The Express.
London, England, 1867-03-16 00:00:00

FLOGGING IN THE ARMY.

Mr. OTWAY, in moving "that this house, reserving for
future consideration when requisite the question of the
exigencies of a state of war, is of opinion that it is un-
necessary that the punishment of flogging should he
awarded during the time of peace to soldiers of the army
or corps of Royal Marines serving on shore," said that
the question he had to bring before the house
was one of paramount importance, and it was
only the deep conviction members entertained upon
the question of flogging in the army that induced
him to bring it forward on the present occasion.
The house had often been told, and no doubt believed
that there was for a man entering the army an absolute
protection from this degrading punishment, that until he
had committed certain offences and been reduced into the
second class he could not be flogged. (Hear, hear.) He
regretted to say that that was not the fact. Of
course the camas were exceptional, but there had
been instances in which soldiers who were in the
first clans had been dogged before they were degraded.
But by whom was this punishment inflicted The
soldier had not the protection which was given to every
other citizen of this country, for he was never tried by
his peers. In France, when a private soldier was to be
tried, two men from the ranks sat on the court-martial, and
gave their voices with equal power to that of their supe-
rior officers ; while in our service a soldier was sentenced
according to the will of the officers alone. It had been
said by some that the men themselves desired the reten-
tion of flogging, but that was a most singular statement,
and not at all borne out by the anecdotes which had oome
down to us, recorded by men who bad fair opportunities of
judging of the matter. Sir William Napier stated that
on one occasion, during an action in India, he found a
soldier constantly trying to place himself between him
(Sir William) end the enemy ; and upon being asked why
he thus risked his life, the man replied, " You saved me
yesterday from corporal punishment." (Hear, hear.)
This degrading punishment had been entirely abolished in
Prussia, and the Austrians were about to follow so laud-
able an example. Such being the case, it was not right
that we should lag behind. The House of Commons had
taken several steps in amelioration of the punishment of
the soldier, but he regretted to say that they had
always been taken in opposition to the military
authorities, who were afraid that discipline would
suffer. The discipline of the British army, however,
was not dependent on the lash. (Hear, hear.) At any rate
let them make what he considered to be a safe experiment
in the terms of his resolution, which asked them simply to
express an opinion that it was unnecessary. that the dis-
graceful and cruel punishment of flogging should be
awarded during the time of peace to soldiers of the army
or corps of marines serving on shore. (Hear, hoar.)
Major ANSON seconded the motion. He said there
could be no doubt that the punishment of flogging was
against the spirit of the age, and that it militated very
considerably against a good class of men entering the
army.
Mr. MOWBRAY resisted the motion, as a revolution
in the discipline of the army for which no sufficient reason
had been given. He went at length into the military re-
turns to show that the punishment was inflicted for fewer
offences than formerly ; that fewer men were flogged, and
that the number of lashes was much fewer ; and, while
pointing out the inconvenience and impossibility of ap-
plying a general rule of abolition to all the stations of the
British army, he assured the house that the Commander-
in-Chief and the military authorities were anxious to use
the punishment within the narrowest limits. As to the
brutality of the punishment, he argued, by referring to
the numerous crimes to which it had been applied by re-
cent legislation, that public opinion was not revolted by it.
Captain VIVIAN'S objection to the punishment was
that its degrading character levered the soldier's calling
in the eyes of the rest of the community, for he admitted
that it was now very mildly applied, so mildly as to have
lost its deterrent effect. Most commanding officers would
gladly dispense with corporal punishment if they had
greater facilities for getting rid of bad characters.
Colonel HERBERT defended flogging as the only effi-
cacious punishment which could be inflicted in many
cases, and as saving us from the necessity of a sterner code
like that of the French army. He deprecated the motion
as an injurious interference with the discipline of the
army.
Mr. B. OSBORNE replied that interference with dis-
cipline was the stereotyped cry by which all motions of
this sort were resisted, and strenuously supported the re.
solution, as it was by the House of Commons alone that
all important army reforms had been initiated.
The motion was supported by Captain GROSVENOR and
opposed by Sir C. Ituaneu..
Sir J. PAKINGTON pointed out that under the rep.
lotions of 1861—which were about to be incorporated with
the Articles of War—no man could be flogged except for
gross and repeated offences, and that the English military
code was.really more merciful than the French, Prussian,
Austrian, or even the United States' codes. The Com-
mander-in-Chief and the Adjutant-General were of opinion
that it would be fraught with danger to part with this
remnant of corporal punishment, and he was bound, there-
fore. to oppose the motion.
General I'EEL insisted that the retention of this punish-
ment was necessary for the maintenance of discipline in an
army enlisted as ours was,—that it was a protection for
the good men, and that if it were abolished in time of
peace it could not be retained for war.
Mr. IVHITBREAD urged that the abolition of flogging
would be a great smietance to recruiting.
After some further discussion, in which Colonel North,
Captain Hayter, and Mr. D. Bromley joined,
- - - - -

The house then divided—
For Mr. Otway's motion lOB
Against it
The result was received with loud cheers from the
liberal benches.