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16 PROCEEDINGS of the PoliticaL CLUB, &c. Jan. of man to invent an argument against it. any case, beyond its just bounds, that he The company muft then have troops in never will make use of it, when there is that country, and if they must have troops, the least doubt to be made, whether or no they must have martial law. Without it be agrecable to our constitution. As such a law there never was an army kept the whole tenor of his conduct has been up, or sent out, in any part of the world. according to the known and eftablidhed Even among the Romans, in the most laws of the kingdom, so in every doubt,
flourishing time of their repúblick, their A ful cafe he chuses to apply to his parlia. armies were subject to, and governed by ment for a new law when it becomes nca law very different from the civil law of cellary, rather than to act by virtue of their country, a law much more arbitraa prerogative. It is this, laudable modera. ty than what we now call martial law ; tion in his majesty that has given occasion for we do not read of courts martial in for the bill now under our consideration ; any part of the history of that republick,
for if his majesty had by his prerogative because the commander in chief was vett. impowered the company to exercise mara ed with a sole, an absolute and arbitrary tial. law, with refpe&t to their troops in power, over every man in the army un- B şt. Helena and the East Indies, especialder his command. Accordingly we read, ly at this present time, I doubt if any of that the second Appius Claudius, by his our lawyers would have given it as their own fole authority, caused several offi: opinion, that it was contrary to our antiçers to be executed, and the rest of the ent constitution ; for before the Revolu. army to be decimated, on account of their tion it was always held as a maxim, that having seditiously allowed themselves to when the king had occafion to send or to be defeated by the enemy; and that Man. keep regular troops any where beyond lius Torquatus, by his role authority, C fea, even in Ireland, he might impower caused his own fon to be executed, for the commander to exercise martial law, having fought and killed one of the ene and establish articles of war for that purmy's chief officers, contrary to his or pose ; and ro tenacious was the crown of ders : So likewise we read, Sir, that a this prerogative, that in the mutiny act few years afterwards, Papirius Cursor, by of the 7th of queen Anne, and all the his own role authority, condemned his following mutiny acts of her reign, there master of the horse, or what we may was a clause inserted, for providing that call his deputy lieutenant, to be execu the a& mould not abridge the power of ted, because in his absence he had fought the crown, as to the making of articles the enemy contrary to his orders, and of war, and appointing courts martial, that not withitanding his having defeated as might have been done before by the and killed 20,000 of the enemy, from the authority of the crown in places beyond. execution of which sentence he was faved, fei in time of war. not by the authority or the command of Upon this maxim, Sir, is founded that the republick, but by the prayers and in power which all our colonies in America treaties of the senate, the iribunes of the now enjoy ; for every one of them has a people, and the army, enforced by the E power in time of danger to raise troops, iears and lamentations of an aged and and to proclaim martial law, f rany time much honoured father.
they think necessary, during which time the From there examples, Sir, we may fee oldmaxim takes place, inter arma filene leges: how absolute and arbitrary the martial Their civil laws from that moment give law of the Romans was, and from many place to the martial, to which every man examples, both antient and modern, I in the colony, able to beat arms, becomes could shew, that there never was an ar liable; and why his majesty might not give my any where kept up without martial law. It is indeed impossible to govern an
a power to a number of his subjects fettled F
in the East-Indies, as well as to a number army without martial law; and the only of them settled in the West-Indies, tohave reason why we of old had no martial law regular troops in their service, and to ex. in time of peace, was because we had ercile martial law over those troops, I bethen no army kept up ; nor can it be said lieve, it will be pretty hard to find a las that either Charles cr James II. governed tisfa&ory reason; therefore if we had their armies wiihout martial law ; for it now a prince upon the throne as fond of is well known, that both of them exer. prerogative, and of exercising it upon eve. cised martial law by the same authority by G ry occafion, as most of our princes were which they kept up armies, that is, by an before the accession of our present royal illegal and usurped use of prerogative ; and illustrious family, I am convinced, and the hill now before us plainly thews we should not have been troubled with how happy, how lase we are, under the the bill now before us; because the whole government of his present majesty, who that is proposed by this bill would have is so far from Aretching prerogative, in
1755 PROCEEDINGS of the PoliTICAL CLUB, &c.
17. been done by virtue of his majesty's pre that they are so powerfully attacked, can rogative, and without asking the advice we refuse giving them all the assistance we or consent of either house of parliament. can either by laws or otherwise? For this
I hope it will now appear, Sir, that reason, I think, we cannot enough apa with regard to every place beyond sea, plaud his majesty's amifting them with which has been included in any mutiny some of his troops. The sending of such bill fince the Revolution, it is so far from troops thither can no way alier the course being an extenfion of the martial law, A of transactions in that country; for tho? that it may very properly be called an ad they are his majesty's cops, they will dition to the privileges of the people ; for in every thing there act in the name of AO British subject, let him be settled where the company, and corsequently cannot he wil, can now be subjected to martial involve the crown in any of the compalaw, whilst he remains under the protec ny's disputes with the princes or Nabobs tion of the crown of Great-Britain, with upon that coast. It might as well be said, out his own consent. Nay, even our mi that the fending of our men of war there litia cannot now be subjected, I believe, would involve che crown in those dirto martial law, no not even in the case of B putes, yet we know it never has, nor inan invasion or rebellion, without an act deed ever can, because all transactions of parliament for that purpose. At least with the great Mogul, or any other powe diay be well assured, that his present tentate in the East, are carried on in the majesty will never atteinpt it, as no such name of the company, and not in that of thing was thought of during the late re the crown. And as to tlie king's troops bellion, notwithNanding the inminent · having any dispute with the company's danger we would have been in, had his troops, we have experience for suppofing, royal highness and the troops from Flan-c that no such thing can happen ; because ders been detained but a few weeks by in the late war a much larger number of contrary winds. Then, Sir, as to the the king's troops were fent thither, withcrimes and persons that have in any de out producing any such accident, gree been subjected to martial law, tince As to the charalier of the company's the passing of the first mutiny bill in 1689, officers, Sir, lieally know nothing of it. neither of them can properly be called an They may be of such a low character as extension of the martial law, but only a the noble lord has been informed; for it supplying of the defects that were in ihe is not the firnt time that men of a very firit mutiny act, which, from the weak. D low original have risen to a high rank in ness of human wisdom must always be an army, and it redounds to their honour, expected, when a new law is to be made I think, rather than their discredit ; but for regulating any affair of so complicated I was furprised to hear this picce of ina nature ; and I am sure, it cannot be formation come from his lordship ; for if said, that any person, or any offence, has the officers be men of such a low origiHince been subjected to martial law, but nal, what must we think of the common what has an immediate relation to, or men? They must be the very resure of connection with the military.
Bridewell and Tyburn, and conlequently But, Sir, however much our martial cannot be kept in order without the moit haw may have been extended since the strict and severe discipline. This is therefirn mutiny act, surely what is now pro fore as strong an argument as can be urposed cannot be said to be an extension of ged in favour of the bill now before us ; it with respect to this kingdom, nor can and to say that a bill for a perpetual muour conftitution or liberties ever be in tiny aât in the East-Indies, may be made a danger from the exercise of martial law precedent for such another here at home, is in the Eatt-Indies; and as the noble lord really going such a long way for precedent, did not so much as infinuate, that it was F that I have not the least aoprehenfion of unnecessary for the company to keep any any present, or fucuie minister's ever gotroops in their fettlements there, he muit ing so far from home ; this I' must look allow that it is now become necessary to on as one of the most far feiched arguenable them to keep those troops under ments that was ever made use of upon proper discipline. It is true, Sir, their any occasion; and as no gentleman las a troops have lately behaved very gallanily: better talent than his lorinsip at finding Considering what sort of troops they are, arguments in favour of what he espouses, they have really done wonders ; but we G or against what he opposes, his making know that many of their common men use of such an argunient convinces me, have lately deserted ; and we know that chat no good one can be found against they have a near neighbour who will not this hill; for which reason I shall be for only receive but encourage every deserter i:s bcing committed. from them in particular. When we know [Ibis JOURNAL LO be continued in cur next.]
New Contrivances for HOT BEDS. Jan.
i times a day, the moisture of the water
ibe Steam of Builing Water, baving been bricks. One may easily conceive all the
troublesome confequences of these two
Definition of it having been lately publibed in French, we shall give it our
own proper work.
Ac a little distance from the hot-beds,
I caused to be built of bricks in a proper
place, a little round tower, (Fig. 2.)
clay ; then I filled the tower with billets
b, was above the iron grate H, by which
Over against the mouth at b, was
line, by the pipes, ~, r,'t, , before going
: is placed a c ftern, or little reservoir,
chain which hangs down from the other
This furi of furrase is known by be fome of Athanor. + A fort of difilling vejd.
1755. Description of the Figures for Hot-Beds. jt continues of a necefá Tary height, but descends by degrees as the water is.. made to evaporate by the boiling. By its descent it makes the arm of the beam K, also defcend, and the other marked H to ascend, by which the valve V is opened. This valve being thus opened, the water is thereby let run out of the reservoir into the pipe R pe by which it runs into the alembick, until it rises there to such a height as prevents the buoy from any longer drawing down that arm of the balance, so that the other arm being no longer in a condition to keep the valve open, it Tuts by means of its own proper weight. This contrivance not only prevents the alembick from ever wanting water, provided there be any in the reservoit, but also makes the water in the alembick con tinde always at the fame height, so that it is never in danger of being burnt by the negligence of fervants, nor is it neceffary to take off the head in order to fill it up, which on several accounts would be troublesome.
There is, befides, at the tupper part of the alembick another valve I, covered with little flips E above or below ground to the hot-bed of lead, of such a weight as to enable d, d, d, d, within which the water enters it to refiit any force of the steam less into a fione pipe laid across the hor-bed, than that which wouid make the bead and from thence dividing itself into three Ay off ; for in case the fire fhould become branches, enters into three vivier pipes of tuo violent by the inadvertency of servants, the Yamé fort Taid along. Theie pipes or if by any accident the pipes, fiereafter must be of the thicknefs of those usually to be described, which convey the water made use of fur hagnio's, which the under the hot-beds, thould happen to be stone.cutter must make of s preperiength, Topt up, this valve begins immediately
with a joint to every one, so that as to open and admit of an evaporation, many of them may be joined together as by which the force of the steam thus the length of the hot-hed requires, afier put into too violent a motion is broke, ro which their joints muft be all cemented that it can neither make the head Ay or luted. The demi-cylinder of each of off, nor split the alembick.
these stone pipei, that is to say. their If all alembicks made use of in diftilling upper half, must be made full of little spirits had such valves, the head would holes pierced through them, hy which never fly off by too violent a fire, and those G the neam and the heat may mount up conflagrations would be prevented, which irfto the earth of the hot-bed ; and before are but too often the consequence of such the earth be spread upin chole pipes, accidents,
they must be covered a hand-breadth From the bead there defcends a leaden deep with tanrers bark, which without pipe, r, r, r, which may be carried ejther impeding the evaporation, prevents the
20 Construction of the APPARATUS, &c. Jan moistened earth from falling into and by a wooden spigot and faucet f, which Thutting up the little holes juft mentioned. serves to empty the pipes of that vapour
The three p pe, which are laid along and water with which they are conti. the hot-bed terininate at last in the pipe nually filling, From hence we may conJaid across, reprefented by Fig. 3. from ceive, that the pipes must not be laid the middle of which comes a small pipe level, but ought to incline a little towards 4, whole extreinity comes out at the
the spigot. further end of the hoi-bed, and is stopt