alteration had yet been made. This was all the knowledge government had of the transaction, until the official copy of it arrived on the 16th of Sept-It had also been urged as a cause of the failure, that the army sent to Portugal was deficient in equipment, and unprovided with cavalry. Had that really been the case, then blame would attach to ministers; but how did the thing stand? Had the army been so deficient in these essentials as gentlemen would represent, could it have gained not only that splendid victory, but complete triumph, which was won at Vimiera ? But, it would be said it might have been more complete. The gallant general who commanded well knew that reinforcements would soon arrive. It had been even prescribed to him where to wait their arri val, if he did not conceive the force he already possessed to be equal to the objects he had in view. He was not for attaching any blame to his right hon. friend. for not waiting their arrival; the spirit, the boldness, the courage, and the correctness with which he achieved the victory, proved that his means were not inadequate. The gallant general succeeded; but it was insinuated he ought not to have succeeded. Such was his brilliant career, however, till the negotiation. But was there no period after, when hostilities might have been recommenced? Did not reinforcements arrive on the 26th of August? Was not the British army then superior to that of the enemy both in cavalry, in artillery, and in every equipment? Be

commanders? Under those impressions a Board of Inquiry was resorted to, and the decision of that court we had reason to consider as final; for if, after that, government should have sent any officer to trial, not only would they have sent him to trial prejudged by popular clamour, but also loaded with the decision of government against him.-The next charge urged by the noble lord and the right hon. gent., was the appointment of sir H. Dalrymple. In the selection of that officer for the command, all his colleagues in office were unanimous, and they were all ready to share in the responsibility of it. They could have no personal bias in their favour. He himself had never seen sir H. Dalrymple, but on account of the confidence with which he had inspired the Spaniards, and the correspondence he had kept up with them, he was deemed a fit and proper person to take the command.-Such being his opinion of the proceedings of the Court of Inquiry, and the reasons which induced him to prefer that mode of investigation, he could not but think the decision of the Board as final, constituted as it was by officers of the first distinction; and however he might seem to differ upon some points with his colleagues, yet he could not but agree with them in proposing the previous question on the first Resolution of the noble lord. For it would be contrary to parliamentary usage and practice to record on the Journals of the house a barren unproductive truth, which could now lead to no practical result. It would be saying no more than what his ma-yond that period was there any room for jesty had already said from his throne, and which must likewise be deemed the opinion of his ministers who had so advised him. But the hon. gent. had observed, that when ministers first heard of the Armistice from the Portuguese minister, they could not bring themselves to believe it. There were then many reasons to justify that disbelief. On the 4th of Sept. the Portuguese minister received a copy of the Armistice from the Junta of Oviedo. When it was first examined, it appeared incredible to government, not only on account of its matter, but because it was drawn up in French only; because it differed in nothing from the form in which it was originally proposed; and because it did not purport to be finally concluded. It was not exactly looked upon as a forgery, but as the rough draught sent to sir H. Dalrymple for his acquiescence, but in which no change or

complaint? But other motives induced a conviction of the propriety of the Armistice. As to the appointment of sir Hew Dalrymple, he had already explained the motives upon which it took place, It might, indeed, be desirable that sir A. Wellesley should not have been stopped in his brilliant career; but, it should be recollected, that it was the undoubted right of his majesty to select his commanders, and that he was known to exercise that right for the good of the military service. It was a right not to be interfered with. The almost contemporaneous arrival of sir H. Burrard and sir H. Dalrymple was also matter of blame in the eyes of the noble lord; but was that not owing to the variation of the winds, and was this a thing which his noble friend could be expected to calculate? Upon the whole he strongly and sincerely felt, that great objects were obtained by the

Mills, W.

Shelly, T.
Shipley, W.

Milner, sir W.

Simpson, G.

Milton, viscount

Smith, J.

Moore, P.

Smith, S.

Morpeth, visct.

Smith, W.

Mosley, sir O.

Smith, G.

Mostyn, sir T.

Neville, hon. R.

North, D.

Tarleton, B.

Northey, W.

Taylor, E.

O'Callaghan, James

Taylor, M. A.

O'Hara, Charles

Ossulston, lord

Percy, earl

Petty, lord H.

Pigott, sir A.

Stanley, lord
Symmonds, T. P.

Newport, rt. hon. sir J. Talbot, R. W.

Pole, sir C. M.

Ponsonby, hon. F.

Ponsonby, rt. hon. G.
Porchester, lord

Prittie, hon. F. A.

Pym, F.

Quin, hon. W.

Ridley, sir M.
Romilly, sir S.

Tempest, sir H. V.

Temple, earl
Templetown, lord
Tracey, C. H.
Tierney, rt. hon; G.
Tighe, W.
Vansittart, rt. hon. N.
Vernon, G. V.
Walpole, hon. G.
Ward, hon. J.
Warrender, sir G.
Western, C. C.

Whitbread, S.

and Bequests, farther to enable them to execute the duties of their office;

Sir J. Newport called the attention of the committee to the nature of the institution of these commissioners, and a recent circumstance in their procedure, which demanded the notice of parliament before any such grant should be allowed to them. The commission, he said, was originally vested in a certain number of the members of the house of lords in Ireland, and its truly laudable object was to prevent abuses in the disposal of charitable donations and bequests, by preventing the executors, trustees, and others, to whom such bequests were confided, from converting them to their own private emolument. The Commission was executed by the lords' committee up to the Union, and it then became necessary to provide other managers, who were accordingly appointed. About two years since an elderly catholic lady died at Waterford, and by her will bequeathed to charitable uses a sum of 11,000l. of which 1,000l. was to be distributed amongst the poor of Waterford, expressly without any distinction of religious persuasions; and the remainder was to be appropriated partly in providing an asylum and maintenance for a certain number of decayed gentlewomen of the catholic persuasion, and for educating a certain number of boys and girls, the children of poor parents; and the executors named in the will were the catholic bishops of Cashel and Waterford, and a lay parson. The catholic bishop of Cashel declined to act, but the others did not. A letter was written to the acting executors from the commissioners of Charitable Bequests, requesting some explanation as to the extent of the Earl Temple requested, that the right legacy, its objects, and whether they had hon. gent. would defer this item, particu- transferred the money to the public funds? larly as it did not appear to him to be re-To this Dr. Power, the catholic bishop of gularly introduced, or many members must Waterford, returned for answer, that some be precluded from delivering their senti- objection had been made on the behalf of ments upon it.

Russell, lord Wm. St. Aubin, sir J. Scudamore, R. P. Sebright, sir J. Sharp, Rd.

Williams, O.
Williams, sir R.
Windham, rt. hon. W.
Wynt, sir W. W.
Wynn, C. W.

residuary legatee; that he had not transferred the money to the public funds, because it was already in the hands of the marquis of Waterford, and other responsible persons, who paid interest at the rate of six per cent. being much more than it would produce in the funds, and that he had already begun to distribute part of the legacy, and would, as soon as possible, dispose of the remainder, agreeably to the conditions of the will. He received an answer from the commissioners, expressing thanks for the frankness of his communication, and promising to give him no

further trouble; but what was his asto- | unprotected class of the poor in Ireland, nishment to find on the following term, a of whom those Commissioners were apbill filed against himself and the other ex- pointed the legal guardians and proecutor, in the Court of Chancery (insti-tectors, in order to transfer the benefits gated by these very Commissioners for of the legacy to a perpetual absentee reCharitable Bequests, in direct perversion sident in Spain. It was not their duty, of the duties of their office) for the purpose but much beside it, to fish out flaws in the of setting aside this will bequeathing cha-will, even if any existed, to defeat the rity to poor persons in Ireland, to deprive charitable ends of their own institution, them of the benefits of that bequest, and to and the humane intention of the benevoincrease the residuum to a lady, the resi- lent testatrix towards the poor in Ireduary legatee, and living at Seville, in land, and wantonly to promote litigation Spain. This was not only a direct per- and excite new discontents, already too version of the obvious duties of the com- prevalent. However disposed the Chanmissioners to the poor, for whom they were cellor of Ireland might be to consider and trustees, but it was feit in other quarters as act on the equitable and benevolent side an act of gross prejudice and of religious of the case, he could not avoid taking norancour. There was no law of Ireland for tice of legal flaws, if they were officiously making any provision for the poor of the pointed out to him. It was not, therefore, catholic persuasion, and surely nothing the proposed Grant, but the conduct of could be more cruel, oppressive, or unjust, those Commissioners, that he wished to than to defeat the humane purpose of reprobate; for it made no difference whepious and charitable persons of their own ther such proceedings were taken by their sect, who had property to bequeath, from direction, or by their permission to any making some provisions for the poor of legal person in their employment, merely their own religion, who were not charge- to increase his own professional emolu able upon any other sect. This was felt ments in the way of litigation, and which in Waterford especially, and tended in a must be deducted from the sum of the levery prominent degree to excite clamour gacy, and thus directed from the object and discontent; and he therefore wished of the charity. to appeal to the Committee, whether it was decent for such a Commission to apply to this house for compensation for law expenditures incurred in such a way.

Mr Foster disclaimed all knowledge of the circumstances until that moment; but thought the circumstance of any bill in Chancery which the commissioners might have thought fit to file, and had yet come to no issue, was not a reason for refusing at this time the usual Grant. Besides, the right hon. baronet could surely entertain no doubt that the case, if before the present Lord Chancellor of Ireland, would meet due notice,. and that strict justice would be done.

The motion, however, passed in the affirmative; as did also, without any discussion, a grant of 8,9531. to the Catholic college at Maynooth.

[CONDUCT OF THE DUKE OF YORK.] The house resolved into a Committee to inquire further into the Conduct of the Duke of York. Mr. Wharton in the Chair.

Colonel DIGBY HAMILTON was called in, and examined.

in

(By Lord Milton.)

When did you first know capt. Sandon was possession of that Note, which is now in the possession of the house? He informed me so at Portsmouth, the day that he arrived:

Was that before or after the commencement

of the inquiry in this house? It was after the inquiry commenced.

When did you first communicate this intelligence, and to whom did you communicate it? The communication was made to me on Wednesday, and on the Saturday following I communicated it to Mr. Adam.

Sir J. Newport replied, by professing the highest respect and veneration for the truly upright character who now filled the Chancery bench of Ireland, with so much honour to himself and advantage and satisfaction to the country where he presided. It was not upon any doubt of his strict justice that his own apprehensions were founded or his objections offered, but in the perverse conduct of the Commissioners of Bequests, in endeavourDid capt. Sandon tell yon, that he believed ing, by a strict research into obsolete acts this note was forged? Certainly not; no conof parliament, to fish out flaws in the le-versation of the sort took place between capt. gality of a will bequeathing charity to an Sandon and myself. VOL. XII. 3 R

Did capt. Saudon tell you, that he considered this note of great importance to the present Inquiry? I do not recollect that he did.