20 whole nation. And if it is probable, that by inoculation not more than one in fifty dies, which perhaps comes near to the truth; of confequence, taking the loweft number of thofe who may be fup. pofed to have died within the year, of the fmall pox, had inoculation general ly prevailed, there might have been above 14,000 lives faved to the nation, in one year a faving of fo much importance, as demands the ferious attention of every confiderable perfon in it. The fame caufes that obliged the writer to poftpone the account for last month, till it was almost become unieasonable, prevent him from giving fuch a fummary view of the feafons and difeafes of the past year, as might have afforded the reader the fatisfaction he expects. He is in doubt whether he fhall be able to furnish even fo much as he has done, for the future; partly prevented by want of health and proper leifure, and partly difcouraged by an apprehenfion, that what he does is of fo little confequence as to be difregarded. And this opinion he the more readily gives into, as he finds fo few, of all that number of practitioners, who doubtlefs have equal opportunities, and probably fuperior abilities, are willing to lend the least affiftance; or join in communicating fuch remarks, as must naturally occur to thofe who obferve, and in the leaft reflect upon their obfervations. An account of an extraordinary alimentary powder lately invented, and its effects. Xperiments of this powder were nience either from faintnefs or hunger. They were employed in fuch bodily exercife as fuited their years and strength, fome walking daily many hours, others digging; yet many times they did not eat their whole allowance; and to prevent any fraud, they were conftantly attended by a centinel where ever they went. This powder, before it was adminiftered, was prepared every day in the following manner; Count de la Serre, Governor, Count de la Chark, Lieutenant, the phyficians, furgeons, and other officers of the hofpital, being prefent. Six ounces of the powder being brought in a little bag, was fhaken by degrees into boiling water, which at the fame time was ftirred briskly with a spoon, and in as little time as would fuffice to drefs an egg, was fit to be eaten, having acquired the confiftence of a thin panada, and the colour of gingerbread. When the powder is firft stirred into the water, a light fcum rifes like that which happens in boiling bran; it fmells alfo partly like toafted bread, and partly like cummin-feed. It is infipid to the tafte, but not difagreeable. It cannot be abfolutely affirmed to be merely farinaceous; but it does not appear to be compounded of any animal fubftance, though fome grains of a very fine fand have been difcovered in it. In a fhort time this panada grows much thicker, the powder imbibing all the water, and when it is cold it is quite hard. It may be prepared with cold wa Expert on three foldiers at ter, but then in a fhort time it will be Lifle in Flanders, and afterwards on fix penfioners in the royal hofpital of invaÎids at Paris; and fix ounces in fomething less than a pint of water, were found to be fufficient aliment, or meat and drink, for one man during one day. The fix invalids had no other provifion than this quantity of the powder per diem, for fifteen days, in the month of October laft; and all continued hearty and well; though one was upwards of feventy; the others were young men, but had loft fome of their limbs. Neither old nor young fuffered any inconve come four. This powder may be ufed to great advantage, fuppofing the compofition to be cheap, and eafily preferved, as well at fea, when other provifions fall short, as by an army during forced marches, a garrifon in a befieged town, and the poor in times of great fcarcity. It is gueffed to be Turky corn rofted and powdered, and mixed with a fmall quantity of feafalt, fome cryftals of which have been difcovered in it; and is the invention of M. Boueb, furgeon-major of a regiment in France. Gent. Mag. JOUR 21 JOURNAL of the Proceedings and Debates in the POLITICAL CLUB, continued from vol. xvi. p. 622. The fubftance of several speeches made, Feb. 19. 1754, in the debate upon the bill for panijcing mutiny and defertion of officers and foldiers in the fervice of the Eaft-India company, &c. [xvi. 386.] The Speech of T. Sempronius Gracchus, subs opened the debate. Mr President, AM glad to fee the important affair now before us fo well attended. I hope it is a fign that the nation is awakened out of that lethargy and inattention which we have been plunged into for fo many years paft, and which has been the cause of the martial law's being now fo ftrongly grafted into our conftitution. I fay, ingrafted, Sir: for though our fovereign had always a power to exercise martial law when neceflity required; yet, until after the revolution, it was fo far from being a part of, that it was exprefsly contrary to, and inconfiftent with our conftitution. Nor would our ancestors for that reafon ever admit of any written martial law; fo that neceffity only could be pleaded as to the time, the place, or the manner of exercising it. And indeed of old it was never exercifed at any time, or in any place, when or where the jurifdiction of our common law courts could take place. Accordingly, all our lawyers agree, that martial law was never to be exercised, but when the peaceable courfe of justice was ftopt; and that it was not to be tried by a jury, but determined by the records and judges, whether juftice at fuch a time, and in fuch a place, had her equal courfe of proceeding, or no. So careful were our ancestors to prevent the exercife of martial law in this kingdom in time of peace, that in order to prevent as much as poffible any pretence for its being neceffary, a law was made in the reign of Henry VI. by which it was made felony for a foldier engaged to ferve the King in his wars, not to go with, or to depart from his captain, without a licence; and fuch offences were exprefsly made cognifable by the juftices of VOL. XVII. peace, according to the course of the common law which law became neceffary to be made at that time, because we were engaged in a heavy and unfortunate war in France, for the profecution whereof many foldiers were daily lifted here at home, and many of them, after having received the lifting-money, either refufed to go, or afterwards deferted from the army in France, and returned home; for neither of which offences they could be punished any other way than by a civil action for breach of covenant; therefore a new law for that purpose became neceffary: but the legiflature took care, that the trial and punishment fhould be according to the courfe of the common law. This law, Sir, was revived in the reigns of Henry VII. and Henry VIII. and the benefit of clergy taken away from deferters; but ftill the trial was to be according to the courfe of common law: for until the reign of Edward VI. no countenance was given by any law to the punishment of any foldier, even by the commander in chief; and then it was reftrained only to fuch officers or foldiers as gave or received licences without the confent of the commander in chief, and extended only to imprifonment at his difcretion. From that time until after the revolution we had no other law for the punishment of any military offence, nor was martial law ever exercifed in this kingdom in time of peace, that is to fay, when the peaceable courfe of justice was not stopt by fome invafion or rebellion. Yet during the whole time of Charles and James II. a body of regular troops were kept on foot under proper difcipline, and with out being guilty of any irregularities: for if they could not have been kept under proper difcipline, I am fure neither of thele Kings would have been at the expence of keeping them on foot; and if D they they had been guilty of any irregularities, I am as fure we should have heard enough of it from the anticourt writers of those days. Nay, I am apt to fufpect, that the irregularities committed by our troops foon after the revolution, were underhand fomented by the private direction of fome of our minifters at that time, in order to induce the parliament to agree to the firft written law we ever had for establishing courts martial in this kingdom, which was the act paffed in the first of the reign of William and Mary, intitled, An act for punishing officers or foldiers who shall mutiny, or defert their Majeflies fervice. How dangerous, Sir, is any precedent that may in the leaft contribute towards the establishment of arbitrary power! For this precedent being once made, we have ever fince had martial law annually established by parliament, with very little interruption, except for about fourteen or fifteen months during the year 1691, and part of 1692, and except between three and four years after the peace of Ryfwick: and what is fill worfe, the danger has been growing upon us ever fince; for almoft every year fome new forts of crimes, or fome new fets of people, have been made liable to be tried and punished by martial law. In the first mutiny act, which, as I have faid, was paffed in the firft year of William and Mary, our courtiers were pretty modeft; for no crimes were made liable to be tried by courtsmartial but mutiny, fedition, and defertion; and even for thefe crimes the courts-martial had a power to inflict a lefs fevere punishment than that of death: nor was any foldier to be deemed guilty of defertion, unless he actually left their Majefties fervice; fo that if a poor fellow, on account of ill ufage, left the company he was in, and lifted in another, he could not be tried or punifhed by a court-martial for defertion, or in deed for any other crime. Then as to the perfons fubjected to martial law by this first mutiny act, they were only of ficers and foldiers muftered and in pay in the army within this kingdom only. And likewife as to the time of its conti nuance, this first act was very much confined; for it was not to continue in force but from the 12th of April to the toth of November following: fo hat I am apt to believe, the chief reafon for paffing it, or at least the chief reason made ufe of for inducing the parliament to pafs it, was in order to enable his Majefty to reduce Ireland, which was then almost entirely under the dominion of the abdicated King; and this was perhaps one of the reafons why fo little was done during that fummer towards the reduction of Ireland, or the relief of the diftreffed Proteftants in that kingdom, in order that the fame prevailing argu ment might be made ufe of for paffing a new mutiny-bill in the next feffion of parliament. Before I have done with this act, Sir, I must further obferve, that the King was not thereby enabled to establish any articles of war, with fevere punishments annexed, to be of force in this kingdom; nor was the act of the 31st of K. Charles II. againft billeting of foldiers any way repealed, fo that any alehouse or inn keeper in this kingdom might have refufed to allow any foldiers to lodge in his houfe. But the ice being once broke, and a precedent made, by the paffing of this bill, limited and confi. ned as it was; and Ireland continuing in the fame, or rather a worse state, at the beginning of the next feflion; a new mutiny bill was got paffed, much more extenfive than the former: for all crimes relating to falfe mufters were made liable to be tried and punished by courtsmartial; and it was made death for a poor foldier, let him be never fo ill used by his captain, to leave the company or regiment he belonged to, and lift in any other company or regiment in his Majefty's fervice. I do not by this remark mean, Sir, that foldiers ought to have leave to do fo whenever they please, and without returning the lifting-money to their captains: but furely it is not a crime equally heinous with that of deferting the fervice, much lefs with that of deferting to the enemy; and the laft is, I think, the only fort of defertion that fhould ever be punished with death. Then Then as to the perfons now made liable to martial law, their number was confi. derably increased; for all commiffaries, mufter malters, pay mafters, agents, or clerks, to any regiment, troop, or company, were now for feveral offences fubjected to be tried and punished by courtsmartial; and the act of the 31ft of Charles II. was to far repealed, that his Majefty was impowered, and the conftables were authorifed, to quarter as many foldiers as they pleafed, and for what time they pleased, upon every public houfe in the kingdom; the keepers whereof were by this new act obliged to furnish the foldiers fo quartered upon them, with dry lodgings, ftable-room for their horfes, and with fire and water, and neceffary utenfils to drefs their victuals. And lastly, as to the time of its continuance, this new act was made to continue for a whole year. So that it was almoft in every refpect more extenfive than the former. Thus, Sir, we may fee how quickly this precedent in favour of arbitrary power was improved; and it has been improving ever fince: but it would be tedious, and almost endlefs, to take notice of all the improvements and alterations that have been made in this annual perpetual law; therefore I fhall only obferve, that from its first appearance upon our records, until after the peace of Utrecht, it was never paffed but when the nation was involved in war abroad, though not at home. At that remarkable æra, as the parliament did not meet till April 9. 1713, the mutiny-aft which had been paffed in the former feffion, had expired the 25th of March preceding: fo that we continued without any mutiny-act until July 25. following, and without any power in the crown, as it was then a time of profound peace both abroad and at home, to exercife martial law by virtue of prerogative; and yet during that whole time no one officer fo much as threatened to throw up his commiffion, nor did any of the foldiers of any regiment, troop, or company in the Queen's fervice, fo much as attempt to difband. This, Sir, is extremely remarkable; and it is the more remark able, as there was then as violent and as well-fupported an oppofition to the ad. miniftration as ever was in this kingdom; and this oppofition, with regard to the behaviour of the army, the more to be dreaded by our minifters, as it had at its head the most fuccessful, the most favourite general, I believe, that ever lived and died a fubject. This, ffay, Sir, is extremely remarkable, because it fhews how vain the hopes of fome gentlemen are, who fondly imagine, that a standing army once fully established, with an ambitious prince at its head, would prefently difband, fhould this house in any fucceeding feffion refufe to pass a new mutiny-bill of any kind, It is true, Sir, that, at the time I am fpeaking of, our minifters fo far prevail. ed as to get a fort of mutiny-bill passed in the enfuing feflion: but as it was the first that was ever paffed when the nation was in peace abroad, as well as at home, no punishment to be inflicted by martial law was to extend to life or limb; and every foldier was after three years intitled to demand, and have his difcharge, if he thought fit. But though this act was fo moderate as to punishment and fervice, occafion was taken from the title of it, which was, An act for the better regulating the forces, to extend the power of courts-martial to a multitude of other offences; for by a claufe in this act courts-martial were impowered to inflict corporal punishment, not extending to life or limb, on any foldier, for immoralities, misbehaviour, or neglect of duty. Which claufe has been carefully continued ever fince; and to this are owing the many cruel whippings we now daily hear of. Upon the expiration of this act at Ladyday 1714, we were again without any law for the exercife of martial law, until June 5. following; yet no difbanding enfued: and a new mutiny-act of the fame tenor with the former having then taken place, it was renewed in the first of the late King. But prefently after, and in the fame feflion, a new mutiny-act was paffed, with all the terrors and feverities of any former; and with a new and extraordinary claufe, for impowering his Ma D 2 jefty, jefty, by his fign-manual, to make and conftitute articles for the better government of his forces, and inflicting penalties by fentence or judgment of courtsmartial even here at home, and in time of peace. Which claufe has likewife been ever fince continued; and is really carrying the exercise of martial law to its utmost extent; for it is in effect a law for enabling the King, by his fole authority, to make what laws he pleafes for the government of his army: which we have indeed of late got in fome degree limited. But confidering the feverity of fome military punishments which do not extend to life or limb, the limitation can have little or no effect: for we know, that if a poor foldier happens to be near expiring before he has received the number of lafhes allotted him, he is carried off, and pampered up for a few days, in order to be made a new fpectacle of military feverity. Who would not suffer death rather than undergo fuch a punishment? I fhall not trouble you, Sir, with an account of the growth of this noxious weed, which has already almoft overfhadowed our conftitution, any further than to take notice, that the claufe I have mentioned, for allowing foldiers to demand their discharge after three years notice, was in the firft of the late King made conditional, upon their giving three months notice of their intention; and in the very next mutiny-act, which was paffed the fame feffion of parliament, this indulging claufe was entirely omitted; as it has been ever fince: from which time every lifted foldier became a foldier for life; and fo he ftill continues to be, unless he can obtain a discharge from his commanding officer, upon a proper agreement between them, and often, we may believe, upon as valuable a confideration as it is in his power to give. I muft likewife take notice, that in most of our mutiny-acts there has been a claufe for declaring that a conviction or acquittal fhall be a bar to any future trial for the fame offence: yet of late years there has been introduced what they call a revifion; that is to fay, if the commander in chief does not like the acquittal or the fentence pronounced, he may order a revifion of the trial; upon which an officer or foldier who has been acquitted, may be condemned and fhot. But as this affair has been fo lately before the houfe, I need not take up your time with fhewing what oppreffion and tyranny it may be the cause of. [xii. 121.] I beg pardon, Sir, for giving you fo much trouble; but I thought it neceffary to fhew the rife and rapid progress of the exercife of martial law in this kingdom: and fhall conclude with obferving, that though our firft mutiny-acts extend. ed only to the land officers and foldiers within this kingdom; yet that of the 4th and 5th of William and Mary was made to extend to Jerfey and Guernsey; that of the 8th and 9th of K. William was made to extend to all officers and foldiers in the marine fervice; that of the 13th of K. William was made to extend to Ireland as well as England, and indeed to all the forces his Majefty should have on foot any where in the world; that of the 1ft of Q. Anne was made to include likewife all thofe belonging to the trains of artillery; and that of the 10th, all the invalid companies; the fe cond mutiny-act of the 1ft of his late Majefty's reign was made to extend to Gibraltar and Minorca ; and ever fince the beginning of his prefent Majesty's reign, our mutiny-acts have been made to extend to all his Majefty's dominions beyond the feas, befides all the places I have before particularly mentioned. Thefe extenfions of our now written martial law, I fay, Sir, I thought it neceffary to mention, in order to convince gentlemen how cautious they ought to be in agreeing to any new extenfion of it; efpecially that of putting fo dangerous a weapon in the hands of a company, whole firft eftablishment was illegal, and who, as foon as they but supposed they had got a legal eftablishment, became oppreffive, and foon after of dangerous confequence to the honour of parliament, nay, I may fay, of the crown itself. Our Eaft-India company, Sir, was first established by a charter from Q. Elifabeth, and by that charter had granted |