Star.
London, England, 1815-03-01 00:00:00

opening OtPa. As. yam; Wl* *it tte Witte
was called out in 1778, in dinsequence of France
fortdin.g a Connection with Our rebellious subjects
America, it *as not done without an 'Mt of Pattie- '
went. He certainly did not tee any chaise in the
.Acr dilecting any given time for disembodying the
Militita But did it follow there was not a limit to
the time when they were to disband the Militia ?
Surely, when the circumstances ceas d which audio.
rind the calling out of the Militia, their services for
that time should cease also. Could it be s:iid, that
when the danger of foreign invasion and of domestic
insurrection ceased, that the Militia should be kept
in force ? These were the only causes that authorised'
the calling out or keeping up the Militia, and when
they were gone, when was this power to cease ? If
this argument were to beheld, -it would be vesting a
discretionary and perpetual power in Ministers to
keep a force of 40,000 armed men on foot, which
Might be made very dangerous to the Constitution.
If Ministers were impeached fur keeping up this
force unconstitutionally, it seemed the answer would
be, that Parliament had voted pay and subsistence
.for the Militia for 62 days longer. But he maintained
=that it was the duty of Ministers to advise the Crown
to send back these men to their homes, and not to
keep up this unnecessary and unconstitutional force.
He thought it necessary on these grounds, to state
what was his real opinions. In the reigns of
Charles 11. and James 11. large forces weee kept up
by those Princes from their own means, without the
assistance of Parliament. Now, if his Majesty were
enabled so to maintain the Militia, Ministers might
then argue that there was no clause in the Act of
Parliament that could oblige his Majesty to disband
the Militia. He therefore considered the arguments
he had heard again* the motion of his Honourable
and Learned Friend with great jealousy.
The SOLICITOR-GENERAL said, that he
would not be a servant of any Government whatever
that would ask him for a legal opinion, and expect
from him one that be knew to be illegal. He knew
he had many erroneous opinions to answer for, but
he did not think a single dishonest one. On the sub.
ject under discussion Ministers asked them a question
of law, and not one of discretion or responsibility.—.
It Government could not legally keep up the Militia,
lie could not conceive but that any man in it would
be entitled to his habeas calm, in order. to obtain his
discharge ; nor could lie be bound in obedience to an
illegal restraint. In 1778 the Militia was not called
out on account tf the French war, but because his
M +jest y's subjects in America were in rebellion; and
in order to spare all the disposable farce for that coun-
try. He believed most unbiasseal) that his Majesty,
having called out the Militia for a legal cause, was
not bound by the Act of ?arliament at any specific
perini to disband them; subject always to the power
of Parliament and the Constitution over that and
every other prerogative of the Crown.
Lord MILTON maintained that the question had
been so framed its Lord Sidmouth's letter as to make
it impossible to give a different answer from that
which had been returned. The wprds of the Act,
and not its general scope and object, had been made
the subject of consideration. It had been said, that
if it was illegal to keep the Militia embodied, the
men had a tight to free themselves from the service.
Burhow was this to be done I They must first sub-
ject themselves to corporal punishment. They must
commit some act which would cause them to be tried
by a Couromartial that the legal point should be
settled; so that no militia-man could undertake to
obtain the redress to which it was said he would then
be entitled, without first presenting himst:lt in the
light. f a criminal. A Right Honourable Gentleman
(Mr. B. Bathurst) came down with the insolence of
a Minister, and toll- the House, that no corsylaint
had been made on the part of Militia men. This
was nut the tact : he had seen lettets full of such
complaints, and he knew that the Derbyshire Militia
had presented a strong remonstrance with 300 signa-
tures against being kept embodied 4 under the iron.
.hand of military law," that was their own expression.
It'aras too bad to insult the House by stating that
no complaints had been made. If; in case a new
European war should break out, Ministers wished
again to till the ranks of the Militia, let them now
keep their' faith .with the Militia, and not put it in the
power of the disaffected, those who were always ready

Spargere Toms is vulgum ambiguas,
to tell the mem, •, recti:lect, that language, and those
promises were holden out in 18OSand broken in 1814"
Mr. .B. BA►THURST explained. He had merely
raid, that the Militia in-general bad made do coat-
' pLiint. The House would judge whether he were
inure entitled to the epithet bestowed by the Noble
Lord upoishim than that Noble Lord himself ?
Lord MILTON explained.
Colonel WOOD stated, that the regiment of 01i-
litia to which he belonged had been much dissatisfied
at the idea of not being disbanded ; but that when they
were told there would be occasion for the continuance
of their services, every symptom of dissatisfaction
had disappeared. The argument with respect to the ,
disembodying of the militia would have been urged
with more force five or six years ago ; for when Bo-
naparte was losing his armies in Spain, whilst the
praams lay totting in his harbour, and he had not a
single vessel at sea, there certainly was no danger of
invas;on. Was Ireland now in a state to be left without
a military fora There was no police there, and it
would Have been Inhumanity in Ministers to have
withdrawn the Militia which maintained its peace.
A Noble Lord had said that the militia was suffered
to continue in time of peace; was this a time of peace
when the ratification of the Treaty with America
had not yet been received, and the Continent of Eu-
rope was not yet settled.? He wished, should a new
Act be produced on the subject, all the present grounds
for calling out the militia, should be left out ;—that
the right of doing it should remain at the discretion
of the Crown ; but that Ministers should come down
to Parliament, to explain the grounds on which they
should adopt the measure, that it might be confirmed
or withdrawn, according as its propiiety should be
made more or less apparent. This, he thought,'
would be a more constitutional course than the pre.
seat.—(A katfh-)
Lord STANLEY supported the motion. He
thought, that although no specific time was marked
for the disbanding of the militia, it was clearly 'M.

plied.
Sir FREDERIC FLOOD defended the 'state of
the Police in Ireland. There vete 68 resident Ma.
oistraLes in the comfy of Werkido who bad kept the