The Statesman.
London, England, 1815-03-01 00:00:00

die Militia were called out, the proclamation issued
for that purpose, stated the reasons which, by law,
(ight 10 he stated, for the embodying of that con-
stitutional farce. It was set forth in that Procla-
mation, that a seditious correspondence was carried
on between his Majesty's subjects and persons
abroad, 311(1 that acts of riot and insurrection had
followed. The Proclamation summoning Pasha-
meat to mert, in fourteen days, at that period,
ski in stated that acts of riot and insurrection had
taken place—and his Majesty, in his speech from the
throne, used the same words. This was the case in
17a:, although he had heard it asserted, that no sub-
stantial reason, under the Militia Act, called for the
embodying of that force at the time. With respect
to the period of the American war, the Militia were
not called out until 1778. That step was then re-
sorted to, in consequence of information given to
owe Court of the connection that had been formed
between France and America. Even then a special
Act of Parliament was passed for the purpose--
because', it was felt that the Act then in existence
did not meet the circumstances of the times
—although for three years this country had been
at ear with her rebellious subjects in America. He
then took a rapid review of the different contests
Which this country had been engaged since the
spit rears war—and argued, that, as the militia had
tot been called out, at periods when some apprehen-
sion of invasion might have been entertained, it
was preposterous to keep any part of it now em-
bodied, when we were at peace with all the world.—
if the necessity of keeping up a force on the Conti-
sent of Europe, were considered as a sufficient reason
far continuing the militia, he could see no limit by
which the keeping that force on foot could be
restricted. The opinion of the Law Officers was,
Nat so long as Mititters conceived it to be exile-
dient to keep up the militia, they might do so ' • but
they mi,ht be impeached, if they could not adduce
sufficient grounds for the proceeding. No doubt, if
they were impeached, the answer would be, " We
had the sanction of Parliament, who paid the militia,
for what we'have done."

The SOLICITOR-GENERAL again made use
of those arguments which he had adduced on a former
occasion, to show that, as the Act of Parliament was
silent as to the time at which the militia should be dis-
embodied. a discretion was •ested in his Majesty to
keep that force on foot, under the responsibility of
Ministers, which was subject to the controul of that
souse.

Lord MILTON declared that, although not in the
habit of mite.; compliment, he felt the sincerest re-
spect for the. legal opinion of the Learned Gentleman
who bpoke last, and was sure that it would always
be given with the most honourable motives. At the
Wee time he thought that it was hardly in human
'nature not to feel a strong bias in favour of an opi.
niou once deliberately pronounced. He could not
help thinking, however, from the manner in which
the question was put to the Learned Gentleman, that
it was the wish of Ministers to get an answer that
would suit their purposes. It was put quite in that
way that lawyers call a leading question. The goes.
tion was so framed, that it was almost impossible that
any other answer could be given to it. Any country
Gentlemen of plain sense, without any particular
knowledge oflaw, bed only to read the Act, and he
would immediately see that there was nothing impe-
rative in it as to the time of disbanding the militia,
[hear, hear! frointhe Ministerial benches]. This point
was so clear, that the opinions of the Learned Gen-
tlemen were only asked, foe the purpose of being
sent round the country to produce the effect which
Ministers wished. Although the letter of the law
might not have been violated, yet the spirit end in.
tention of the Militia laws had undoubtedly been
violated. The opinions of the Learned Gentleman
would certainly go to the extent of maintaining that the
Militia might legally be kept up in time of peace, as
long as the Crown thought proper. He would put
it to the understanclieg of any man in the House
whose mind was not sophisticated with legal quib-
bling, whether this was not the plain meaning that
their opinion would naturally convey. He did not
think his Hon. and ',partied Friend (Sir S. Romiily)
was liable to the charge of inconsistency, in saying,
that although it was illegal for Ministers to keep the
Militia embodied iu time of peace, it would be ille.
gal for the militia.nsen to refuse to march when com-
manded so to do. The disembodying must clearly
be the act of the Crown ; but while the Militia were
embodied, the privates must obey the commands of
their officers. If, in order to try the question, they
were to be guilty of disobedience of orders, they
would immediately subject themselves to a Court.
martial, and the danger of corporal punishment.—
It had been said that the Militia were called out in
1793, upon a flimsy pretence. An Act of Parlia.
moot,' however, then justified that measure, and no.
body complained of it. It was not the fact, how.
ever, that at present there were no complaints. Ile
bad received a letter from York, which stated the
strongest complaints from the North York regiment
of militia. Three hundred of the Derbyshire militia
had also sent up a very strong Memorial, and yet the
Hight Hon. Gent. (Mr. Bathurst) came before the
House with all the insolence of office, and stated
that there were no complaints. If there was a Mail
in the House who believed that the militiamen had not
expected to be released when peace should come, he
wished that man would stood fp in the House and
lisY so. Every body must feel that it was a viola.
Lion of the whole spirit of the Militia Lairs, to keep
them embodied in a time of peace, and when none of
the circumstances existed which justified their being
coiled out. If Government were now to break faith
with the militia, designing men might use it as an
argument to dissuade mqu from entering into that
ICI rice in another war. If Lord North thought pro-
Per to call out the militia during the American war,
Le had come down to the House, and stated in a fair
and manly way, that the reason of calling them out
was to enable our disposable force to be sent over to
America. He had thought it necessary to get an Act
of Parliament for the purpose. This conduct was
quite the reverse of what was pursued by Ministers
on the present occasion.
Mr. BATIIIJLtST and Lord MILTON severally
explained.

Colonel WOOD, after a few prefatory remarks,
"served, that, in the present state of Ireland, it
amid have been inhuman to have withdrawn the mi-
litia from it when there was not a regular disposable

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