The National Register. — London, England, 1808-03-27 00:00:00

~~.~ Nwr rx7.*: , " -1 7 - ;0' . • . - -ryY'~' .~ .: i ~, T ••• e • . 41. • fa k • 400 4.4 44 I • HE - pirilerfolST at a e ~., _ • • Z • l• • ‘1 Our inQ, eronOtitution. anti Lati3o. . • No. 13. SUNDAY, MARCH 27, 18 0 8. PRICB _ .. The Proprietors of 'Nit.: N .kTION A L REGISTER have dis tributed t: NATI S With the last Number of that Paper the Forty (',.nnots of cEN ERA,. Win I'ELOCKE'S IAL, which was all they promked in their Advertis:invots. However, for tic' Completion of that 'rrial another Sheet will he requisite, 1; 1 101 the Proprietor:; int• nd....(1 to distribute GR ATI S utvo with 1;1, , !text Number. llot, the ` 4 tatop-Ottice havinz unexpectedly vot them Notice t`-at the Trial must be subjected to the News paper Doty, it will be necessary; to request of the Public the S:amp Duty of Threepence Halfpenno upon the Sce'o Nlt PARI. N.l Wm except this Stomp aitg will, how ever, he charged : all as the' Proprietors have been Assessed by the Stamp-Orlice, fqr the !'test Par!, for n hich no Charge II As been made upon the Pubiir, it k hoped toot IM s4l4llerilwr will think it norm sNoalliv to pay the tiVthig Duty for the remainder. The Proprietors will be rewarded for the va=t expeaces in curred, which must fall sglely on themselves, if they shall find .that the specimens of Tau N.trtitv .vr. ft s TF.II already pre,ented have afforded so much lastruetion and :tango - at:tit, as to convince the Public that the Paper deserves a continuance of that great rieculatimi which it obtained on Sunday last. vouTt('.u. 1)1.4-;Qu1siTioN. TIIIRTLEN. ON SC.CURINO THE RIGHTS' OF TTIF. CONSTITU- Ticiv TO TITE. OFFICERS Or THE ARMY. On the third reading of the Annual Mutiny Bill. Sir Buituerr moveil to introduce, the following . cause: 1111 %, )., " That no Ojicrr in the efrmy shall be dismissed or elf.- '" priced of his Pay, otherwise than by the. Sentence of a Court- Vartial, or by Addre's* of either House of Portia- ' 4 ' Menlo" This clause was opposed by Members both of the present and ar the late Administration, and the Mover withdrew it, in order to make it the single subject of a future Hill. fr;ends to the Constitution of our Country, we confess xat selves to be, among the number of those, who ardently o liesire such a law. We shall state to our readers the reasons ,for it, and the objections against it ; though the objections, itt Our eves, appear so weak, as to look more like contrasts thin like obstacles to the reasons in its favour. The King has now au absolute power over the rank, over the professional income, and, virtually, over the elm- peter of every (Aker in the British Army. This power O W3A originally acksiowledged in the Crown, at a time when the numberi of the A rmv were so small as to be scarcely , 14 artily of notice : but the exception to the great princi-' liles of the constitution, which forbid the arbitrary disposal 'of any man's fortune and character, has now been so vastly ,extended, that it has risen to bear no insignificant propor tion to the rule itself. Still it retains its inherent nature, nd is, properly, only au exception ; for, even what is 'ailed martial law (which, though emanating from the row, and depending upon it, is much more favourable i Ito liii , rty, than the immediate power of the individual I I s ° v ereigu) is, as Upd grant lawyer Sir Matthew flak has Av. AIL 1 . 0!. 1. declared, in truth and in reality no kw, but something indulged, rather than allowed as a law. Let it not be said, then, that in seconding a limitation of the King's Military Power, we are trenching on the Prero gative of the Crown; for nothing foieign to the Constitu tion can he a branch of th.: Prerogative, since the Peer . o gative itself exists but as a branch of the Constitution. • Charier the !second kept up, in this kingdom, a petty force of about five thousand men. In the reign of George the Third, the support of a great Army, (which has in creased, and, it the plans of Ministers cucceed, is likely to increase st;:l further), has been deemed necessary for the defence of the State. But it is not necessary, that a force created to defend the State in general, be thrown into the hands of one single Member of the State : for that which was intended to protect its from our enemies abroad, may otherwise be, at some period, directed to the destruction of n'ur liberties at home. His present Majesty, it is true, is not likely to take any such wicked measure : but if every King were to be wise and moderate, there would be no use for any Constitution at all, and the reason why our Coustitutio* is so transcendently admirable, is because it • has, in most instances, guarded so effectually against the encroachment af tiny branch of the Legislature. It', then, it be necessary (anti we fear it is necessary) to keep up a large standing Andy in the Country, it is surely expedient to dispose of the individuals, constituting that army, so as nut to add too great a force to any power in the State. It is urged that the Crown, which has constitutionally the prerogative of making wars, mast have constitutionally the prerogative of appointing the Ofli:•ers who shall be employed in those wars. Hut it ought not to follow, that the Crown shall, therefore, have the power of displacing its Officers without their tria! or even crime : for these Officers ha% ing once been appointed by the Kin, become the servants ()I' the countiv, anti no cause but an offeaec against the country, and that too an offence fairly proved, ought to avail in depriving any man of his. profession, his sebsisttnee, and his honour. The twelve Judges are appointed by the King ; hut the twelve Judges are not removeable at the King's pleasure. The power of the King should he rather the power of reward than of punishment ; in our consi i tuition his actual authority is, as it ought to be, very small : but his intlitence is, as it ought to he, extensive. The power of granting Commissions is a power of influ ence: gratitude for the past may create an attachment, and hope for the future may perrtnate a devotion to the crown : hut the power of dismissal and deprivation is a power of authority ; uncongenial with the gentle attributes of Majesty, discordant front the principles of the Brtish Constitution, and invidious to men of so liberal a profes sion, who always act or should always be supposed to ail, f; um the inspiring motives of honour and hope, rather than from the mean operation of servility and fear. Under the present regulations of the army, no °frees can be safe : his honour, which is his whole support, may be whispered iu a dark corner : eavy, treachery, and -