The National Register.
London, England, 1812-03-15 00:00:00

164

lost ifl .d ir. retaining, but be wonel generally state, that on the breaking
up of the war, the number did not succeed 5000; it now amounted to
30,0e0, 6 0 of which had been added within the last twelve months.
The Noble Lord condemned the pi inciple of employing foreigners in
our service to such an extent, contending that it was contrary to the law
of the land; and concluded by moving, That there be laid before tl.e
House a Return of all persons born out of England, Scotland, and Ireland,
and the dominions of his Majesty, except such as are of British parents,
serving in the British Exec. but not in Foreign corps."
Lord PALILLKSTON said, that every thing that had been done with
resprct to the eteistment of foreigners was justified by the 46th of his
present Majesty. The provisions by the Act of Settlement on this head
had been done away by subsequent statutes, and even if they had not,
it was impossible 16,(X)Oforeigeers (which was the greatest number that
could by law be admitted into au: kingdom), could now endanger the
liberties of this country.
Sir F. BURDETT did not apprehend any particular danger from the
German mercenaries now in our pay. He thought much more danger
was to he apprehended to our liberties from a few mercenaries in that
House, than from double tke number of German mercenaries with
their pistols and swords.
.After a debate of considerable duration, the motion was arr► ell to.
On bringing tip the Report of the Ordnance Estimates, Mr. BA ars
inquired if the contract with Mr. Wlll2ll for 3.00 horses had been ab-
wetted ?
bMr. W. PoLa said it bad, and Government were gainers, in conse-
quence, to the amount of 300.0001. per annum. The contract was for
the supply of MO horses, at 3s. per day per horse, finding and feeding.
Vti calculation he discovered that the contractor was m king a profit of
l►et weep 60,0001. and 70,Ce01. per annum. He recommended, there-
fore, that it should be,relinquislitd, and that Government should pur-
chase the horses, and provide provender. This plan wasaccordingly
-adopted.
A new writ was ordered to be issued for the borough of Lisburne,
in the room of Lord Yarmouth, who has accepted the office of Vice-
Chamberlain —adjourned.

WEDNESDAY, M %RCN 11.
%Ir. WILSON obtained le.lve, and brought in a Bill to amend the '
Marriage Act, so far as relates to the marriages of illegitimate children.
Mr. AsERCR9 ma Y tack notice of the injury which the military ser-
vice was likely to sustain from sending men into the regintents of the
line, who had been condemned for their crimes, and sentenced to
transportation. The prac ice he thoopht highly ohj. ctiunable. He con-
cluded with moving for a return of all persons who had been enlisted
under such circumstances.
Mr. Rynrit opposed the motion. A number of persons so admitted
had turned out good men, and conducted thtmselves in at exemplary
manner. He would not. therefine, exclude from them the hope, that,
by amendment, they might he restored to society and their friends.
Sir S. ROMILLY and Ceneral.,TA xLE En N supported the motion, but
It was negatived without a division.—Adjourned.

THURrDAY, MARCH 12.
.At four o'clqck the SPEAKER counted the f-tuuse, but there not being
eptEcient Members prebeut, they iqljuurned.

FRIDAY. MARCH 13.
The CHANCELLOR of the Esc:it:out:a brought tip a Message from
the Prince Regent, in the earn(' and behalf of his Majesty, desiring
that the same assistance be extended this year to Portugal as was last
year. It was referred to the Committee of Supply for Monday next.
MILITARY FLOGGING.
On the Order of the Day for the third reading of the Mutiny Bill be-
ing read,
Sir F. BURDETT rose, and spoke to the following effect I rise in
order to make another effort towards the abortion of that most odious
custont of flogging prevalent in our army ; it is a punishment, the seve-
rity of which, both in the minds of the more humane of our own peo-
ple, and in those of the inhabitants of other parts of Europe, disgraces
this country. It is a punishment, the debasing nature of which disqua-
lifies Those who have undergone it foe-fulfilling the dutivi Of citizens.
Heretofore, indeed, hut a few individuals were subject to it, even then
the voice of humabity should lucre been raised to procure its abolition;
but if its abolition e crc then expedient, its existence most assuredly
now cannot be considered actrnicoilth.' when, if it he suffered to re-
train, the whole spopula.ion of England is tsposed to it. It is of con•
sequence to keep this circumstance in our mind hi the course of the
present discussion, os we'll -as the fact before referred to, that the pu-
nishment entails seal disabilities, and for this fact, we nerd seek no
higher authority than Sir Win. Biackstone, who says, that the circum-
stance of an individual having undergone the punishmelnt of flogging,
would form a suffilent ground or objection to his beirg placed o:i a
Jury ;it is, ac it were, upon a level with felony. I :rave observed that
the art of preservieg discipline in cue army by fogging is not of antient
elate, and in fact we tint oil Sti!tutesie.gulating the penalties for mili-
tary offen es, from which it appeArs, that there was a period when
s /diets were tried like pees() s in a civil capaci:y, be:ore a Judge and
Jury. I have rte‘vetsed with matey' military Officers of long standing,
%Ai !Live assu-cd me, that they coni.l rzrendier but ver7 few in-
auees of penislenen: to the course et slide a•reica pctyious to the

NIARCII 14.

present war. I have been informed by one Officer in particular, that
he remembered but a single instance, and then the individual sa.e
turned out of the army. But what is the ground for the necessity, V
such necessity does exist, of this practice ? It is nothing more ur 'ee
than this—.you do not render the condition of a soldier inviting ;
emoluments are scanty, and therefore the fear of the lash, anti not
dread of expulsion, or the call of honour, must be his incentive to tea
performance of his duty. You do not find it necessary to flog Cfli ere,
they have other incitements, and if you hold fot th more of reward and
less of punishment to the brave men placed under their commann', you
will find that tee necessity is not greater in the one instance than iu the
othn r. An lionourable and Learned Gentleman on the opposite side
of the House' (the Judge Advocate) declared on a late occasion that in
the space of more than two years there had been but tight scntet,ces
passed by General Courts- Martial holden in England, and that out of
these eight sentences, but one had been executed, and that by the
choice of the individual on whom it bad been passed, who refused
to commute it for foreign service. I really am quite at a loss to know
what object the Judge Advocate had te serve by impacting such infor.
!nation. Did he mean to show thereby that the practice of flojing
was on the decline ? Sir, it has never been a common thing for flog-
ging to be inflicted by virtue of the sentence passed of a General
Courts-Martial ; but will the Honourable and Learned Genthn an
enumerate the number of sentences passed by Regimental Courts-
Martial, and executed too, within the period that has supplied him
with a boast as to the lenity of General Courts-Martial ? If he wnl,
have little doubt but that he will be compelled to melte a melancholy
change cf his units for so many thousands. We have now the epi-
ohms of Many Officers on record against this barbarous practice.—
Among these it was first protested against by Major James, in his week
entitled The Soldier's Companion. He has been followed by Sir Rohs rt
Wilson. and General Steward, and General Colburn. All these gal-
lant Officers concur in thinking the punishment of Begging in:amour,
and adapted to stigmatize the individual who suffers it. They say that
such an one rarely holds up his head afterwards, and that for one wl ore
habits are *monde'', numbers are rendered more depraved and incorri-
gible. I put it to the House, whether it be proper to adopt a treatment
towards persons engaged in a profession, the basis of which is honour,
which is only fit for the management of the vilest and molt incorrigible
animals I I ask, whether it be proper to subdue that high-toned rural
feeling on which we must ultimately depend in the hour of trial ? I
would ask, whether the injustice of ill treatment be not a thousand
fold enhanced by the good conduct of our soldiers. who have so nobly
upheld the military renown of our forefathers, and are every day re-
flecting splendour on the country which they protect ? is it possible to
reflect with patience on one of these gallant men dying in cousequence
of the 'eve' ityof punishment, without any inquiry whatsoever being
made as to the cause ? The Honourable GeteLimen opposite have ir-
deed done their best to justify the continuance of the system, by the
introduction into the arrnye f a multitude of persons from the hulks.
But is it reasonable to ;hue infect the ranks of our gallant army, and
then inflict a punishment which humanity shudders to repress. Much
has been said with respect to the practice of lit gging having I een eba-
Hailed in foreign si rvicee ; but we need not leave the limits of our on Li
country in order to find proofs of the little necessity there subsists for it.
An illustrious instance particularly is to be found in the conduct of his
Royal Highness the Duke of Ghaticester. His good genie and hune.:-
nitv hadeatight him to think that flogging was not necessary to form a
soldier • and having invited the Officers of his regiment with iv
melds simile' to his own, the consequence has been, that there his nut
been a punishment in it for the last four years. But this Is not the only
of the plitairy success of the .experiment. A bauilion of his
fO7! 1 Highness's regiment' Is now serving in the Peninsula, and Earl
inflict
Wellington having been lately driven to the necessity of inflicting the
punishment of death on some individhel in his army, when it was
thoeght expedient to make every other regiment witness the-execution,
this battalion was specially exempted, Ferl Wellington conceivnig their
general conduct to he such as rendered their attendance unnecessary.
The Honourable Baronet maintained, that they must know very little
indeed of mankind, and of the feelings of the army in particular, it they
were not convinced of the fact, that it was much sealer to lead nen
than to drive them. He should beg leave to i !lapse, neat a Clause Ls
inserted in the Mutire; Bill, to abolish the practice of corporal putedi-
ment, which Clause would state the reasons for adopting it, namely,
that the mode of punishment by flegeing rendered men infamous, ilea-
picatcd them to perform certain civil functions, ,o.h.c.
Mr. MANNERS Stereos could not permit the extraordinary olYer-
vations that had fallen from the Hon. Baro set to pats without ceder-
vowing to give them that answer which their nature rendered .he.in
capable of receiving. The lion. Baronet had stated that the subject
was one of some difficulty, because it was rather an appeal to the best
than to the head ; however that might be, his (Sir F. Bitrdetes)laefh
was indeed addressed to the passions rather than to the liead.—( iiear/
But he would not, he could not admit, for one, that the Hon. 13aronet
had, even in the most distant manner, spoken the feelings of the slaty.
The army at large, be Mt esnered, would recoil at the description ,hat
had been given of them. •I hey would not say with the it chainpi
that their's was a state at punishment without any hope of reward; they
would not say that they were in a state of deeradatione—that they veers
ilegr,i;le I below the condition of slaves. No; e
:ha iecensed feelings whthey wou d
he (leser!eti"ie al'd be they win o
.;41 tinesh'

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