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many of them arrived there, yet it must be allowed that they rendered most essential service. In one of the most important expeditions which was undertaken last war, viz. the expedition to Holland, the greater part of the army was composed of volunteers from the militia; and though that expedition failed in part, from causes very different from those which had been stated, yet our troops conducted themselves in such a manner, that those who had upon that occasion to look them in the face, felt no great disposition to repeat the experiment.-Much of the Rt. Hon. Gent.'s argument went upon the sup-ing army, as he thought they were more position that the militia was preferred to the regular force-that was by no means the case. But when the immense possessions of this country were considered, the necessity of the militia for home defence would be obvious. He had the satisfaction of stating that the militia would soon appear to be in a state that would exceed the most sanguine expectations that could have been formed of it that the regular force was more numerous and in a better condition than it was in any part of the Rt. Hon. Gent.'s administration, and that there were more trocps now in Great Britain and Ireland than there were at any period of the last war. He trusted, therefore, that the country would not be disheartened at any observations which the Rt. Hon. Gent. had made, for it was now in a better state than when it had bid defance to all Europe. He wished that the Rt. Hon. Gent. had heard the sentiments of the Gent. from Ireland, who all concurred in the impossibility of raising the militia of that country by ballot. But at all events, he wished the Rt. Hon. Gent. to recollect, that if the militia of Ireland was not raised in the manner now proposed, it must be attempted to be raised by ballot, or by volunteers, and in that case a bounty of six pounds per man would he given, which would interfere much more with the recruiting service than the present plan. It was true that the present mode would, in some degree, interfere with the recruiting of the army, but certainly not materially, because the persons who entered into the militia were such as would not enter into the regular service. He was sure that the Rt. Hon. Gent. did not wish to dishearten the country, though his observations had that tendency. The Rt. Hon. Gent. had stated, that all the abilities of the country ought now to be brought into action. Undoubtedly every exertion was necessary; but at the same time much would depend upon the firmness and good sense of that House, and upon the prudence which Gentlemen used in the observations which they made in that House.

Sir WILLIAM PULTENEY said, he gave the Hon. Gent. every credit for the ability he possessed, in painting a bad side of the question in such colours, as would render it

apparently wise and proper for adoption. But he could not help saying to the Hon. Gent. (Mr. Windham), that he had mis-stated facts with regard to the militia in the two countries, as well as the disposable troops of the nation; and though the militia of the two countries had shewn their courage in numberless instances, and had met with the disapprobation of the Hon. Gent. yet the country at large, except him, had bestowed every praise on these constitutional bodies, who are of national importance. He said the Hon. Gent. seemed to be very much attached to a standessential to the safety of the nation than any militia that could be established. He said, he thought the Hon. Member appeared too fond of a regular force, and had not given, in his opinion, a single argument sufficiently strong, to induce any Member in that House to support his side of the question. Sir William then noticed several arguments which had been used by Mr. Windham, none of which he said would convince the House that a regular army was preferable to a militia in Ireland, agreeably to a plan proposed by the bill now under discussion. He had to observe, that if the plan now mentioned by the Hon. Gent. was to be adopted, he was sure you would not get the countenance and support of the country gentlemen, and a numerous body of persons who have and will enter cheerfully into the militia. Many hundred persons felt it their duty, for their own private safety, and the safety of the nation, to assist in the constitution of a militia in their respective counties; but few men who had many private ties, as dear as life, and on which life itself depends (such as men in business, and who could not leave their country and families for any length of time), would enter into the regular service, however glorious and honourable the name of a British soldier must sound to the ear of every man a this he thought one important reason for the maintenance of a militia in both countries. He thought this was no time for a discussion like the present-a discussion that would only shew the Hon. Gent.'s extensive talents, and his extensive metaphysical knowledge, which, in the present case, he thought, only went to perplex the question. He said the gentlemen of England were called upon to defend the country; at this critical period it was the duty of every man to use his interest for the public safety; and he did not doubt but there would be but one opinion in the nation, and that was for the maintenance of those blessings we now enjoy, and that could not be done unless the House gave Government that support they were now in want of. He said every Gentleman in that House must remember the courage and conduct of the American militia, who distinguished them selves when they fought on their own ground, and who beat the regular disciplined troops

sent against that country. He had military knowledge enough to know, that a greater number of men would enter into the militia than into the recruiting service. The Hon. Member had by his speech endeavoured to destroy every thing connected with the militia since its establishment in the year 1757.

General TARLETON observed, that he concurred with the Hon. Gent. (Mr. Windham) on many occasions, yet he must differ from him on the present. Experience had proved the utility of a militia in Ireland as well as in this country. Every man must know that we have to deal with a restless neighbour; it was therefore prudent to guard our coast with militia, as well as to have a sufficient body of regular disposable troops at the immediate service of Government. He thought no measure could be suggested to answer the purpose of Ireland as well as the one now under discussion, which he hoped would not meet an opposition sufficiently strong to destroy it. He considered it a measure that immediately called for the support of every Member in the House: it therefore should have his vote.

Sir L. PARSONS said, he had had an opportunity of knowing something of the militia of Ireland as well as of the regular troops, and he was convinced he should not do justice to himself and the brave militia-men of that country, if he had continued silent on a question in which they were concerned. The militia of Ireland had served several years, and had proved themselves a noble and courageous body of men; and though they were at present but a skeleton of a military force in Ireland, it would be extremely impolitic not to increase the numbers of such a useful and praiseworthy establishment. He would call to the recollection of the House, the period when the French landed at Bantry Bay: their conduct at that time, as well as on many other occasions, did them the highest credit: no troops in the universe evinced more energy in the field than the militia of Ireland: those brave men only felt disheartened when the wind would not permit the remaining part of the French to land; this indeed was a painful disappointment to those courageous heroes, who would have carried victory had the French army been double the number. He was sure the Irish militia were of the first consequence to the country, and ought to receive every honour and attention which their courage and exertions had long merited; and he could not sit down till he repeated what had been before observed to the House, that we were at present in a critical situation, and therefore every mean ought to be used to keep an ambitious and overgrown enemy from our

coast.

Lord KENSINGTON said, it was the first time he had ever troubled the House on any VOL. III.

question, and it was not his intention to trespass on their time for many minutes. The only inducement he had in addressing them, was, a mis-statement made by the Hon. Bart. behind him (Sir William Pulteney), who had | said, his Hon. Friend (Mr. Windham) had made an attack on the militia of the two countries. This, he was sure, was not the case; his Hon. Friend had, by no means, said any thing offensive of that body of men; he had taken objections to the militia on general principles, and offered arguments to prove, that a disposable and regular force was of more importance to the country than the augmentation of the militia could possibly be. Whether his Hon. Friend's arguments would convince the House of the propriety of his position, would be seen by the vote of the House: yet he must be permitted to say, from some knowledge in military affairs, that he concurred with his Hon. Friend in some points, and thought that a regular disposable force would be more serviceable to Ireland than the militia. At the same time he had no objection to a militia in either country, yet he thought a regular disposable force was better for either an offensive or defensive purpose than a militia was, as the regular force was generally better constituted and disciplined for actual service than a militia could possibly be. In proof of his assertion, he begged the House to call to their recollection the militia that were sent to Holland, whose exertions proved their defective power, and evinced a want of discipline. This was well known to Government; and had they been all regular troops, there is no doubt but they would have made a better figure.

The CHANCELLOR of the EXCHEQUER said, that the Noble Lord had not stated what Mr. Windham had observed to the House; but as his Lordship's mistake must be obvious to any Member, he would go to his own remarks on the militia; in doing so, he must call to the recollection of the House, that the army who had distinguished themselves in Egypt, were volunteers taken from the militia; and that he was sure that most of the King's officers would be proud to have the regular troops mixed with militia-men. An Hon. Member of this House had said, very properly, that the militia of Ireland had distinguished themselves in the field at the time the French made an attack on their native soil, which did them great honour, and evinced a courage highly praiseworthy. During the last war the militia of Ireland had proved the utility of such a constituted body; and there was not an officer in the House who had to conduct the militia of Ireland, but was proud of the exertions of those brave men who had been under his command.

Sir W. PULTENEY rose to say a few words by way of explanation. From a remark that * Ff

had been made on his observations on the militia of America, it appeared necessary for him to repeat what he meant. He observed, that he had before stated, that the militia of America had beat the regular troops, and that he did not doubt but the militia of this! country and Ireland would beat the French whenever they met.

Sir EYRE COOTE said, he rose merely to say, that the militia who had been sent to Holland had not evinced any want of courage or discipline, and all they were then in want of was a little more time; but there were many circumstances that combined at that period which rendered their exertions abortive. From the best information that could be obtained, he had no doubt but a militia in the two countries was highly necessary to be supported with the utmost vigour.

General MAITLAND made several observations on the militia of Ireland, and concluded with saying, the measure should have his support, as he thought the establishment of a militia was of the first importance to the two countries.

Mr. WILBERFORCE said, at a period when the public safety was endangered, it was certainly highly necessary to consider of the most effectual means of providing for that safety. If any Hon. Gent. thought that the present was such a period, then it was their duty to propose whatever means they thought the most effectual for providing for that safety. There was a period, however, when we had to contend against the whole force of France and Spain, when the militia was increased without any objection being made by his Hon. Friend (Mr. Windham), which enabled him to plead his Rt. Hon. Friend's authority against himself. The militia was the proper constitutional force of the country, and formed that which we ought to have, a large defensive force. No man could look upon a standing army with more constitutional jeaJousy than himself; but perhaps his Hon. Friend (Mr. Windham) had a great love for expeditions, and therefore thought that a militia force was not so immediately applicable for those purposes. If a standing army were to be raised in Ireland, instead of the proposed militia, it must necessarily be inexperienced, and therefore those who opposed the militia had no right to make use of the argument of inexperience against it. Something had been said by his Hon. Friend, as if his Majesty's Ministers were to set themselves above the opinion of the people; but he thought, in a free country like this, that popular opinion, to a certain degree, was the best regulator of the conduct of Government, and ought to be consulted.

Mr. ALEXANDER defended the system of militia laws in Ireland, and observed, that

gentlemen of rank and fortune could not be expected to enter as volunteers into the regular service; they could best defend their country at the head of the militia.

Mr. W. ELLIOT adverted to the point of order, and said, it appeared to him to be a new question, that, when the House were called upon to vote an additional bounty like the present, they should not be allowed to go into the general question. He objected to the proposed bounty, because it would tend to injure the recruiting service in Ireland. The constitutional mode of obtaining a militia was by ballot; but he was answered, that in Ireland a ballot could not be effected. This, in his mind, was an objection against the establishment of a militia. This measure went to raise a force in Ireland on the prin ciple of the fencibles; it would no longer be a militia, but a fencible force of the worst species. He had been told on a preceding evening, by the Attorney General of Ireland, that he voted in the House of Commons in Ireland for a military force.

Mr. BAGWELL Spoke to order, observing, that the Rt. Hon. Gent. was referring to an argument used on a former evening by a Gent. not then in the House.

Mr. ELLIOT proceeded. When he was in office in Ireland, he said, the militia were not only embodied, but encamped; it would therefore not have been a very safe measure to have proposed at that period to dissolve it. What was the case now, when the militia was disbanded? The question now was as to its revival, and he objected to the policy of the measure. He did not wish to excite alarm; alarm it was one like the present, which went but if any measure was calculated to excite to lay the country prostrate at the feet of its of the country, he hoped it would not be led enemies. With respect to the actual danger into a war in darkness and obscurity; but he should even think a war in any shape preferable to a continued series of submissive and pusillanimous conduct.

fore the House could not justify the Hon. Lord CASTLEREAGH said, the question beGent. in going into charges against his Majesty's Ministers for submissive and pusillanimous conduct. He was not surprised at a disposition being evinced to debate the present measure, as it arose out of a subject which was dear to the community. If his Hon. Friends thought the defence of the country would be better maintained by a standing army than by a militia force, they objections to the latter. He differed with were certainly perfectly justified in making them however in toto; he was perfectly satisfied that it was impossible to have a better defence than a constitutional militia force.

Mr. WINDHAM, in explanation, said, he did not distrust the loyalty or the spirit of the militia; but he still thought them inferior to troops of the line.

Balloting was undoubtedly the constitutional | of granting the whole bounty mentioned in mode of providing that militia; but if the the resolution. question was as to the injury done to recruiting, there could be no doubt that the mode of ballot was the most injurious.-There were contrivances in this country to render the ballot less onerous by means of parish subscriptions: the present was only a mode of making the country subscribe, as a body, to raise the men which it was called upon to provide. He was satisfied that Ireland could not be considered as in a perfect state of security, if it was trusted to the protection of the regular troops alone.

Mr. HILEY ADDINGTON said, the argument which had been used, that the present measure would be injurious to the recruiting service, had been conclusively answered by his Rt. Hon. Relation. In fact, there was a conclusive answer to it in the nature of things, as it was well known that many persons would prefer a larger bounty and enlisting for life, whilst many also would prefer a small bounty and a limited period of service. He had held a pretty high situation in a fencible regiment, part of which he had himself raised, and he did not know any individual of it who would recruit; and even when it was disbanded, not one fifth of the whole became regular soldiers. With respect to the militia, he would ask a distinguished officer (Sir Eyre Coote) who had spoken in this debate, whether a regiment of militia in service at the period of the expedition to Holland, and sent thither, would not serve with as much courage and discipline as any other? The Hon. Gent. (Mr. Elliot) as well as his Rt. Hon. Friend (Mr. Windham) had taken a comparative view of the militia and the regulars, but in such a way as to give all the merit to the latter; and he confessed some comments had been made upon the militia, which excited uneasiness in his mind. If the present was, as had been stated by a Rt. Hon. Gent. a period of greater danger than any during the late war, why depreciate one of our best supports? He could not help thinking that they shewed a want of consistency. The Rt. Hon. Gent. (Mr. Windham) had thrown out a charge against his Majesty's Government, of a want of prospective wisdom; and another Hon. Gent. (Mr. Elliot) had charged them with submissive and pusillanimous conduct. He defied those Hon. Gent. to produce a single instance to prove those charges; and till they did that, such charges must be considered as mere random assertions.

Mr. WICKHAM said, it would be still open to the colonels of militia, or the Lord Lieutenant, to continue the bounty as it was before this measure, or to lower the present bounty. There was no intention at present

Mr. DAWSON thought it whimsical that the present measure should be opposed only by the late Secretary at War for England, and the late Secretary at War for Ireland. The Irish militia, he said, had put down rebellion, and had materially contributed to repel invasion.

The resolutions were then agreed to, and a bill ordered pursuant thereto,

HOUSE OF LORDS,

Thursday, March 17. (See Minutes, p. 507.)

[IRISH CHALKING ACT.]-The second reading of the Irish chalking act being moved,

Lord AUCKLAND rose to make a very few observations on the bill. He did not mean to go into detail on the subject, but considered it his duty to allude to the difference which the bill went to establish betwixt the criminal laws of the two parts of the United Kingdom. A difference of this kind was in every case to be deprecated, but more especially when it regarded the criminal laws of the country. Some delay, therefore, in proceeding to the committee on the bill might be desirable, to enable their Lordships to consider how far it might be expedient to extend the provisions of the bill to this country.

The ARCHBISHOP of DUBLIN professed his inability to form an opinion how far the extension to which the Noble Lord alluded might be applicable to the circumstances of this country; but of its necessity, as far as Ireland was concerned, no one acquainted with the state of that part of the United Kingdom could doubt for a moment. In this country the crime was of rare occurrence, and therefore it might be a matter of doubt how far policy would suggest the propriety of making a general enactment on the subject. No man, however, could have lived twelve months in Ireland, without being convinced that it was essential to the safety of the peaceable part of the community.

The LORDCHANCELLOR called the attention of their Lordships to a point which was entitled to particular attention. He had more than once had occasion to advert to the mode in which bills of the most important kind were introduced into that House. The second reading was not preceded, as it certainly

ought to be, with respect to bills whose | that Monday might be fixed for going into a general nature was not understood, by a short committee on the bill. explanation of their object, but as a mere matter of course. This observation, in the present instance, was suggested by the title of the bill. It was entitled, A bill for the more effectual prevention of chalking; a practice, of the nature of which he professed his ignorance, and he believed many other Noble Lords would acknowledge the same ignorance. It was certainly the duty of those who were employed in introducing the bill, to have given this explanation, and thereon he took this opportunity of alluding to a general ground of complaint. His Lordship agreed with the Noble Lord who began the discussion, that it was highly desirable to have as little discordance as possible betwixt the criminal laws of Ireland and this country, but gave no decided opinion how far the extension might be necessary.

Lord CARLETON gave a short sketch of the circumstances which rendered the present bill necessary. The practice which it was designed to punish was one which, at the time when the act was framed, had become highly alarming; and it was to counteract so serious an evil, that it was originally submitted to the Irish Parliament. About two years ago it had expired, but at the present moment it had again appeared necessary to renew it. He agreed with the Noble and Learned Lord who spoke last, that the title of the bill was not one very intelligible in this country, where the practice from which it was derived was almost unknown. In Ireland, however, the practice was unfortunately too well known, and the title was one universally understood. He professed himself not in possession of such a knowledge of the existing circumstances of the country as to be able to judge of the expediency of the extension.

Lord ALVANLEY corroborated the statements of the Noble Lord, and argued in favour of some improvement in our criminal code. As the law now stood, an assault with a view to robbery was a felony, though not of a capital nature; whereas an assault with the view of perpetrating the crime of murder was a simple misdemeanour. He agreed entirely with his Noble Friend in what he had said about the case to which he had alluded, and he was sure all of their Lordships must see there was a necessity for revising the law, when a crime, in all its circumstances so atrocious, had escaped adequate punishment, merely from want of evidence that the criminals had lain in wait with the intention of perpetrating the crime. His Lordship was very pointed on the loose and inaccurate manner in which the bill was couched. respect it required very considerable improvement. He alluded to several clauses in which the language was extremely inaccurate. In one part of the bill it was enacted, that no person being in Ireland, should, without subjecting himself to certain penalties, be guilty of the crime specified in the bill. There was, however, a great want of precision here, because it might be inferred from that, though a person could not, without subjecting himself to penalties, be guilty of this crime in Ireland, he might with impunity perpetrate it in England, in Scotland, or, in short, in any other quarter. After dwelling on this topic, his Lordship concluded by declaring his complete approbation of the proposed delay.

In this

The bill was then read a second time, and committed for next day.—Adjourned.

HOUSE OF LORDS.

Friday, March 18.-(See Minutes, p. 507.) [THE NAVY.]-The Earl of CARLISLE called the attention of their Lordships to a motion, which he proposed to make that evening, had he seen those Ministers he had expected in their places. The proposition was of that nature, which he thought, on considerations of fairness and candour, it would not be proper to urge without at least giving some notice. What he had in contemplation (the Noble Earl observed), respected the artificers in his Majesty's dockyards, on the discussion of which subject he thought it would be proper that his Majesty's Ministers in that House should be present,

Lord ELLENBOROUGH saw very powerful reasons for some improvement in the criminal law of this country, so far as assaults, with intent to commit murder, were concerned. He alluded particularly to the case of a trial at the Old Bailey (the trial of two men for cutting and maiming a man near Hammersmith, at one of the late sessions), where, under circumstances of the greatest atrocity, the capital part of the indictment was done away, because the crime of the prisoners did not come within the meaning of the act under which they were tried. He was desirous, therefore, that their Lordships might have an opportunity of considering how far the extension of the act to this country might be desirable. His Lordship adverted parti-particularly, his Lordship seemed to say, the cularly to the manner in which the bill was framed. There was a great deal of superfluity of expression, which might in the committee be curtailed. His Lordship therefore wished

Noble Earl at the head of the marine department, from whom it was naturally to be expected, peculiar information and assistance would be derived. For his own part, he

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