Star.
London, England, 1811-07-19 00:00:00

ralty, and in the event of their having been neglected,
then to have brought them before Parliament. In
the present instance it appeared that the Officer had
been tried by a competent tribunal, and although
acquitted of murder, convicted of cruelty, and that
the severest sentence which the Court could inflict for
the offence, had been passed upon him. Even on
the supposition that the Court Martial had been in
error, yet this man, having been acquitted of a ca-
pital charge, ought not to be capitally questioned
again. In his opinion, no grounds had been laid for
the production of the minutes of evidence.
General TARLETON regretted that his Honour-
able and Learned Friend had brought forward the
present subject. The principal part of his Honour-
able Friend's statements had been most fully answered.
Adverting to the question of military punishments,
he (General T.) while he acknowledged that those
were the best regiments in which flogging was not
resorted to, was obliged conscientiously to say, what-
ever odium might follow the declaration, that in his
opinion, it would be impossible wholly to abolish the
practice of flogging in the Army.
Mr. P. MOORE supported the motion, and trusted
that at least the discussion would have as good an ef-
fect on the regulations respecting the discipline of the
Navy, as the discussion brought forward by an Ho-
nourable Baronet near him had had on the regulations
respecting the discipline of the Army.
Mr. CROKER was surprised that the Honourable
and Learned Gentleman should suppose that any per-
sons who gave information of abuses to the Board of
Admiralty, would expose themselves to its displea-
sure. He could assure the Hon. and Learned Gen-
tleman that the Board of Admiralty was fully dis-
posed to listen to all complaints brought before it,
snd had within his knowledge thanked several indi-
viduals by whom those oomplaints had been pre-I
(erred. As to the anonymous cases which had been
mentioned, if the Hon. Gentleman chose to keep the
names of his informant, and of the persons accused,
secret, yet if he would only state the name of the ship
from which the man jumped overboard, the Admi-
ralty would institute a minute inquiry into the circum-
stances of the case. For a long series of years no ac-
cusation, not even an anonymous one, had been passed
over by the Admiralty without investigation. As to
the old practice of sending convicts on board men of
war, the Admiralty had for several years opposed it
with the utmost determination.

Mr. BROUGHAM, in reply, declared that he had
not heard a single argument against the production
of the Minutes of Evidence. There were two parties
whom their production might affect—not the Officer,
for he agreed entirely with his Right Hon. and
Learned Friend, that it would be impossible again to
try him—but the Court Martial, and the Admiralty,
by whom the trial by Court Martial was ordered.
Lord WALPOLE in explanation of his former
statement observed, that the trial had been ordered
by the Admiral on the station, not by the Admiralty.
Mr. BROUGHAM resumed, and comer, -_J, that
the individual in question ought to have been tried,
not by a Court Martial, but by the Admiralty's Juris-
diction. If there was one species of jurisdiction, to
the proceedings of which greater publicity ought to
be given than to any other, it was that of Courts-
martial.' As to mentioning the names of those from
whom he received his information, he should be very

cautious on that head. He did not mean to say that
the Board of Admiralty would distinctly visit their
resentment on such individuals. They would not for
instance put them at the bottom of the list. They
would not set a Mack mark against them in the Ad-
miralty books, but they would set a black mark
against them in their own minds. They would be
biassed to their future prejudice. This he said with.
out reference to any particular set of men, for he
should have the same apprehension were his own po-
litical friends in office. He cordially closed, however,
with the proposition of the Honourable Secretary of
the Admiralty, to state to him the name of the ship
in which the transaction that he had described hap.
pened. He would obtain as soon as possible the name
of the man, and some approximation at least to the
date of the occurrence, for the purpose of communi-
cating the whole to the Honourable Gentleman.
The CHANCELLOR of the EXCHEQUER
observed, that the Hon. and Learned Gentleman
must entertain a strange notion of the effects of office,
if he conceived that against the name of a person who
gave information of a foul murder, Gentlemen in
office would set a black mark in their minds, and
that they would be indisposed from that period to •
do any thing kind or fair by such an individual. So
strongly was the Hon. and Learned Gentleman im-
pressed with this notion, that he thought even his
own friends, were they in power, would be influenced
by considerations of that nature. The observation
would be unfortunate for the Hon. and Learned Gen-
tleman, if at any future time he should himself get
into office, as it might be supposed to proceed from
a conviction of what would be his own feelings under
similar circumstances. It appeared to him (the
Chancellor of the Exchequer) that no grounds what-
ever had been laid for the production of the minutes
of evidence. The Hon. Gentleman complained of
the officer alluded to having been tried by a Court
Martial instead of an Admiralty Court. Now the
Act of Parliament expressly declares, that any one
accused of having committed a murder in the fleet,
should be tried by a Court Martial. The Honourable
Gentleman's observations, therefore, ought to be di-
rected against the Law, and not against this case,
which was in conformity to the Law. He lamented
that the Honourable and Learned Gentleman should
have stated so many anonymous instances of miscon-
duct. However delicate the subject, yet by not men-
tioning the names of the Officers accused, the charge
was, in fact, brought against the whole service. It
would be generally circulated, that but for the appre-
hension of a black mark in the minds of the Admi.
ralty, many persons would come forward to sustain
these complaints. Although he was sure that the
Hon, and Learned Gentleman did not mean it, yet
all this would do infinite mischief. Let the Hon.
Gentleman place himself in the situation of the Gal-
lant and Honourable Officers on the Western Station,
and then say how he should feel under that general
imputation which the pub Cation of charges not spe-
cifically made against an particular individual by
name, must necessarily occasion. He moved, as an
amendment the word " Minutes," for the purpose of
inserting the words" Charge and Sentence."
Mr. BROUGHAM explained, and stated the ex-
treme reluctance with which he had listened to the

linformatkin that had been given to him, until he be-
came satisfied of its authenticity.
Sir F. BURDETT, in support of the opinion of•
his Hon. and Learned Friend, that persons preferring
complaints were liable to the resentment of the higher
powers, called to the recollection of the House the
case of Admiral Montague, who, soon after he had
made a complaint to the Admiralty, was put on half-
pay.
Mr. R. WARD denied that the one was in conse-
quence of the other ; and observed that this was ano-
ther of those unfounded assertions which the Hon.
Baronetwas in the habit of making in greater num-
ber, though certainly without being aware of their
falsehood, than any man he had ever heard.
Sir FRANCIS BURDETT disclaimed any asser
Lion on the subject ; he had merely said that there
was a strange coincidence between the complaint and
'the dismissal.

Lord COCHRANE observed, that, in addition
to Admiral Montague's being put on half-pay, his
son had been denied the privileges of the School at
Portsmouth, until the subject was mentioned in the
House of Commons.
The ATTORNEY-GENERAL declared that
this latter circumstance arose out of the mis-statement
of Admiral Montague himself. As soon as the error
was discovered, his son's wrong•was redressed.
The Amendment was then carried without a divi-
sion, and the original motion, so amended, was
agreed to. Adjourned.

THE EVENING STAR..

LONDON.

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