and it was but fair to afford him some time for inquiry and reflection, in order to save him from similar failures. where the ballots had already taken place to their fullest extent. Lord Castlereagh said, this clause did no more than carry into effect the principle of the former Militia Enlistment bill, which allowed the privates in each regi The Speaker suggested the form of a motion in the Committee, which was a necessary preliminary to the appointment of the Committee for examining the Let-ment, to the number of three-fifths, to enters given in by Nicholls. This motion was put and carried. The house resumed; and it was ordered, on the motion of Mr. Wharton, That a Conmittee should be appointed to examine the Letters alluded to, and to report to the house such Letters, and such parts of letters, as had any bearing upon the question referred to the consideration of the committee of the whole house. Upon the motion of the Chancellor of the Exchequer, the Committee was ordered to consist of the following members, three of whom are to be a quorum, namely, Mr. Wardle, Mr. W. Wynne, Mr. Croker, Mr. Brand, and Mr. Leach. Lord Cas list into the line. With regard to any partial oppression upon counties which had completed their ballots, and the operation as a premium to others which had not completed their levies, apprehended by the hon. gent. his fears were groundless; for by the last returns of the different counties, it appeared that of the 36,000 men to be raised, the deficiency was not more than 2000 and a fraction, so that the operation of the bill must be general. Besides, in the other bill which he meant to bring forward on the subject, a very considerable relief would be afforded to the ballotted men, towards the means of providing substitutes. Col. Loveden joined in the objections of col. Frankland. [MILITIA ENLISTING BILL.] tlereagh moved that this bill be read a third time, to which he had produced two Lord Castlereagh had no objection to new clauses; the one extending the pro-withdraw the amendment, not wishing to visions of the bill to the fencible regiments press it without allowing time for further of Royal Miners belonging to the counties consideration. of Cornwall and Devonshire; and the other restraining the operation of the bill, whenever the militia establishment fell as low as two-fifths of the quota provided by the act of 1807. The noble lord said, that the principle upon which his Bill went, was, that the Militia regiments should not be weakened to less than two-fifths of their numbers, following the regulation laid down in 1807, nor exceed three-fifths of that number. Colonel Frankland complained, that the noble lord had introduced this clause by surprize upon the house in the last stage of the bill, without having allowed any opportunity for considering it in its various bearings. It was a clause which would go totally to change the established order of the Militia, and went in a particular degree to affect the regiment with which he happened to be best connected. It would operate as a premium to those counties which had been negligent in carrying into effect the Militia act, and tend to encourage such negligence for the future, while it would operate as a heavy and oppressive penalty on those counties which have done their duty by completing their ballots, as it was upon such counties only this bill would have operation, by creating the necessity for a new ballot The Speaker observed the clause had now passed the first and second readings, and was agreed to by the house, and therefore could not be withdrawn consisently with the forms of proceeding. The Clause was read a third time and agreed to. Several other amendments were then moved by lord Castlereagh, and agreed to.-Upon the question being put that the bill do pass, Lord Milton rose to object to it altogether, as being a measure introduced in direct violation of what he always understood to be the positive pledge of the noble lord upon the introduction of his former bill; namely, that it was not to be adopted as a regular and permanent system, but only to be resorted to on great and urgent occasions. It was upon the strength of this promise that many gentlemen were induced to agree to the principle, who never expected that the noble lord would convert a measure, avowedly of temporary pressure, into a regular and permanent system. But now, without stating any such emergency, the noble lord revived the measure, and seemed to rest upon it as a regular expedient for recruiting the troops of the line. But the measure itself could not fail to produce the most mischievous effects upon the discipline and morality of the militia regiments themselves, by exposing the privates to be tampered with by intoxication and other means equally destructive to morals and discipline, in order to induce them to enlist; and therefore, even if it were objectionable upon no other ground, it was highly so upon this. One great object of keeping up the militia force within the country, was, that it might be ready to meet an enemy in case of invasion: but if by the principle of this bill the best disciplined men of the militia regiments were to be drafted into the disposable force, and the militia regiments thus reduced to skeletons, and left to be filled up with raw levics, the noble lord would not say, that regiments so circumstanced, and only called out for a month in the year, could be fit to meet an enemy in the field. He therefore thought the country rather hardly dealt by in this measure, not only upon the ground he had stated, but by the oppressive burthens which a fresh ballot would impose. The noble lord, it seemed, had at last found out that the ballot was oppressive on the people; and he had found out an expedient for easing the burthen, by allowing to each balloted man ten guineas towards the bounty for procuring a substitute. The only operation however to be expected from this was to raise the price of substitutes, and impose in another way, a heavy burthen on the country. This was truly a most notable expedient, one which it was quite impossible the noble lord himself could expect to produce the effects he proposed. Upon the whole, he was decidedly averse, after so recently carrying into effect a militia ballot throughout the country, to resort again to another, and thus for the noble lord to come forward, year after year, with a measure like this, totally subversive of the original intent and constitution of the militia, and converting it to a mere vehicle for recruiting the line. Lord Castlereagh answered that it would be in the course of a week. Sir George Warrender, though wishing to increase the disposable force of the country, thought the means proposed by this bill circuitous, inefficacious, and hostile to their own operation. He should rather at once vote for a bill to enable the whole of the militia to volunteer into the line, than take away one half of the militia, and leave the other to be filled up by recruits. It would be infinitely less oppressive to ballot men at once for the line. Mr. Windham rose, and said, that if he forbore troubling the house at present at any length, it was not from want of a due scuse of the many and radical objections to which the present measure was liable; but as another Bill was shortly to be introduced, when there would be full opportunity of discussion, he should reserve himself for that occasion; though it was rather unfortunate that his observations would come after half of a measure had been already adopted. But, while the present Inquiry into the Conduct of the Commander in Chief which so occupied their attention, to the exclusion of the weightiest considerations, considerations affecting the very existence of the empire, lasted, it was difficult, if not impossible to find opportunity for any other discussion. By the mode they had thought proper to adopt in conducting that inquiry, which, however, he thought could have been attained by a different course, as effectual, and certainly more speedy, it was now found they could not calculate upon its probable conclusion; on the contrary, they had no controul whatever over their own proceedings, for a single woman (Mrs. Clarke) had shewn that she could rout them horse and foot; it was, therefore, he thought the noble lord should not have brought the business on in such a situation. However detrimental the course they had adopted of prosecuting the Inquiry was, both to the service of the country and to the character of the house, they were thereby reduced to the necessity of submitting to see a measure which was only temporary, become permanent, without either the attention or attendance of the Mr. Shaiv Lefevre was also averse to this measure, and testified to the severity with which the militia ballots operated. He regretted that the noble lord should bring forward the present bill, and urge it through the house, before he introduced the other bill, of which he had given no-house. He should, therefore, reserve himtice. On the former occasion, both bills self till the opportunity arrived of discuswere brought forward together, and the sing it attentively, only contenting himself house had an opportunity of discussing with saying, that however politically hosthem in their progress. He wished the tile he might be to the present adminisnoble lord to state when he meant to in-tration, there was no measure, their con troduce his other bill. duct respecting Spain not excepted, he would sooner take, whereon to form a just 4 where peers of Ireland and Scotland, not estimate of the weakness of their counsels. -The Bill was then passed and ordered to the Lords. HOUSE OF COMMONS. Wednesday, February 15. [IRISH PECULATORS.] Sir J. Newport wished to ask the right hon. secretary for Ireland, whether or not any steps had been taken for the criminal prosecution of the late collector for Cork, in consequence of his embezzlement of the public money? Sir A. Wellesley answered, he did not understand that any steps had been taken for his prosecution: he was now, however, in gaol. Sir John Newport then gave notice, that he should, on Friday next, move for leave to bring in a Bill to constitute Embezzlement of the Public Money by any collector or agent entrusted with the receipt thereof, a felony, without benefit of clergy. of the upper house of parliament, might sit as members. Besides, so far from being actually in the possession of the title of Lindsey, it was necessary for the hon. general to go into the investigation of records for 160 years, in order to prove his claims. He, therefore, concluded by a wish to put some motion for withdrawing the writ, or annulling the order of yesterday. Mr. Madocks said, that he was not aware of the circumstances now stated by the noble lord, when he made his motion for the writ yesterday. It had been communicated to him, that gen. Bertie was come to the title, and summoned to the upper house, and therefore feeling that the right of election and representation was the privilege of the electors of Stanford, he had moved for the writ. The Speaker rose to state, with leave of the house, what occurred to him on the subject. It was usual with the house to give credit to the statement of any of its members which met with no contradiction, and therefore when the hon. member stated yesterday as a fact the circumstance which was the ground of his motion, and no ob occurred in the case of gen. Egerton, the presumptive heir to the duke of Bridgwater. The writ was ordered to be superseded. [STAMFORD WRIT.] Lord Henniker rose to call the attention of the house to the subject of a motion made by an hon. gent. yesterday, for a writ to issue for the election of a member for Stamford, in thejection was made, the house, as a matter room of gen. Bertie, now a peer of the of course, agreed to it, and the order was united kingdom. But first, he moved that made accordingly. But now that the the act be read which explained the cases house was better informed upon the subwherein members should be deemed to ject, it would be competent for them to have vacated their seats.--[It was read ac- amend the proceeding by an order to sucordingly.]-The noble lord then observ-persede the writ. Something similar had ed, that although he was sure the motion of the hon. gent. last night for the writ in question to issue, was made with the worthiest motives, yet it appeared to him that his zeal was rather premature, as such a motion could only be warranted by a thorough conviction of the fact that the hon. general had really vacated his seat; by a letter in his hand from gen. Bertie, it appeared that that hon. member was not himself conscious of having vacated his seat; neither did he appear, under the meaning of the act now read, to have done so, by any thing stated in the motive assigned for the hon.gent 's motion. It was true, indeed, that gen. Bertie had ground to consider himself as next heir to the noble title of Lindsey, and consequently a peer of the united kingdom, and might have received his summons under the great seal to assume that title; but, then he was not summoned to take his seat as a peer of parliament, which was necessary, in order to vacate his seat in that house, [MAJOR COVELL.] Mr. Whitbread stated to the house his wish to attract its particular attention for a very few moments. Although he had no distinct proposition to make, he still hoped for its indulgence, as his object was to do justice to the character of a very meritorious officer, whose feelings were wounded in consequence of some part of the examination of colonel Gordon, last night, in the committee. He alluded to Major Covell. That respectable officer was that day introduced to him, and during the short period of his interview, expressed the apprehensions he entertained, lest from what appeared in the papers of the day, an impression might go abroad injurious to his character. He then presented to him the paper which he (Mr. W.) held in his hand. It was a letter from majorgeneral Leith, expressive of the high opi cer, who was a subaltern in the 76th regiment, to hope you will acquit me of the most distant Sir Arthur Wellesley wished permission to say a few words in consequence of what was stated in the letter just read. He had the honour of knowing both lieut.-colonelShaw and major Covell, and of both he had a very high opinion. But notwithstanding the suggestions in that letter, he did not think it at all surprising that lieut.col. Shaw, who in 1804 was a lieut. colo-nel, should be appointed to a regiment in preference to major Covell, who was not nion which that officer entertained of the meritorious services of major Covell, an opinion not expressed alone in general terms, but justified by a reference to his able conduct in commanding the 76th regiment, in the late masterly retreat of the British army, under the lamented sir John Moore.-Major Covell was anxious that he should state these circumstances to the house, to protect his reputation from any unmerited aspersion. In answer he (Mr. W.) did assure him that not a doubt existed in the breast of any member of the Committee, relative to his meritorious character and conduct, nor was there any symptom manifested by any person of a wish to cast the remotest suspicion upon either. An irrelevant examination had been gone into, in which colonel Gordon was reduced to the necessity of an answer referring to him; but such examination was subsequently expunged from the minutes of the committee.I do hope, said Mr. Whitbread, that the house will excuse this tress-promoted to his majority until 1807. He pass upon its attention, and that it will perceive that the sole object is to satisfy the feelings of a distinguished officer, (hear! hear!) apprehensive of undeservedly suffering in the estimation of his country, from the tendency of certain questions, put by a Committee of this house. I now beg leave, without either comment or observation, to read the following letter from major-general Leith to sir Thomas Musgrave: himself had known col. Shaw in the 76th regiment so long back as the year 1787, and, from his services in India with the 76th, that officer had claims for promotion in that particular regiment. It was under the conviction of such claims that he thought proper to recommend the appointment to his royal highness the Commander in Chief, conceiving it probable that lieut. colonel Symes would have been allowed to sell his lieutenant-colonelcy. That sale the Commander in Chief did not allow; but, when col. Symes was changed to a garrison battalion, the appointment of col. Shaw took place. The Speaker then interfered, as there was no question before the house. "No. 10, Cork-street, Burlington-street, 14th Feb. 1809. "SIR-Having had the honour to command a Brigade in Spain of which the 76th regiment Mr. Whitbread had, in reply, only to formed a part, I trust you will pardon my addressing you on a subject of a regimental na-impress upon the house, that major Covell ture, which the interest I feel in a corps that has had been thirteen years a captain, and faithfully served under my orders, and justice then purchased his majority. to major Covell, who commanded, have principally prompted. It is due to major Covell to state, that the late much regretted lieutenant [CONDUCT OF THE DUKE OF YORK.] colonel Symes, from having been employed on other duties and ill health, commanded the Mr. Leach reported from the Committee, 76th regiment but one day in the field, near appointed to inspect certain Letters which Lugo, where he was obliged to relinquish it; were delivered in to the Committee of the previous and subsequent to that period major whole house, appointed to investigate the Covell paid the greatest attention to his charge, Conduct of h. r. h. the Duke of York, and and I had hoped, that under the circumstances to report to the house such of them, or of the vacancy occasioned by the death of lieu- such parts of them, as may be relevant to tenant colonel Symes, he would have received the matters referred to the consideration the vacant commission. I apprehend it was of the said Committee of the whole House. not known to the Commander in Chief, that during the whole of the arduous retreat of the The Report was as follows: "Your Comlate army major Covell had charge of the regi-mittee have inspected the several letters ment, and without disparagement to lieutenant referred to them by this honourable house; colonel Shaw, it could not fail to be a circum- and, in pursuance of their instructions, stance of a depressing nature, to find that off-they have selected those letters inclosed VOL. XII, 2 U in a bundle marked A. But they beg leave to remark, that they do not wish it to be understood that all these letters afford direct evidence applicable to the subject now made, or any which may hereafter become the subject of inquiry; but your Committee do not conceive them, selves authorized to judge whether these letters are admissible evidence." threats repeatedly held out to intimidate him. Menaces had been frequently uttered, that infamy would attach to him if he failed in his pursuit. But, nevertheless, his honourable friend had gone on, day after day, in spite of such menaces, and performed his public duty, as became a member of that house. Having stated thus much in behalf of his hon. friend, there were some other points to which he had now to call the attention of the house, in respect to some papers to which he had alluded yesterday, and the particulars of which he did not think he was bound to conceal from the house. As to any attempt at stigmatizing the motives by which he was actuated, he felt the most perfect indifference. In addition to the clue to other documents had been given him by a gentleman who did not wish to be brought forward; but who stated that he had seen in the possession of a person in the city some papers of an important nature, chiefly affecting the D. of York. Those papers, he said, were in the hands of a person who did not wish to produce Lord Folkestone now rose to move the order of the day for the house to resolve into a Committee upon the Inquiry_respecting the Conduct of h. r. h. the Commander in Chief. But first he hoped to be indulged with the liberty of a few observations, in consequence of what had passed last night. He felt it unnecessary to say any thing with respect to himself, or the part he had taken in this proceed-proofs in the hands of his hon. friend, a ing; but he hoped the house would do justice to the motives and conduct of the hon. gent., whom he was happy to call his hon. friend, but who had been more than once stigmatized, in the course of this enquiry, by the appellation of the accuser. His hon. friend, he would say, had not been fairly dealt by: for in the arduous and important task he had under-them. He did not name the person, but taken from an imperious sense of public left it for conjecture to find him out from duty, he had not been allowed to proceed the mere suggestion of a remote clue, that in the mede he himself would have chosen, he was the solicitor to a banker, whom he but was forced to adopt the line suggested named, and that they had come into his by a learned gentleman in that house, hands in consequence of a bankruptcy. who was the avowed friend and adviser of There were several bankers of the same the party accused. He believed this was name; but he (Lord F.) undertook the inthe first time when, on any similar pro- quiry, and found out the solicitor, called ceeding, the person bringing forward a on him, and asked him if he had the pacharge for the sake of public justice was pers? He said he had. He was then refused the liberty of choosing his own asked whether he would produce them? mode of conducting his proceeding, and He answered, that he wished not to do so. forced to adopt the line pointed out by His reason was asked: and he answered the friend and adviser of the accused. that he did not wish to appear at the bar His hon. friend had been obliged to go on of the house of commons, lest he might day after day, without interval or respite, be looked upon as an informer, or his under the fatiguing exertions inseparable name held up to the public coupled with from the duty he had undertaken, up to some of the persons who had been exathe very moment when he (the noble lord) mined there. Some pains were taken to seeing him oppressed, and sinking under obviate his objections; but he said he was the task by mere fatigue of mind and afraid the right hon. gent. the Chancellor body, had come forward to his assistance. of the Exchequer, and his connections, His hon. friend, in the side he had taken, might injure him in his professional purwas allowed no such assistants as a Low- suits; indeed, his principal apprehension ten, or a Wilkinson. He was obliged to seemed to be of professional injury. do the whole duty, and seek evidence was asked, if it was a matter of etiquette where he could find it. The noble lord in his profession, in cases of bankruptcy, trusted it would never be forgotten in not to produce such papers; and he anthat house, that it would be held in ever-swered, No,' but said, that as the matlasting remembrance by the country at ter was taken up as a ministerial question large, that his honourable friend had been [No! no! no! from the Treasury bench] obliged to follow up his duty, under he was afraid to produce them, as the He |