The Sun.
London, England, 1844-03-11 00:00:00

DUELLING

On the vote for the pensions to the widows of
officers being proposed,
Captain BERNAL rose to move for a copy of any
letter or correspondence which has passed between
the Secretary-at-War and the widow of the late
Lieutenant-Colonel David Lynar Fawcett, C. 8., re-
lative to the withholding of her pension. In bring-
ing forward this motion, he begged to return his
thanks to the Secretary-at-War for the cour-
tesy and kindness which he had received from that
Right Hon. and Gallant Gentleman on this occasion,
and he would venture to express a hope that the sub-
ject would be discussed in a spirit of temper and mo-
deration. It would be necessary to recall to the re-
membrance of the House the fact that the Hon. Mem-
ber for Truro had put a question to the First Lord of
the Treasury on this subject, and tha tthe Right Hon.
Gentleman had on that occasion taken great credit to
his Government for exerting their legitimate influence
for the discouragement of duelling, by refusing a pen-
sion to the widow of an officer of great military
reputation, and who had distinguished himself
in the service of his country, but who had
unfortunately fallen in a duel. Those, he believed,
were the exact words of the Right Hon. Gentleman--
no special circumstances had been alleged, beyond
the fact of the officer falling in a duel, to justify the
refusal of the pension. He must confess that when
he heard that voluntary declaration of the Right
Hon. Gentleman the First Lord of the Treasury, he
had been astonished, not so much at the manifest in-
justice of the act, as at the manner in which it had
been attempted to be justified. He had been told that
precedents might be brought forward to support that
act. He had searched diligently for precedents, but
had not been able to find a single one. At the time
the Noble Lord the Member for Tiverton was Se-
cretary at War, in the year 1817, a pension had
been refused to the widow of an officer who had
committed suicide ; but he would leave the House to
decide whether that could be considered a case in point.
It was not his intention now to enter into any general
discussion of the question of duelling. He would not do
so for this reason. He thought so long as the majority of
Members on both sides of that House were so ready to
follow in the footsteps of Mr. Pitt and Mr. Fox as in
becoming parties to a hostile meeting, that such dis-
cussions were of no avail and he would suggest to the
Hon. Gentleman who sat below (Mr. Turner), that
he would pursue an advisable course in withdrawing
the resolution of which he bad given notice ;
and if he would turn his attention to the
state of the law at present on the subject,
and bring in a Bill by which the relations in any case
of falal duel might come upon the survivor for damages,
as was the law in France ; and, to come nearer home,
Hon. Gentlemen were not perhaps aware that such a law
existed in Scotland; it would have greater effect in putting
an end to the practice of duelling than any other course
of proceeding. The Right Hon. the Secreary at War
had coolly told the House the other night that there was ,
a clause in the Mutiny Act, by which all officers or
persons who conveyed challenges to others were liable
to be tried by court-martial and cashiered. He would
read that clause, it was to the effect, that any officer
or soldier who gave, sent, conveyed, or promoted a
challenge to another or upbraided another with not
fighting a duel, or if commanding a guard, should per-
mit any number of that guard to go out to fight a duel,
should be liable if an officer, to be cashiered -or
suffer any other punishment, according to the
nature and degree of the offence as in the,
judgment of a• court-martial should be awarded
He (Captain Bernal) did not scruple to say that that
clause was certainly a• dead letter. He could state, from
his own experience, that no officer could ordinarily re-
fuse a challenge ; and he knew of no instance when
the conveyor or promoter of a challenge was brought to
a Court-martial for that offence. In looking over the army
list he saw certainly that an officer on the half-pay list
bad some years ago been struck off. Not for fightinu
duel, but fir fighting with a superior officer. He alluded
to the cose of Ensign Batty; and the superior was
blamed, not for fighting a duel, but for fighting with an
inferior officer. But he would give a still stronger proof
that an officer was not allowed to receve an insult
happenssu
bject.
to It
bwea a s tmoini thisete
without taking notice of it. He held in his hand a
letter of a man of high military*reputation on the
;,fitecotr—'•
to Is
st
n'
b e gentleman,insinsulted whoby
any gentleman who thinks proper to impute criminal
motives to him in his -conduct as an individual. I can-
not doubt the decision I ought to make
upon the
question, and I now call upon you to give me
that satisfaction which every gentleman has -
a right
to require, and which. a gentleman never refuses.
This letter was signed- Wellington—(Hear)--and that
Noble individual, it was needless for him to say, was
now at the head of the Hosse Guards, #9.dihat letter
was conveyed by the Right Hon. Gentleian who was
now Secretary at War.—(Hear.) He would refrain
frthn adducing any other examples of duels that had
proved fatal, although he could produce many instances.
Be would, however, refer to the case of a cavalry
officer, who was concerned in an unfortunate duel.
The Right Honourable Gentleman had said
that there was no instance on record of an officer who
had -been cashiered for not fightutg 4 duel, if lie would

turn back to 1818, he did not mention names for an ob-
vious reason, he would find an instance of a Lieutenant-
General of the Royal Marines, who was brought to a
court-martialfor neglecting to demand the honourable ad-
justment of a quarrel, &c. Another instance: an officer
was sentenced, for a similar offence, to be suspended
for six months, and in his own regiment he was ac-
quainted with sn officer who refused to fight a
duel, • and for doing so, he was driven from the
regiment. So that, if an officer obeyed the dictates
of reason, he must give up his commission; and if he
followed those of honour, he was liable to be tried for
his life.—(Hear, hear.) And if an officer fell, they car-
ried their vengeance beyond the grave, and deprived his
widow of a pension. He would now say one word with
respect to pensions. There was:some considerable dif-
ference of opinion between members of that House with
respect to them. Some Gentlemen thought an
officer's widow was entitled to a pension; but he (Capt.
Bernal) believed that in no case could a widow claim a pen-
sion, it rested entirely with the Secretary at War. In the
present instance, if Lieut.-Colonel Fawcet had sold his
commission before his deathJ the sum of 3,500/. would
have been at his widow's disposal, but as it is,
she lost both the capital and the pension.
Now if he might allude to an unfortunate circumstance
that had recently taken. place, in connexion with the
State prosecutions of Ireland, he must be permitted
to say that he did not do so for the puapose
of indulging in any unworthy taunt. Whatever
difference of opinion there might be in reference
to the trial itself, he thought that the manly and spirited
way in which a certain Right Hon. Gentleman had ex-
plained away his conduct, was sufficient to obliterate all
unkindly feeling, and for his own part he sincerely
hoped that upon. this ground the door of legal promotion
would not be closed upon him.—(Loud cheers.)
At the same time he was at a loss to understand the
principle n hich overlooked a practice in one party, and
upon the other, a weaker and more defenceless one,
visited snch heavy punishment. Surely it was anguish
enough for this wretched lady, that her husband had
fallen by the hand of her brother-in-law—surely that was
sufficient punishment. And now that the seconds in the
duel—the more culpable parties by far—(Loud cheers)—
now that they were acquitted and still held their Com-
missions, surely it savoured somewhat of persecution
thus to visit upon the wretched woman the consequences
of her husband's fault. At the best, it was paltry to
visit his sins upon her helplessness. He did not know
that unhappy lady, and could have no motive for his
conduct, but that which all in the House would partake
in common with him ; and he could not but entertain a
strong hope that the Honourable and Gallant Officer
opposite (Sir Henry Hardinge), whose character for
courage was only equalled by his reputation for hu-
manity would yet revise his opinion, and agree to the
motion he now submitted to the House.—(Loudi and
general cheers from all parts of the House.
Sir C. NAPIER seconded the miition.

Sir. H. HARDINGE said he should certainly endea-
vour to follow the Gallant Officer with the same
excellent temper and good feeling which he had shown
in introducing his motion.—(Hear, hear.) He felt
called upon to justify to the House the decision which
he, in the exercise of his judgment, had formed, and
which had been subsequently confirmed by his Right
Honourable Friend. In that decision he was influ-
enced by special circumstances, and not governed by any
direct or general rule. On the contrary, he had been
influenced by considerations, that there were circum-
stances so unjustifiable in this duel that required
the Government to show as much discouragement
and as marked a displeasure as possible. He
would inform the House what had taken place
In September he received a communication from the
agent, asking for a pension for Mrs. Fawcett. He sent
to the agent a communication informing him that in his
(Sir Henry Hardinge's) opinion it was a case in which
a pension could be recommended by him, but under all
the circumstances of the case, he recommended the
agent not to press his application at that time.
In the course of a month he received a letter
withdrawing the first application—he did this in order
that the case of Lieut. 'Munro, who was then understood
to be about to take his trial, might not be prejudiced
from any record of his that he considered the duel
injust—he did not, therefore, make any record at the time
of the reasons which influenced him in withholding the
Pension, but he had since stated that it was
not a: case which, in his opinion, a pension ought
to be granted. With regard to what passed
between him and his Right Honourable Friend,
also wrote to him upon the subject of Mr. Munro from
the country. He begged to state that in the answer
which he wrote to his Right Honourable Friend
he said he understood' that expectations were held
ont by the friends of Mr. Munro that in a
month or two that gentleman would return and
take his trial. This was stibsequent to his decision upon
the case of Mrs. Fawcett.- Having the expectation that
Mr. Munro would take his trial, he though it would
equally prejudice his case if he had been
deprived of his commission previous to his trial.
His Right Honourable Friend concurred with him in
that opinion, and he also concurred with him in the
opinion that it was not a case, considering the
near relationship of the parties, in which a pension
could be granted to Mrs. Fawcett.. But as hellbaid
before the pension was refused on special grounds, and
not on any general principle. He would now state what
the practice of the War Office was on this subject.
The Right Hon. and Gallant Gentleman then referred
to a duel which took place in Ceylon in the year 1829,
One of the parties was shot, and an application was
made for a pension for the widow. He made a minute
upon the case to the effect that it was for public
service performed by the husband that a widow
was entitled to a pension, and not if he lost
his life in any private •or personal quarrel. He
also stated that due allowance would be made for the
force of custom and the usages of society ; and that
upon the whole case being known it would
be for the discretion of the War-Office to say whe-
ther the circumstances in that case were such as
would justify a pension. He received a re-
port of the case from the General commanding at
Ceylon, but his information upon the subject was as
scanty as his own. Shortly afterwards Mr. Wynn
at War, and he found
lifibate on the subject.
sthuaccteemderd. hivimynnas
mSecadreetaray
The minute of Mr. Wynn was to this effect, that as there
were no circumstances of palliation in the case, the pen-
sion must be refused. He now Same to a more unfor-
tunate case than that of Col. Fawcett. He meant the
case of the late Capt. Boyle. It appeared in that
Case that the pistols had been actually forced into Capt.
Boyle's hand, and in that case the then Government
being of opinion that there were circumstances of palli-
ation, the Government were of Opinion that the widow
of Captain Boyle was entitled to her pension.
(LEFT SPEAKING)

NAVAL INTELLIGENCE.
(From the Hampshire Telegraph.)
Ponismouni, I%Lhalcii 9.4—The Resistance, troop ship,
Commander Patey, sailed on Tuesday, with detachments -of
the 2d battalion of Rifle Brigade, add of the 71st Regiment,
on board, for Cork; there to embark a detachment of the
89th Regiment, and then proceed with the whole to Canada.
The Prince George, transport, Lieutenant Ward, agent,
sailed the same day for Bermuda, havibg on board a detach-
ment of the 20th Regiment, and a company of the Royal
Artillery.
The Dee, steamer, Mr. Driver, master, went out of harbour
yesterday, and sailed for Cork.
The Daedalus is to be converted into a flush deck ship, to
carry sixteen of the heaviest guns.
The Superb, 80, is to be made an advanced ship instead of
the Kent, 76.
The Bonetta is commissioned for the Mediterranean sur-
vey • and the Sparrow, for surveying the Scotch coast.
foorings are prepared in this harbour for the Queen, of
110 guns, and Indus, 78. Both ships will be, therefore, paid
off here.
The Poictiers and Ann Robertson, Indiamen, sailed on
Wednesday, for Calcutta.
The Pekin and Serge, packet-ships, for Hong-Kong, ar-
rived from the River on Thursday, and will proceed to-morrow.
In Harbour—St. Vincent, Victory, Excellent, Victoria and
Albert, Dee, Fearless, and Echo steamers; Adventure, tran-
sport.
At Spithead—Pekin and Serge, East Indiamen.
The Lords Commissioners of the Admiralty have issued a
circular, directing that, from the Ist of April next, officers of
all ranks doing duty. as secretaries shall receive five shillings
per diem out of their half-pay, in addition to their present
salaries. (As secretaries to Admirals are quite irrespective of
the service, we question the right of the Admiralty to inter-
fere in this manner with the half pay.)

PROMOTIONS AND APPOINTMENTS,

PROMOTlONS.—Mate—Prederick Robinson (1835), of the
Comet, to the rank of Lieutenant.
APPOINTMEN'TS.—Commander—J. S. Brock, to the Bonetta.
Lieutenants—George Newcomen (additional), to the Agin-
court ; J. H. Veitch, to the Styx ; H. C. Otter, to command
the Sparrow.
Master—John Penn, to the. America, vice Mackey, war-
rant cancelled. . . .

Paymaster and Purser—John E. Dring (acting) to the
Larne.
Assistant-Surgeon—J. B. Lawrence, to the Styx.
Chaplain—Rev. R. Petman, to Chatham Dock-yard,
vice Whitehead, superannuated.
Clerks—James Timpson, to be Secretary's Clerk to Rear-
Admiral Bowles, vice Winstanley, to the Victoria and Albert
yacht; J. Roberts, to the America; W. A. G. Young, from
Sir C. Rowley's Secretary's office, to the St. Vincent; Au-
gustus Gilbert, to Bonetta in charge).
Naval Instructor—Mr. F. IV. Smith, to qualify.
Engineers—W. Jeffery (Ist Engineer), and Henry Lee,
(2d Engineer), to the Comet.