The Sun.
London, England, 1844-03-12 00:00:00

PUBLIC ACCOUNTS.

Dr. BOWRING gave notice that, on moving the
Order of the Day for going into Committee on the
next Supply night, he would call the attention of the
House to the necessity of improving the form, and
removing the prominent defects in the present system
of keeping the public accounts.
LAW OF CONSPIRACY.

Mr. O'CONNELL gave notice that on an early
day after the recess he would move for leave to bring in
a Bill to define the law ofconspiracy.—(Cries of" Hear,
hear.") Also, for leave to bring in a Bill to repeal
the several statutes and laws relating to landlords and
tenants, passed since the union, with the object of
abolishing the power of levying under a distress for
rent for a less amount than 201., except in cases where
there is a lease of 21 years.
INCLOSURE OF COMMONS.

SHARMAN CRAW FORD gave notice that,
on the second reading of the Commons Inclosure
Bill, he would move that the Bill be read a second
time on that day six months.
MAYNOOTH COLLEGE.

Mr. WYSE postponed until after :Easter the
motion of which he had given notice, respecting the
Catholic College of Maynooth, and altered the form
of the notice in some respects, which were not dis-
tinctly understood in the gallery.
Mr. B. ESCOTT wished to ask the Hon. Member
for Stockport, whether it was his intention to proceed
to-morrow with the motion of which he had given
notice, for a Select Committee to inquire into the ef-
fects f protective duties on imports upon the interests
of the tenant-farmers and farm-labourers in this
country ?
Mr. COBDEN said, that thinking it would be in-
convenient to proceed with the motion to-morrow,
it had been his intention to postpone it ; but finding
that, if he did so, there would be no chance of its
coming on be-for:Easter, he had determined to adhere
to the notice.

Mr. MONCKTON MILNES gave notice of a
motion for a lithographic print of the arch to be
erected in front of the British Museum.—(Laughter.)
THREE •AND-A-HALF PER CENTS. AN-

a court-martial for that offence. In looking over the Army
List he saw certainly that an officer on the half-pay list
had some years ago been struck off, not for fighting a
duel, but for fighting with a superior officer. He alluded
to the case 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 wa's not allowed to receve an insult
without taking notice of it. He held in his hand a
letter of a man of high military , reputation on the
subject. It was to this effect:—" Is a gentleman, who
happens to be a Minister, to submit to be insulted by
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."
That letter was signed Wellington—(Hear)—and that
Noble Individual, it was needless for him to say, was
now at the head of the Horse-Guards, and that letter
was conveyed by the Right Hon. Gentleman who was
now Secretary at War.—(Hear.) He would refrain
from adducing any other examples of duels that had
proved fatal, although he could produce many instances.
He 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
bad been cashiered for not fighting a duel. If he 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-martial forneglecting 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 an 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 Hon. Gentlemen thought an
officer's widow was entitled to a pension, but he (Capt.
Bernal)believed that in no case could a widow claim'it pen-
sion; it rested entirely with the Secretary at War. In the
present instance, if Lieut.-Colonel Fawcet had sold his
commission before his death, the sum of 3,5001. woukl
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 purpose
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 filch overlooked a practice in one party, and
upon the other, a weaker and more defenceless one,
visited such 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.—(Loud and
general cheers from all parts of the House.)
Sir C. NAPIER, seconded the motion.

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 not 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
unjust. 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 in which, in his opinion, a pension ought
to be granted. With regard to what passed
between him and his Right Honourable Friend,
who 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
out by the friends of Mr. Munro that lin a
month or two that gentleman would return and
take his trial. This was subsequent 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 he said
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
succeeded him as Secretary-at-War, and he found
that Mr. Wynn made a minute on the subject.
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 came 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 pallia-
tion, determined that the widow of Captain Boyle
was entitled to her pension.—(Hear,hear.) The at-
tention of her Majesty's Government had, during the
recess, in consequence of this unfortunate affair of CoL
Fawcett's, been directed, in attempting to devise means
for the discouragement of duelling. The circumstances
of that case had been brought prominently under their
attention. The insult had been but trifling. Nothing
had passed between the parties beyond a request that
one of them would leave the room. Colonel Fawcett was
well known as a gallant officer in the service. His cha •
ratter was firmly established. There aas no necessity
for him to have hurried forth in breathless haste to shoot
his brother-in-law in the morning. There was nothing
whatever to justify a duel between such near relatives,
and under these circumstances he felt that he wasjusti-
fied in refusing to recommend his widow for a pension.
The manner in which pensions to the widows of officers
were granted was regulated by circumstances. If an
officer were killed in action, his widow had a double pen-
sion. If the officer was killed in a legal manner the
pension was granted, but he did not think that he should
have been justified in recommending the widow of Col.
Fawcett for a pension, and her Majesty's Government
agreed with him in opinion on that subject. He knew
that in certain cases pensions had been allowed to the
widows of officers killed in duels. Thirty years ago,
when our army was serving with foreign troops, duels'
used to take place constantly—sometimes as many as
four or five a day, in consequence of insults offered by
foreign officers to the British uniform. In those cases
the officers were obliged to fight to maintain the honour
of their country, and where in such duels British officers
had unfortunately fallen, it would have been most un-
just to have refused pensions to their widows. He had
taken his line of conduct in the matter, and to that line
he would adhere. As to the case of Lord Londonderry,
to which the Gallant Officer had alluded, he was blamed
not for fighting with an inferior officer so much as with
an officer on half-pay; the distinction between whom
and an officer on full pay was known to the Gallant
Officer, who was acquainted with the customs of the
service. With respect to the case of the Duke of
Wellington, to which the Gallant Officer had also
referred, that distinguished individual had had a differ-
ence with a Noble Lord who was not in the army, and
it certainly never had been a code of the army that of.
ficers should not resent an insult offered by,a party un-
connected with the army. The Gallant Member had
said that no officer had ever been dismissed the army
for fighting a duel. General Burton, who had fought a
duel on half-pay, had been dismissed on that account.
With respect to the case of the Colonel of Marines, that
officer had allowed several aspersions to be cast on his
conduct, which were afterwards renewed by another
Lieutenant-Colonel, and gave rise to such rMitnina,
tions on both sides, that it was found necessary to re-
move the parties, and, in consequence, one of them was
dismissed the service, and the other was put on half-pay.
He was prepared to state to the House the arrangement
which had received the sanction of her Majesty, and which
would be comprised in a clause to be inserted amongst
the Articles of War. That arrangement, he trusted, would

have the desired effect of putting a stop to the inecito.
vous practice of duelling: the clause would beeae the
tory one. (The Right Hon. Gentleman her _teni.
clause, which declared the approbation of the ri:ti the
ment of the conduct of all officers who, having .044
misfortune of giving offence,Thr injuring, °r i ss
others, should explain, apologise, or offer re eau of
the same ; or, having the misfortune to recetyf el'fence, injury, or insult, should cordially aeeel).t,en;
planation, apology, or offer of redress, frankly cis sub
if such were refused to be made, should submiftthe tee
ject of complaint to the commanding officer o
toed
ment, corps, or garrison; and they accordingly se.lig wd
of all disgrace all officers and soldiers who, helublltit
ling to take such redress, had refused a challeuge2nsidr
clause, he had no doubt, would have a very
extent
rable effect in discouraging. duelling to s dueling $l.
They might not be able to eradicate due_ad
together ; but he trusted they would suu'lest,)
adifying the practice very much.--(Fiaar'ber gri
When the officers of the army found what ressol
jesty's sentiments were—sentiments so openly ef..Pos,
—they would act in accordance with those tell; lay is
disfavour the practice of duelling as much jog
their power. There had not been a single duel was 0
regiment for eight years, and he believed tre hest)
little duelling in the army as else,A
Notwithstanding what the Gallant Officer !`l3, foo
there were some cases which defied legisla,°_,° roar
was impossible for any Government or any `":",,t
at-War to devise articles of war which would Inuclisting
case:of duelling. The Articles of War at present cussing foil
referred only to officers in full pay, who were doers
military duty, and did not apply to half-Pa; 0001
who were not in active service. If officers haell.t tliel
with private individuals, he would not consent Ttsinisg
should not have the same opportunities of ,°societi.
satisfaction for an insult as other members °L Article'
To officers on half-pay he had already said the grants'
of War did not apply, and, unless in a case so flathef
1°
to demand the exercise of the Royal prerogatilee,re
would be is the same position as civilians. 1.5 the
not one duel now for fifty heretofore. The Plebut
Gallant Officer called for would be prodder' of
could not hold out any hope that the Per'sloao!
be granted to Mrs. Fawcett, as there were many case
case'
for not acceding to it which might not exist in other
his
Mr. DUNCOMBE said he did not think 001
jesty's sentiments on the subject of duelling lifrieo,
the effect anticipated by the Gallant Officer. l'i'ecosibe,'
of Lieutenant Munro had done him (Mr. PuLt,
the honour of addressing a letter on this subr-kties"
believed if all the circumstances of the case were 00'
Mr. Munro would be entitled to deep comelisse) The,
instead of the censure of the public.--01e,h.argatigli;
Right Hon. Gentleman had stated that the ar',.sigb;
have been settled, and ought to have been. tlfsirb,
Hon. Gentleman had a correct statement of thebeto be
must have known that the most gross language, IV:
used to Mr. Munro. The quarrel took place tarel!";
day evening, and the parties did not fight till St go*°,
the Ist of July. The whole, therefore, of the, ,e%teto
day (Friday) was passed by the seconds and
Munro in taking the opinions of persons of ,as 0
not in the military life, but in society general )o'l.o b
what ought to be done. Now, Lieutenant 3,..tietiottil.,
written the letter to him, from which it apPear,'", to
opinion of several friends was taken, who auto jjetit
agreed that either an apology must be give 9,011
Munro, or he must demand satisfaction; t'"d
Munro most deeply deplored the being obligti,t
out; that he did all in his power to prevent it, L'coloti.
he was told by his second that Lieutella,°,.tne- of,,i/o°
Fawcett was so obstinate that there was no 111.,7;. the
coming to a friendly understanding. )oclifferedo
letter placed the whole affair in a Ver,Y,
light to what it had hitherto been. Now, w°B;, lorti
state of the case ? Why Lieut.-Col. Fawcett
co0!r
was deprived of the pension that would have,e,
her if her husband had fallen in any other eaore 40
Right Hon. Gentleman had stated that there were
friu
cial circumstances in the case that precluded P.OO, o)
recommending the Crown to grant the Reittit, tbetio
(Mr. Duncombe) could easily understand .faig ty
might be such special circumstances not what gas hod
Government to grant the pension. Now, wlie' bad
Government simian the
case of Mr. Munro ? The Right Hon. Geri graat
to
stated that he should have no objection to r'g•
production of the documents asked for. Kean the ot
combe) would like to add to them copies of tieate.Al',43,
respondence that had taken place between. *--oers'
Munro and the Horse Guards as to his being se' and
He purchased his commission: that was lostiA to 0
pay from the Ist of July last, though he belo a
army up to the end of February in the present aV
stopped.
he twee
Sir HENRY HARDINGE—Of course ;
.4 oo
sent without leave.
Mr. DUNCOMBE—True ; but then thery ois i'‘,
the part of the Horse Guards a tacit acquiescenet. bin he
absence. But what was the situation ofq-iieuceice`lio
now ? From the touching letter he had reties 1?il
found that he was in the most unhappy guearl'
ej
state
could be in, and he (Mr. Duncombe) PettO
that blame did not attach to him, for il°,o
of fact the duel was forced upon hira'wta
a victim to the horrid and barbarous sYs'ior.
was allowed to prevail in this e0tl,;;c0/
parties who were really to blame was tY
officer—(Loud cheers)—and those other , 0
(Cheers)—who told Lieutenant Munro Oa" his 'dei
hazard of his life, he must stand by not oalleYoati,ll-0
honour, but the honour of his corps.'il Ifr°1)0
cheers.) If he had not fought, it was very 'vie t:
that he would have been dismissed and scouted 00°,30
corps.—(Cheers.) Were Lieutenant Mulula:lone
throw himself on the laws of the country, he ',O tb;i° s ;
S°' probably be transported.—(Hear, hear.) ro`l,oll
side, having fought, he was liable to transro.
and on the other, if he had not fought, he frof g'
been visited with an ignominious dismis,,su toe
corps.—(Loud cheers.) It did behove the Debobwis,
a step further than merely denouncing this poterielii
practice—it behoved it to declare that any „,°l3-ey
dulging in it should be held as, degraded._ -"_-nfseit
go through the farce—for farce it would be"„ al)(11;00
to those regulations which her Majesty cos' rie
issue ; but he felt very iure, that even wa'; 010;01,
ing duelling, there was hardly a Member at it d'ie
ment in the House who would not resort......o,stirthei
supposed an insult had been cast upon hira.,„not',ll
and Hear, hear.) But even as to those regn 1`.401';
must go a step further, by punishing half-Pe.' 'file
full-pay officers taking part in this practice; be topflf
ject was one of the most delicate that cool t' doetr
on in that House ; but whoever assisteded to to t
ie
with so horrible a practice would be entiti
spect and the gratitude of the country.--; ht enron
spect
Sir CHARLES NAPIER said the lithere, char
Gallant Officer (Sir H. Hardinge) sa' dee'
special reasons in the circumstances of thl-son ooti„
precluded the Government from givincf a Pef, acitt 10';
Fawcett; but he had not made thee'llou— r tinitifi°
with them. He wished him to state Whethethe 614 11'4
herself had or had not anything to de witbhe 104,e `1
this duel. He for one did not believe that s'"„rset',"
fully agreed in the heinousness of the.,ost 1,5e,.1f;
duelling; but this duel .he held to be the "" e%c ./P"
to
he knew of. There was nothing on earth to ab,
No brothers, or brothers-in-law, ought everot to tigisier,
would go further, and say, cousins ought 1' c his lecivio
(A laugh.) They might laugh, but that wai just'
He thought that the general officer was 11° , of °'toci
the advice which he had given ; and he atilelllo" ,°11;
that the seconds ought not to have suffe t, head
out. If the seconds had refused to 9,C, 5 11„ ber
answer for it that, when the circurnstareo vtee
fully explained, they would have founder to„ si"'"tv
eonds.—(Hear.) The seconds had be in Poito vle
acquitted, and had not been pullishi,e-eensifeillebr
and the Secretary-at-War, m refusing t'e es,P
widow of Col. Fawcett, had punished tile secre:;l!,'`,r
hweis ab
ofe
st
dhr the
spndaorbroughtforward
twhoe udl
would
ebl. e—c
effectual.
cahi
tneuearnlse..
w). ct et th Waga that
oe'riii3O
i;
re bete 01'`I
in the army or navy who was not aware i.sts,
certain persons who were practised duel 14 00,
were constantly practising with pistols, ii,nmistol 11,061/
shoot out the eye of a sparrow. Now ft.,601 ee,2 !to
a necessary weapon of defence; it wit Ads d'+,t
sionally in the navy, and in the armY "f no Wei ak'ose
by a portion of the cavalry, and it was 0 f greens woo
either of the services. It would be
t°
„revel. to.,e
tage if some regulation were adopted t° reitheood Foo
professed pistol-shooters from belongTgrther' and 01
army or the navy. They should go 'lkea ro4o
Hfououghset,
duels
sawor
vent duelling in civil life; but if he lo°ffice, ,wnglit,Le
mseann
(Cheer t $
The first Minister of the Crown had dneetioo itpt sestbe
ter.) But he should like to see a reguleatiel 1:1,4 04
by which any person who had fough,t_to, st,erieo,ers
challenge should be incapacitate
``,ll'
tychirlesonngsesh. igh °5
as 'll/V)rce4
Crown either as minister or law-otneeregniattotalcie
laughter.) He knew that if such a ()sit e-13 :JO
passed it would thin the benches °PP, oahOt
ter)—and perhaps there were leanilehle tif 'the
of the House who would be i,ll Tried of 0,
their seats there.—(A laugh.) 11,e,, 1,1`,,1 depaso4
rule were adopted, the country woolNjogllcrof
services of the Duke of Wellington--k.'. doe
mander-in-Chief—(Renewed laughter);aoo
other eminent men. The best way to raw thst,stol 'Ol
would be to legalise it—to pass 9' , t one rely° 00
should be fought across a table—toil theiler,
should be loaded, and that the survhoedl the 0,1ter.),,,
be hanged. If they shot one and (Listigfe frered
effectual stop would be put to duelling.
%co 01010
Colonel WOOD denied that duelling
_A 100_1,0.4,.
• duelling
bur' r"i
lent in the army than in civil life.
occurre 41;
duels in cases `which, had they redeere,
could not have been prevented. his 116°'
in which officers had been called together aduie
Lord PALMERSTON said, that as i.daelill!ect.
introduced in reference to the subject of
eohj 0i
case alluded to he had forgotten, but froliiffered P., °lv be
it incumbent on him to say a few words 011_,tx1what,...10,,tile?,
stated of it, the circumstances entirely ,ued to, irease rei
of the present case. In the case slim-, esest
the P' coo botr
lost his life by his own hand. In Ile to to'
ot aP"oll5 ",`
therefore, that the same rule should nror the e ,el4lOO
had fallen by the hand of another. 018'
The pension was granted not so much 'as to the tro'pe
tion attached to the case of the wldow,
_colt): the fA
the deceased officer had rendered. The sfyotoil his !lob
officer had of a pension for his widow P_rederiqoll',o
cessity of sacrificing'a portion of his Plottbi lolloaff;et
and it was pro tanto recompense. He legit
in this case, disposed to come to adi fferenct bo has ,ilereto
the Government. The only circumstafeer'eportsle'ot It;
were from the newspapers; end frora t..,a., the thong if
would appear that colonel Fawcett 11e_e,
blame. 'viP challenge was not from n'ft deeave ,4
seconds were blameable in the next, 100,
they had exerted ordinary means, theY ":2et to ene,,e
With rebr abe p
vented the duel which ensued.
Articles of War, he thought if the 0 stros, t
ld one' ‘,.egt•
be e
forced they would have been sufficientis_vid po_ool.7it
agreed in the opinion that thP 9Vl3tsthe riet
pected to act differently fTon,t found °oo
and, as long as ow pixt.atice favour it
e army
could hardl/ be extinguished in th