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cessity of raising money by the disposal of commissions, in order that she might make up for the small allowance paid her by the duke. The chancellor of the exchequer triumphantly brought forward proofs, that the sum allowed her was by no means small; but as this sum was expressly paid for the maintenance of only part of her establishment; and as the whole of it, with such a woman, must have been expensive in the same proportion, it seemed hardly possible, that the duke who paid this sum, and knew the purposes for which it was intended, should have been ignorant of the whole annual expense at which she lived, and of the inadequacy of the means with which he supplied her to defray that expense.

There were other members in the house, who, willing to acquit the duke not only of all participation in the profits, but even of all direct knowledge of the proceedings of Mrs. Clarke, still were disposed to maintain, that on account of his negligence and inattention, in permitting Mrs. Clarke to appear to have improper influence over him; the consequent illegal traffic which had been introduced into the army; and the necessity that the person who held the situation of commander-in-chief should perform its high duties, free, if possi. ble, from the taint of suspicion,he ought to resign; and that the house, by a solemn vote, should express their opinion to that pur

pose.

We have already adverted to the step which the duke of York took pending the investigation, and characterized it as equally injudicious and hurtful to his cause, as the mode pursued by his defenders. Setting aside the objections to the 1809.

letter which he addressed to the speaker of the house of commons on the ground of its being informal and contrary to the usages of parliament, it was extremely ill-advised, and ill-timed. Had he come boldly forward when the charges were first advanced, and demanded to be tried, in order that his innocence, if proved, might have been established solely by those means to which every other accused per son must have recourse ;-this challenging of inquiry would have broken his fall, if he had not suc ceeded in his exculpation, and removed that strong suspicion of his guilt which arose from the unusual modes that were employed for his defence. The friends who advised him to this step ought to have known, that the nation regarded the trial of the duke of York as a matter of the highest moment, not so much on account of the charges brought against him, as from their anxiety to ascertain whether the constitution still retained its origi nal purity and strength;-whether the accused, in this instance, would be permitted to derive any benefit and indulgence from his rank and power; or whether the same justice, administered in the same manner, would be meted out to him, as, under similar circumstances, would have been meted to the hum blest of his majesty's subjects. They were therefore grieved to see that the duke of York had been advised to oppose his honour to the evidence brought against him; they could hardly persuade themselves that he would have offered this, his bare word, unless his advisers believed it more worthy of credit than the bare word of any other accused person, and expected that it would have more weight with the house of commons.

S

The

The manner in which his royal highness announced his resignation of the office of commander-in-chief, may perhaps also be objected to, as indirect and unfair. Having been acquitted by the majority of the house of commons, and therefore being able to retire with his innocence established, he has received his majesty's permission to resign his situation. But this mode of resigning necessarily resulted from the manner in which he had been defended by his friends, and from the tone he had assumed in his letter to the speaker. It could hardly be expected that he should have ascribed his resignation to the real cause-to the strong and universal opinion entertained by the nation, in direct opposition to the opinion expressed by the votes of a majority of their representatives. After having struggled so long against the wish of the people, he could not but yield to it, with a bad grace, and in an embarrassed man

ner.

A review of all the circumstances attending this very important transaction, necessarily gives rise to various reflections of a general nature. In the first place it may well be questioned, whether, if every thing be taken into consideration, per sons of such high rank as the duke of York ought to be placed in situations of great responsibility. It may be unjust and harsh to preclude men, merely because they are of royal birth, from enjoying the honours and emoluments of the state; and injurious to the state, to deprive it of zeal and ability, when they happen to be found so allied. But the good of the state seems to require it. By the spirit and letter of cur constitution, in'deed, the king's sons, or brothers,

equally responsible with any

other of his subjects: But is the responsibility real ? and if real, can it be carried into effect, in the usual course of law, by the accustomed instrumentality of the king's servants, and with as little reluctance and delay, as where the object is not distinguished by his relationship to royalty? It may indeed be urged, that the fate of the duke of Yok proves that responsibility is more than a name: but his case, instead of weakening our argument, or going against the practice we are recommending, makes strongly in our favour. The duke certainly suffered for his failure in the performance of his duty ascommanderin-chief. But the usual course of justice was in his case subverted. The nation, and not the represen tatives of the nation, compelled him to resign: and it is because we do not wish again to see the nation acting, either contrary to its representatives or independently of them, that we would wish no per son to fill a situation, whom the usual course and the proper ministers of justice could not easily, and would not readily, remove, if he failed in the performance of his duty. There have been so many instances, of late, in which the responsibility declared by our constitution to exist, has been either entirely set aside or reduced to a mere name, by the ministerial power, or connexion of the persons who should have been called to account, that the possession of still higher power or connexion should exclude the person, to whose lot it falls, from every situation of high duty and deep responsibility. We acknowledge that the measure we recommend must operate in a hard and harsh manner to individuals : but the good of the nation demands it, and will continue to de

mand

mand it, till the virtue of public men shall be so firm and courageous, as to make the son of a king as actually responsible for his misdeeds, as the most lowly and unprotected subject.

In the second place, the interest which the whole nation took in the proceedings relative to the duke of York, is a very pleasing and satisfactory proof of that persuasion which every Briton feels, that he is personally concerned in whatever concerns the purity of the constitution and the well-being of the state. Trusting, as we do, that no instance will occur hereafter, in which it will be necessary for the people to express their conviction and their expectations, so strongly and unequivocally as they did du ring the progress of the investigation, we are nevertheless proud and rejoiced, that when the occasion and necessity did occur, they were hot tame and acquiescent;-that they did not look upon the charges and the conduct of the house of commons as foreign to themselves, but stept forward to state their opinion in a manner which plainly declared that they knew and felt it to be their right, not less than their in terest, to avow their opinion; and that they expected, by. making known that opinion in a firm but temperate manner, it would be attended to and respected.

While this feeling continues to exist and to operate; while Britons believe and experience that their individual interest is connected with the national interest; and that whatever reflects disgrace and dis honour upon their country affects themselves, there is little danger either of domestic or foreign slavery. In no trait of character, perhaps, is there a greater distinction between the inhabitants of these

islands, and the people of the continent, than in the degree, intensity and pervading influence with which this feeling exists and operates. The inhalants of most of those countries which have been overrun and conquered by the French, looked upon the measures of their respective governments as totally without their province; they were not identified with their country, beyond what the associations of childhood, the connexions of relationship and filendship, and local attachment produced. Their thoughts were not continually recalled to the seat of government; canvassing the justice and propriety of its measures, and tracing them till they perceived how they were likely to operate upon themselves as individuals, and upon the nation at large. They possessed not independence of character in so great a degree; they thought not of themselves sufficiently highly, to dare to deem themselves worthy of canvassing the laws which their rulers framed, or the manner in which they conducted the affairs of the nation, though every moment of their lives they experienced the good or bad effects of these laws and this conduct.

The interest which the British nation took in the proceedings relative to the duke of York; and the manner in which they discovered to their representatives and rus lers that they felt this interest, and what their opinions were on the subject, are worthy of reflec tion in another point of view. Ak though it might have been wished that the house of commons had acted more completely as the or gan of the people, and thus have become the means of the duke of York's resignation; yet it is consolatory to remark, that, while on the

one hand, the nation were not dis. posed to forgo its privilege of assembling for the purpose of declaring its sentiments on public affairs; his majesty's ministers, on the other hand, felt the prudence and propriety of yielding to the public voice; for the resigna tion of his royal highness, as has been already observed, may fairly be regarded as a measure undertaken by their advice. When it is objected to them, that they op posed the voice of the nation long after it had declared itself in strong and unequivocal language, it should be recollected, in exculpation, if not in defence of their conduct, that they knew more accurately than it could be known to others, how afflicting and harassing to the feelings of his majesty would be the resignation of his son, and the consequent imputation of acknowledged guilt.-When we call to mind their extreme unwillingness to give up his royal highness;the threats of infamy, and the accu

sations of Jacobinism, which they suspended over the heads of his accusers; and their examinations and speeches, more suited to the character of hired advocates than impartial judges;-we shall undoubtedly feel the stirrings of indignation within our breasts, and sorrowfully compare the days that we have seen with the days that we have read of ;-but when we reflect on what the British nation felt and expressed on the occasion, and on the effect which the expression of their sentiments produced, and look around us in vain for another people who would have been equally bold, persevering, temperate and successful;-and look forward to what such a spirit will produce, if the oppressor who holds the continent in subjection should set his foot on our shores, we shall yet bless ourselves that we have a country worthy to defend, and fellow-citizens capable of defending it.

CHAPTER VIIL

British Affairs continued-Abuses in East-India Patronage-Abstract of the Proceedings of the Court of Directors on that Subject, from 1793brought before the House of Commons-Committee appointed to inquire into the Abuses-Their Report-Consequent Resolutions of the Directors -Hardship, yet Necessity, of the Recall of the Writers and CadetsNegligence of the Directors culpable-Facts relative to Lord Castlereagh brought out before the Committee-Remarks on Lord A. Hamilton's Motion respecting him-The Defence advanced in his Behalf examined-Its extreme Futility and Weakness pointed out-Remarks on Mr. Curwen's Bill

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Difference between it and the Bill as altered by Ministers-Sir Francis Burdett's Plan of Parliamentary Reform-Difficulties in the Way of a real and beneficial Reform-from the Corruption of the Electors-from the unavoidable Influence of Rank and Capital-from the immense Patronage of Ministers-Its good Effects either exaggerated or not clearly stated -Observations on Mr. Wardle's Speech on œconomical Reform-Unsatisfactoriness of Mr. Huskisson's Reply-Decline of Mr. Wardle's Popula rity-Inquiry into the Result of the Verdicts of the Jury-as they affect Mr. Wardle's Character and Motives-as they affect the Charges against the Duke of York.

10 far back as the year 1793, when the charter of the EastIndia company was renewed, it was resolved that each director, within ten days after his election, should take an oath that he would not receive any perquisite, emolument, or favour, for the appointment of any person to any office in the gift of the company, or on account of fixing the voyage of any ships in the company's employ. So strong ly were the court of directors impressed with the necessity of preventing any abuse of patronage, that a heavy penalty was imposed, by their bye-laws, on each director who should be found culpable in this respect; and the director who should recommend a person to a cadetship, as well as the nearest of kin of the newly appointed cadet, were obliged to sign a certificate; the former that neither he, nor any other for him, or to whom he had given the appointment, had received, nor were to receive, any thing for it;-the latter, that it had been given to his relation gratuitouly.

Within a very few years after these enactments, viz. in the year 1798, suspicions of abuses in the nomination of writers were so strong and prevalent, that the court of directors thought proper to set on foot an inquiry into this subject. A committee was accordingly ap

pointed, who came to some resolutions, which, if they had been adopted and acted upon by the court of directors, would have gone a considerable way towards putting an end to the abuses complaine 1 of. The court did, indeed, approve of the report and resolutions of the committee; but before any step could be taken, the direction was changed, and it consequently was necessary to appoint a new committee. This new committee was not permitted to proceed so uninterruptedly in their investigations as the former one; for, on their first report, a long discussion took place, whether it would be proper for them to proceed in their inquiry :-on a division, however, it was carried in the affirmative. Further obstacles and difficulties were thrown in the way of the committee; so that their proceedings were extremely slow and interrupted, and the prospect of much real benefit from their appointment was considerably diminished. In the beginning of the year 1800, they examined their own members, respecting the appointments each had had the disposal of, as a preliminary step towards a similar examination of the other members of the court. But when this proposal was laid before the general court of directors, a motion, that the declaration required from each member should be on

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