The adulterous Intercourse.—The existence of this intercourse has not been attempted to be denied. Indeed, the whole proceeding is founded on the admission of it. But though those who have taken the part of the Duke of York; though both sides of the House of Commons seem to give up his moral character, as far, at least, as relates to his conjugal obligations, it will be right for us to draw to a point those parts of the evidence, which establish the fact of this adulterous intercourse.
First, then, Mrs. Clarke states, that she lived in the house in Gloucester-place, under the protection of the Duke of York; that he took the house in order to keep her there; that he made her a pecuniary annual allowance; that he bought her furniture and jewels; that he ate, drank, and lived with her.
The Duke’s own servant, Ludovick, states that he was the person who attended his master at Mrs. Clarke’s; that his master was frequently there, and that it was part of his employment to carry his master’s clothes in the morning.
Three servants of Mrs. Clarke state, that they saw the Duke there constantly; that they saw him at table with their mistress; and, at last comes Mrs. Favourite, Mrs. Clarke’s housekeeper, who, in speaking of one particular transaction, states that she saw the Duke and Mrs. Clarke in bed together.
Mr. Adam states, that Mrs. Clarke was under the protection of the Duke; that a separation took place upon his advice; and, that upon this separation, he (Mr. Adam) was, upon that occasion authorized by the Duke to tell her that he thought it his duty to give her an annuity of 400l. a year, provided her conduct should be correct.
Lastly, we have the written evidence of the Duke himself, who in the following two letters, addressed to Mrs. Clarke, and which letters have been proved to be in his hand-writing, enables us to form an unerring judgment as to the nature of the connection which existed between him and Mrs. Clarke.
“August 4, 1805.—How can I sufficiently express to my sweetest, my darling love, the delight which her dear, her pretty letter gave me, or how much I feel all the kind things she says to me in it? Millions and millions of thanks for it, my angel! and be assured that my heart is fully sensible of your affection, and that upon it alone its whole happiness depends.—I am, however, quite hurt that my love did not go to the Lewes Races; how kind of her to think of me upon the occasion; but I trust that she knows me too well not to be convinced that I cannot bear the idea of adding to those sacrifices which I am but too sensible that she has made to me.—News, my angel cannot expect from me from hence; though the life led here, at least in the family I am in, is very hurrying, there is a sameness in it which affords little subject for a letter; except Lord Chesterfield’s family, there is not a single person except ourselves that I know. Last night we were at the play, which went off better than the first night.—Dr. O’Meara called upon me yesterday morning, and delivered me your letter; he wishes much to preach before royalty, and if I can put him in the way of it I will.—What a time it appears to me already, my darling, since we parted; how impatiently I look forward to next Wednesday se’nnight!—God bless you, my own dear, dear love! I shall miss the post if I add more; Oh, believe me ever, to my last hour, yours and yours alone.”
Addressed: “Mrs. Clarke, to be left at the Post-office, Worthing.”
“Sandgate, Aug. 24, 1804.—How can I sufficiently express to My Darling Love my thanks for her dear, dear letter, or the delight which the assurances of her love give me? Oh, My Angel! do me justice and be convinced that there never was a Woman adored as you are. Every day, every hour convinces me more and more, that my whole happiness depends upon you alone. What a time it appears to be since we parted, and with what impatience do I look forward to the day after to-morrow; there are still however two whole Nights before I shall clasp My Darling in my arms!—How happy am I to learn that you are better; I still however will not give up my hopes of the cause of your feeling uncomfortable. Clavering is mistaken, My Angel, in thinking that any new regiments are to be raised; it is not intended, only second Battalions to the existing Corps; you had better, therefore, tell him so, and that you were sure that there would be no use in applying for him.—Ten thousand thanks, My Love, for the handkerchiefs, which are delightful; and I need not, I trust, assure you of the pleasure I feel in wearing them, and thinking of the dear hands who made them for me.—Nothing could be more satisfactory than the tour I have made, and the state in which I have found every thing. The whole of the day before yesterday was employed in visiting the Works at Dover; reviewing the Troops there, and examining the Coast as far as this place. From Folkstone I had a very good view of those of the French Camp.—Yesterday I first reviewed the Camp here, and afterwards the 14th Light Dragoons, who are certainly in very fine order; and from thence proceeded to Branbourne Lees, to see four regiments of Militia; which, altogether, took me up near 13 hours. I am now setting off immediately to ride along the coast to Hastings, reviewing the different Corps as I pass, which will take me at least as long. Adieu, therefore, My Sweetest, Dearest Love, till the day after to-morrow, and be assured that to my last hour I shall ever remain Yours and Yours alone.”
Addressed: “George Farquhar, Esq., No. 18, Gloucester-place, Portman-square.”
All that it is necessary to add to this evidence is, a statement of the well known facts, that the Duchess of York is living, that she is in England, and that there never has been any legal separation between her and her husband.
The Annuity.—Contracts, with whomsoever made, are binding upon the parties. To break a promise is a breach of moral duty; and, therefore, it becomes us to ascertain, as nearly as we can, the truth with respect to the Annuity, which Mrs. Clarke was to receive, as the cast-off concubine of the Duke of York.
She herself has stated, that Mr. Adam, in the name of the Duke, promised her an Annuity of 400l. a year. In one instance she says, that Mr. Adam guaranteed the payment of this annuity. She complains, that for more than a year and a half it has not been paid; and, upon this non-payment we see that she grounds all her disclosures against the Duke of York. She states, besides, that she was left, upwards of two thousand pounds in debt to divers tradespeople; and that, having since sent a remonstrance to the Duke upon the subject, the Duke insisted that she should plead her marriage to avoid her debts, or that she might, if she liked, go to prison. She further states, that having sent the Duke a letter, not long since, by one Taylor, a shoemaker in Bond-street, requesting a few hundred pounds, he sent for answer, by the mouth of this same Taylor, that if she dared speak against him, or write against him, he would put her in the pillory or the Bastile. The reader will bear in mind, that this fact rests solely upon Mrs. Clarke’s evidence; but he will also bear in mind, that, if-false, it might have been easily disproved by Taylor, the bearer of the message, and that Taylor was not called to disprove it; and he will further bear in mind, that this threat, if he should conclude that it actually was made, was made against that very person, to whom the Duke had written the two letters above inserted.
But now, as to whether the annuity was actually promised, or, if upon conditions, whether the breach of those conditions justified the non-performance of the promise.
Mr. Adam’s words, as to the promise, are these: “I told her, that the Duke of York thought it his duty, if her conduct was correct, to give her an annuity of 400l. a year, to be paid quarterly; that he would enter into no obligation in writing, by bond or otherwise; that it must rest entirely upon his word, to be performed, or not, according to her behaviour.”
Her statement is, that 500l. arrears of the annuity were due in June last.—There seems to be no doubt of the promise having been made, and that, after a little while at first, it has not been fulfilled. It, therefore, remains for us to inquire, what were the conditions, if any, and whether these conditions have been observed by Mrs. Clarke.
The only condition stated by Mr. Adam to have been made by him, in the name of the Duke, was, that “her conduct should be correct.” This, if it can be called a condition, was, especially as coming from the lips of a lawyer, very vaguely expressed. The word correct, as applied to the conduct of a person, can hardly be said to have a meaning, and, when applied to the general conduct of a person, has absolutely no meaning at all. In short, as used in this case, it is one of those convenient terms, that admit of any construction; that may be made to mean whatever the person using