. It was impossible for him, after considering the subject in all its bearings, to agree to the amendment of the Chancellor of the Exchequer. He thought the original address ought to be voted. It had been said that the House ought to come to a decision on the charges against the Duke of York. But no written charges had been brought forward. Mr Wardle had stated facts in his opening speech, and a Committee had been appointed to inquire into these facts. In the letter of

the Duke, (which he considered as a very unfortunate and improper one (he had deprecated the House coming to any decision. It was painful for him to give his opinion, but he could not say that there was no ground for charges against the Duke, or that he disbelieved all the evidence. He then went into a long examination of the credibility of Mrs Clarke, and proved that notwithstanding the circumstances in her situation, and the points alleged against her, her evidence was entitled to credit. There were two things so irresistibly strong in the evidence, as to render it impossible for him to say that there was no ground of charge against the Duke. The first was the testimony of Miss Taylor respecting the conversation between the Duke and Mrs Clarke about Col. French's levy, the second was the note in the Duke's writing about Major Tonyn's promotion. concluded by pointing out the necessity of addressing his Majesty to remove the Duke of York from his office,

He

Mr H. Smith did not think the evidence sufficient to induce the House to inflict censure or punishment on the Duke of York.

The Solicitor General thought it his duty to state to the House the reasons that had determined his opinion. The House ought first, he conceived, to come to a resolution concerning the guilt or innocence of the Duke, before any address was voted. He stated his reasons why Mrs Clarke and Miss Taylor ought not to be believed, and showed that the conduct of the Duke of York to her could not have been adopted, unless he had confided in his innocence.

Mr Wyndham did not consider the evidence as sufficient to convict the Duke of York, though it certainly was sufficient to raise suspicions, and for that reason he would vote (though very unwillingly) for Mr Bankes's amendment.

Lord Castlereagh admitted that Mrs Clarke had spoken a great deal of truth. She had related her own transactions with accuracy, and had no motive to falsify; but her charge of the connivance of the Duke of York he would not believe, be cause it was unsupported almost by others, and because she was actuated by resentment. Had the Duke been guilty, he never would have dismissed her unconditionally, and far less braved her threats. They ought not to vote the Duke guilty, but, if they thought him so, put him upon his trial.

Lord Milton had not formed his opinion from the gentlemen of legal habits, far less from Mr Burton, which went to say, that when any contradiction appeared, the whole evidence should be swept away. He had

no

no doubt that the Duke of York should be deprived of the command of the army. Whether he was guilty of personal corruption, was not so clear. He did not carry his good opinion of Mrs Clarke so far as some others did. The worst case was that of Kennet, which fully proved a corrupt mind in the Duke of York. It might be said that this was not a military case, and if it were excluded, then it would follow that the corruption of his Royal Highness had not been made out. But he thought himself entitled to carry this opinion of the Duke's corruption into the cases of French and Sanden. He neither approved of the addresses proposed, nor of the resolutions of the Chancellor of the Exchequer, He thought it would be better to lay the whole evidence before the King, but he would not press any new measure before the House, as he did not believe that many would coincide with him in opinion. He thought the inconveniences of one of the Royal Family being Commander in Chief much greater than the advantages. It had been said that the Duke would reform, but let it be considered that he was 45, and in his opinion, when a man possessed only the rudiments of folly, he would do nothing, as he grew older, but grow more foolish. The Duke's letter to the House he thought very foolish. It had merely added another charge to those already against the Duke, namely, a charge of falsehood.

Mr Ryder vindicated the Duke of York. The evidence of Mrs Clarke was such that it could not have been received in any, court of justice. Miss Taylor's evidence was liable to strong suspicion. The note respecting Tonyn, when contrasted with the post-mark, proved nothing. Mrs Clarke's knowledge of army affairs was accounted for by her previous connexion with Mr Ogilvie, the army agent. In all his communications with the Duke of York in his official capacity, he found him uniformly solicitous about the welfare of the army, and his predecessor had given him the same information. He then pointed out some of the establishments for the good of the army made by the Duke of York's means, as the military colleges, the military school at Chelsea, &c. He concluded by pointing out the impropriety of the motions of Mr Wardle and Mr Bankes, and the necessity of coming to a resolution respecting the Duke's guilt or innocence.

The Lord Advocate spoke in defence of the Duke of York, but the House was so clamorous for the question, that he could not be heard.

Mr Wilberforce said he had been thus long in speaking, because he wished to hear the sentiments of others, before he laid be

fore the House the opinion which he had formed. He pointed out the extreme improbability that the Duke of York was ignorant of the improper traffic of commissions carried on by his mistress. He then analyzed the evidence of Mrs Clarke, animadverted with great acutenesss on the different charges, and concluded with stating his intention of voting for the amendment of Mr Bankcs.

Mr Canning pointed out the necessity of proceeding by resolutions, commented up. on the inconsistency of the proceedings on the opposite side, and the undue severity with which they treated the Duke of York. After some observations from Lord Folkstone, Mr Ponsonby, and Mr Tierney, the House came to a vote on Mr Bankes's address. For the address 199Against it 294. Majority against Mr Bankes's amended address 95. A second division then took place on Mr Wardle's motion. For it 123-Against it 364-Majority against Mr Wardle's motion 221. It was agreed that the House should proceed in the inquiry on Friday.

Friday, March 17.

The Chancellor of Exchequer, after a few words had passed between him and Mr Tierney, announced his intention to withdraw his resolution, and omit from it the word" charges," and otherwise to alter it to the following effect;

"That this House having appointed a Committee to investigate the conduct of his Royal Highness the Duke of York, as Commander in Chief, and having carefully considered the evidence which came before the said Committee, and finding that personal corruption, and connivance at corrup tion, have been imputed to his said Royal Highness, find it expedient to pronounce a distinct opinion upon the said imputation, and are accordingly of opinion that it is wholly without foundation."

A very long and desultory debate ensu ed, involving all the topics and arguments used during the tedious discussion of this disgusting subject. Sir T. Turton's amendment was first put to the vote, and negatived. Ayes 135-noes 334-majority against the amendment 199. Then the House divided on Mr Percival's motion. Ayes 279-noes 196-majority 82.

Mr Bragge Bathurst, after a short speech, moved the following resolution :

"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 in Chief, they had observed, with the deepest regret, that in consequence of a connection

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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."

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Sir W. Curtis seconded the motion. Lord Althrope said, that the Right Hon. Gentleman had lamented the loss the public would sustain by the resignation of the Duke of York as Commander in Chief; but the question was whether that loss would not be 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? 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 Hon. Gentleman had spoken, as if he seemed to think the Duke of York might hereafter be resto. red to the high office he had so lately enjoyed. He hoped, however, the Duke of York would never again be permit ted to resume that situation. It was his intention to move an amendment, and the purport of the resolution he would wish to propose was,

Monday, March 27.

Mr John Fane presented a petition from Captain Huxley Sanden, stating his services during a period of 32 years, in which he had been wounded and lost an eye. His error, which he deeply lamented, arose from no determinate intention to deceive, but from an alienation of mind, occasioned by a concussion of the brain in a fall some years ago, and by the fatigue of three nights examination before the House. The certificate of a physician, stating the dangerous state of his health, was read, Ordered that Capt. Sanden he brought to the bar of the House to-morrow, in order to be liberated.

He was accordingly brought to the bar next day, when the Speaker addressed him to the following purport:

"Capt. Huxley Sanden-This House having entered on a solemn inquiry, of the utmost importance to the due administration of the army, and of the deepest personal concern with respect to the honour of the illustrious Commander in Chief, you were called upon to give evidence on the matters in issue; and in course of your evidence, were, by this House, adjudged to be guilty of gross prevarication. This offence, at all times destructive of the just authority and privileges of this House, and subversive of the common sanctions of civil society, was in your case peculiarly aggravated by your mi

"That the Duke of York having resigned, the House did not now think it necessary to proceed further on the military character and profession-a chanutes of evidence taken before the Committee appointed to inquire into the conduct of the Duke of York, as far as relates to his Royal Highness."

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He had purposely put in the word now," because he thought the Duke of York ought not at any time hereafter to be restored to his situation as Commander in Chief, and if he should, the House would resume their proceed. ings upon the charges.

After another long desultory debate, Mr Bathurst's motion was negatived without a division. And the Chancellor of the Exchequer having moved, that the word now be omitted in Lord Althrope's amendment, it was carried accordingly on a division, 235 to 112.The amendment then passed without a division, which closes the proceedings on this very extraordinary business.

racter of which truth and honour ought ever to be the inseparable companions. It is your reproach to have fallen from this high eminence, and to have closed a long career of corrupt practices, by incurring the most ignominious sen. tence which the justice of this House can inflict. Nevertheless, the House taking into consideration your expressions of shame and sorrow for your misconduct, and having compassion on the broken state of health under which it is alleged you are suffering, has consented to put an end to your imprisonment. It has, therefore, ordered you to be discharged, and you are discharged accordly, paying the fees.

Mr Whitbread moved, that the reprimand of Capt. Huxley Sanden be entered upon the Journals. Ordered accordingly.

614

Historical Affairs.

INDIA.

originated with the Dewan, who had as

A VARIETY of intelligence has lately sumed the entire control, and had cal

been received from this quarter, among which we regret to find some occurrences of rather an unpleasant nature. We have not room this month for more than the accounts of some hostile operations which have taken place (unexpectedly) in the province of Travancore, in which a small party of British troops have atchieved an enterprize of great danger, with astonishing bravery and sucgess. The cause of the differences betwixt the British Government and the Rajah of Travancore is not stated. We have as yet only the following loose account from Bombay :

"Accounts have been received at Bombay of differences having arisen between the British and the Governor of Travancore, of an attempt that had been made to cut off the Resident (against whom the natives of Travancore are exceedingly exasperated,) and of the Dewan's troops having attacked the lines of our subsidiary force at Quilon. -On the arrival of the India fleet, however, at Cochin, it found the Piedmontaise, with Col. Macaulay on board, ly ing there, for the protection of a few companies of Sepoys, that occupied the place, and were surrounded on all sides by the Travancorians, in considerable force. Several skirmishes had taken place, in which we had lost 40 or 50 men, and our troops were literally confined to the limits of the demolished fortifications of Cochin. Our force at Quilon, under Colonel Chalmers, had been attacked, and had likewise attacked in return, with the loss of about 145 killed and wounded. Many of the enemy had been destroyed; but the communication of our troops with the interior of the country was cut off, and we were dependent for provisions and supplies upon Malabar, from whence these were sent along the coast. It was not perfectly known how far the Rajah of Travancore himself was implicated in these proceedings, which apparently

led forth the whole force of the country. The Rajah of Cochin having refused to join the Travancorians, had been put to death; and his successor, for the same cause, had suffered a similar fate; but the third had concurred in the views of the Travancore Dewan, and had with his people taken up arms against us. Captain Foote, of the Piedmontaise, had destroyed indiscriminate. ly every vessel, of whatever size or description, at Quilon, among which there were, doubtless, several belonging to the Arabs, and to the northern parts of the Malabar coast. Colonel Macaulay had had recourse to the measure of enrolling and arming the Christian inhabitants of Travancore, in consequence of which the Dewan had issued an order to put all the Christians to death, many of whom had suffered. Off Cape Comorin the fleet passed seven small vessels, conveying the 19th regiment, which General Maitland had sent from Columbo to Quilon; and at Galle it was understood that Anjengo had been taken possession of by the Dewan's troops.

The following account of the storming of the lines of Travancore, which was accomplished by Major Welsh on the 10th of February last, with circumstances highly honourable to the skill and gallantry of that officer, will be found extremely interesting.

"On the 8th February, Major Welsh, with Lieutenant Gore, surveyed the enemy's lines, and to their astonishment observed some old walls apparently a bandoned, and an approach of no great difficulty behind the battery on the south hill. This was reported at headquarters in the other camp; Major Welsh proposed to take advantage of the discovery, and requested about 200 Europeans to be added to his own regiment, for the purpose of making the attempt. Colonel St Leger was favourable to the plan; but before he would fi

nally

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nally decide, he sent Majors Welsh and Lambton to a neighbouring hill, to examine more particularly the works, the nature of the approach, &c.

"On the morning of the 9th, at sunrise, Colonel St Leger, Lieutenant-Colonel M'Leod, and Majors Welsh and Lambton, repaired to the observatory, and had a full view of every thing, and returned fully convinced of the practicability of the plan. A deep jungle was discovered at the foot of the hill, but every thing else as had been previously sup posed. A sketch and plan of attack wás made out by Major Welsh, and submitted to Colonel St Leger, Lieutenant Col. M'Leod, and Major Lambton, by whom it was agreed that Major Welsh should take two companies of the piquet, amounting to 150 men, his own corps, and five companies 1st battalion 3d regiment; of these he left three companies of each battalion with the native piquets, and two guns at the advanced posts, under Capt. Stevenson, (who having recently broke his leg, was incapable of climbing ;) the storming party therefore consisted of 150 Europeans, 69th regiment, under Captain Syms; seven volunteer artillery; two companies of grenadiers and light infantry, under Capt. Pepper; seven ditto, infantry, under Captain Lucas; 250 pioneers, under Lieut. Bertram; with four short scaling ladders; and a great quantity of ammunition.

"Having formed a forlorn hope of one serjeant, one corporal, and twelve privates, they marched off, on the road formerly cut by the pioneers to the left or southward, and proceeded without obstruction until they reached the foot of the hill, where they rested for half an hour to form up, and lie down, to allow the blue lights to burn out (these are burnt to prevent surprise.) They again started, and entered a dreadfully deep jungle, occasionally crossing ra vines, ten, twelve, and fourteen feet deep, full of thorns and bushes, through which it was necessary to creep on their hands and feet. At this juncture Major Welsh took the command of the forlorn hope in person, making provision for a safe retreat, assigning to eve ry man his post, and directing that it should beeffected in slow time, and by alternate sections of the European party, firing and filing to the rear. Having

surmounted many difficulties, and scrambled over many precipices, Major Welsh missed every body but the forlorn hope, Lieut. Bertram and his pioneer bugle, with about four pioneers. The night was dark; this small party whistled to no purpose, and were then very near the works. After waiting in vain a quarter of an hour, the men were di rected by their leader to fix their bayonets, cautioned not to fire, but to carry every thing by the bayonet. They as sured Major Welsh of their determination to conquer or die with him, and crept under the walls, when, (having no ladders) it was proposed that they should climb upon one another's shoulders, the Major offering to be the first man; this the men would not allow.Two men got in first, when the Major followed, who, finding the two men greatly exhausted, he himself drew up Lieut. Bertram and six men by main strength, and then gave place to others. Thus we formed a party of about 20.It was exactly four A. M. They sat down, waiting in anxious suspence for some more of the party, who, having taken a different rout in the dark, entered with equal silence and success, with ladders about 200 yards below, to the right. They immediately, on being formed, set to work with a loud peal of musquetry, which was answered by the enemy with guns, blue lights, &c.— The small leading party was somewhat confounded, but this was no time for hesitation. The bugle was sounded, and they gave three loud huzzas, which were answered from one end of the hill to the other in a downward direction, when the firing increased. Unacquainted with the success below, and determined not to quit the hill alive, Major Welsh and his small party pushed up to the summit, still shouting and blowing. At this period Major Welsh, by his exertions, and many severe falls in his efforts, was completely deprived of the use of his limbs, and he fainted several times. Being joined by the light company, 1st battalion of the 3d regiment, he was afterwards carried, by his own desire, to the scene of action.

"As they approached, the day broke, and discovered the whole hill in possession of the British. The colours of the 2d battalion were hoisted on a conspicuous rock, and the guus of the enemy

were

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