The British Press; or, Morning Literary Advertiser.
London, England, 1805-03-16 00:00:00

MUTINY BILL.

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4

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The order of the day being read, for the commit-
ment of this Bill, Lord Walsingham accordingly
took the chair.
The different clauses and provisions of the Bill
were agreed to by the Committee, until that which
contains the previsions for compelling the admini-
stration of oaths to witnesses, on Regimental Courts
Martial, was arrived at ; when
The Marquis of BUCKINGHAM rose and ex-
pressed his disapprobation of that part of the clause,
AS well in point of policy, as in the view of military
regulation. He thought the old and uniform prac-
tice. with respell to Regimental Courts Martial,
should be continued. jr the course of his long ex-
perience, he had never heard a single complaint
made, or one objeCtion urged against it. The sol-
diers very seldom appealed from the decision of the
Regimental to the General Courts Martial ; and, in
the few instances where appeals were made, the sen-
tences of the Regimental Courts Martial were not
only confirmed by the superior Court, but the
punishment greatly increased; and he never knew
an instance of their decisions being reversed, or any
kind of slur or stigma thrown upon them by the
General Courts. He entertained another objedion
to the clause; no provision was made for the attend-
ance of a proper person or Officer upon these Courts
Martial, where the evidence was now proposed to
be taken upon oath, to take an account of the testi-
mony so given. He alluded to a person empowered
the Deputy Judge Advocates, to take an account
' proceedings. and to transmit them to the
Officio ; such a regulation was, the more
-or, as the witnesses were liable to the pains
penalties of perjury, and without it accusations
must be made from the loose and vague
is of the persons present. He ohjeCted to the
arrangement, on grounds of wisdom aid

policy. The course hitherto snrsued ought not to be
departed from ; but if the new regulation was
deemed an improvement, such a precaution as he
had suggested ought at least to be adopted. He
assured their Lordships he came forward on the
present occasion, merely from a sense of duty, and
from his zeal for the well-being of the army, and
the general good of the service. Constituted as the
clause then was, he mint oppose it.
The Earl of CAMDEN. in general terms, de-
fended the clause as it then stood in the Bill. He
conceived the provision by no means liable to the
objeftions entertained by the Noble Marquis. He
thought it would add a degree of solemnity to the
proceedings at such Courts Martial, and obviously
give a greater security for the correffness of the tes-
timony given by witnesses.
The Duke of CUMBERLAND expressed his
coincidence in the opinions of the Noble Marquis,
on the present occasion ; and, after what had fallen
from bim, a few words from himself would suffice.
First, he should observe, that. in the course of his
own experience, and as the result of his inquiries
from able and intelligent Officers, he never heard a
single objeflietti to the long-established mode ob-
served in Regimental Courts Martial ; then why
adopt a measure which must induce the belief, that
the former praftice was complained of ? Secondly,
he °Netted to the alteration, as more likely to tend
to an increased severity, instead of a more lenient
system ; inasmuch as the discretionary power of the
members of such Courts Martial, who were gene-
rally inclined, whenever it could be done with the
least regard to propriety, to a lenient mode of pro-
ceeding, would be the more shackled, is conse-
quence of the proposed alteration.
Lord HAWKESItURY observed, he agreed.
with what wan stated by the Noble Marquis and the
Royal Duke, with respe& to the general conduit of
Regimental Courts Martial. He had every reason
to believe, that, as much of what was coned, hu-
mane, fair, and honourable, prevailed in these tri-
bunals, as in any other whatever. He was free to
admit, no absolute necessity existed for the altera-
tion ; yet he felt it would involve such advantages,
as saould induce its adoption. He referred princi-
pally to the check and controul it would establish
as to improper evidence on the part of persons not
military ; with many of whom, an unfounded de-
gree of prejudice and clamour obtained, with re-
sped to the character all l profession of a soldier. It
established some ilegtee of security as to evidence
of that kind, and would give an air of proper so-
lemnity to the wholt. of the proceedings in Regi-
mental Courts Martial.

The Duke of CLARENCE observed, he agreed
with every thing that :lad fallen from a very near
relation of his. as to the clause in question, but he
disagreed with him, as to his approbation of His
Majesty's pre, •ot Ministers. He cordially agreed
with the sentiments of the Noble Marquis, in the
present inst ince. particularly in the propriety of
appointing a siirerintendirg Officer to attend at the
Regimental Courts Martial. for the purposes men-
tioned. and he seemed to think the Paymaster would
be a pro -tr person for the purpose. Though he
highly respeCted every thing that fell from the No-
ble Secretary of State, vet, in the ease before them,
he disagreeil with him le every thing he observed,
save one point, which was, that no necessity exi,!?.l
for the proposed alteration ; and he appealed to the
Revert nd Bench, whether, as Christian Prelates,
they coeld approve a measure, tending to the multi-
plication of oaths ?
Lord MULGR AVE defended the clause at some
length, and with much ability. He differed from a
Royal Duke, for whose charaEler and opinions he
ha f the most profound resped, in his idea, that the
alteration would tend to a system of increased se-
verity ; on the contrary, he thought, by providing
additional securities for the correaness of the pro-
ceedings, it must have an Opposite effeet. With re.
gird to the appeal made by another Illustrious
Personage, to the Rev. Reach, if it went for
any thing, it involved an application to the Bishops,
to bring in a bill to abolish the administration of
oaths in general. Upoa the whole, thinking the
system of Regimental Courts Martial would be every
way ameliorated by the clause, he felt it his duty to
support it.
The Duke of Cussar.RLaso, Lord I'l4%lMM:it Y,
and the Duke of Cr. ARINCE. severally spoke in ex-
planation t after which the question being put,
their Lordships divided, when there appeared,
For the Clause, 22—Against it, 13—
Majority for Ministers . 9
The Billbeing gone through without any Amend-
ment, the House was resumed, and the Report of
the Bill forthwith received.

After disposing of some private business, their
LorJships adjourned till to-morrow.

HOUSE OF COMMONS.

M. JOHNSON, front the Irish Soerttart of States Office,
presented an Account of a II the Ships and their Tonnage wh ch
entered the different Ports of Ireland in the Year 11104. Or.
dered to lie ow the Table.

Sir JOIIN STUART prinented a Petition (mm Cupar of-
Flo Scotland, praying for a Repeal of the Corn Act, which
Wilt also order-t 1 to lie on the

Mr. RAGWELL brought in a BM in alter and aninnd an
much of the Act of the S'ith of His Majmn as related to the
20s. Freeholds in Ireland, which was read a first time, and or
dered to ►e printed
Mr HER NMI!) pee notice, that on Menntay nest lie should
more fora Committee to inquire into the losses of the Grind
Canal in Ireland.

As the Depul
of the pr'c
Oc
for
and penaltie
of that kind
recoll•aions
proposed at