The Statesman.
London, England, 1821-09-13 00:00:00

OF TILE SOCIETV.

427 3 I
0139 6 0

19156 9 I

• (Signed) JAMES GIRSON.
Chairman of the Fintinee Committer.
JOHN H. FREESK.
Hon. See. of the Finance Committee.

ON THE EMPLOYMENT OP THR MILITARY
Al:4l"M' THR PEOPLE.

['ROM THI ♦LFRED.)

Whilst the most enslaved and bigotted nations of
Earope are recovering the rights and privileges of
which their wicked governors had deprived them:
whilst know•letigeis extending its influence over society.
which is improving under its light—the substitution
of force for law, and the introduction of the govern-
went of the sword instead of justice, are openly ap-
.planded by the hireling, of the treasury, and by
the profligate advocates of absolute power. Now on all
occasions, upon the slightest pretence, military aid is
required. So prevalent is become this most disgrace-
ful and wicked cqstom, that the bare reading of the
Riot Act gives the sanction, one may presume, to as
many deaths as the magistrate chooses to commit. • So
little is this Act underst►od—so different was the de-
sign of its introduction from the motives that now in-
duce its application, that we shall offer some observa-
tions respecting it, and on the conduct of those who
have applied its power to wicked purposes. This Act
was intended only as a temporary measure ; the ex-
isting Oevernment was contending with a part of the
People. Power always finds pretensions fur increas-
ing its strength ; and the Whigs of that day conserved
to the adoption of a Bill, which struck at the Consti-
tution with more force than all its enemies. Bat this
very Act was proposed to enable the magistrate to seize
by force, and bring to trial, rioters or disturbers of the
peace, within the meaning of the law. It was not in-
tended to authorise the magistrate to direct so/diets to
fire on the People, becaese the innocent might be
killed with the guilty, anti the guilty punished before
trial, or, instead of a slight punishment commensurate
with the °fleece, they might receive a mortal wound.—
Lord Hathurtt (a very different ►O4ll from the race of
'the present day) boldly said, in debate-16 .fly Lords,
some of our civil magistrates, at least those of atf inte-
rior degree, begin to put too great 'confidence in
their having. military foice at their cowman-I, and
therefore make toy fire with the lower sort of people;

or, at least, do not take• proper measures for recon-
ciling• the people, in a good natured and peaceable
manner, to the laws of their country. A man who
has power ii fiat too seldom et the pains to use argu-
ment." Another Noble Lord contended, that it was
doubtful whether a magistrate was indemnified by the
Riot Acts if he took the short way of dispersing a
mob, by ordering his assistants to fire among them,
should he thereby kill any person who had cons.
witted no overt act of resistance. " I declare.
ape my honour, (said Mr. Pulteney) that of all
the actions which I ever did in my life, there is not
one 1 more sincerely and heartily repeat of, than my
voting fur the passing of the Riot Act. IT to A scars.
DAL THAT IT SHOVLD REMAIN IN. coDIR STATUTD DoODS.
While this reanai,:s a law, we cannot be calk' a free
people. A little justice of the peace, assisted, perhaps.
by a serjeant and a parcel of hirelings. may, almost at
any time, have the lives of twenty gentlemen of the
beet families of England is his power." "If regular
troops (said a Noble Lord) should once become necessa-
ry for executing the laws upon every occasion, it could
not then be said we were governed by the civil power,
but the military sword, which is a part of Government,
I am sure none of your Lordships would desire to see
established in this kingdom."
" Is it not a grievance," said Sir John Hinds Cot-
ton. " that a tool of the Minister should have it in
his power, by reading a Proclamation, to put, perhaps,
twenty or thirty of the best subjects in England to
death, WITHOL•T ANY TRIAL OR rORAII Of LAW t" Such
were the opinions of our honest ancestors, who were
too proud to be dependants on the caprice of power :
such were the notions of the wise and good of past
ages: such is the opinion at present of every lout of
his country and its Constitution. In what light did
our fathers view the Magistrate who murdered the
the people, under the shelter of this Act of Parliament ?
In 1738 the Under Sheriff of Dublin was found guilty
of nterder, for directing some musketeers to lire upon
a mob, by which they killed a man. He was obliged
to Ay from his country; he came to England—was
outlawed—end died for want, is a ditch it, the fields
of .ilary-le-bone ! In 1769, Mr. Gillam. a Magis-
trate, w.as tried fur his life. because death ensued in
consepsence of his orders to the military to Are, al-
though he was grossly insulted, and hail read the Pre.
derma ion twice. C'aptaiti Perim's was tried for //Mr.
der, tor ordering the soldiers to fire on .the multitude.
wit/suet the sanction of the Magistrate; he was co.t-
tided, and received sentence of deJth. In 1780 the
metropolis was in possession, for sete-41 days, of 4
misguided and 'mischievous mob. It exhibited a
dreadful scene of contagration and pillage. Com:t:.►-
tion, turbulence, and riot, superseded all order
and law, and yet the military were not command-
ed to fire on these p►oligate rioters, until the
King in Council gave the directions. But of late,
•i tees, occasion, the array is resorted to, and
trilling riots are put down by the sword. In former
days, a cowling army was considered •as a standing
nuisance; but now, so quiet are the fears of the 'fury
part of society, that a soldier is just as useful and as
prope.• a person to execute the laws as the Sheriff or
the constable. Our noble forefathers thought differ-
ently; and though the base and the degenerate, the
rile and the slavish, may despise their excellent u► v-
in's, the generous and the good will admire and r•t-
apect them. " I have heard it said, Sir," ohserv••d
Mr. Barclay, "that if we do not keep up a standing;
army, every thing must run into confusion. Sir, lain
one of those who think, that a standing army is ocur,e
than the worst confnzion ; and if order is to be pre-
eerred among us by a standing• army, I con:d
that things were to run into confusiox, because, out "f
confusion order usight arise."—" I have opportunities,"
said Sir John Barnard, of " knowing somewhat of
the country in general, and I can venture to say,
that a constable at the head of his posse, Incited
by a warrant from a Justice of Peace, wl►o is
beloved, can do more than a Colonel at the
head of Isis regiment."—" It is as impracticab!.•,"
said Mr. Pulteney, "to dragoon people into
morality as into religion ; nor can a standing army
make a free people quid subjects, any other way than
by making them HUMBLE SLAVES."—" The soldiers
must assist," said Lord Bathurst, "if they refuse—if
they disobey their orders, they are not to be tried
.by
their country—tl►ey are to be tried by martial law,
and their punishment, instead of fine and imprison-
ment, is immediate death; for this reason they will
always be, and always have been assisting in destroying
t..e liberties, and oppressing the people of every
Country. where their superiors thought fit to employ
them fur suet' WICKED PURPOARA."-- In a free coun-
try," said another Member of the Commons, " when
those in power make a weak or wicked use of their
power, or make any attempts upon the liberties of the
people, a party will certainly form itself against such a
Government, and such a party as cannot be withstood
but b}• the means of a numerous and mercenary army ;
but in that-ease, tie Goveraniest becomes the faction t
and as some, Sir, as Government degeneratesinto fa:t-
at/a, some outward forms may be preserved, bet the
Government, in substance, becomes from that nto•sseat
art.itrary." All freemen will behold a stan.iing
army with jealousy and alarm ; all Constitntional-
iats will regard the slightest infringement on the
liberties of the people, as Treason against the Nation.
Those who have read the Riot Act with attention, knoW,
that it dos not empower the magistrate to direct the
soldiers to• fire on the People, to quell a riot. It was
never intended to give such power. If the ,aagistrata
acts wrongly, i►e cannot, within its clauses, find i►is jus-
tification. ' • • •

Anther expedition to PainslrAng is said, is letters
from Batavia of the 14th of April; to• belie a itate. of
very forward preparation, ao-as to e'asigq it, in tar pro-
bability, to sail by the end of the tsonti. 11 is isiiktesd
that the Sultan still iqtaini hla ser4c4 ;hi EiFoihAa
eisgliiers whose taitiCS'areatildisii fuss' idirdean ob.".
ile t, the' buteh sq.aoron, on. a f?pier "Ca!i4sl4 and
that he was likidy to giietitedi sow airequally rude re-
ception, •