57 1755. JOURNAL of the PROCEEDINGS and DEBATES in the POLITICAL CLUB, continued from p. 17. In the Debate begun in your last, the next S there is no gentleman A whose opinion in any quef B when any act of military power is exercifed by virtue of prerogative only, we are to judge of the objection after the power has been exercifed; whereas, in the other cafe, we muft judge of the objection at A the time of granting the power; for after the power has been once granted by act of parliament, it is too late to fay, that there was no neceffity for the exercife of fuch a power, or for exercising it in fuch a manner; and every one, I believe, will allow, that neceffity is the only good plea for every fort of military power, either at the time it is to be granted, or at the time it is to be exercised; but fuch is the weakness of human forefight that this plea can never be fo clearly judged of at the time of granting, as it may be after the power has been exercifed. And as we can fo little forefee what neceffity there may be for any military power proposed to be granted, or what effect it may have when granted, we should be the more cautious of granting any military power by fuch a bill as this now before us, which feems to be defigned as a perpetual law, or at least to endure as long as we fhall have an Eaft-India company. C tion relating to our laws or conftitution, I have a greater reliance upon, than that of the Hon. and learned gentleman who fpoke laft, he has turnished me with an argument against the bill now under confideration, which I think altogether unanswerable. If his majetty can, by his prerogative, exercise mar tial law in any place beyond fea where he has occafion to keep an army, or any number of troops, or if he can impower the Eaft-India company to do fo, what neceffity is there for our pafing an act for that purpofe? On the contrary, Sir, I think, we should never país any act for that purpofe, becaufe if martial law is at any time, or in any place; D to be exercifed, it is better, and much fafer, both with regard to our conftitution, and with regard to thofe fubject to it, that it fhould reft fingly npon the authority of prerogative, than upon the authority of an a&t of parliament; for thofe entrusted with the execution, of any power established by virtue of a prerogative only, will always act with more caution, than when the power is established by virtue of an act of the whole legiflature; and the objection againft every fort of military power, is, left it fhould be fo exercifed as to become of dangerous confequence to our conftitution, or oppreflive upon thofe that are fubjected to it. This is always a very material objection, Sir, and the great difference is, that E I fhall grant, Sir, that in the Roman republick, whilst they had any army in the field, the general of that army had a moft abfolute and arbitrary power; and the instances which the learned gentleman was pleafed to mention, muft fhew how dangerous it is to grant fuch a power to F any one man; but whilft that republick continued in full vigour, no one of their armies continued long in the field, and, the moment they returned to the city, they became free from every fort of military power. Their diftant conquets, indeed, obliged them at laft to keep armies on H foot PROCEEDINGS of the POLITICAL CLUB, &c. Feb. pre A 58 attack'd. Then, indeed, every man in the colony becomes fubject to martial law; but this is never practifed but in time of danger, nor continued longer than there is a just cause of fear; for otherwise it would be a juft ground of complaint against the governor, and a malverfation for which he would certainly be removed, if not punished. From whence we may fee, that the exercifing of military power or martial law, ftands upon the very fame footing in all our colonies in America as it does here at home; that is to fay, it is exercised only by virtue of the prerogative royal when neceffity requires it, and can be justified only by that neceffity; and yet most of our colonies have carried on heavy wars, and fome of them have repelled dangerous invafions, without any martial law established by an act of the British legiflature; for with refpect to the establishing and regulating a militia in each refpective colony, they have a power to make, and every one of them, I believe, have made laws of their own for that purpose. Whether the Eaft-India company have a power to make fuch laws, with regard to their fettlements in the East-Indies, is not worth our while to enquire, Sir; because the crown may certainly grant them fuch a power, and as certainly will grant it as foon as defired, and it is their fault if they do not make a proper ufe of it when they have it; therefore I cannot comprehend why they should come to parliament for fuch an act as is now propofed. This gives me a fufpicion that fomething more is intended by this act than at first view appears, either by the directors of that company, or the directors of thofe directors. However ridiculous the learned gentleman may think it to imagine or apprehend, that a perpetual mutiny act in the Eaft-Indies may be made a precedent for fuch another here at home, the apprehenfion is, in my opinion, far from be ing 1755. PROCEEDINGS of the POLITICAL CLUB, &c. B 59 ing without a very folid foundation. he was very much obliged to our The fame arguments may be made company for fending over recruits ufe of, for fuch another perpetual law for the troops under his command: with regard to Gibraltar and Minor- The choice of fuch men was really ca: The precedent may next be ex- fo prepofterous, that it gives foundatended to all our colonies and planta- tion for fufpecting its having been tions in America: From thence, it A done with defign, in order to furnish may be wafted over to Ireland, efpe- a pretence for fome fuch bill as this cially if the parliament and people of now under our confideration. What that kingdom fhould become a little effect fuch a law may have in the refractory to any worthlefs tool, Eaft-Indies, I fhall not pretend to dewhom an overbearing prime minifter termine; but if fuch a law were made here may be pleafed to put in au- with regard to any one of our colothority over them: And from Ireland nies in the Weft-Índies, and a milithis precedent may eafily make its tary establishment thereby fet up, to way to Great-Britain. At the time fubfift in time of peace as well as of the revolution, I believe, few, if war, I will fay, that it would in a any supposed, that the parliament few years prove the ruin of the cowould ever confent to the keeping on lony, or render it an eafy prey to foot in this island a standing army of the French or the Spaniard; for near 20,000 men even in time of the C commercial men and military men most profound tranquility. Such an never did, nor ever can agree: Inapprehenfion would then have been duftrious tradesmen and idle foldiers treated as too chimerical even for an always defpife one another; and the inhabitant of Bedlam; yet who will latter where-ever they are established, now fay, that fuch an apprehenfion will affume, or at leaft endeavour to would then have been either chimeri- affume the government. This procal or groundless? And perhaps the D duces frequent wranglings and a pertime is not very remote when we shall petual jealoufy, fo that they can be convinced by experience, that the never cordially agree in pursuing any danger of this law's being made a one measure either of offence or deprecedent for fuch another here at fence; and that this may not be the home, was not fo chimerical as it confequence in the Eaft-Indies we is now represented; for that fome- have no proof from experience; for thing more is intended than is now the few troops we fent thither during expreffed, I am induced to fufpect, the laft war, remained such a short from every late circumftance of the while in the country, and had fo little company's affairs in the East-Indies. to do with the affairs of the company whilst they were there, that no judg ment can from thence be formed, of what may hereafter happen, from F our having a continual military establishment in that country. Indeed, it is hard to guess for what purpose those troops were fent there, unless it was to convince the natives either of our want of conduct, or of our want of military force; for they were too few in number, and too fcantily provided of every thing neceffary in war, to fucceed in the defign they were faid to have been fent on; and I with this may not be I fay, Sir, from every late circumftance; for whatever powers the company have by their charter, whatever fort of power they exercife over their troops in the Eaft-Indies, it iş certain, that those troops have hitherto behaved extremely well; and if any of their common foldiers have lately deferted to the French, it is owing to the company's having fent Swifs recruits to that country. It was fo natural to fuppofe that fome of them would defert to the French, that M, Dupleix faid, when he heard of it, that E G H 2 the 60 PROCEEDINGS of the POLITICAL CLUB, &e. Feb. the cafe of our now intended embarkation; for of all weak measures that of ftarving a warlike measure is the most foolish, the most ignominious and most deftructive. cular notice of it, when they had the few troops kept up by that king under their confideration, and not only voted them a publick nuisance, but fent one of their members to the tower for faying, that the king might keep guards for the defence of his perion? Or can we think that our coroners would not have taken notice of the death of fuch a foldier, and have had it brought in murder by their inqueft; as they were then as well as now, chofen by B the county, and confequently cannot be fuppofed to have been at that time much under court influence ? From hence, Sir, and from the filence of all our hiftorians, we have, I think, great reafon to conclude, that, from the year 1660, to the year 1689, or at least until after Monmouth's rebellion, there was no continued exercife of martial law, and yet the troops were not only kept in good enough order, but under exact difcipline, as appeared from their behaviour prefently after, both in D Ireland and in Flanders. Thus, I think, it must evidently appear, that fo far from there being at prefent any neceflity for fuch a new law, as is propofed by this bill, there never can be any neceflity for fuch a law confequently, I must think myfelf under a double obligation to be against it, first, because it is a new and unneceffary law, and fecondly, because it is for a new and unneceffary extenfion of martial law, therefore I moft heartily give my negative to its being committed. But fuppofing, Sir, our being fully convinced from experience, that the A company's exercifing martial law in the Eaft-Indies, could be attended with no bad confequence to their affairs in that country, yet it could be no argument for our paffing this bill; because it ought to be a rule with every legislative affembly, never to make a new law which does not appear to be abfolutely neceffary; and if this be a general rule, it ought furely to be most religioufly adhered to with refpect to any new law for extending the exercife of military power. What neceffity can C there be for the new law now propofed? In time of war it is allowed, that his majefty may, by his prerogative, impower the company to exercife martial law; and in time of peace there can never be a neceffity for the exercife of any fuch law; becaufe even regular troops may be kept under ftrict enough difcipline in time of peace by the civil power; as we may be convinced from the behaviour of the company's troops in the Eaft-Indies, and from the behaviour of our troops here at E home, in the reigns of Charles and James II. when I am convinced no martial law was ever exercised; unless it was during the two Dutch wars, and during the infurrections in Scotland or that under the duke of Monmouth in England. The of ficers might take upon them to correct the foldiers, perhaps pretty severely, for little irregularities or neglects of duty; but if any foldier had been shot or feverely whipt by the fentence of a court martial, can we think that the long parliament in Charles the Second's reign, afterwards called the penfionary parlia ment, would not have taken parti F G ; The next that Spoke in this Debate was C. Cæcilius, whofe Speech was to this Effect. Mr. Prefident, LTHOUGH I have not long Ahad the honour of a feat in this auguft affembly, I have had the CY. plea |