and he ought not to be suffered to step in and take military rank and pay from men, who venture their lives for their country. He lies snug at the Horse Guards, while the person, who is supplying his place in the regiment, the person who is doing that duty for which Captain Maling has rank and pay, has his head exposed to the sabre or the bayonet of the enemy. Can there be an instance, more complete than this, of crying injustice? Is it possible that the real officers of the army should be content under such a system of distributing the benefits of rank and pay? Is it possible, that an army, thus treated, should be what it ought to be? And, is it not impudence unparalleled, to praise the management of the army, while such a case as this stands recorded in evidence, at the bar of the House? Oh! Colonel Gordon! Colonel Gordon, you who require a man of “uncommon abilities” to manage the promotions “under you;” what do you think would be the answer of the Emperor Napoleon, if his war-minister were to say to him: “There is a man who is uncommonly clever at filling up blank-commissions and making memorandums and copying letters; and, therefore, I would recommend him to your Majesty as a mightily proper person to command a company of foot, letting him still remain a clerk in my office?” What do you think would be, in such a case, the answer of Napoleon?
It is not thus that triumphings are managed, Colonel Gordon.
But, observe, the curious account that the Colonel gives of what was intended to be done with this Captain Maling of “uncommon abilities.” He recommended him, he says, to the Commander-in-Chief, to be placed upon half-pay as a Captain. But, he is upon full-pay! The Duke, he tells us, has not the power to place him upon half-pay; but he has had the power to place him upon full-pay, where he now is! Oh! wonderously fine regulations! Oh! the “excellent regularity” of conducting things in the office of the Commander-in-Chief! I am delighted with this idea of “regularity.” It does form, as Mr. Cripps seemed to think, such a famous set-off against all the thumping charges relating to jobbing and corruption.
Case of French and Sandon.—This case opens to us a most extensive field of corruption and profligacy. In the evidence relating to this case, we have a view of the whole system; and, therefore, it is worthy of particular notice, not only in its substance, but in the whole of its detail.
It is proved by documentary evidence, that, on the 30th of April, 1804, Colonel French and Capt. Huxley Sandon obtained a Letter of Service, as it is quaintly called; or, in plain English, an authority, to raise 5,000 men for the army; and that this authority, and bargain, was granted and made through the power of the Commander-in-Chief, the transaction being one that originated in his office.
The proposition of a loan to the Duke comes out incidentally.
Capt. Huxley Sandon states, that a Mr. Cockayne, his attorney, having told him that if he wanted any thing done at the War-office, he knew a person who could do it, he was led to the transaction in question, in conjunction with Col. French; that there was an agent of Mrs. Clarke, a Mr. Corri, a music-master, who was to introduce them; that the original bargain was, that Mrs. Clarke was to receive 525l., and Mr. Corri 200l. for the introduction, the former sum to be increased, at his discretion, if they were successful in their levy, to 2,000l.
Mr. Corri states, that Sandon did apply to him, and commissioned him to offer Mrs. Clarke 2,000l. for her assistance; that he, in consequence, did apply to Mrs. Clarke; and that, in June, 1804, he received two hundred pounds for himself, from Sandon, which 200l. he gave to Mr. Cockayne, to whom he was in debt.
Mr. Dowler states, that he saw Col. French and Capt. Sandon at Mrs. Clarke’s; that, by desire of Mrs. Clarke, he spoke to them, several times, upon the subject of the levy; that Mrs. Clarke told him, that she was to receive 1,000 guineas, and a guinea a man, until the levy of 5,000 men should be completed. To this he adds: “I was also present when Colonel French or Captain Sandon, I don’t know which, gave Mrs. Clarke 500l. of it. I afterwards saw Colonel French at Mrs. Clarke’s, when he stated to her, that it was not possible to procure the number of men at the usual bounty, and begged that the number of boys should be increased in the levy, which, as I understand, was afterwards done.”—Upon being asked, what cause she assigned for doing such things? he says: “She said the Duke of York was so distressed for money that she could not bear to ask him for any, and that that was the only way by which she could support her establishment.”
Mr. Grant (agent to Colonel French and Captain Sandon’s levy) states, that French and Sandon told him that they had got the levy through the influence of a friend, which friend he afterwards found to be Mrs. Clarke; that they told him this; that he understood she was to receive 500 guineas at first, and afterwards a guinea a man for every man raised; that he was told, by French and Sandon, that she actually received several sums from them; that he accepted a bill of 200l.; that they told him they had actually paid her 1,700l.; that he recollects that Colonel French applied to him about a loan of 5,000l. to the Duke of York, but that he took no steps upon it; that he recollects, that an observation was made, that it might be advanced, provided the arrears of the levy were paid up by government, but does not recollect, whether the observation came from himself, or from Colonel French.
It was now, when Mr. Grant’s examination was closed, nearly two o’clock in the morning of the 8th of February, and, upon the propriety of calling Mrs. Clarke, the following very interesting and memorable discussion took place in the House, as reported in the newspapers.
Lord Folkestone called the attention of gentlemen to the exhausted state of the hon. member who brought forward the motion, the state of the House, and the lateness of the hour, and proposed an adjournment. (A cry of “Go on! go on!”)—Mr. Perceval observed, that many members appeared to be impressed with the belief, that the purposes of justice required that Mrs. Clarke should be examined to-night, and in that sentiment he was much inclined to concur. As justice was the object of all, he hoped that Mrs. Clarke would be called in and examined. Without her evidence, the whole that had been said was nothing, as the Duke of York had not been implicated.—Mr. Wardle said, that the right hon. gentleman need not have so strongly urged upon him a regard to justice. If the Committee thought that justice required it, he was ready to proceed.—Mrs. Clarke was then ordered to be called.—Mr. Wharton (the Chairman) stated that Mrs. Clarke was so exhausted, that she begged to be indulged with a chair. [A chair was accordingly ordered.] He then said, that he found from the Sergeant at Arms, that he had misstated the message, which was a request from Mrs. Clarke that she might not be examined to-night. Mrs. Clarke, however, was called in. She stated that she had attended for eight hours, that her feelings had been excessively harassed during this examination, and that she was so excessively fatigued that she could not give her evidence to-night.—The Chairman told her, that the Committee, in consideration of her fatigue, had ordered a chair for her.—Mrs. Clarke. “A chair will not relieve the fatigue of my mind.”— The witness was then ordered to withdraw.—Mr. Yorke adverted to the necessity, with a view to the purposes of justice, that the witness should be examined, lest some undue communication with the witnesses already examined should take place. He thought, therefore, that she ought to be examined, or kept in the custody of the Sergeant at Arms, and none of these witnesses admitted to her presence till the House met again. He did not know but there might be precedents for keeping witnesses in this way.
The Speaker said that there were certainly no such precedents in modern times, and the House ought to pause before they came to a decision upon a point in which the liberty of the subject was so much concerned.
Mr. Sheridan said that after what the witness had said under circumstances that certainly added weight to her assertion, it was impossible for the Committee to proceed to the examination. The idea on the other hand, of locking her up, was contrary to every principle of propriety. The only remaining course was to do neither; and this was an inconvenience incident to their proceedings. Gentlemen ought to recollect, that justice was concerned in her giving her testimony in a state in which she could give it properly; and unless the House took care that this should be done, they would be considered rather as Parties than as Judges.
Mr.
