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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 fort, 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- set in so terrifying a light, proceed tiny act; and accordingly, some of from a fuppofition, that a molt 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 cion always remained in dispute, till this case be made, that the law is to last 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 officers Mould 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. tleman of fortune now upon half While peace remains, and the apprepay Mould think it a hardship to be D hensions of war at a diftance, they fubjected to such regulations, le may continue to receive their half pay, casily free himself by giving up his but as soon as clouds gather, and a Half pay. I believe, I may take up- rupture seems to approach, they then on me to assure him, that his maje. declare off, and give up their half fly 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 2.0t 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 fince he is resolved not to be burthensome their last being in the service; and if to his country in its present diftrefled they should refuse, I think, it would condition, when it has no occasion 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 oblitt 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 their joining in any in. glace in which he does not chuse to G furrection or rebellion. I shall 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 fuppcling surely it is prudent to take the most
effectual effectual methods for preventing re- to martial law ; but as the two noble bels being joined by men bred to lords have spoke fully upon the first arms and military discipline ; and can question, I shall likewise give my we take any more effectual method sentiments upon it; and I must say, than that of putting them upon the that when a number of troops is fame footing with deferters? This, mentioned in the preamble, which Sir, will always have a very good A has not always been done, I cannot effect, because it will prevent men of think the parliament ever intended, disaffected principles from ever en- that any greater number of his matering into our army. If gentlemen jesty's fubjects should be subjected to were supposed to be entirely free martial law, unless such intention be from military law, the moment they particularly expressed in the preamble. come upon half pay, during the time My reason, Sir, for thinking fo, is, of a foreign war, numbers of such B because, when it has been appremen would procure themselves com- hended that a greater number might missions in our new raised regiments, become necessary, the preamble has in order to learn the military art and always run thus, And whereas it may discipline, and to be supported by that be necessary to raise others for the government which they were resolved like fervice ; or words to this effect ; to overturn as soon as an opportunity which words would never have been
and as nothing can tend C added, if it had not been thought, more to the security of our present that the extent of such bills was government, than to prevent such a otherwise confined to the number practice, I must give my negative to mentioned in the preamble. I mean, the noble lord's motion, because if Sir, within the kingdom of Great those words, after being once insert- Britain ; for as to Ireland, or his maed, should, by a resolution of this jesty's dominions beyond the seas, house, be left out, it would be a de. D there is no occafion for a mutiny act; termination, that the parliament ne- because in all those places his majesty ver meant by the first enacting clause may keep standing armies, and may of the mutiny bill to subject half-pay govern those armies by martial law, officers to the penalties and punish- in virtue of his prerogative, tho ments of the bill, and in some mea. there were no such thing as a mutiny fure a declaration, that it never act passed in this kingdom; and would do so, which would of course E therefore the mentioning of them in give great encouragement to the the first enacting clause seems to propractice I have mentioned, and might ceed from the maxim, that abundance occasion the overthrow of our pre- of the law does not break the law. fent happy establishment.
Then, Sir, as to any additional
troops, which it may become neM. Cato food up next, and spoke in cessary to raise during the recess of Substance thus i
F parliament, on account of an inva.
sion or rebellion, do not we know, Mr. President,
that in all perilous times, our king SIR,
has, by his prerogative, some such DO not think it signifies much to power as the people of Rome used in
inquire, whether half-pay officers such times to confer upon their conwere ever intended to be compre- sals, in these words, Dent operam, ne hended in the first enacting clause G quid refpublica detrimenti capiat. lu of the mutiny bill, because the que- such times the mutiny act becomes ition now before us is, whether it be useless, because it is meant only for proper or neceffary to fubject them times of internal tranquillity: The E. of B. sing may then raise what armies lie thinks necessary, and he may esta- pay: Is it not a common question to blith such articles of war, and appoint alk, Is such a gentleman in pay? such courts as he thinks proper, for And is it not common to answer, no, making those armies observe an exact he is but in half pay? Besides, Sir, discipline; but I must observe, that the half-pay officers are really not in upon all such occasions a wise mini. the service; when a regiment or infter will advise his sovereign to call a A dependent company is broke; the parliament as soon as he can, and to officers are really as much broke, keep that parliament fitting till the and as much out of the service, danger be over; because it is always as any of the common soldiers ; more prudent for a king to act by and the half pay they enjoy is authority of parliament than by only a benevolence given them by authority of prerogative ; and so their country, that they may stay likewise, a wise minister will never B at home, and be ready to enter advise the king to keep too great an into the service again when called army in Ireland, or any other foreign on : They had it from the begiadominion; because we have a right ning, they still have it without any to limit the exercise of any preroga- condition : Even that of entering tive, when there is just reason to ap again into service when called on, prehend its being of dangerous con- they always might have refused, sequence to our liberties.
C till last year, without any other peFrom these observations it will nalty or punishment than that of appear, Sir, that neither the men. having a flop put to their half
pay tion of Ireland, nor the casual neces. from the day of their refusal. To fity of railing more troops, can be fay, that they are in the service or made use of as an argument for subject to martial law, because they proving, that the parliament ever are obliged to send a certificate to meant to have the general words of Dthe Pay-Office half-yearly, of their the first enacting clause extended to a being alive, is something very strange. greaier nuniher than that mentioned Why, Sir, all annuitants for life, in the preamble, unless when proper are obliged to send certificates of words are inserted for that purpole ; their being alive. At this rate and therefore, if any future king, for must deem myself in the French serI am sure his present majesty never vice, because I have an annuity in will : I say, if any future king should, E France, and am obliged to send thiwithout the appearance of any danger, ther a certificate of my being alive. raise and keep up a greater number of Then, Sir, as to those out.pentroops than that mentioned in the fioners of Chelsea College, that were mutiny bill, it would, in my opinion, fent out with lord Anson, they were diveft him alone of the power to try all volunteers : They had 205. a and punish any man in his army by man bounty, or more properly lift. martial law,
F ing money į and I cannot yet conBut now fuppofing, Sir, that the ceive what was the design of send. general words in the first enacting ing fuch men upon such an expediclause were meant to extend to any tion, enless it was to disappoint its additional number the king might success, or the equally cruel one of afterwards raise, I hope the noble getting rid of so many pensioners lord will excule me, if I say, I am upon the publick: Jf the latter, I furprized how any one can think, G mult confels, it fuccected as well as that they extend to half-pay officers, could be wilhed ; for of the 509 while they remain in half way. The fent out, I believe very few ever renoble lord may as well any, at urned to Britain ; and as to an halfhalf a year is a year, or half a mile pay officer's being cent to command a mik, as io fay that half pay is 3
in a garison, without a new com- pened while I was in that office : mission, if he accepts of the service, His delign, I suppose, was to prehe of course subjects himself again vent my behaving upon this occasion to martial law : So likewise, if the in any manner that might scem inofficers of the troops of guards that consistent with what I did at that were broke, have accepted of being time ; for which I am obliged to him. seconded upon other troops, they A But as I never pretended to be infal. have again subjected themielves to lible, especially, in matters which martial law ; but by the breaking of depend upon the decision of a nice the troops they belonged to, thay point of law, I am not at all afhama were out of the service, and could ed of giving now my opinion connot have been compelled to have en- trary to what I was then obliged to Cered into it again ; for in time of do by virtue of my office. From peace no British subject can be com. B those papers it appears, that so early pelled to give up his birth right in as in the month of July 1715, all the laws of his country, by entering half-pay officers were voted into full or returning into the military service, pay by the other house: The beginIf a half-pay officer again accepts ning of Auguit following, they were voluntarily of whole pay, or of any apprized of it by an advertisement command, he again lifts himself in in the Gazette, and ordered to be the military service ; but he cannot, C ready to repair to the places afteror at least he could not before the wards to be appointed : And in Sepmutiny act of last year, have been teinber they were by another advercompelled to accept of either, any tisement ordered to be against such a other way than by striking him off day at the places appointed respecthe half pay ; and generally, when tively, such as Exeter, Bristol, Chefsuch an officer is again taken into ter, York, Newcastle, according to service, he receives a new commif. D the regiments they had formerly' befion, pays fees at the secretary's of- longed to, under the pain of being fice, and to the judge-advocate ; for struck off the list of half pay. at the War-Office no officer is loaded This last advertisement plainly with any fees, and he serves by vir. Mews, Sir, that at the time it was tue of that new cornmission, though published, when people could judge by the custom of the army he ranks a little coolly, the opinion was, that according to the date of the old ; E half-pay officers were not subject to but this custom can no more make a martial law ; for otherwise the orders half-pay officer a while-pay one, would have been issued under pain of than such a like custom can make a being deemed deserters and punished lieutenant-general an enlign, be- as such; because the new mutiny cause, perhaps, he ranks according bill of that year was palled, and to the date of his ensign's commis- began to be in force from the first of fion ; for if two lieutenant-generals F Augu!t, the preamble of which in had their commissions the same day, cluded not only the troops then on they rank according to the date of foot, but such as should be raised for their commissions as major-generals; the defence and service of the realm ; if these likewise of the same date, and the first enacting ciaule was, they rank according to their com. that every person being in his ma-millions as brigadiers, and thus quite jesty's sevice in the army, or mur. down, if neceffary, to their com-Giered, or in pay as an officer, who millions as enfigns.
shall desert his majelly's service in I must take this opportunity, Sir, the army, thall suiker death, or fuch to return my thanks to Mr. Secre. other punishment as by a court martary at war, for sending me some cial thill be inflicted. But a rebellion papers relating to an affair that hap
having soon after broke out and come City our Readers may see an Account to a great head, four hälf-pay officers in our Magazine for May, p. 203. who had joined the rebels with the And as we gave a View of the king's commission in their pockets, Town of Nottingham, in cur Ma: and without having given any notice gazine for February ; of the Town of their leaving the service, were of Reading in Berkshire, in Septaken at Preston: Then indeed peo- A tember ; of the City of Gloucester, ples zeal, or rather their resentment, in October ; of the City of Salisbubeing raised to a great height, his late ry in Wiltshire, in November, and majetty was advised to issue orders of the City of Lincoln, in Decemfor trying and punishing those officers ber; we shall now give fomo Acby martial law, and those orders
count of those Places. were by me, as Secretary of war, Ottingham, the chief town in transmitted to the proper officer at B Preston : In pursuance of which the
and 122 measured miles N. W. from unfortunate gentlemen were tried by London, stands on the side of a hill, a court martial, and shot for deser
or steep sandy rock, near the contion. But what was thus done in flux of the Lin and Trent: It is the heat and hurry of a dangerous pleasantly situate, with large meadows rebellion, can never be an argument on one side, and hills of easy ascent for proving, that half-pay officers C on the other. 'Tis reckond one of were, or ever ought to be subjected the neatest towns in England, has 3 to martial law ; for at such times
handsome churches, a very fine and many illegal things are done, and
spacious market-place, good houses, often must be done ; for which rea
fair streets, and the ruins of a castle fon an act of indemnity is always
on a steep rock. It gives title of passed, with respect to every illegal
earl to the family of Finch. Its thing done for the king's service. D markets are on Wednesdays, Fridays
Thus, Sir, I have given you an and Saturdays, and its chief manuaccount of what was then done, and
fucture is weaving of frame hose. the small share I had in it, is so far
'Tis governed by a mayor, 6 alderfrom preventing my doing or saying
men, 2 coroners, 2 sheriffs, 2 chamwhat I think right upon this occasion, berlains, 18 of the senior council, 6 that I think myself obliged to de- of the junior council, and sends 2 clare the more openly the opinion l E members to parliament The Trent have since formed upon due conside- is navigable up to the town, over ration, and consulting with the best
which is a very large stone bridge, conftitutional lawyers in the king- with 19 wide arches. dom; which is, that half-pay officers Reading, 32 computed and 40 never were subject to martial law till
mealured miles W. from London, this last year, and that they ought reckoned the largest and most confi. never for the future to be made fub- F derable town in Berkshire, stands on ject to it; for which reason I am for the river Kennet, where it falls into leaving out of this clause the words the Thames. It has 3 spacious
noble friend has proposed churches, and was formerly famous to be left out.
for its fine abbey. 'Tis a large, [This Journal so be continued in our Ma. wealthy and handsome-built town, gazine for January, 17;0.]
and formerly much inhabited by clo. *****
G thiers, but its chief trade now is in
malt and meal, of which great quanin our Magazine for Auguft we gave tities are carried to London. It rends
a beautiful Propeat of the City of a members to parliament, is go. Bath in Somersethire, of which verned by a mayor, 12 aldermen, &c.