The Statesman.
London, England, 1815-02-16 00:00:00

THE STATESMAN.

1NEMM...... in /NW.. ••• .
construction of the law, but which was a highly ju. I lion reerresk.from the gates of. Moscow to Or, gth ?Toe
•._.. g . 49 li,.
fed' •
Ilitilitre in's ir ents were s e in .goletryr ilk;
dicious measure. hi 1805 the Militia were kept of Pai;cngilityleit foi:!6llollreiii:tirdec(desh - tOili he atcithe7 insurrection dhappMited, • Tut
embodied, when the situation of affairs that had le- ! durinetvar, th :.danger of ifeasten hait'eensed: ' Bit to 'rise' a ..' •:. On • the 16th Govetosivebt were
quired their being called out no longer existed ; to ! whiaaff dinget'orjnieithir,,;scriiil 'tun!' pros&CtivF, krmed that' the insurrection had ceased. On ' the-lst
come still nearer, when the French army was totally i had decidedly ceased by the conclusion of peace, December Government issued a Proclamation, in
ruined on the Beresina, what danger of invasion any j was ietto be endured that they should be told that which they did not state the existence of insurreetiou,
longer existed ?--1101 then did the reasoning of the i theMiffetTo"tiesrtO" ti's' kept ealial&I" Midi:Wine girth-ire Oleo!' tainit. said sedition' hid le
Noble Earl apply 2—The' cause for calling out the !military service ?• The trerntleitt of', tht:_flebie ; shoWkittett id tall' of riot andinsurrection. Be-
Alilitia'had in . many of these instances altogether 1 'Viscount had no limit. Aicordiniti ttel•thelitli: fore they called out a man, Government welt knew .
teased, but yet Parliament' had by its votes sane. ! inkiii. he kefit'erilialiialairririfeTy dtitinglieice-st"; that- en insiiiiictien arieted. It would be saiel,
tinned their being embodied, thus showing ,their 1 the diacretion of the Clown. What then Were thee COVltiiii; thill'thiter wall then ate apOriihension of in-
cense of its necessity, under the circumstance of eack.4 milie4 upon tei'del' to-deadllelireeri a
.Giiiii-rinuetet . eiiiim; link be *Mild, travirse that fact. Was there,
case. Thus in the last war, subseqUentli,te the , actOrkititg to la*, pd'a Ohteriillietit
,acerirai - tai; Would silt; anyda'aget rieltriiiiiih', till- after the
Peace of Paris, the House of Commons,. liadivoted ; the discretion of the•Cteirsi
,Ttli'dateli'cifitrit. fhb' King of France was eleitliteil ;, and, , even till
0/
the pay and clothing of the Militia till' Chinitaiiii Nplile VlicOnnt did nOt•aPpl On'thai• at 11 the some niotigUielei that event ? The disturb-
crtiecialize
last, and the vote bad been introduced into the Ap-, , MIMIC were called oat lit c . of• the eked . awes at • were i mere pretence;, and
propriation Act, thus proving the construction which : denier of ilitieriAtiois), Vellite hey referree all of'. there wee' giieplitshositin of invasion tin after the
Parliament gave to the Militia Laws, as to the Mi- ; them tii'a•state of war;` but Hire it Wit deliberately': war with Trainee. And, indeed, Frarice'sreirribt Ip
litia remaining embodied when circumstances re- i contended thét the 'Militirniigte'ber k'iiit emtiodießi a situation either to invade-us, or threaten us with'
gaited it, although the causes of their being oriii. i cliiii4g* peace at the'disieeilbh• of tile' Crittett;-iisitiisliin, till Many months'' after the wit wee- cote-
natty celled out had altogether ceased. It was.only i AgalOi•Mllis Motistrohi doeicihe be and SOleintilf 1 isiesced, yet the then Ministry didright, in his bpi-
indeed in consequence of the Militia remaining em- ; pretested, en-nettle:o mile wallithatio• sitel:inteis- ; Ilea, to call' oat the Militia, and keep' that formil
bodied at that period, and being thus applicable to itietiikl*evei.iititlte CoeteiltplalldiikOr Pitilanientrembodied. Having once stated the cunditid* by
the domestic military service, that the army at Boor- : He diddel Mee! :to dolibt that Ministers would aid t which that force might be called out, as long as Air
deans could be allowed to embark to support the : the pOstell they' tied theta alisemed with moderatieti, ;,ecigencies of the State might render therlessessicitudf
cause of the country in another hemisphere. Against !and liettiAted they would dOso; but he tatist never.; thit firmof stren-gth' necessary to' them, so long the
this measure no one had attempted to raise his voiCe, i thdess.cxll in question thereiercise or such a power, I Ministers of the Crown were justified in continuing
and he was confident that any one who had done so the existence Of which he' altogether denied, and K. Were Ministers, till the American war was
would have been overwhelmed with public indignation. l insist, therefore,: suptiort the Motion of his Noble' closed by ratificition, justified in disembodying the'
'Thus, therefore, Parliament had recognized, in rep i Friend, who hid oiiy been prevented froM bringing ; Militia ? He should be sorry if any thing uttered in
posted instances, the expediency of keeping the Mr. !forlia'rd his niotron sooner by the' adpviiinnient of , the beat of debate, by sane of their Lordships; were
litia embodied, after all the causes for calling them 11 Parliament, which Ministers theristilirei halt pro; I attended with the effect of impressing on the minds
out had wholly ceased ; and it evidently had never ; posed. , - Of men, with swords in their binds, that there was•
been the intention of the Legislature to prescribe a I The
.411tD CIONCELEOIisdid riot with atty. no longer any obligation on them to continue their
period when the disembodying should take place.— ; shy stress alien: the Oplrileiiii 4.,titi Attbeiter:, ; lattices: and thit all punishment atempted to be
In the Local Militia Acts, it was expressly stated at ; Siiii4iter':Geneeal,biii Whiitiliailitfeaf Parlialelelt2l hiblcted on them was an aggresSion which they ertirif.
what period that force, when embodied, should be; after repeated revistons or the Midi .Adt.;•ll4l7st liberty to resist.
disembodied ; but although the Regular Militia esta. lansitiesl*,defining the'etreetnittineeitinaiquthidetliel Lord GitENTILLE rose' in explanation. Its the ,
Oakmont had been repeatedly before Parliament, : Militili should be callirfOtit, hill Wattled all' Mini. ._firse ;Agee, it never was his intention to create in
no provision whatever had been made as to the pe- ! tipti of any periont Which' they shOuld be diailea4.l sililairrill ot4 unjustifiable discontent in any part of
rod of its being disembodied when once called out. , bodied, he wattsitiely eittitleir(lookiiii at wail eisict:lisie Majesty's subjects, end least of all, of part of
lie was, therefore, justified in concluding, that Par-led and what was not snicked). jadiclily to argid it ski .the envied force of the country. He would
liameut had not thought it fit to legislate epees thiii was not the intention oh Parllanient to rfescribnaril poi it td his Noble and Learned Friend, with his
point, leaving it to the discretion of the Government , sPecilkc iihrtridee4hiet, the Willa shOuld he disein: feeling; his love of law, and of the liberty of the
to keep the Militia embodied so long as *cum., battled,. get leiviii it to thidiiicretiiiii and respond- Engilih subject,• sappoting him to entertain the same '
stances rendered it necessary ; Parliament Itself hat-ibility of Mieliters; iiitsiteried'a itSett the power of belief with' himself on this subject; if, after everyl
Ing the controal over the conduct, of the Govern! ; controlling those
.Acts *doffing td the circumstances public and private endeavour to remove this grievance'
ment, by holding the purse of the nation, and by lof each case. The Noble iiid darned Lord then without 'davits' hi would not have adopted the
the annual Mutiny. Bill. He admitted that it was ; referred to the miss' of thsl hatriectien• Mt- in 17112:- cowrie' which had been that' night followed 1 H.
burdensome to that part of the Militia kept ernbo-; It was edliyitte at' tilt thiii wbether diaries*** was we'd& Mk him what was the duty which they were
died, and he should be doinggreat injustice to. that' any idlitcreCtiqd ; tiet-thereeould be no Mite that' celled on to perform; entertainings as they did, di*
force if be did not acknowledge, in the highest at the
wag
Whetithe' resurrection Ark.,slie pisaidleplbitia that the continuing the Militia embodied wet
terms, their zeal and loyalty; but it would have . therWstat no rebelliOnii invasion, cli; faintinetitdigtbegal; and if there was any consideration ea flirter
been little flattering to them to have been dismissed get' of telielgen or invasion. The Gavernment hid Which' ought to induce them to sit silent, wises they
when the country so essentially required their. ser- . heard Of prietities'Whitili some day tic?other islifit.' saw the laws of the country grosslyvieslated? Let'
vices for domestic military purposes, in order to en- ripen iiitd rebellion• bit- there nefei'dii ail at thii Noble and Learned Lord believe that this stet
able the regular troops to support, the cause of the rebellion. It edilit'epon the same prindpli 111WStis directly contrary to law—that an armed force.
country against its enemies. Ile was, therefore, per- been contended that the Militia were entitled. Oahe eras continued in direct violation of the laws of the.
fectly satisfied as to the legality of keeping the Mi. to go htitie, as there was nut iriiiiirectioi or &SOT:: cottony, and that in other model of acting bad
litia embodied, and fully convinced of its expediency, of insurrection; and when tile/ were' *Veil' dritibtb:elh f.flid to effect the discontinuance of that f0r.,.,
under the circumstances which had existed. If, WhetiO there id ever been atiE inhaiiiiition. Hal lied& lin think that he discharged hie duty to hit,
however, the House thought with the Notile.Emil, did nd't Wish' to tie ontierstaissilsalitivinang_thit chi. 1„ gonekry, if he refrained front declaring this opinion
that.such practice was contrary to law, they would, 41140111'1.0e werriinted' id h ' ilk ale
.Milftiiri eisi-1 its his place in Parliament ? When he saw the laws
of course, decide in favour of the motion, whatever bodied, tinder eireueliteneardslien Parliament ehoulill *tested, as they were id this case, from their proper
might be the consequences. If, on the contrary, think there was ne l'enier en?. oimisien fee their re:, signiAtitiew, it was his <tiny to declare such cos:.
they thought that it was perfectly legal, and that ex- maining so embodied ; all he wish ell td iontind for i viction. If those persons who were reteinedi con.'
pedieney required, under the circumstances stated, its nista:lt theme at, ie. nothing its the AO' of PeOftidlNeiti trary, 99 he contended, to law, were to be infiu- 1
adoption, they would with him give the motion a de- • which uteri! farther than this': it Oftitakt eiti titillf: 'liked by opinion's delivered in that House, they
cided negative. I enlifencia iiideit Which tits Mc alai might eilt 60 afoul& probatty think that more weight was due to
Lord GRENVILLE said be had no hesitation to thit Militia&
,anildlieetal the atteative of Pailidalent; Use opinions of the Noble Lord on the Woolsack,
accept the alternative offered by the Noble Vi'scount, to the !MUM &rite° esstbOdied; 14 du the Millabil-ena his Noble and Learned Friend (Lord Ellen-
and to state that he felt it his duty to give the mo. being ciilled-Ou7,tiltiTtliiiitientien Of Pailhisient title.. Biliottli) over eitinst him, than to any thing which
lion of his Noble Friend his decided support, con- to their beliig. enill4o, thiAct viiiiiili left to'the; he cokild advance. The Noble and Learned Lords
Tinged as he was that the keeping the Militia em- crown a itseretiOniii pooleit to act OW reipiat to 1, boatel Ifni fitil mote stitiogly thin) he did the necessity
bodied, as stated by his Noble Friend, was wholly : Out fdititi,..titider the centred of Parlfetitint, Id .Or eeterdlibithin on the part of the Militia to the
contrary to law. They had been told by the Noble , liespink ft eitiOdie'd or in desernbeify frig it, as shia ; Goreildinent, and deferioee to the o'piniOns held 11'
Viscount of the opinion of the Crown Lawyers; but ; most for. the i'olit'init of the public, he Aid die. high iiiithoritiel in the hid, Which wet the only sari
was it to be endured that the law which was to bind Motion hi the sense in which it was Used' by Ore** tenni* for them to pursue. moth hit Noble and
the subjects of the country was to be taken from Linyesrs, not aqiiBi or !Lacy, but a sound alga je. /Arbil Friends, instead of meeting the question on
the ipse dixit of the Crown Lawyers, and this too : dicious discretion in the exercise if Alma poivient this' grounds Which he eipectedinstead of telling
upon a partial statement of the case referred to them? j which Were iesteri in die Crash' far he gilipral he.. deb Lerdstritis When the Prerogative fat Which they
It was formerly the practice of the Crown to take ; *eat and eatiedieney. On thane trenudi he'. op, ! Were ioniinding was created=-bad pot themselves en
extra-judicial opinions of Judges as to what was to posed the iddreis which itaid it? cisitrirt le ha - a level With the rest of their Lordships, jostifying
be considered as the construction of law ; and thns , what•PSrliaMint hid for half a eitistril sitictiorlid isi I tbilitfirei net by intharitY bat by exempt!. When
it was that it was promulgated to the country in the • eiseatitetietiat. . . I his gobli end Learned Fitted ever regai net him opal
case of ship-money, that the Crown might levy 1 The Martitifail BUCKINGHAM alai, ice nein i ill i filwiefhoilti, he Wei entitled tb P.O highest re..
money upon the subject without the consent of Par. , could ever persiilde bile to assent to the Viwipeilifon, ifiettt bit ifieti be whilled to' initroet MM that there
Bement. Now we were to be told, not from the: that it was: in [fie poier of Parliainitat to &Patti , wit mei danger Of itivistori at the period of the Irtser:
extra-judicial opinion of Judges, but from the ; with the Mil of Rights, which semitid to isa:thit , reithni Rit, hi had !elected the only greand *hero
extra-judicial opinions of the Crown Lawyers, that 1 there siteuittravetsibusdireLiany in ttnie-of in ;he bid ill oftintige over Mm. The Noble and
the Militia might be kept embodied in time of peace, ! this coats try. AcCordiagto the Noble and Lidrned !..Leireed Laid eel& ant know what he (Lord G.) '
or so long as the welfare of the Government and of Lord on the Wooliaia, when the Minds weritillted I then knew. He had been mistaken in both instances.'
his Majesty's dominions rendered it necessary. Was I out tinder the superintendence of ParlaMent, aided He hid esti that the Murder of the King of Francel
there ever such a dreadful doctrine held out to the Parliament thought proper to interfere,. the Militia! did not take plea; till two or three mpnths after the ,
public, that the military services of a numerous class might remain embodied it the pleasure of the CrOwir;•l ailing obt the billide ;. and that till lifter that event
of the people might be continued without limit, at though the circanistmices under. which they viers ithsii4iis tie danger of Neaten. Ols the 10th df
the discretion of the Crown ? But how wets i the case aped together had cedad to exist.l:7ol This was not i Rigiit, , file Filiiieh Kiii sits Conducted to
stated on which this opinion was given ? The Crown think under tile itithOrlfy a/ the statute lair of the ; the pitied *Mai hi 4041 fir his gilie. On the
Lawyers were asked if there was any provision in , land, fiat of irlaiikar Nintitifi, Might persuade Pei.' Mere fillet that atilt iiittiWcti'O'f the King depended
the Acts imperative upon the King to disembody the I liainent to kr-4!ii to. Bit &Aries'; iikh the authority the qUesdOn of peeciiir Arita ?ranee; and those
Militia? Ile had never heard in all his Parliamen- eir (hit doctrine; he wield idatitidi that ieeordink Miniiteh ill° a* the prilededitigedf the beginning •
tary life of any Act of Parliament being imperative; to the Statuie, by width alene Governaient were ad- iof Ail I,:iiiiit hire bail mireleis indeed of the
upon the King. The Constitution requiced.that they 1 thorised to till oet.in.d embody .the Militia, whets: Ogg daintier! 10-.lfielledinitilittettou, if they hid
ecishould be imperative upon the King's ()dicers, and the circumstances citified on *filch the ciftfrig.hdt of i tielifec ' to pi-6;de foi the swami teliieh welt plaice.
with them the respunsibility rested. The way of that force Wei nude to dr.pinkl„ that then they ought, ! Bit the ;sir might heitaid 'to hive kokimericed earlier,
putting the question ought to have been, whet weethe Waltont ?el.,iy; to
,iii! didnibodied. The period of, Mr a deuce Bias publielied proraisifig math/aria to
power vested in the Crown ? end this, he. contended, 1778,, al Oded to. by iiii rtaitiii Viscount (dintinth), 'this disaffected Iri every part of Europe; and thus the
was limited by the preambles to the Militia. Acts, was not in. Cidet i for theis We *ere On the eve of is !alarm Which existed in this country could net.he dlr.
which defined the circumstances under which the war with Franc* •• • • * i __. • 'connected wfth the di er of invasion. If fits .Ifebth
Militia should be called out. Liiiiiind that it. could Lord ELLEfftielovirt gad ft beitila:llll, Ted Learned Fait ' tit that (herd court be wk.
tint be extended by any construction of law, nor when he beard thii'ilk '.‘tiitarsaf,-Ohle- us' *lst
s. . r „.. in _netkon is lug place the next week,•
tit* of I' I • •
could the opinions of the Crown IA wyqrs render that body of rnt ?Ili-Went, Isiiiigind dim, Seitlitiiit hi- 'or month!, or even Aii.etext Six Montim• after the pa.
_ slut
law which was not so. He decidedly reprobeted, the. thority, de ;tail from lfineillia, *ids Nei& Its 'Rod in question, then he would observe, fhit the
practice of referring to the Crown Lawyers as tp their hands to eyengllieli lintry's wroags, to give 'jilting out the Militia could not he eiecutt'd within
what was to be considered law, which could alone his denial to such a d ii.inke;eus doctiine, and to rt•iiiie tile than two or three Months, and When this
he decided upon in the Courts after argunmet, and commend a clear and distinct rejection Willi Ad., AO tsilier; it brought together a body of men
upon solemn adjudication. They all remembered .dress. ily.law Abe Kil Frei emioneterid tk.drew ,fiyit ' y endisiptined. With regard to the year
(and here he did not mean to cast the slightest re-
.etet in pertain cases the intik; end if the little& i77i,. the case dl 'not apply. If the enemy's neiet
Ilection upon an individual now uo more) tiset,th.e silent ai to theeperied :vr en the Militia •• Alight lifenot been &reined in the Chinnel, the clirise-
- viz hr ' ‘e_r_---..e- ' .141.4/L ..f --- • - - •
becai

Noble Viscount, when formerly iu Administration,
held an opinion that those who had volunteered their
services for the defence of the country could got
withdraw themselves from that service during the
war, and this was supported by the opinion of the
Crown lawyers, and yet when that opinion came
to be decided upon in a Court of Law, it would not
bear a moment's argument, and was immediately
overturned. Such, he had no dpubt, would be the
fate of the opinion now given by the Crown. Lawyers
on the Militia Laws, if it were to come for adjedi.
cation in a Court of Justice. It was true that the

. L. , . ~,
._ .i-,Et...,,
,ft to Nei, Ayres, IS was ..use the IJr ee.7
~tero9ilig this 1,3! 95,.1.1*..11,,e,111, C: r.'iTit el, 601#*'
,ereiie with most regard tiajsplp!stestiel ,
lhi cosstry,
and. writ regard to. the, mesons .Sept. tit,iiiii ?I'l
pritattosi by remaining so embodied. When la lily
the 'Ong was empowered in ceciSip ' ies to Op out;
the Militia, and no time was iiii if .es. ioittrpo.;
ince of that force,:, how 4414
.bu Limited -lint .bil
te
a sound prudence in the exerciie,onds orlrOgiiiiti%l
The Noble and „Leased Lqrd thon Irt into in nio; ill
count of the rnsuroaction 40 it If The Inswil
rection wos,..lre tip, rAdjcalypte . sllO ,th ,
I-iiiitPePZ .4"rbod it 'r
' --
or

i
. .41 ~ . :-----.----- --- --,-,-: . , .
icOe *Odd have lea Ae re.iiiield bf this Country;
5 • , • imibibintil 'Moil's of Fianke 'find Spain elide
i **ironic' Vie 'Pau roliowink the dettitt for
1
"he vowed parjhhe acd oriel 'hie 'hipitiicht. Had
an le!i!iiioe then tibin ilea, k ',bold hit% ben
di:4litre I;;liitether the ill tia.iisdatiid hoe bikto 'Will
,CiOnt co priveat very Mk Oil '666600 to ' the '134-
'snakeitif tisk "cc4ii4. Probehly thr ell:* ltittio
. ~.
!?u.cirkiaiLtL'uitiOitt'oght ISrwittwas ko Vile.
. 'lle t‘li6Alustiley to osotiVe,
t,t - - .6-..' gii;rt.of hre lite ifiat.be looked Iliek
it ' • t , .', isititactron iiid itl)pl'iAAil lo tote arise
lte, tip. Vie ( 3,'ehieterit i "tai
/-
Oie ',..0t, 6herits,' V-
trned had •

practice regarding the Militia extended their services
during a war, ■nd nn one who hod at all observed
thy. uncertainty of military events—no one who bad
witnessed, in the course of a very short time, inva.

Noveipberl, "il)ifsdais 'Ai
the bells, set op , tree .y, and burnt aboutil
a hundred casks. Before the departure of the post'
which conveyed the intelligence of this Mir to Go. I

;oh.. .dietk, of my it
the -1 'of 1i ' Aeiht ' ,r'r7Vs.larYie
Noble and Leal _ Lord truly stated, that Mi.
sisters were then 110.0)03 strain every nerve to ob-

•