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ders must be sent to the commanding into the service, because they have officer of the regiment, who sends upon every such occafion appeared the detachment out, and the officer as ready to serve, as the government whose turn it is goes upon the com- was to defire their service; and it mand. But the secretary at war, or must always be so, with respect to the general chief, may send any all such half pay officers whose ferhalf-pay officer he pleases from one A vice is worth aking ; for as the gocorner of the kingdom to another, vernment has a power to itrike them from that to a third, and so keep him off of the half pay, if they refuse to always in motion, because they be- serve when called on, no man will long to no corp, nor have any turn ever refuse, unless he be so old or of duty or fatigue ; which is a pow. decrepit as not to be able to serve, er that ought not to be lodged in or a coward, or disaffected. As to any man, especially, since the ser. B the old and decrepit, it would be vice no way requires it, as I shall cruel to defire them to serve; and, next endeavour to fhew.
I am sure, it would be very impruFrom the preamble of this very dent to give any command in our bill, it is evident, Sir, that our mi- armies to a coward or a disaffected nisters themselves think 18,857 effec- officer. tive men sufficient for the security Thus, Sir, there can never be of our government in time of peace, C any occasion for a law to force halfbecause, had they thought otherwise, pay officers into the service ; and they would have desired a greater after they have again entered the number, which we all know they service on account of an invasion or did not; and as they have since the insurrection, every one who knows peace lessened every croop and com- any thing of our constitution, muft pany in the fervice, by discharging a know, that we have then no occa. number of private men from each, D fion for a law to compel the obserit is plain, that they have now more vance of exact discipline, because his officers in full pay than were necessary majesty may then, by his prerogative, in time of war for an army of establish articles of war, and appoint 18,857 men, and consequently many courts martial, with as full powers more than are necessary for such an as any act of parliament can, or at army in time of peace. . What oc
least ought ever to give. And when calion then can they have for the E he has occasion to send an army service of our half-pay officers in abroad, and takes the half-pay officers time of peace? And if they can have into his service for that purpose, his no occasion for their service, I mean prerogative impowers him to do the in their military capacity, what ne- same with respect to the troops so cessity is there for subjecting them to
sent upon foreign service. the penalties and punishments of this Having thus thewn, that there is bill
F not the least necessity for a law, But it may be said, Sir, that a
either to force half-pay officers into fudden invasion or insurrection may the service, or to oblige them to obhappen, and then the government serve exa&t discipline, when they are may have occasion for the service of taken again into service, Imustoblerve, the half-pay-officers, before any Sir, that if this clause be passed into a new bill can be passed for obliging law, and continued from year to year them to serve, or for obliging them G as it now stands, which it probably to observe an exact discipline. Ex- will, if it now palles, it may in case of a perience, Sir, has shewn, that in
long peace be made to bear extremely luch cases there is no occasion for
hard upon many half-pay officers. I any law to force the half-pay officers Mall readily admit, that all officers
may be of
upon half pay ought to be preferred a great deal of injustice, and it
service to a minister much less to purchase any of our at elections, if properly posted and venal boroughs, in order to get a properly disciplined: Before the infeat in the other house, they are troduction of this
use every halfgenerally forgot, and after two or pay officer posted himself where he three disappointments they generally C pleased, and if a minister required give over troubling themselves with any service of him, which he could foliciting for any new preferment. neither in honour nor in conscience By this means, when the last war comply with, he might boldly rebroke out, there were several officers fuse, and trust for his preserment to upon half
pay, in the fame rank in a change in the administration. Bus which they were when the peace if this clause passes, no such officer was concluded at Utrecht in 1713 ;D can post himself where he pleases, and this may be the case again, or refuse to obey any directions that when the next war breaks out ; but are suggested to him from the secresurely it would be very hard to tary at war. If a new election hapoblige a half.pay officer to submit to pens in any place where a halfbe commanded by a stripling of su- pay officer or his family have any perior rank, who, perhaps, was not interest, he will be ordered this born when he got his commiflion ; e ther, cho' then, perhaps, 2 or 300 yet this he mult do, if this clause be miles diftant, and an injunction se. pailed and continued, or be shot for cretly laid upon him, to use all his uisobedience.
interest in favour of the court candiFor this reason, Sir, if you pass date. If he refuses to go to the this clause as it now stands, I hope poft assigned him, he is to be shot you will add a clause for compelling for disobedience : [f, when there, he our minifters to do juttice to the F does not punctually observe the le. oticers upon half pay, by preferring crec injunctions given, lie muit exthem according to the date of their pect to be sent upon lome sleeveleia commissions, and the rank they had errand to America, ferhaps, to the in the army; for as no pian can in West Indies, where his half pay time of peace acquire any great will scarcely suffice to wath his li. degree of military merit above his ejuals in rank:, I can see no bad G Then, Sir, upon a general elecconfcquence that could enfue, should tion, we may expect that all the halfit be inadie a fanding rule in ciine of pay officers will be called from their peace, to prefer every ofnicer in his relpe&ive retirements, and every one turn. lan lure, it would prevent lent to that place where his iufluence Appendix, 1749.
may be of the greatest service at the peace. It is plain, Sir, that such a clection; and the injunctions as well number of officers are, in time of as the orders sent, they must obey, peace, kept in full pay for some other otherwise they may depend upon
service than that of the military ; being ordered to the quarters that and now the half-pay officers are to are supposed to be most inconvenient be made use of for the same sort of for them, and, perhaps, every month service : What else can be the rea. ordered to new quarters at a great A fon for subjecting men in time of dillance from the former ; therefore, peace to the punilhment of death, we must suppose, that all the half- for taking, by accident, a short nap pay officers will behave in the most when ftanding sentry at Windsor or fubmillive manner to the minister's Hampton-Court? What else could directions, or otherwise we may rea- have tempted men to make it death fonably suppose, that such vexatious for an officer to refuse obeying the orders as I have mentioned will be B commands of his superior officer, often sent them.
whether lawful or not, which was deThus, Sir, by subjecting the half- figned by the first draught of this pay officers to this bill, we thall bill: Other lords may look with make them of as dangerous conse- indifference upon such attempts, but quence to our constitution as the really they give me the utmost unofficers in full pay now are : They easiness ; and as I think the military will indeed be of more dangerous C law already too far extended, I canconsequence ; because, as I have not agree to its being farther exsaid, the secretary at war, or com- tended; therefore, I shall conclude mander in chief, will have a greater with moving to leave out of the last power over them than he has over clause of this bill those words, that the officers in full pay; and when relate to reduced officers in the land I consider the late methods of dis. forces and marines. banding, and the many dangerous D additions and amendments that have The next Speaker in this Debate was been made, or attempted to be Q. Catulus, wko spoke to ibis made, both to this bill and to the Effe&t: articles of war, I cannot help apprehending, that there are some amongft
Mr. President, us, who have formed a design to over
SIR, turn our happy conftitution, and to e DO not pretend to be a lawyer, set up
in its Itead an absolute mili. tary government.
What else can of common sense as well as the be tlic reason of loading the publick English language, and if every one with maintaining in time of peace a had been of my opinion, there greater number of officers, in pro- would have been no occasion for inportion, than ever were thought ne- troducing the words which the noble cellary in time of war? Surely, if a F lord has moved to leave out, nor captain and two subalterns can make would there have ever been any 100 private men do their duty in a dispute about half pay officers; for day of Lattle, they may make the as the bill now before us, and every fame number of men do their duty mutiny bill for many years past, exon a day of review ; and if a colo- preisly enacts, That if any person nel, lieutenant-colonel, and major, being muftered, or in pay as an can govern a regiment of 1000 men G officer, thall be guilty of such or in time of war, they can govern as such crimes, he ihall be subject to numerous a regiment in time of such or such punishments, I cannot
suggest to myself a reason for think- son who was or should be mustered, ing, that half-pay officers are not or in pay as an officer, during the comprehended under such general time the bill was to continue in words. The preamble indeed men- force; and if I understand any thing tions a particular number of troups, of the English language, the word but the enacting words are general, pay comprehends half pay as well as and certainly comprehend every man A whole pay. Pay, Sir, is the general that is mustered, or in pay as an term, and, like every other such officer ; and it is necessary they term, comprehends every species, of fhould do so. The number men- which half pay and whole pay are tioned in the preamble is only to two ; and if we usually mean whole thew, what is the opinion of king pay when we make use of the geneand parliament at that time, with ral term, it is what is often done in respect to the number of troops then Bour language with respect to almoft thought neceflary for the defence of
every general term, which is some the realm ; but never was thought to times made use of for signifying one be intended to confine the operation species only. Therefore, whatever of the bill to that number only, as was intended when the half is plain from the words afterwards first established, which no one can added, for extending the operation of now declare, it is plain, that halfthe bill to the troops in Ireland, C fay officers have always fince been Minorca, Gibraltar, or any of his supposed to be in the service, by the majesty's dominions beyond the feas; name given to what they receive from for none of the troops maintained in the publick; and accordingly they any of those places are included in are obliged to give notice at the le. the number of troops mentioned in cretary's office, of the place where the preamble ; and even here at they reside, and to send up half. home, if after the parliament rises, D yearly a certificate of their being any unforeseen emergency should alive. So likewise they may be render it necessary to augment our
employed in some sorts of service army, his majesty may certainly levy without a new commission ; especi. as many additional troops as he shall ally in garisons where there is no then find necessary, and those new officer of equal rank: Even when levies would become all subject to they receive a new commission, they the mutiny bill passed the preceding E take their rank from the date of seilion. But if the enacting clause their old commission; and in both were to be confined by the number cases they may, and often have the mentioned in the preamble, not only command of officers who have been those new levies would be exempt always in full pay. We a!l know, from military law, but the whole that the out-pensioners of Chelsea. army would become exempt; be. College have not full pay, yet they cause, if there were but one man F are deemed to be in the Tervice, and more than the number mentioned, are often employed in garisons : Nay, every man might contend that he some of them were lately sent round was the supernumerary man, and the world with a commodore, who consequently not fubjected to the has now the honour of having a seat penalties or punishments of the last in this assembly ; and the officers of
the troops of guards lately broke, I therefore think, Sir, that no G tho' but in half pay, are seconded man but a lawyer can doubt, much upon other troops, some of them less suppose, that the first enacting upon mine, and conseqnently are clause of every mutiny bill was not under my command. intended to comprehend every per
From all which, Sir, I think, no- it were to go to America or the West thing can be more evident, than that Indies. In short, all the hardships half.pay officers were always com- and all the constitutional dangers prehended under the general words which the noble lord was pleased to of the first enacting clause of the mu- fet in so terrifying a light, proceed tiny act; and accordingly, some of from a fuppofition, that a most wickthem were, in the year 1715, tried by A ed ase will be made of the powers a court martial, and by the sentence to be granted by this bill; and such of that court shot for joining in the arguments may be made use of arebellion ; but as some lawyers were gainst the most necessary powers that then pleased to object against the le- ever were, or ever can be granted; gality of that proceeding, the ques. but to all such a short answer may in tion always remained in dispute, till this case be made, that the law is to lait year, that the words now objected B continue but for a year, and every to were added to the bill then passed, abuse may be prevented by proper for putting an end to the dispute, by cautions in the next mutiny bill. subjecting them by name to the pe- But, Sir, as to the publick service nalties and punishments of the bill. and the security of the government, And as I think it not only just, but I think it absolutely necessary, that necessary, that every man who re- the half-pay as well as the whole-pay ceives pay from the publick as an C officers hould be kept subject to mi. officer or soldier, should be subjected litary law and discipline, if it were to fuch regulations as may make him for nothing else than to prevent fome useful to the publick as an officer or gentlemen of fortune, who design Soldier, I shall be for leaving the never to serve any more, from conclause as it now stands. If any gen- tinuing a burden upon their country. eleman of fortune now upon half While peace remains, and the apprepay fould think it a hardship to be D hensions of war at a distance, they subjected to such regulations, he may continue to receive their half pay, easily free himself by giving up his but as soon as clouds gather, and a liais pay. I believe, I may take up- rupture feems to approach, they then on me to assure him, that his maje. declare off, and give up their half fty will not look upon this as a leav- pay. Now, if half pay be a sort of ing of the service, but will be as rea- retaining fee, as the noble lord was dy to prefer him in his turn, as if he E pleased to call it, I think, they had continued to receive his half pay, ought to be made to do, as the law. provided he declares, that he does yers do, they ought to be made to not give up his half pay with any return the fee, that is, all they have 'design to leave the army, but becaule received by way of half pay since he is resolved not to be burthensome their last being in the service; and if to his country in its present distressed they should refuse, I think, it would condition, when it has no occafion F be right to impower the government for his service.
to force them into the service, and As to other gentlemen, Sir, who fend them upon the most diftant and 1.ave nothing but their half pay to fatiguing duty. - blitt on, I believe, no one of them Another reason, Sir, for subjectis in the least afraid of being called ing half-pay officers to military law, from his retirement, or sent to any is to prevent theit joining in any in, place in which he does not chuse to G furrection or rebellion. I thall grant, refide without being restored to full that at such a time, it would not be pay, and upon that condition most of prudent to give disaffected officers them, I am convinced, would be any command in our army; but glad of a summons, even fuppeting furely it is prudent to take the most