The Express.
London, England, 1865-06-28 00:00:00

THE EIGHTS OF PRIVATES IN THE
GUARDS.

(From the Daily News.)
The present state of the private business of
Parliament gives stronger intermit to the
Report at the Select Committee which was
appointed to consider the working of the
new Court of Referees. The object of the
establishment of this body wee in the first place
to diminish the nix on the time of members of the
House ; in the second place, to afford a better sad
more uniform tribunal for the trial of mere ques-
tions of fact, such as the sufficiency of estimates,
the engineering propriety of lines where there ate
not two competitors in the field, and the question
of the locus standi, or right to be heard in opposi-
tion. In regard to the first of these objects, the
Committee think they have reason to report
favourably. The period occupied by each
opposed bill before a select committee, after
having passed the ordeal of the referees,
has, during this session, up to the 31st of May,
averaged only 2.13 days ; while in 1863 and
1864 it averaged 2.86 days ; and in 1862 no less
than 3.45 days. Up to that date it therefore
happened that during this session a much larger
number of private bills had passed through com-
mittee than had been the case in any of the
previous sessions. This circumstance seems to
indicate both that the prospect of an early dissolu-
tion had led to greeter diligence op the part of
promoters and of Parliament, and that the new
Court of Referees had to • considerable extent
expedited the despatch of business. And, indeed,
the Committee ascribe to the new system the
credit of doing even more than appears by the
figures, for they observe that several bills were
either abandoned or became unopposed after they
had been before the Referees, so that they crewed
to be computed in the tale of bills dis-
posed of by Select Committees. But in
regard to the second effect of the in-
stitution—the better, as well as the speedier,
despatch of private business—there may be more
reason for doubt. The evidence taken by the
Committee baa not yet been published, but the
lint of names of the witnesses examined can hardly
be accepted as furnishing a very satisfactory repre-
sentation of the opinion of these best qualified to
judge. The impression on the whole is, we believe,
against the working of the system. It is thought
to be attended with increased expense, and in-
creased loss of time to the parties, while there is
some confusion in regard to the limits of the juris-
diction of the Referees and SelectCommittess, which
is a source of frequent difficulty and trouble. But
on the other hand, it is fair to remember that these
inconveniences may in part be attributed to
the novelty of the arrangements, and that
they may to some extent disappear I when
longer working has familiarised ell parties' with
the procedure. Such, at least, is the opinion
of the Committee, for they propose that next year
the extent of the powers confided to the Court of
Referees should very considerably be increased.
They recommend that the engineering details shall
in every instance be decided on by the Referees
alone, and that when their decision is adverse on
these points the Bill shall not be allowed to come
before a committee at all unless the House make
a special order to that effect. They also desire I
that, when all parties consent, the Referees map
hear, and finally decide on, all matters connected
with the Bill. And as these duties will occupy
the greater part of the time of the members se-
lected to preside over the Court of Referees, they
propose that those members shall be salaried by
the House, and that every other Referee, not being
• member, should also be salaried.
It is impossible not to see in these suggestions
thevagermof a scheme 26 fornareomcommittee-rooms,ovpricommittee-rooms,te business from ,
and turning it over absolutely to the arbitrament
of Referees. And indeed the Committee speak
favourably, though without formal recommenda-
tion, of the proposal that the Chairman of Ways
and Means, the Chairman of the Chairmen's panel,
and one other member, should at the nn
begiing of
the session select such bills as they think suitable
to be adjudicated on by the Referees alone, without
any subsequent consideration by committees. Mr.
Lows also proposed—though the suggestion was
negatived—that whenever an inquiry has been
commenced before the Referees is should be
finally completed by them ; and Mr. famish(
was defeated by only the Chairman's cast-
ing vote in a proposal that whenever
soy Court of Referees should have completed its
proper work for the session, the House might con-
stitute it • committee, and refer to it such bills m
they should think fit. Moreover, the appointment
of members of the House at salaries to devote
their whole time to th esuties of the post of
Chairman of Referees, is y evidently a move in
the direction of confirming and extending their
powers. These indications show that very soon
the question will be forced for determination, whe-
ther the system of committees shall not wholly be
abandoned, and permanent courts established to
exercise their functions in connection with, but yet
independently of, Parliament.
This will be a question at once broad and deep
for the new Parliament to consider. Apparently
a question of only convenience of administration,
it is in reality one of principle. Parliament at
present retains in its own hands the duty of pri-
vate legislation, because that legislation is invoked
to set aside, for public purposes, private rights of
property. But if it ceases to regard this as a
question for the Legislature itself, representing all
classes in the community, to consider, and deals
with it as one in which as soon as a competent
judge reports that the public advantage will be
served legislation should follow as of course,
we shall have introduced an entirely new
idea into our theories of property. It
will then be evidently only • privilege be-
stowed by the public, and to be resumed by the
public whenever a court thinks proper. It is not
difficult to foresee that when this principle is este,-
blished in working, and is familiar to the popular
mind, there may follow other important modifica-
tions in the ideal sanctity of the right of property.
But this change in opinion must be left to time
to develop. For the present we can ask no more
than that we may have • court, whether parlia-
mentary or extra-parliamentary, which shall, with
moderate despatch, economy, and uniformity, de-
cide when private interests ought to yield to
public. Parliament bee in many respects very ill
performed this duty. But it has had one advantage
which a more permanent tribunal would not enjoy.
It has, sooner or later, faithfully reflected public
opinion. In a less fluctuating court there would
always be the fear that fixity of rule would dege-
nerate into cast-iron formality, and that in place of
loose justice we might suffer from strict injustice.
If any man can invent a court which will not ulti-
mately become a slave to its own forms we shall
gladly welcome it. Till such • court be invented
we must, however, think a committee of the repre-
sentatives of the nation • sounder sod safer tribu-
nal to decide between osaffieting claims to public
aid or protection.

(!rein the tem Thei'y New.)
IN the trial of Faun straw MARIKALLs which
area :sported in our impreetion of yesterdsy, there
can be no doubt but that the Colonel of the 2nd
Life Guards bad law upon his side. The testi-
mony of Sir JAYS" SCAILITT, the Adjutant-
General, is quite conclusive on this point. Accord-
ing to that &Boer's evidence, there exist in the
Household Cavalry certain privileges which are
unknown in other corps. In thane three regi-
manta —two of Life Guards and one of Blues—
the commanding officers have the power to dis-
miss soldiers without reference to the Horse
Guards or the War-office, except in cases of pen-
sions and gratuities. Colonel 2.l.taaw&LL wee,
therefore, only sot*/ in accordance with the rules
of the service when he took upon himself to turn
private Fenn on of his regiment ; but whether
he was justified by the circumstances in so doing,
or whether such an amount of irresponsible power
should be left in the hands of any one man, are
questions which will admit of reasonable doubt.
If we are to believe the evidence sworn to at the
trial, there was really no proof whatever that the
plaintiff Fain had been in any way connected
with the robbery which was perpetrated upon
Assn in the month of July last. It
seems that .Antrz complained to Colonel klaa-
that he bad been stopped in the Broad-walk,
at Windsor—where the 2nd Life Guards were
quartered last year—by • soldier belonging to
the Colonel's regiment, and that this soldier
had plundered him of a cigar-cue. Naturally
enough the commanding officer was anxious
to discover which of his men could be guilty of
such an outrage. Ann declared that the
soldier who bad robbed him was " a good-conduct
" man"—that is to say, he wore on hie arm the
badges to which soldiers are entitled after serving
for several years without being entered on the de-
faulters' list. By this statement Colonel Mal-
sithu. thought he had a clue to find out the
culprit, and he accordingly paraded fifteen or
sixteen soldiers who wore those badges, in order to
give ARNTz a chance of identifying the man who
had plundered him, but which he was unable to
do. For some reason which is left unexplained
the Colonel appears to have made up his mind that
the robber was private Fame, and accordingly
ordered him to be confined to barracks on sus-
picion ; but upon the soldier complaining that it
was harsh treatment to punish him for what he was
not guilty of, Colonel MaasuaLz dismissed him
from the regiment.
Now either FAZE& was or was not guilty of the
robbery upon ARNTZ--sither there was or there
was not some suspicious circumstance connected
with his conduct upon which he could have been
tried by a military or • civil tribunal. If the
former, Colonel MARSHALL was bound to have the
man brought before a court-martial or • magis-
trate ; if the latter, he should moat certainly not
have been punished at all, and most certainly not
have been dismissed from his regiment. It is an
axiom of ordinary English justice that every accused
Person is to be considered innocent until he is
proved guilty, but the Commanding Officer of the
2nd Life Guards appears to regard accused
people guilty unless they are proved to be
innocent. At the trial before the LORD CHIEF
Juane; on Monday last, the counsel for the de-
fence did bin utmost to injure the plaintiff's c.ha•
racter, by endeavouring to implicate bim with the loss
of • watch of Captain Noarox's, in whose service,
as soldier servant, FREER had previously been ;
but this attempt tailed altogether. There was
nothing proved which in the slightest way would
cast • stain upon the man ; on the contrary,
having been twelve years in the regiment, and
having the right to wear, not one but two good
conduct badges, it is only reasonable to suppose
that he was • well-behaved soldier in every
way. In fact, Colonel Idaisuam. did not
at the trial attempt to justify what he had
done, but contented himself with proving that
in dismissing Faze& he had not exceeded his powers
as Colonel of the 2nd Life Guards. In that par-
ticular every one must agree in the verdict for the
defendant. So far as the evidence of Ararrz
went to prove anything, it made out that Fazes
was not the Dl= who had robbed him of his cigar-
case, and the evidence at the trial proves that his
dismissalfrom the service was& mere whim orcaprice
of the officer commanding his regiment. If there
had been the slightest grounds for accusing FRIER
any more than any other soldier in the corps of
this robbery, Colonel MARSHALL was in duty
bound to have the case thoroughly investigated ;
if there were no reasons for suspecting the man,
FREER ought not to have been turned out of the
army.
It is curious to observe how, in spite of every
endeavour to conceal them, the abuses of our mili-
tary system come out into public sight from time
to time. We will venture to say that in English
civil life there are not &hundred persons cognisant
of the fact that the colonels of the Household
Cavalry can discharge men front the service at
their own will and pleasure. Still fewer can there
be who would defend such a system, or advocate
its maintenance. The splendid non-combatant
brigade of horsemen which is such an ornament
to our' public processions costs the nation
• vast sum of money, and is no doubt three times
as numerous as need be for the duty it has to per-
form. Still no one complains of the cost of the
show. Rut that the colonels of these corps
should have the power which, in other branches
of the army is only in the hands of mili-
tary tribunals, seems even • greater anomaly than
that we should maintain eighteen hundred men and
horses, for the purpose of occasionally giving an
escort of one hundred men when the Quint
or any member of her family goes abroad in state.
Colonel 3faesnsia. has proved better than a dozen
treatises could do that the power to dismiss soldiers
from the service at will is one which ought never
to be entrusted to a single man. Without any
reason whatever, save to prove to an accused sol-
dier of his regiment that the commanding officer's
will is law, he has taken upon himself to turn out
of the army a man wearing two good conduct I,
badges, who had served twelve years, and had
enlisted for • second period of like length. It has
been said thatione soldier of more than ten years'
els:ding is worth two recruits, and that every
I recruit of the Household Brigade omits the country
something like two hundred pounds before
he is perfectly fit for all his duties.
If so, Colonel MARSHALL has simply
wasted public money in order to gratify his own
whim. The rule by which he has the power of
dismissing men from his regiment is one of big
standing, and no doubt was made to save livable
in the event of a Life Guardsman being convicted
of
a f any civil Offincis. Properly and judiciously used I
regulation' woad servo to keep corps
the
which is about the person of the Sovereign
free from bad ' characters.. The men of the
Household Brigade have no mere duties to perform
about the Court thin have the soldiers of the Foot
Guards. The late& are, howevvre, heated more
Foezurt-orvica, Jima 2L—The Queen has like ether corps of the amp Their 0010eide can-
teen rraoionsly oloasoi to ocpstat linter Cheeks Mandela net dim*, them it ;if they subsist* they
to be her Majesty's consol-gensral at Warow.—einene.