The Statesman.
London, England, 1815-06-16 00:00:00

MUTINY BILL.

The Report was brought up, nod several clauses
moved for by Lord PALMERSTON were agreed to.
An additional clause was objected to by Mr.
HORNER., as not making a proper distinction in
the case of forfeitures of arrears of ply by soldiers
for misconduct whet( taken prhoners. It likewise
threw too great a difficulty on the soldier, by call-
ing on him to prove that he way fairly captured,
and had conducted himself properly till he effected
his return.

Cold PALMERSTON did not ohject to the sug-
gestion.
Lord PROBY suggested a similar provision re-
specting Officers, which was opposed by
General GASCOIGNE as unnecessary, and con-
veying some suspicion on the mei itorious character of
British Officers.

Mr. MANNERS suT lON agreed with the idea
of Mr. Horner.

Colonel WOOD observed, that in Sir J. Moore's
retreat, and in the Duke of Wellington's from Bur-
g.,s, many soldiers were captured through their ex-
cesses and inebriety.
Mr. WHITBREAD thought great allowances
ought to be made for the soldiers in such cases.
—The case was different from that of deserters,
for whom there was a particular provision. The
stoppage of arrears was not always tight to men
who were placed by accident under suspicious cir-
cumstances.

Colo.tel WOOD wished not for severity, but for
a Niftier inrlur.•ment to the soldiers to avoid dangers
re•ul'init fro•n their o.ln improper conduct.

110ILNE1t's amendment to this clause was
•greni to.

Mr. BPNNETT spoke at considerable length in
rather a low tone of voice respecting Courts-Mir-
till. It was naturally to be espected that martial
law should he clearly and distinctly specified in all
its forms. "The Rules and Regulations" composed
a lar_te book, and there were also other books on
the suhj"ct. It would well become the Noble Lord
(Palmerston) and the Learned Gentleman (Mr. M.
Sutton) to employ their summer leisure in consider-
ing them, so that all might know and understand
the Mutiny Act as a general guide and rule. He
wished to propose a clause to explain and limit the
power of the Crown, in dismissing officers without a
Court-Martial. He then adverted to several cases
which he considered as showing the necessity of some
measure, particularly to one of the officers of the
Ssth regiment, who had lived together in harmony.
An officer had given Rt)001. for his company. Ile
had a quarrel %%NI the Major. The officers were
ordered to prosecute, and the clauses were prescrib-
ed. He also noticed the case of a Royal approval of
a Court•Martiel, when, by the evidence of Doctor
Willis, his Majesty was too much indisposed. He
dwelt at length be the case of a Lieut. Risdale, of
the IVexford Militia, who harl a quarrel with an-
other officer, ‘s hich came to blows, when the Com-
manding Officer entered, collared him, and put him
under arrest. For challenginz another officer he
was tried by a Court-Martial and found guilty. lie
was however, previously dismissed the service ;
while be was desirous of explaining and setting right
hislconduct. Ile then stated the case of a Captain
Tooten, who was dismissed the service, after having
failed in a prosecution before a Court-Martialagainst
a Captain Mac Arthur. Ile then read the lettet'of
a most respectable solicitor, employed by Captain
Tooten, who complained of the iile;ality of the pro-
ceedings of that Court-Martial, and stated that they
appeared to have a strong prejudice against Captain
Tooten. He then mentioned the case of a Lieut.
Blake, who had been tried for conduct certainly
very outrageous, but who had no sufficient notice of
the trial to prepare for his defence, or to call his wit-
nesses. The last case was that of Ensign Cowell,
who had been dismissed in consequence of the sen-
tence of a Court-Martial, for not having fought a
duel et Bourdesux with a person with whom he had
quarrelled at the Theatre. The more he considered
this case, the more he wondered at the conduct of
this Court-Martial •, and he wished to know of the!
Right lion. and Learned Gentleman, whether he
authorised or approved of the sentence ? After some
more observations, he concluded by moving his
clause, which went to limit the power of the Crown
to dismiss officers except upon the sentence of Courts-
Martial.

Sir F. FLOOD bore his testimony to the conduct
and character of Colonel Phayre. He had himself
attended the Court-Martial which Lieut. Risdale had
linstituted, and be never saw any proceedings con-
ducted more regularly.
Mr. MANNERS SUTTON hoped the House,
could not expect him to he prepared to go at length
into all the cases stated by the Hon. Geutleman,
some of which he had never heard of before. As for.
the first case, it had occurred many years before he
come into office, and he did not at all know the mi.
nutim of it. As to the case of Colonel Pnayre and
• Lieutenant Wartale, the Court-Martial had taken
place in Ireland, and the proceedings had never come.
, to his office. As to Captain *rooters's case, the as-
sertions in his memeriat had been flatly denied by
the Members of the Court-Martial. Lieut. Blake
had been guilty of great outrages at. Windsor, and
lafterwards sent in his resignation to the Horie
Guards. It was not then thought proper to accept
it, and he had been brought to trial at Harwich, and
found guilty. The Honourable Gentleman must have
been misinformed reapecting the notice of trial, as,
copies of the charges were invariably sent both to the
prosecutor and the prisoner, before the day of trial
was fixed. Ile next came to the case of Ensiga
Cowell, and it gave him great regret to find this case
so often alluded to. He was aware of the great dif-
ficulty cud delicacy of the case respecting fighting
duels, and was sensible of the inconsistencies in the
Articles of War upon that head. He, however, ap-
prehended, that greater evils would result from an
alteration of them. He believed the case of Ensign
Cowell was much misunderstood. lie believed the
facts of the case to be these:—Ensign Cowell got
into a personal quarrel at the theatre of Bowlines,
with a man that was pressing into the box in which
he sat. He then turned about to some officers near,
and asked what they advised hir6 to do. Their an.
swer was—" Take no notice of him, we suppose that
lie is stet a gentleman." Ensign Cowell, however,
shortly after asked the man whether he was a
awl) mai obtained his address ' Ensign Cowell Irt

some days elapse without taking any further notice,
and the gentleman (a Mr. Hurley) then began to look
for him. Ensign Cossetl then asked for an apology,
which was positively refused, and afterwards the
Iplavation came from Ensign Coed', who said that
Ito Lad not known him to be a gentleman. The
Or'Azers, upon hearing of this, refused to inv., with
him, and sent him a letter intimating to him that he
shobld resign. He actually did send in Isis resigns:
tin's, but afterwards retracted it, awl called for a
CJurt-Martial. As to the complaint of otficert
being dismissed in consequence of failing in theii
charger, it must he observed, that Courts-Martial
were always grrrited when one officer wished to bring
charges er,,.lest another. The freedom of granting
those tries could only be restrained by the
of (lie persons l:!ioging the cltarge. It was not fur
merely failing to prove charges that an officer %%is
dismissed, but for bringing forwlrd clorgps without
any reasonable foundation for them. As to discre-
tiornry power, it was always liable to abuse, vrher..
ever it was vested ; hut the advanoges to be derived
from the honest application of a discretionary power
were often found considerably to out eigh th.• evils
apprehended from its abuse. He thought thole was
no species of discretionary power wife, might niths
greater safety he left in the hands of the Crown....

Every act of it was done in th; face of d iy, and
open to observation.
Lord PALM ER'.i'cON bore tes'io.o ,y to flip seat
and exemplary cond..et of Sir H T.., ren .I,id fhe
had written a letter to Lieutenint It; d dew ng
no further correcpondooce mt thlt .uhj et, it was
very natural for a man who had such arcat basines
to attend to, to decline hear:og the SAM'. arguments
incessantly repeated on a surje:l that had been regu.
lady decided.
Mr. W. :411,11T11 argued at some length on the
case of Captain Orr, %a hose petilion had been pre.
sented at an early part of the evottiog.
Some farther conversation took place between Mr.
W. Smith, General Gitscoigoe, Mr. Wynne, and.
Mr. M. Sutton, after which the clause was negatived
without a division.

Mr. BENNETT then gave notice of a Bill for
neat Session, limiting the power of Courts-114AM
in the infliction of corporal punishment.
Mr. PEELE moved the second re►ding of the
Irish Master of the Rolls Bill.
Sir SAMUEL ROMILLY ohj'cted much to a
Bill of this 'description at this late period of the
Session. It had been too much the practice to intro.
duce such measures at a lgte period of the Session, or
at opportunities that precluded the possibility of a
close and proper investigation.
Mr. ABERCROMBIE said a few words, after
which the question was carried.
The other Orders of the Day were then disposed
of, and the House adjourned.