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60

PROCEEDINGS of the POLITICAL CLUB, &c. Feb.

it at the highest price with his money. An officer's rank in the army, let it be what it will, I must therefore look on as his property; and this houfe ought to take care, that no man fhould be ftript of his property, unless he has been guilty of fome very great crime, or fome heinous neglect of duty.

A

But, Sir, with regard to the ftaffofficers, I do not know how a cuf. tom has prevailed in the army, that they are at the abfolute difpofal of the colonel of the regiment, and B that he may, whenever he pleases, degrade them of the preferment they have thus purchased, and reduce them into the ranks, that is, reduce them again to the state and condition of a common foldier. When this custom was first intro- C duced I cannot determine; but I think it was never eftablished by any article of war, before the year 1747, when our ufual articles of war underwent many and great alterations, most of which were unneceffary even for the ftricteft difci- D pline, and could ferve no purpose but that of vefting an abfolute and defpotick power in the chief commander of our army. In that remarkable year, indeed, this power of a colonel's reducing a non-commillioned officer to a private centi- E nel, by his fole and abfolute authority, was flipt into our articles of ,war, and now ftands, I think, in the 16th article of the 15th section, relating to the administration of justice; which provides, that no commiffioned officer fhall be cafhiered, F or difmiffed the fervice, except by his majesty's order, or by the fentence of a general court-martial, approved by him, or the commander in chief appointed by him; but that non-commiffioned officers may be difcharged as private foldiers, G and may, by the order of the colonel of the regiment, or by the fentence of a regimental court-martial, be reduced to private centinels.

Now, Sir, this is really granting to the colonel a more arbitrary and greater power over the staff-officers in his regiment, than his majesty has over the commiffioned officers in his army; for tho' his majefty may cafhier fuch an officer by his fole authority, he cannot reduce him to a private centinel. If any fuch officer be cashiered, he is abfolutely dif miffed the fervice, and may betake himself to fome other employment, or go into foreign fervice; but if a colonel takes a diflike, however whimfical, however unjuft, to any ftaff officer in his regiment, he may reduce him to a private centinel, and oblige him to ferve, perhaps during the rest of his days, as a common foldier, in that very regiment where he once had a command; which is certainly a more fevere punishment than that of difcharging him from the fervice. And tho' a ferjeant or corporal of foot be commonly reckoned but a mean employment, I must obferve, that a quarter-mafter of dragoons is but a taff officer, and yet it is a post that I have know fold for 400 guineas, and a poft that no gentleman, not otherwife provided for, would difdain to accept of.

From hence we may fee, Sir, what a dependent flavish ftate all the non-commiffioned officers of our army are in: Is it proper that any British fubject, efpecially thofe of our army, fhould be continued in fuch a flavish ftate? Is it necessary for the fervice? If any non-commiffioned officer fhould really be guilty of any crime, any neglect of duty, or any difrefpect towards his colonel, can we fuppofe, that a regimental court-martial would not punish him as feverely as he deferved? Why then leave in the colonel of a regiment, fuch an absolute and arbitrary power over that property, which men have purchased by their merit in the fervice of their country? But, Sir, it is not only

the

61

POLITICAL CLUB, &c. efpecially that of reducing a staff-officer to a centinel, but by the sentence of a court-martial.

1751. PROCEEDINGS of the the property of fuch officers, but their perfons, and the perfon of every foldier in the army, that by custom are in fome measure under the arbitrary power of the commanding officer, or at least of the commander in chief of an army. I do not fay, A that the commander in chief can by cuftom order a staff officer or foldier to be put to death, or difmembered, without the fentence of a courtmartial; but without any fuch fentence they have fometimes been very feverely punished; and this is a power which ought not to be trufted, I think, with any man whatsoever, efpecially as the offender may be immediately confined, and very quickly brought before a court-mar

tial.

I

B

C

What is the end of punishment, Sir? Not merely refentment or revenge, hope: Is it not, ought it not always to be inflicted as an example and a terror, for preventing others from being guilty of the like offence? How can it anfwer this end, when the offence is not publickly and certainly D known? Is not this always the cafe, when it is inflicted by the fole arbitrary authority of the colonel, or commander in chief? He may publifh his reafon for punishing, and he may affign a juftifiable reafon; but mankind generally and rightly em'brace the maxim, that every man ought to be prefumed innocent till he is proved guilty. The army will therefore reafon thus with themfelves: If this was the true reafon, why was not the man tried by a courtmartial? Why was not the fact there proved against him? They will therefore conclude, that the reafon af figned was not the true reafon; and they will probably fuppofe a reason not much to the honour of him who ordered the punishment to be inflicted. Thus, Sir, a colonel or a commanding officer fhould, for the fake of his own character, as well as for the fake of example, never order any punishment to be inflicted,

Let us confider, Sir, that the fuccefs of our armies in time of war, depends as much upon the bravery of our common foldiers, as upon the bravery and conduct of our officers; and that it is this alone which makes our troops fuperior to any equal number of thofe of France; for without being accufed of difre. fpect, I believe, I may fay, that the French officers are equal to our own both in conduct and courage. For this reafon we fhould take care not to depreciate that which is the chief incitement to bravery in our common men. What is this incitement ? An halbert, Sir, is almost the only reward, the highest preferment that common foldier can expect. While this continues dependent upon the mere whim of a colonel, can it be fuch an incitement as it would be, were a man infured of holding it during life, unless justly deprived of by a fair trial before a court-martial, for fome heinous crime or neglect of duty?

a

it

Befides, Sir, I think, that for the fafety of the commiffioned officers in our army, this power which the colonel has over the ftaff officers of E his regiment ought to be abridged. Suppofe a colonel fhould conceive a pique againft fome captain in his regiment, and fhould bring him to be tried by a court-martial for fome pretended military crime, which might affect his honour, if not his life: The witneffes against him would probably be two or three ferjeants or corporals of the fame regiment; and when they know that they muft either fwear against the captain accufed, or be reduced to private centinels, and obliged to ferve for ever after as common foldiers in the regiment, could fuch a captain depend upon his innocence? could he expect that the crime would not be fully proved against him?

G

62

PROCEEDINGS of the POLITICAL CLUB, &c.

This is therefore, Sir, a power,
which may be of the most dangerous
confequence to every officer in our
army, below the rank of a colonel ;
and if we add to this, the power
affumed by the commander in chief,
to inflict fevere punishments by his A
Tole authority, we muft admit, that
all the ftaff-officers and foldiers of our
army are in a more flavish subjection
than this houfe ought to endure any
innocent British fubject to be in.
For this reason, Sir, I have prepared
a claufe to be added by way of rider B
to the bill now before you, for pro-
viding, that no non-commiffion of-
ficer fhall be cafhiered or reduced
to a private centinel; and that no
officer or foldier fhall be punished,
but by the sentence of a court-martial;
therefore I fhall conclude with mov-
ing for leave to bring it up.

This Motion being feconded, and the
Claufe brought up and read, Q.
Confidius, ftood up and spoke in
Subftance as follows:

Mr. Prefident,
SIR,

Feb.

company fuch ferjeant or corporal is wanted; and a man's knowledge of the exercife, his diligence in performing his duty, and his bravery, are the qualifications that ufually recommend a common foldier to be a

corporal, or a corporal a ferjeant. But there are likewife other qualifications neceffary, and qualifications that cannot be known till a man comes to be tried; therefore both the colonel and captain are often mistaken in their man; and when they find themselves fo miftaken, it is abfolutely neceffary for the good of the fervice, that the colonel should have an unlimited power to reduce him again to a private centinel. Nay, a captain may find that he has got a very incapable or troublesome ferjeant C or corporal into his company, and yet it may be impoffible for him to make his incapacity or troublefomencfs appear by proper proofs, to the fatisfaction of a court-martial.

I must likewise observe, Sir, that as bravery, activity and diligence D are neceflary for recommending a foldier to the rank of a corporal or ferjeant, fo it is neceffary, that after he is advanced to that rank, he fhould continue to be as brave, active, and diligent as ever he was before; and yet, when he is advanced to the rank of a ferjeant, which is, perhaps, the fummit of his defires, or at least of his hopes, he may very naturally grow lazy and indolent, or perhaps in the day of battle take more care of his life than is confiftent with his duty. For which reafon I think it is neceflary for the fervice, that fuch officers fhould always remain under the apprehenfion of being reduced by their colonel, if they are guilty of the leaft cowardice, negligence or misbehaviour.

HOPE, I have as great a regard
to the liberties and properties of
the fubject as any gentleman in this
houfe; but I think, that the liber-
ties and properties, and even the re. E
ligion of the people of this kingdom
depend upon our preferving a strict
difcipline in our army; and therefore
I fhall always be extremely cauti-
ous of introducing any new regula-
tion, or abolishing any old cuftom
relating to our army. The power F
which the colonel has over the fer-

jeants and corporals of his regiment,
1 mean the power of creating and
reducing them whenever he pleafes,
is a power coeval with our army;
and while we have an army, I think,
it is neceffary that it should fubfift. G
In advancing a common foldier to
be a corporal, or a corporal to be a
ferjeant, the colonel generally takes
the advice of the captain, in whofe
Mr. HC--y.

Whatever notions fome gentlemen may have of abfolute power, Sir, it has been thought neceffary in all countries for preferving fubordination and difcipline in an army. In the Roman commonwealth, from its

very

1751. PROCEEDINGS of the very first original, the generals of their armies had a moft abfolute and unlimited power over every officer and foldier in the army. They could not only prefer and reduce, but punish even with death itself, by their fole authority, and without the fen. tence of any court-martial. The ftory of Manlius, who put his own fon to death for fighting the enemy against his orders, is fo well known, that I need not put gentlemen in mind of it. Not only particular men, but whole armies were among the Romans fubject to be punished by the fole and abfolute power of their general; for we read that Appius, in the very infancy of that commonwealth, caufed every tenth man in his army to be whipped, for flying from the enemy; befides punishing fome of the officers with death. And, I believe, there is now no country in the world, where their armies enjoy fo much freedom, or fo much fecurity against being oppreffed by their commanders, as both the of ficers and foldiers of our British army enjoy.

A

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POLITICAL CLUB, &c. impartial a judge as any regimental court-martial can be fuppofed to be. As this has always been the practice in our army, Sir, I muft prefume, that the hopes of an halbert will be as great an incitement for common foldiers to behave well, as it could be, were the claufe now offered made part of this bill; for when once they have got an halbert, they are now fure of keeping it as long as they perform their duty, and furely, no gentleman will defire that Bthey should hold it any longer. But if this claufe fhould be paffed into a law, I am afraid it would have one of these two bad effects: The staffofficers would truft fo much to this fecurity, that they would behave negligently, and if courts-martial acted with rigour, more of them would be cafhiered or reduced, than ever were fo by our colonels: On the other hand, if courts-martial did not act with rigour, and never punifhed one, unless he was guilty of fome heinous crime or egregious D neglect, the pofts of ferjeant or corporal would become a fort of civil employment, and would, I fear, be too often fold to the highest bidder which would in a fhort time render our army little better than a com. mon militia.

C

But in this, Sir, as in most other things, there is an extreme, there is a ne plus ultra; for if you extend this freedom and fecurity too far, you will deftroy all difcipline and fubordination in your army; and IE am afraid, that what is now propofed will be running into that extreme, without fo much as a pretended neceffity; for tho' this power of reducing staff officers to private centinels has been enjoyed by every colonel in our army time out of mind, yet there has never been fo much as one complaint of its having been made a bad ufe of, or applied to any wicked purpofe; and indeed, if it is ever exercised, it is always at the defire of the captain of the company to which the ferjeant or corporal belongs, and after an examination into the complaints against him; fo that the colonel really acts as judge in the affair, and is as good and as

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As to the danger which officers under the rank of a colonel may be expofed to, by ftaff-officers bearing falfe witness against them, at the inftigation of their colonel, it appears to me to be altogether imaginary; for the danger of fuborning witneffes to give falle evidence is fo great, that no colonel, nor any one for him, would ever attempt it; and fhould he attempt it, and fuc ceed fo far as to find two or three men abandoned enough to undertake it, by being examined apart, and Gartfully crofs queftioned, the falfhood of their evidence would probably ba detected, and they punished for their perjury, which could hardly fail of bringing on a difcovery, or at least

64 CAUSES of the Increafe of ROBBERS.

a ftrong fufpicion of the fubornation; and no colonel under fuch a fufpicion could expect to hold a commiffion in the army, as it is, and I hope, will always be in the king's power to difmifs fuch a colonel from the fervice; for the officers of the A army, as Cæfar faid of his wife, fhould be not only innocent, but free from fufpicion.

Feb.

As a Pamphlet has been lately publifhed, intitled, An Enquiry into the Caufes of the late Increase of Robbers, &c. with fome Propofals for remedying this growing Evil, &c. By Henry Fielding, Efq; our Readers may be curious to fee fome Extracts from it, which we shall give them as follows:

T

Then, Sir, as to what the Hon. gentleman obferved about the end of punishment, he fhould confider, that reducing a ferjeant or corporal B to a private centinel is not properly a punishment, but the removing a man from a poft which experience has fhewn him not to be fit for; and that experience must be known to the whole regiment, as well as to the colonel of the regiment, or the captain of the company he belongs to. Should a ferjeant or corporal be guilty of any crime, or of any criminal neglect of duty, the colonel would not certainly content himself with removing him, but would order him to be tried by a regimental court-martial, in which cafe the of fence would be proved, and the pu nishment would be an example; but when no fuch criminal matter is alledged against him, when nothing is alledged but only a natural stupidity, or a natural want of understanding, E drunkenness, and the feveral laws we which renders him unfit for any thing in the army above that of a common foldier, there is no occafion for any proof, or for any punishment by way of example.

HE author, in his preface,

fhews the difference between the circumstances in which our commonalty of old were, and those they are now in; and that by this means the conftitution of our government is altered from its antient ftate.

As to the book itself, he divides it into cleven fections: In the firft he confiders the too frequent and expenCfive diverfions among the lower kind of people; and he fhews, that while thofe diverfions are confined to perfons of fuperior rank, they can do no great mifchief; but that it is the bufinefs of the politician to prevent the contagion from fpreading to the ufeD ful part of mankind; and that this is likewife the bufinefs even of perfons of fashion and fortune, that the labour and industry of the reft may adminifter to their pleafures, and furnish them with the means of luxury.

To conclude, Sir, the power which the colonel has over the flaff officers, has fubfifted for above 60 years, without any complaint of abufe; and as no one can know what may be the effect of abolishing it, I hope the Hon. gentleman will excuse me, for denying my approbation of the clause he has been pleafed to

offer.

[This JOURNAL to be continued in our next.]

In the 2d fection he confiders

have for preventing it; and he obferves, that the executing of those laws, has been fo long neglected, that it is not poffible for the magiftrate to revive them, without a new law, which is the more neceffary because F a new fort of drunkenness has lately fprung up amongst us; which will infallibly deftroy a great part of the inferior people, meaning that poifon called gin. Therefore he advises fome new and more effectual law againft drunkennefs, "For, fays he, tho' the increase of thieves, and the destruction of morality; though the lofs of our labourers, our failors, and our foldiers, fhould not be fufficient reasons, there is one which feems to

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be

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