The Statesman.
London, England, 1823-03-07 00:00:00

LONDON, FRIDAY, MARCH 7, 1823.

" The Cause for which HAMPDEN fell is the Field, and hTI)NEY died at the Scaffold !"

Elegant Furniture, Table-and Bed Linen, China and Cut
0111/111, Pier and Chimney Glasses, Two elegant Grecian
Eight-light and Six-light Lustros, with Icicle Drops,
and valuable Erects.

TO BK HOLD BY AUCTION,

By Mr. IiciDLIC,
At his Spacious Rooms, 2E, ilaccerplane, onWcussiwae,
March 12, commesclog ti 3 li for It preciaelYs
fiIHE gentuipe and modern FURNITURE, COw
prehenting Argent drawielt-reom furniture in mas-
sive drapery cur-sins, with Grecian couches and chairs es
suite, patent, card, loo; aril breakfast tables of beautiful
rosewood, on slaw frarnea,large Brussels carpets, ebbiney
gi and mirrors, elegaut beds, with suitable Bedding,
!also •lsree French betistaed, purehased at the late Duke of
Kent's pale, well made cabinet articles in winged wardrobes,
commode chest of drawers, dressing-tables, patent fluting
tables, pedestal sideboards, parlour chairs in leather and
satin hair seats, hill chairs, stair carpets, painted floor-
cloths, bronzed register sheen, fenders, fire Irons, kitchen
ranee, kitchen requisites,..e.
To be viewed the day preceding and morning °reale; ca-
talogues may be bad et the rooms.

4 .-r
VitireßfAl: PARLIAIIIENT.

HOUSE OF LORDS.—TtacrtsnAr, MARCH 7.

Lord FITZROY SOMERSET brought up from the I j
Commons the temporary Marriage Act Bill, which had ,
not the concurrence of the Lowry House.
The Bills Which had been read a second time on the
preceding day mere committed.
AFFAIRS OF IRRLAND.
The Earl of DARNLEY called the attention of the
House to certain measures that were now intended to be
adopted respecting the Affitirs of Ireland ; and he wished
to ask t'he Noble East at the head of his Majesty's Ho-
vernmerst whether it was his in'ention to lay on the table
of that House the various documents respecting the
meestires that were in contemplation. Ile did not know
tthether it was or was not irregular to allude to what was
I assiot in the other House of Perlin's. nt, but he was
Ana ms•to know whether it was the intention of
tern to lay -before tie House those documents %%loch wire
already in possession of the other House of Parliament.
Ile feared, however, that there was a disposition on the
part of Ministers to withhold from their Lordships a
knowledge of what was intended to be proposed to the
other House of Parliament; and he ass sorry to ray that
the knowledge of such things did not in general come be.
fore them until near the end of the Session, when it was
isepossible for their Lordships to pay proper attention to
them- lie hoped, however, that is the present instance,
every necessary information as to the measures intended
-to be taken respecting ^lreland would be laid on the table
of that Hoose, and that Ministeis would consider it as
_necessary tit do so, as it was to coeutunicate the same to
the other }tense of Parliament.
The Earl of LIVERPOOL said that no documents had
ever been presented .to the oilier House of Parliament
which were not also laid before their Lordships ; nor
was there ever any disposition on the part of Ministers to
treat that House nish indifference. Every Legislative
measure must otirtinate in one House or the other, and
the information must first be given where the measure
' originated. He was aware that some information
leen laid on the table of the tgher, House regarding Ire
land, and he Arad no hesitation to say that the same
should be laid before their Lordships.

MISPAGII FROM TIIK KING.
The Earl of LIVERPOOL presented a Message from
his Majesty. staling, that as doubts hail arisen as to the
right of disposing of certain freehold and eopyhold pro-
perty belonging, to the Crown, his Majesty recommended
to the House to take the subject into consideration, and
make such provisions as circumstances might require.
The Message was ordered to be taken into considera-
tion to-morrow. (this day,,)—Adjourned.

PRICE SEVEN PENCE.

the drumliead. The only difference it should be oh-
served between th v mole, and the ordinary Court Mar-
tial was, that the evidence is not written down, but the
menshera oftlw Court were equally on their oaths. and
her
riaoner hid, iu every respect, the same essential justice.
Poi: that charge, however, the Court sentenced Colonel
Allen to he placed twelve months lower in the list of
Colonels, asd that he should be reprimanded in any way
his Majesty thought fit. The Prince ltegeat was pleased
to confirm that sentence. But not a.t.sfied with the
severity of the sentence, the Prince Regent. further add-
ed, that•it would not be consistent with the hon-
ourable character of the service to- continue Colonel
Allen in the command of ' his regiment. It was
ordered else, that on these grounds. dblonel Allen's con-
tiuuatice ,in the 85th regiment was. ineinisistent with the
welfare of that corps, anti he was dismissed, with the op-
tion of retiring on half-pay, or withdcawing altogether-from
the service,' by one sale of his commission. The increasing
the severity of the sectenre of a Court Martial, he (Colo-
nel Davies) contended was an illegal act, and whoever
advised ttli Cron • . to do so, advised an act which no law,
either civil or military, could justify. Colonel Ailed re-
ferred going es itelt-pay to retirlag altogether ; but the dif-
ferente which Is always given on such an eichsoge, he
was not pertnitted to receive. The usual difference on Ow
ex disoge of a Colonel was WOOL and that sum he was not
allowed to take. Thus was a pecuniary tine imposed up-
on him. He had no hesitation in stating that the Crown
had go more right to increase the severity of the sentence
of a Court Martial than that of any Civil Cour.. All the
writers on military law bore him out in that assertion.—lt
was laid down in the hocks of Lady and Tytier (the former
a man not likely to unite against the Crown), that the
King could no more interfere with the proceeding's of a
Court Martial, than with those of any other Court of Jvc—
rice. Nor could he alter its sentence in any particular, un-
less when the prerogative of mercy was exercised. It
might certainly, as it disapproved of the sentence, order
the Court to sit again, but further than that, it had no more
power to alter its sentence than that of • Civil Court on
the verdict of a Jury. Tilers were other authorities which
he could refer to, and in oarticelirr to one which was near-
ly a parallel ease. A ga.lant Admiral, who was a Member
of that house, was punished with greater severity than the
sentence of the Court decreed. He immediately appealed
to the twelve Judges, who were of opinion that the increasol
of punishmeio was not legal, end the gallant. Admiral has
been, in consequence. since restored. The case of Colonel
Aden was exactly similar, and he asked the house if he
was not punished with a severity beyond the decision of the
Court. Colonel Alien then sent a netition to his Majesty's
Council, which was referred to the War-office, and from
that day to this, he never hear.; more of it. He therefore
came to the house with strong grounds fit- an appeal to its
justic-. and es the last resource in his power against op-
p 'on. It was not a fair exercise of their authority on
the par; of the Ministers of the Crown, to advise an in-
creased severity of the sentence of a'Court Mart al, as the
Court itself was commsed of men of honour and compe-
tency, well acqesinted with the nature of the case. Their
decision should not be disturbed, and the Crown could not
he said to act with justice, when they, perhaps on partial
information, increased, in taking the ease from their hands,
the severity of their sentence. lie would conclude by mov-
ing that the petition be brought up.
On the petition bring read,
Lord PALMERSTON rose, net for the purpose of op-
posing the reception of the petition. but to state to the
House the•reasons by which he sought to induce them, not
to taarkany,further notice of it. lie tirA objected, on goe
neral principleh,te fey inter fereaeron the pert et the Hemel
with the power of the Crown to remove Military Officers at
its pleasure. There was no privilege more necessary to
maintain without interference, or one more consistent with
the ends of justice, than that power by which the Cronin
could dismiss Military Officers with or with -ut Court Mar-
tial, or without entering into an explanation of its reasons
for so doing. It was an exercise of authority, ii t only cal-
culated to mairdain the disc:ollie of the Army, but to secure
the liberties of the people. This officer had been tried uponl
three differeut charges awl tound guilty upon then. All. Tam
finding was certainly quailied in two of them, but upon
the third, the Court pronounced him positively g Atty. Upon
the first charge. Colonel Allen was found guilty of a mis-
conception of orders; upon the second of an erroneous idea
of his duty ; but upon the third, they found him positively
guilty. This last was for disobedience of orders, in quar-
tering more troops in certain barracks, than there was se-
coinmodation for. Surely this was an offence which de-
served punishment. But he (Lord P.) was not a little mar-
-1 prised at the length to which that Gentleman on the other
side seemed disposed to question the King's prerogative
with regard to the officers of the ar sy. At one time it was
said that the King could not take away any officer's commis-
sion without bringing him before a Court Martial ; and,
again. that an officer should not be tried except upon charges
which he himself had son4lit a trial upon. It was in this
spirit that the Gallant Officer opposite complaihed, that Col.
Allen had been brought to trial upon three charges, whilst
he calculated being tried only upon one.
Colonel DAVIES here said the Noble Lord had misre-
presented him. The complaint which Col. Allen principally
made was, that the sentence of the Court Martial had bees
altered, by an addition of punishment.
Loci PALMERSTON continued to say, that the gra-
y-mien of the charge against Colonel Allen WAS the too
great severity with which he conducted himself as Colo-I
nel of the 55th regt. General Bayley, observing how I
frequently punishments were indicted in this regt. mode'
an order, that there should be returned to him next day,
a minute report of all punishments which had been award-
ed the preceding one. Before this order, there had h•en
no fetter than seventy nine men flogged in a very short
space of time. Returns were mate in pursuance of the
order for some timefas General Bayley believed correctly,
but on going to the Regimental Hospital on the 12th of
April, he was surprised to find there two men who were 1
' still suffering from recent punishment. The names of
these men hail not been inserted in the Keret. General'
Bayley immediately set an inquiry on toot, and it ap-
peared that from Jan. to April, 15 men had been punish-
ed, who had received 1,7511 lashes. This was one of the,
charges brought against him, and the Court found him
gully of a mtsgoneeption of orders. But whether he mis-
coucetved or disobeyed his orders, be was equally unfit
robe at the head of a regiment. The next charge ims for
bringing seen men to drum-head Courts Martial. These
Courts Martial happ. a. d whilst General Bayley was ab-
sent for a fortnight from the is'and. A drum-head Court
Martial was a very arbitrary procredinz, inasmuch as die
prisooer was deprived of means of defence, which under
other Circumstances he might avail himself of. It was
never resortt d to hut in cases of mutiny, or summary
emergency, when a summary punishment was reirared.
But the regiment at this time ass in he use quarters, and
there was no' emergency to require any summary punish-
ment. It was clear too that th're was no pressing ca.'
gent-v on the trial, for some of die offences were com-
mitted on the 21st, which were n-it tried till the 2.lth, and
sentence was not given till the 2lth. And further, tao
of the men had been sent in front out quarters to be tried
by regular Courts Martial. The Noble Lord said, he
would sow ca'l the a'tention of the house to the cars of
the men tried, and they Might judge whether the severity
Mod towards them was anetified• by sound discretion.—
The'fir.g easewas that of private John Calenter, who was
its sr.ralrlierlik.! conduct, in putting blank
ctahbaniii4rnrguwiecinlitialsiti,nnithevie breast of
takenhii jacket on
writing;o np aorradaeo.y
tymeee
I, iven him to prepare his defence, he was oestrsesi to re-
LIM.* lashes, The next .was private William Kings.'
ws, for disobediesee of s regisseotal order, dated shell

of March, 18174 No. S. This order related to a particular
mode of shouldering the musket'on parade, the man was
found guilty and received twentrfive
hear.) The next was private James Stenton, for being
intoxicated on the field of exercise: If there was one
crime less than another which called fur a drum-headConrt
Martial, it was that of drunkenness ; because if the delin-
quent was tr;ed summarily, he was taken at d moment
when 1w was totally unable to defend himself. The man
thus tried by this summary process was found g?ilty,
and sentenced to fifty lashes. Another man tried in tins
same way, for a similar offence, received 100. The last
was the case of private James Sutton, who was charged.
with unsoldierlike enndnet in levelling Ws piece oispa-
rade. The house might expect that this was a charge,
of levelling his piece charged with ball at his superior
officer, hut on the contraty, it only applied to his level-
ling it in the air, and not measuring the angle which his
arm should have made to his head with mathematical
exactness.—(Heat, hear.) Upon this charge then of
ant.ie severity, which was likely is produce the worst
effects upon the discipline of the regiment. it was that
Colonel Atka was found guilty. And after a conviction
of such treatment towards his men, could Colonel Allen
come to this house and complain of any hardships t,.
which he had been exposed? Quit tulerit Graceless, de
',editions querentes ?—(Hear, hear.) Even in the way
in which Colonel Allen was tret.ted. there was no grounl
for complaint. Notwithstanding his being convicted
upon these charges, he was allowed to retire upon half-
pay, on the same terms as meb against whom no im-
putation could bebrought. He had the option of doing
this, or selling out Lis commission, although he had re-
. ceived al his promotion from the-King. Under all these
circumstances, he thought Colonel Allen had no reason
to Complain of the manner in which he had been treated.
—(Hear, hear.)
Sir ISAAC COFFIN said that ibis unfortunate case
having been alluded to, he had only to say. that complete
justice had been done him. and that he had no reason to
complain. -
Sir ROBF:11T WILSON a ished to knOw whether in
the charges brought against Colonel Allen, there was
any imputation cast upon the other officers of the regi-
ment. •
Lord PA LM r,RSTON said he hachio other sources of
information but the documents he had just read, and
there was in them no allusion to the subject.
Sir ROBERT WILSON said he merely asked the
question to know whether any disapprobation of these
frequent floggings was expressed at head-quarters. The
gni% est abuse hal psevatled in the administering of
corporal punishments in the army, and it was to he re-
gretted that though the Commander-in-Chief was known
to be unfriendly to them, they were still continued.
A conversation then took place between Mr. Bennet,
Mr. Hume, Lora Palmerston, Sir Joseph Yorke, and Mr.
Wynn, the petition was laid upon the table and ordered
to be painted.

COMMUTATION OP TITRES IN IRELAND.
Mr. GOULBURN said, it would be in the recollection
of the home, that upon several oec tsions during last
Session, lie was pressed by Gentlemen on both stiles to
state what the opinions of Goverment were upon the
question of a goinmntation. of Gibes in Ireland. To
these appeals he replieskisy %tying afalrflhg bop* that
early this Session,lo; stool in a cOodition suggbst
sonic plan of counnutation, Or state why the adoption of •
such a plan rens impracticable. It was in the view of
redeeming this pledg-, 'hat he now offered himself to the
notice of the house, at•knowledgiug at the same time the
difficulty of the task which he had undertaken. It was
impossible for him to look at the complexity of interests .
mixed up with the questiogof tithes, and bite nearly it
was conpeeted with all the interests of the country, and
not be prepared to expect that any measure which he pro-
posed should not receive general approbation. But •
though his suggestions should cause disappointment in
some minds, and lead to misapprehension in others, yet ••
he was satisfied that some measure was expedient now.
and lie hoped, therefore, that the. hpuse would receive
favourably a proposition which so many parties desired, •
—(hear.) If he thonght that tie expediency or netts-
tiity of souse measure of commutation was not called for
at this particular time, he should use some general argu-
ments in support of it; bat if he interpreted the feel
legs of many 'numbers of the house rightly, he was in- •
diced to think it stolid be more agreeable to them, if he.
confined hintself to a simple statement of his Bill, so as
to have it primed and circulated throughout that cow.-
try, for the benefit of which it was intended, and in
postpone all other topics until the Bill came to lie.
more fully considered. —(lean) Ile should, therefor-. .
now at once proceed to his p'an; the outline of•
which use this ; —the measure consisted of two, hills, of ••
whieli one was for a temporary composition, and the
other for a permanent intimidation of tithes. Passing •
by all general observations, he would proceed to state,
that the first Bill, which was for a limited time, was
founded upon thefollowing principle—namely, a voluntary
agreement between the owners of Tithes in Irelauci,
and those by whom they are paid. This was to be ef-
fected by a mode, the details of which, though compli-
rated, he should state to the house. In Ireland, one •
great obstacle to an arrangement arose from the difficul- •.
ties of finding fit persons amongst the loner orders to fill '
places with the same responsibility as they were filled in
this country. It was proposed that the Lord Lieute-
nant of Ireland, upon the Requisition of the incumbent
of a parish, or of a particular number of persons pay-
big tithes in that parish. should have the power of
calling together an assembly, similar to a Special Vestry
in the parish. It would strike every gentleman, that
the whole justice of Vie measure depended upon the man-
ner in which this Special Vestry was elected. The in-
I trillion was, that they should he chosen from the class
of perscris paying tithes in the parish, but as it would be
most inconvenient that the whole body should be pre-
sent, selections, governed by qualifications of property,
' would, of coarse, be made. Sy restrictions of this ilea
Lure,
ture, lie expected a holy would be assembled which.
from its character, could be the best calculated to deli-
Iterate upon the matters coming before them, and which
would not be attended by the inconieniecres of public
asset:o,l4e. He took cant in thia Bill, that those who,
formed this body slit) 1.•1 be the representatives of the pas
fish. He proposed :Ind this body should have the pow-
er of electing a Commissioner, properly qualified, tee I
negotiate for the composition of tithes of their parishes /-
respectively. It was then proposed that the incumbent
should have the power of appototing another Commissi-
oner. But as cases would arise in which a variety of per- .
sons would have an lowest in the tithes, it was proposed
to give the Vestry a power of controlling the appoiat-
mem of a Commissioner on the pert of the incnionent, •
The Bill therefore cave a power. to the Vestry of nega-
tiving the appointment by the incumbent, on proper
cave being shown. The Bill took into contstoplainen. •
the three following alternatives :—Either that the Cler-
gy and the parish, content with• the existing irate of
things, were anwillng to permit any change—or that •
the Clergy and the parish desired a change—or that
oil y Oft ofalloserrdeadesirad a chimp. Ix the first •
case the Bill was mit Worded to "operate. It was reason- '

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