preservation of discipline. At this time, when every thing depended upon the fidelity and obedience of the army, it was not to be held out as a crime, that men sowing the seeds of disunion the army, should be brought to a court martial (Hear!) Neither he, (Colonel Langton,) nor any of the officers of the regiment wished to evade the strictest enquiry, because they knew the more strict it was, the more clear the character of the Oxford regiment would come out before the country (Hear! Hear!) He was not accustomed to speak in that House, and would beg permission to refer to some papers. (Here he read the evidence of the two men already alluded to, as to the offer of the twenty guineas for proof against Curtis, which offer they positively denied.) [Colonel Langton then read a letter from Curtis himself, acknowledging his error, and thanking the Colonel for his generosity, in allowing the punishment to be commuted for service abroad. This letter was signed by Curtis and the Adjutant, with the declaration of the latter, that Curtis signed it with every mark of sincere regret for the part which he had taken.] He (Colonel Langton) had been thirty years in the Oxford Regiment, and during that time he had never refused a soldier his fair demand. Curtis said, he was entitled by the regulation to three pairs of shoes in two years: the regulation actually was, that three pair in two years were allowed. Another of his demands was relative to the stoppages for breeches. Curtis required that he should have two pair of breeches in the year; if he wanted breeches at the time, he should have got them for asking, but he had actually a good whole pair on him at the very time of his complaint. (Hear, and laughing.) After some further details, Colonel Langton apologized for taking up the time of the House. He had been in it for sixteen years, and he had never presumed to address them before; he hoped he should never have reason to trespass on them again (Hear!) Mr. MANNERS SUTTON (Judge Advocate General) courted all enquiry on any subject that could with propriety be brought into discussion; but it would be only on a case that would have some ground of probability stronger than the one before the House. On the present subject, however, a very simple statement would, in all likelihood, be satisfactory to every man who came with an unprejudiced judgment to the debate. The first complaint of Corporal Curtis related to shoes and breeches. He demanded three pairs in two years, or as he termed it, three shoes a year. This he stated to be the regular allowance and uniformly made. It had happened, that in 1804, two pair of shoes were given in the year. It was the year of entering from the supplementary militia. The men received a pair as supplementary, and a pair as militia-men. They thus had two pairs. But it was found that one pair was sufficient, and five shillings was allowed for the pair, which money was not given immediately to the men, but put to the account of other articles, which were paid for out of the soldier's stoppages. Curtis applied to the Colonel as to the stoppages for shoes and breeches. On the subject of shoes, the regulation shewn to him proved, that he was wrong, and he went away seemingly satisfied. He demanded the second pair of breeches, and was told, he should have them if he wanted them. He got them, without informing the pay-serjeant who was to make the stoppage; and it was only when he was refused the third pair, that he demurred. (Hear!) Government allowed a stoppage of eighteen pence a month to be made, taking the breeches at seven and sixpence a pair, and if the breeches were not required, as was in many instances the case, the money was returned to the soldier. (Hear!) Curtis was brought to a Courtmartial, for being found a mile from his quarters, and in coloured clothes. He had the conversation with his Colonel on the 25th, but lost all memory of it on the 26th. But this was nothing; for nothing was more natural than for a man to forget this day, that he had seen a particular person the day before (Hear, hear!) or that he had altogether forgot the conversation which he had held the day before (Hear!) The Hon. Member (Colonel Wardle) could not have so far forgotten the habits of his military life, as not to know, that in a regiment of the line, at least, the commanding officer might reduce an offender to the ranks without any court-martial In the mean time, Curtis was arraigned of other charges, charges not relative to clothing, but incurred previously to the sitting of the Court. It might be almost said, that it was fortunate that the Hon. Member had fixed upon the Oxford regiment for his peculiar attack; for nothing could better bear sifting to the bottom than mander in Chief answered him, that he would be obliged by the Colonel's statement of any grounds of inquiry, as nothing could give him greater satisfaction than to do justice. (Hear!) Colonel Wardle wrote back, that he would give no statement; that he demanded, as a Member of Parliament, nothing more or less than that the Commander in Chief should actually stay proceedings on the subject, during Colonel Wardle's pleasure. (Hear!). If it were really that Honourable Member's object to do good to the service, his judgment was most lamentably deficient. Did he actually think, that he was doing good to the army by standing forward as the advocate of every open, avowed, convicted culprit? The House had apparently made it a rule, not to interfere with military matters, except in cases of obvious importance. But the Honourable Gentleman seemed to think it his best privilege to hunt out and bring those unsuitable subjects perpetually before the House. He seemed to think, that he had a kind of roving commission for all charges of that nature. (Hear!) With respect to Bellis and Reeve, the two soldiers who were stated to have been sent abroad for their testimony in favour of Curtis, the plain truth was, that on the trial, they brought forward written calumnies against their officers, that they were tried for those calumnies, that they were found guilty, and their sentence of 500 lashes each was commuted into foreign service. This was called, sending them away for their testimony on the trial. If there ever was a case of a court-martial which would bear the most minute and intimate examination, it was the present one. Mr. M. Sutton concluded his speech by declaring that it was impossible he should assent to the motion, under all its circumstances. the conduct of the Officers in the whole transaction. Curtis demanded a General Court-martial. As to the circumstance of the trifling tumalt which was said to have taken place on that occasion, and which the Hon. Member (Wardle) mentioned to the House, as merely a slight stir; he (Mr. M. Sutton) would say, that the person who acted as Deputy Judge Advocate on that occasion wrote to him, to know how the Court was to be relieved from the confusion which was taking place. His (Mr. M. Sutton's) answer to the letter was, that the Court must make itself respected; that if any military man disturbed the Court, he should be committed, and any other should be taken before a Magistrate; and he (Mr. M. Sutton) would be pledged to have him prosecuted at the next Sessions. Yet this was the slight stir which merely flashed across the Hon. Member's recollection, and which he mentioned to the House as a piece of accidental information. On the Court Martial, Curtis was acquitted of the first of the three charges. He was found guilty on the second and third. The second was, for saying, that "He would tear the coat off the Colonel's back," and" that he would cashier the heads of them." When he was advised to consider what he was about, he said "that he wanted no counsel, he had good advice." The charge was not laid as mutiny, and therefore the punishment was not capital; but it was quite proper that the sentence of such a Court should be no matter of lightness. They had exercised a sound discretion in awarding a severe punishment for so serious an offence. The Hon. Member might think that such a punish. ment ought not to be inflicted; but it was eminently wrong, for any purpose of popularity, to come down to that House with a string of unfounded statements which must go forth from the House to the pub- Sir FRANCIS BURDETT observed, that if lic. The Hon. Member went so far as to the Honourable Gentleman would be addemand of the Commander in Chief, leave vocate, judge, and witness in the same cause; to put written queries to the prisoner. as the Honourable and Learned Gentle(Hear, hear!) Perhaps the Hon. Member man, who had just spoken, appeared to forgot that (Hear!) But if he had any be, it could not be surprising that he doubts on the subject, perhaps the sim- should carry every thing before him by plest mode of removing them would be to the force of his own assertion. This, read his own letter. (Here Mr. M. Sutton without meaning any disrespect to that read a letter from Colonel Wardle to the Hon. and Learned Gentleman, seemed to Commander in Chief, mentioning that he him to be precisely his situation. To the had come to Portsmouth to see the person facts stated by the Hon. Gentleman who who had been punished, and finally re- brought forward this motion, which were questing that a gentleman might be allow-represented as founded only in assertion, ed to go over to the Isle of Wight, to put the Hon. and Learned Gentleman had rewritten questions to Curtis.) The Complied only by assertions. So that in this respect both that Hon. and Learned Gen- | custed on another opportunity, they formtleman and the Hon. Member who made ed no part of the question under discusthe motion, were placed exactly on the sion, and it would be unfair to make them same ground, with this exception, that the a part of this case. He however knew of latter undertook to prove and make good no law human or divine that authorised all his assertions. It had been said, in- the infliction of a punishment which hudeed, that what had been stated by the man nature was unable to bear. It apHon. Gentleman, near him (Mr. Wardle) peared in this case, that twelve days after was not founded in fact; but how could one fifth of the punishment had been inthat be known, unless he were to be at flicted, the individual was scarcely able to liberty to prove the correctness of his stand. It had been objected to the Hon. statements? By the reasoning of the Hon. Member that he had dealt in insinuations: and Learned Gentleman opposite, all was but it appeared to him, on the contrary, to be taken for granted which was asserted that the Hon. and Learned Gentleman opon his part, whilst every thing was to be posite had thrown out some heavy insinuaquestioned which was advanced by the tions against the Hon. Mover of this, quesother Honourable Member. With re- tion. It was strange, that, when it was spect to the Honourable Colonel who had admitted that there was no objection that been adverted to (Colonel G. Langton) this matter should be sifted to the bottom, he would be the last man whom he would the Hon. Gentleman should not be alsuspect of being guilty of the oppression, lowed to go into the proof. Under these or of the other charges implicated in this circumstances he could not content himcase. But as far as he could collect from self with giving a silent vote after the unthe statement of the Hon. Gentleman, the fair treatment which the Hon. Gentleman charges were directed not so much against had received (Hear, hear, hear!) The the Colonel or the Lieutenant Colonel, as Hon. Gentleman, too, had said, that the against the Quarter Master of the Oxford- individual had undergone a series of cruelshire regiment. It appeared to him, how-ties, that many of the witnesses had been ever, that when charges were preferred by tampered with, and others intimidated, Corporal Curtis against a commissioned and these facts he offered to prove. Such officer, the Colonel had no discretion, but a statement was not to be met by a laugh, to grant it, When this was refused, it was or aspersions on the character of the innatural for the man to say that he had not dividual who made it. But it had been justice done him. The next step was the said that this proceeding was likely to appeal made to the Commander of the create discontent in the army; but what district, which had been represented as discontent could be excited if the state. mutiny. How an appeal to a superior of- ment were not true, and proved not to be ficer could be construed into an act of mu- well founded? Would it not be a satisfactiny, he was at a loss to conceive. When tion to men, placed in the glorious and Curtis had preferred his charges and honourable situation in which British solthought he was to go to trial for having diers were now placed, to know that if them, he found he was to be tried for they suffered any grievance, there was one another offence. The being absent in co- place at least to which they could look loured clothes more than a mile from with confidence for justice. Upon all quarters might be a military offence, but these considerations he should vote for the as not only Corporal Curtis but all the men inquiry. in the regiment were in the habit of going Lord CHARLES SOMERSET, as the Ho to Arundel, it was not to be expected by nourable Member had charged him, as him that he should be tried for such an General of the district, with a breach of offence. This seemed to him to be a mere the articles of war, felt it necessary to trick. What was the consequence? He trouble the House with a very few words. was deprived of his appeal to a General There was one part, and only one part of Court-martial, which he would have had the statement of that Hon. Gentleman, in if his charges had been tried. He be- which he concurred, viz. that in which be lieved from the statement, that the Colonel, bestowed praise on the Hon. Colonel of in refusing the Court-martial on the charges the Oxfordshire regiment. It did not, perpreferred by this man, had been guilty of haps, become him to say what he felt on a breach of the articles of war. As to the that occasion relative to that Honourable severity of the punishment and the cruelty Officer, but he must remark, that the Hoaf its nature, though fit topics to be dis-nourable Gentleman could not say too the mob having entered into a subscription to enable him to employ Counsel, he applied to the Court for time to procure Counsel, when the Court adjourned to one o'clock; and on its being re-assembled, the Judge Advocate offered to the Counsel the proceeding for his perusal. The Ho nourable Baronet had said, that the man was entrapped into a trial for one offence when he was prepared to expect the trial for another. The fact was, that on the 4th of July a list of the charges had been given to the prisoner; on the 6th the Court met, when he was called upon for a list of his witnesses; and even on the 7th and Sth he called fresh witnesses. With respect to the charge of intimidation of witnesses by Serjeant Cox, as stated by the Hon. Gentleman, if any such thing had taken place, it must have been mentioned in the Defence; and yet not one word was said of it on the trial. If there was any thing to be remedied, the Commander-inChief had offered to have the matter inquired into. The course proposed by the Hon. Member was therefore not the only means of investigation. He returned thanks to the House for its attention, and should vote against the motion. much of him, as a zealous, correct, attentive, and humane officer as any in the service. (Hear! Hear!) This opinion he had expressed in the General Orders as strongly as he could, both with respect to the Colonel and Lieut.-Colonel of that regiment. The Hon. Gentleman had accused him cf not having listened to the appeal of Corporal Curtis: he certainly had not listened to that appeal, because that person had not a right to make it. The Article of War (which the Noble Lord here read) took away the appeal from a person found guilty of a military offence by a regimental Court-martial, The General Court-martial was for the trial of heinous offences; the Regimental for petty offences. When the person, whose case was referred to, was charged with a heinous offence, he appointed a General Court-martial, but at the same time, took care that no officer, who had served on the Regimental Court Martial, indeed that no officer of the regiment should serve upon the General Court, He trusted after what he had stated, that the House would consider him clear of the charge of having committed a breach of the articles of war. As to this man, he believed he went away from his Colonel on the 25th of April, perfectly satisfied that Mr. LOCKHART knew both the unfortuhis complaint was unfounded. On that nate man and his father, they being both day he signed his return," all well." In his constituents. The impression upon the following May, Major General Hous- the mind of this man's family was not ton [we believe] proceeded on his half- that he had been treated with severity. yearly inspection through the district. It He had received a letter from the father was part of his duty to ask, whether any of the man, begging him to apply, not for individual in the regiments inspected had a revision of his sentence, but for mercy, any complaints to make. This duty he He had written upon the subject to the knew was performed by that officer, and Dukes of Kent and Cumberland, and not a word of complaint was heard from made application to the magistrates, who any individual in the Oxfordshire regi- humanely exerted themselves to obtain ment. As to what had been said about the execution of justice in mercy. The Bellis and Reeve having been forced out father of this man knew nothing of the of the country, he should only say, that motion of the Honourable Gentleman. there was no foundation for the charge. The speech of the Honourable Gentleman When their conduct was known, he did was deserving of the severest criticism, not order a Court Martial. He directed If popularity was the object of the Ho the Major General to inquire into the cir-nourable Member, he would recommend to cumstances, and on bis report had brought the men to a Court Martial. With respect to the treatment of the man in prison, he had certainly ordered the mob, for mob he would call them, not to be admitted to him; but he at the same time directed that his friends and witnesses should have free access to him, and that he should be allowed the use of pen, ink, and paper. But to shew more clearly with what in dulgence and lenience he had been treated, he need only say, that on the 8th of July him to court it by other means, by means which, as Lord Mansfield well observed, would make popularity follow him instead of his pursuing popularity. The CHANCELLOR OF THE EXCHEQUER would not rise except in justice to Sir David Dundas, to shield him against some imputation which seemed to have been insinuated. He did not mean to infer that the Honourable Gentleman who brought forward those charges took advantage of his situation as a Member of Parliament to propagate inflammatory and mischievous harangues, (Hear, hear, hear!): he rather supposed he came down to seek redress for some supposed injury. He was the more ready to believe this, as every man who wished well to the country must be aware how very much the bringing forward military charges in that House ought to be avoided (Hear, hear!) The Right Honourable Gentleman here read a correspondence between Sir David Dundas and Mr. Wardle, in which Mr. Wardle desired that the condemned Corporal Curtis should not be sent abroad, as he, as a Member of Parliament, was determined to make the matter the subject of investigation (Hear, hear!); and in which Sir David uniformly answered, that he would be ready to accede, provided Mr. Wardle stated the grounds of his application. (Hear, hear!) This, however Mr. Wardle declined doing. He must state this in justice to Sir David Dundas. But Mr. Wardle broached a principle which would go to convert the freest country under heaven into the most wicked and abominable tyranny which ever existed. He, denying all information, demanded, as a Member of Parliament, the suspension of the Law. What, was he to arrogate to himself the right of becoming a walking Committee of the House of Commons? (Hear, hear!) He seemed also to insinuate that the military could not have fair play under a Regimental Court-martial! He could not conceive a viler or more unfounded insinuation; but though he was ready to give the Honourable Gentleman every allowance as to the purity of his views, still he was sure the House would allow he could not have chosen a worse way, or adopted a more injudicious course towards their accomplishment. (Hear, hear!)He should now conclude, having made these few remarks on a speech which he was sure all men in that House must regret, and which none should regret more than the person who delivered it. (Hear, hear!) Colonel WARDLE very briefly replied, and the House divided: OFFICIAL PAPERS. ISLE OF FRANCE.--Dispatch from Maj. Gen. Abercromby. (Continued from page 448.) Having halted for a few hours during the night, the army again moved forward before daylight, with the intention of not halting till arrived before Port Louis; but the troops having become extremely exhausted, not only from the exertion which they had already made, but from having been almost totally deprived of water, of which this part of the country is destitute, I was compelled to take up a position at Moulin á Poudre, about 5 miles short of the town. Early the next morning Lieutenant Colonel M'Leod, with his Brigade, was de. tached to seize the batteries at Tombeau and Tortue, and open a communication with the fleet, as it had been previously arranged that we were to draw our supplies from those two points. The main body of the army, soon after it had moved off its ground, was attacked by a corps of the enemy, who, with several field pieces, had taken a strong position, very favourable for attempting to make an impression on the head of the column, as it shewed itself at the end of a narrow road, with a thick wood on each flank. The European flank battalions, which formed the advanced guard, under the command of Lieutenant Colonel Campbell, of the 33d regiment, and under the general direction of General Warde, formed with as much regularity as the bad and broken ground would admit of, charged the enemy with the greatest spirit, and compelled him to retire with the loss of his guns, and many killed and wounded. This advantage was gained by the fall of Lieutenant Colonel Campbell, a most excellent and valuable officer, as well as Major O'Keefe, of the 12th Regiment, whom I have also every reason sincerely to regret. In the course of the forenoon the army occupied a position in front of the enemy's lines just beyond the range of cannonshot; on the following morning, while I was employed in making arrangements for detaching a corps to the southern side of the town, and placing myself in a situation to make a general attack, General de Caen proposed to capitulate. (To be continued.) Published by R. BAGSHAW, Brydges-Street, Covent Garden :-Sold also by J. BUDD, Pall-Mall, LONDON :-Printed by T: C. Hansard, Peterborough-Court, Fleet-street, |