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purpose of submitting a motion re- gative and influence of the crown lative to the continuation of cer- with respect to it. The acts of tain militia regiments without dis- parliament to which the noble Earl embodying. He said that great had alluded, as pointing out the care bad been taken by the legis- . cases in which the militia might be Jature to prevent the burden of the called out, were not to be constru. militia ballot from pressing more ed narrowly; and it was always heavily than the exigencies of the understood that the country being public service required; the prero. at war was an exigence justifying gative of the crown was therefore such a measore, and that during restrained, and the establishment the continuuance of that state, the of that species of force was regu- militia services were to be contilated, by various acts of parlia- tinued as long as the crown should ment. The cases in which the judge it to be of public advantage. mililia might be called out were There could be no injustice in such specifically stated, and were, Ist, continuance towards the men, since actual invasion; 2d, imminent the ballotted man was bound by danger thereof; 3d, insurrection; his oath to serve five years, and the 4th, rebellion ; but none of these substitute, as long as the regiment at present existed. It was a great continued embodied. As to the hardsbip upon the ballotted men hardships on the counties and to be detained from their familes townships; he did not know but longer than the continuance of the they might have an equitable claim exigence which had empowered for re-imbursement. He affirmed the government to call them out that there had been no partiality after which time they were legally shown with respect to the parti. entitled to return to their homes. cular regiments embodied or disIt was also a bardship upon the embodied; and would not oppose counties and townships which lay the production of the account reunder the obligation of providing quired. for toeir wives and families. These Lord Grenville said, that specific considerations induced him to cases being pointed out by the mimove, That an account be laid be. liria act, it was illegal to wander fore their Lordships of the regi. from them. The militia had been ments of militia which had been called out only four times since disembodied, and also of those the original act, and each time in wbich still remain embodied. strict conformity with the cases

Lord Sidmouth, as the person provided. These were, in the sewho presided in the department ven years' war; in the American whence the order for suspending war, but not till after France and tbe disembodying of the militia Spain joined in it; in 1792 when had proceeded, felt himself called there was danger of insurrection upon to reply to the observations (the extent and depth of which of the noble earl. The legislature danger said Lord G. 110 man now bad been anxious to guard the mi- living, perhaps, know's better than litia force by regulations, not mere. niyself) ; and the beginning of the ly for the purpose suggested, but war just now closed, in which inwith a view to restrain the prero- vasion was fully determined on by

the

the enemy. But even in the case tionally. It was a question that of the apprehended insurrection, admitted of no doubt, as it dependwhich was probably the most for. ed entirely on the plain words of midable of these periods, the House the statute. He then referred to thought it proper to examine at the four causes for calling out the length the grounds of embodying militia, as stated in a former speech; the militia.

and proceeded to say, that if the Lord Sidmouth said that the no- House would consider the object of ble lord's facts would serve him for the militia laws, it would be connothing unless he could shew that firmed in the opinion that without the militia was disembodied the a violation of the constitution, mimoment the first cry of invasion misters could not, in time of proor insurrection was over, which found peace, hold the militia from did not correspond with the fact their houses and families, subject to

Lord Donoughmore was surprise the privations of military service. ed to find that the measure of re- The militia was not an army, but taining some of the militia regi- a mass of armed citizens, not losing, ments was meant to be permanent, but only having suspended for a as he conceived from the intended time, the advantage of the equal introduction of a bill; and he laws of their country. If, in the thought there might be reasons of present circumstances, the militia patronage connected with the might continue embodied, there choice. He knew that in Ireland was no reason why it might not a militia regiment was thought remain so during the rest of his one of the best things that could Majesty's reign. The only debe given away.

fence he had heard of this measure Lord Liverpool affirmed that was, that we were still at war with there was no idea of turning the America ; but was there a man so present mode of disembodying the timid or credulous as to fear inva. militia into a permanent measure; sion from that country? Should it and said that the bill was merely be said that the restrictions of the to relieve townships from partial act bad a reference not to the dispressures, such as providing for the embodying, but to the calling out, families of militiamen and the like. of the militia, would not such an

The question was then put and argument render it merely an carried.

option in the crown whether the The subject was afterwards militia should be disbanded at all ? taken up in the House of Com- He understood that the conduct of mons.

the ministers was sanctioned by Sir S. Romilly, on Nov. 28th, the authority of the law officers of after, by bis desire, the militia acts the crown. If the opinion bad of the 48th and 49th of the king been given first, and then acted had been read, rose and declared, upon, it would have been much that having used his best endea better. He did not mean to insivours to investigate the matter, he nuate that it would have been difwas of opinion that in omitting to ferent under different circumstandisembody the militia the ministers ces; bert it was impossible not to had acted illegally and unconstitu- see that the question came before

those

purpose of submitting a motion re- gative and infiuence of the crown lative to the continuation of cer- with respect to it. The acts of tain militia regiments without dis- parliament to which the noble Earl eynbodying. He said that great bad alluded, as pointing out the care had been taken by the legis- cases in which the militia might be lature to prevent the burden of the called out, were not to be constru. militia ballot from pressing more ed narrowly; and it was always heavily than the exigencies of the understood that the country being "public service required; the prero. at war was an exigence justifying gative of the crown was therefore such a measure, and that during restrained, and the establishment the continuuance of that state, the "of that species of force was regu- militia services were to be contiJated, by various acts of parlia- tinued as long as the crown should ment. The cases in which the judge it to be of public advantage. militia might be called out were There could be no injustice in such specifically stated, and were, Ist, continuance towards the men, since actual invasion; 2d, imminent the ballotted man was bound by danger thereof; 3d, insurrection; his oath to serve five years, and the 4th, rebellion ; but none of these substitute, as long as the regiment at present existed. It was a great continued embodied. As to the hardship upon the ballotted men hardships on the counties and to be detained from their familes townships, he did not know but longer than the continuance of the they might have an equitable claim exigence which had empowered for re-imbursement. He affirmed the government to call them out, that there had been no partiality after which time they were legally shown with respect to the parti. entitled to return to their homes. cular regiments embodied or disIt was also a bardship upon the embodied; and would not oppose counties and townships which lay the production of the account reunder the obligation of providing quired. for toeir wives and families. These Lord Grenville said, that specific considerations induced him to cases being pointed out by the mimove, That an account be laid be- litia act, it was illegal to wander fore their Lordships of the regi. from them. The militia had been ments of militia which had been called out only four times since disembodied, and also of those the original act, and each time in which still remain embodied. strict conformity with the cases

Lord Sidmonth, as the person provided. These were, in the sewho presided in the department ven years' war; in the American whence the order for suspending war, but not till after France and the disembodying of the militia Spain joined in it; in 1792 when had proceeded, felt himself called there was danger of insurrection upou to reply to the observations (the extent and depth of which of the noble ear). The legislature danger said Lord G. 110 man now bad been anxious to guard the mi- living, perhaps, know's better than litia force by regulations, not mere. myself); and the beginning of the ly for the purpose suggested, but war just now closed, in which inwith a view to restrain the prero- vasion was fully deternrined on by

the the enerny. But even in the case tionally. It was a question that of the apprehended insurrection, admitted of no doubt, as it dependwhich was probably the most for. ed entirely on the plain words of midable of these periods, the House the statute. He then referred to thought it proper to examine at the four causes for calling out the length the grounds of embodying militia, as stated in a former speech; the militia.

and proceeded to say, that if the Lord Sidmouth said that the no- House would consider the object of ble lord's facts would serve him for the militia laws, it would be connothing unless he could shew that formed in the opinion that without the militia was disembodied the a violation of the constitution, mimoment the first cry of invasion misters could not, in time of proor insurrection was over, which found peace, hold the militia from did not correspond with the fact their houses and families, subject to

Lord Donoughmore was surpris. the privations of military service. ed to find that the measure of re- The militia was not an army, but taining some of the militia regi- a mass of armed citizens, not losing, ments was meant to be permanent, but only having suspended for a as he conceived from the intended time, the advantage of the equal introduction of a bill; and he laws of their country. If, in the thought there might be reasons of present circumstances, the militia patronage connected with the might continue einbodied, there choice. He knew that in Irelaud was no reason why it might not a militia regiment was thought remain so during the rest of his one of the best things that could Majesty's reign. The only debe given away.

fence he had heard of this measure Lord Liverpool affirmed that was, that we were still at war with there was no idea of turning the America ; but was there a man so present mode of disembodying the timid or credulous as to fear inva. militia into a permanent measure; sion from that country? Should it and said that the bill was merely be said that the restrictions of the to relieve townships from partial act bad a reference not to the dispressures, such as providing for the embodying, but to the calling out, families of militiamen and the like. of the militia, would not such an

The question was then put and argument render it merely an carried.

option in the crown whether the The subject was afterwards militia should be disbanded at all ? taken up in the House of Com- He understood that the conduct of mons.

the ministers was sanctioned by Sir S. Romilly, on Nov. 28th, the authority of the law officers of after, by bis desire, the militia acts the crown. If the opinion had of the 48th and 49th of the king been given first, and then acted had been read, rose and declared, upon, it would have been much that having used his best endea- better. He did not mean to insivours to investigate the matter, he nuate that it would have been difwas of opinion that in omitting to ferent under different circumstandisembody the militia the ministers ces; bert it was impossible not to. had acted illegally and unconstitu- see that the question came before

those

the prosecutor on that occasion. reading one half of the proceedings. He began with asserting that the He was himself clearly of opinion, observation made by the court that unless it was the intention to martial that “there appears to attack the integrity of the court. have existed such a want of co- martial, there existed not the operation among the officers of the slightest foundation for the motion. regiment, as to render the duties The court was a competent triof the commanding officer much bunal. The members stood high more arduous than they otherwise in public opinion, and it was suffi. would have been," was not found. cient to read the list to remove ed on fact. He then proceeded every suspicion of their being acto comment on the charges which tuated by improper influence. The had been produced against Colonel hon. gentleman then adverted to Quentin, and the evidence in sup- various particulars of the charge. port of them, in doing which, he He admitted that the discipline of quoted from the reply he had made the regiment was in a very bad betore the court martial to the de- state under Col. Quentin's comfence set up by Colonel Quentin. mand, and that under the previous He concluded with reading that command of Col. Robarts and part of the sentence of the court- the hon, mover, the discipline was martial, which, in his opinion, in excellent ; but bis reply was, that juriously reflected upon the cha- all this was known to the duke of racters of those in whose behalf he Wellington, who applied the was now imploring the intercession proper remedy; and the court. of the House ; and with respect to martial, deeming all the imputa. himself, he said he had never wish- tions upon Col. Quentin's courage ed to become the prosecutor of unfounded, and holding that for Colonel Quentin, but had been die the rest he had received a suffin rected to undertake that task, not cient censure, bad come to the only by the authority of the Com- judgment now under consideration. mander in chief, but by command He then adduced facts to justify of the Prince Regent himself. In the court in its remark on the fine, he moved for “ An humble want of co-operation among the address to his Royal Highness, Officers. He also adverted to the that he would graciously be pleased case of Col. Ross of the 85th to direct the proceedings of the regiment, who having been found general Court-martial held on guilty of improperly employing Colonel Quentin to be laid before inen on duty, the captains by them."

whom the charge was preferred Mr. Manners Sution, (Judge were dismissed, and Col. Ross, in Advocate) said, that the course consequence of having himself which the hon. mover had pursued previously instigated trivial prosewas the most extraordinary he had curions, was directed to retire, erer witnessed in parliament. The selling his commission : the officers motion bad been deferred in order in this case might feel aggrieved, to give time for the production of but it was for an impartial witness the evidence, and he now ex. to decide, whether any thing had pected to convince the House by taken place in the result of the

prosecution

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