" 46 "three questions which naturally sug- "to attempt it?" of knowing fully the opinions which pervade the rank in which I serve. It was surely true Political Union; but let no man think that those who refrained from doing so, cared less for the interests of their country. I, for one, made no such public avowal of my opinionsfor I knew it to be an infringement of military law; but I was one who watched with trembling anticipation the movements of the people of Birmingham. We knew well the position in which we might be placed should events require the physical action of the community; for while we ventured to hope that any collision between the civil and military forces would be prevented by the moral energy of the former, we could not help betraying a fear that the unprincipled and lawless, who are ever either more or less to be found, might take the opportunity of the turning of affairs to commit outrages on property, in which instance we would certainly have considered ourselves, as soldiers, bound to put down such disorderly conduct. This, I say, we would certainly have felt to have been our duty; but against the liberties of our country, we would have never, never, never raised an arm! The Scots Greys have honourably secured a high character in defence of their country, and they would be the last to degrade themselves below the dignity of British soldiers in acting as the tools of a tyrant." that a few sent their names to the roll of the For this disobedience of orders, SoMERVILLE was imprisoned, in order to his being tried by a court-martial for his disobedience. It from the appears, statements in the DISPATCH, that SOMERVILLE is a man of excellent character; that this was his first offence; that he was rather exemplary than otherwise in his general behaviour. After he had been imprisoned for this disobedience of orders, it is stated that he was brought before Major WYNDHAM, his commanding officer, and questioned by him relative to the letter in the DISPATCH, "of which he at once acknowledged himself to be the author, re-avowing all the "On the arrival of the Dispatch at Birmingsentiments that it contained. Directly ham, where the Scots Greys were stationed, it afterwards he was taken before a court- became known to Major Wyndham, the commartial, tried for the disobedience of or- manding-officer, that A. Somerville was the ders, and sentenced to receive TWO writer. That shortly afterwards he was sent HUNDRED LASHES; one hundred of for by Major Wyndham, and privately subjected to a series of interrogatories with respect which were laid upon him, and the other to the letter which he was reported to have hundred reserved for future infliction; written; that Major Wyndham demanded of or, at least, no mention is made of that him whether he was not the author of the libel on the Scots Greys, which had apother hundred having been matter of peared in the Dispatch,' to which Somerville pardon, of which I shall speak by-and-at once frankly answered he was the writer of by, when I come to notice what GRANT the letter alluded to, but that he did not conand little HoвHOUSE said upon this part sider it any libel. "That on this Major Wyndham broke out of the subject. I will now insert this into a strain of great abuse of the letter, demost interesting debate, and then sub-claring the sentiments it contained to be join such remarks as the occasion abominable and inflammatory-calculated to encourage the Political Unions, which, he pears to me to demand. said, were illegal, and the mob, to break the peace, which it was the duty of the military to preserve; that Somerville had, in writing it, been guilty of treason to the King, by whom he was paid; that soldiers had no right to form opinions on any political subject whatever; and that their only duty was obedience. MILITARY FLOGGINGS. ap Mr. HUME presented two petitions-one rom the National Political Union, St. George, Westminster, taking notice of the flogging of a soldier of the Scots Greys, and praying inquiry; the other was from Mr. Smith, the Editor of the Weekly Dispatch. This latter detailed the case of Somerville, a private in the Scots Greys, who had, under colour of another offence, but in reality for having declared certain opinions in the Dispatch, been tried by a court-martial, and sentenced to receive two hundred lashes. The sentiments he had declared were these." As a private of that regiment, I have certainly the means "That Somerville replied, that he could not see how there was any treason in saying that the Scots Greys would never fight against the liberties of their country; that he considered soldiers were not paid by the King, but by the people, and sworn only to be faithful to the King in his capacity of Head of the People; that he thought it had been admitted by his Majesty's Ministers that there was nothing illegal in the Political Unions, constituted as they had hitherto been; and that so far from wishing to encourage the mob to violence, he had said, in the letter complained of, that he and his comrades would, under any circumstances, consider it to be their duty to put down all outrages on property. "That Major Wyndam still persisted in pronouncing Somerville to have been guilty of most unjustifiable conduct, and dismissed him with these emphatic words :-' But, my lad, you are now where you will repent of it." "That five minutes after this preliminary interrogation, Somerville was arraigned before a court-martial, for the disobedience of orders before mentioned, and, being found guilty, was sentenced to receive two hundred lashes on his bare back. "That two hours after, one hundred of the number of lashes awarded were inflicted upon him in the presence of the assembled regiment, and that he now remains in confinement, awaiting the infliction of the remainder of this most cruel and ignominious punish ment. "That Somerville had never before been tried or punished for any offence whatever, having always conducted himself with inimpeached correctness and steadiness." ceeded to quote several cases of severe punishment, to show that it hardened men. In one instance a man received 300 lashes, and then snapped his fingers at the colonel, and told him he should never get another day's work out of him. (Some laughter.) Honourable gentlemen might laugh, but if they had not hearts as hard as stone, he would make them laugh, before he had done, at the other side of their mouth. He proceeded to read several other cases from Mr. Shipp's work, proving that men of high character, who had suffered flogging for breaches of discipline, because degraded in vice, or sunk in despair, sought refuge from disgrace in drunkenness, and not unfrequently in suicide. He had frequently brought this subject before the House, and found his proposition resisted; but he now begged to say, that he was ready to prove his statements either at the bar of the House, or in committee. When it was considered that a soldier of the Scots Greys, of the name of Somerville, was sentenced to receive 200 lashes for an offence which he never committed; that he had received 100, and was lying in the guard-house, subject to receive the second hundred when he has recovered the effects of the first Mr. R. GRANT said, by law this could not be. Mr. HUNT said, he spoke from a petition before the House. But at least this case happening so recently, made the subject more worthy the immediate attention of the House. He then proceeded to read from Mr. Shipp's work, when he was interrupted by Mr. ROBINSON, who said that the hon. Member had promised to state facts; but he was occupying the whole time of the House in reading written pamphlets. He submitted to the Speaker whether or not this was in order. Mr. HUNT prayed the indulgence of the House, while he brought this subject under the notice of the House. He was sure that it was not more reprobated by humanity than it was injurious to the service. He regretted that it was not taken up by those able men who formerly had brought this question under the notice of the House. He could say nothing on this subject from his own authority; and should say it before the House on the authority of facts stated by others. He had heard with disgust and horror of the treatment of our army. Fifteen years ago he remembered The SPEAKER said, he could not correctly that two privates of the 15th Dragoons, com- define the limits within which a gentleman manded by the Duke of Cumberland, he would be allowed to read. He could only say, believed, put themselves to death to escape that since he had been placed in that chair flogging. He should advert to a letter ad- he had never heard so much time occupied in dressed to the honourable Baronet, the mem-reading, and so short a time in speaking. The ber for Westminster, by a man who had been 40 years in the army, and a drummer for eight years, and during those eight years he had been employed thrice a week in flogging others. This letter was addressed by Mr. Mr. HUNT did not wish to inflict any puShipp to Sir F. Burdett, and was called "Anishment on the House, or overstep the bounds Voice from the Ranks." Mr. Ship was ready of discretion; but on a point of so much imto substantiate all the facts he had mentioned portance, he thought it necessary to draw the on oath at the bar of the House. There were attention of the House to the facts stated by officers, members of the House, well ac- Mr. Shipp, and he had avoided troubling the quainted with Mr. Shipp, but there were bet- House with any of his reasoning. He was ter amusements than listening to such debates, not aware there were any limits, for some and they were not present. Sir John Malcolm years ago he was sitting in that gallery, when knew Mr. Shipp. The honourable Member Sir John Cox Hippesley occupied upwards of proceeded to quote from Mr. Shipp's letter, two hours in reading a pamphlet, written by which stated that he never had been flogged himself, on the subject of Catholic emancipahimself. Flogging he described as well cal- tion. He then proceeded to a statement of culated to eradicate every honourable feeling. Mr. Shipp, that an abuse had crept into the He had never known more than one man army, which he (Mr. Hunt) considered ilrecover his honourable feelings who had once legal; namely, giving the soldier the option been flogged. The honourable member pro- of receiving a certain number of lashes, or hon. Gentleman would of course consult the feeling of the House, and would regulate by his own discretion the time to be devoted to reading. abiding the sentence of a court-martial. In a soldier had the option given him of receivJersey, it appeared that some soldiers were ing punishment without a court-martial, or of sentenced for desertion to receive each 1000 taking the chance of a court-martial with a lashes; and, as if that were not sufficiently higher rate of punishment. Such a thing horrible, the serjeant was to count five be- might have been once; but he could take on tween each lash. Nine lashes, of which the himself to say that no such thing now existed. cat was composed, with three knots on each Neither was it correct to say that soldiers were lash, would make 27,000 lashes the result of secretly punished; the courts-martial at which 1000 stripes, and the whole punishment occu- they were tried were public proceedings; and pied three hours and twenty minutes; the as to their punishment taking place in secret, sufferers fainted several times under the lash. that was frequently the case with sentences Not a drop of water was allowed to the soldiers pronounced by civil courts; and had nothing during this torture. He deprecated the prac- to do with secrecy of prosecution or of trial. tice, not merely on account of its inhumanity, With respect to the general question, howbut because he believed it to be productive of ever, he was not able to discuss with the hon. the most injurious moral effects ou the cha- Gentleman: because it was well known what racter of the soldier, and to be subversive of his opinions were he had taken an opportuall real discipline. He should, therefore, uity of publicly declaring those opinions since bring forward a proposition, which he trusted he had taken office. And his honourable would meet with the support of his Majesty's Friend the Member for Middlesex was mis-Ministers. He had long been anxious to get taken if he supposed that he (Sir J. Hobrid of this punishment. The present Speaker house) had changed his opinions in any was Judge Advocate for seven years during degree. Allusion had been made to the case of the war, and when he left that situation the a soldier at Birmingham; but it was quite standard of flogging was very different to what an error to suppose that soldiers were it was when he first took that situation. The punished by instalments. Now, with respect commanders seemed then to consider it a to the form of the motion, he had some doubt feather in their caps to report that they had as to that; the King might, if he pleased, do wery little occasion to resort to corporeal pu- what was proposed in this motion, but it nishment. He hoped that was the case now, would be exceedingly irregular, and without but he regretted much to hear of such cases precedent; and after the articles of war had as that recent one at Birmingham, and those once passed this House, and been signed by which were constantly occurring in Birdcage- his Majesty, he did not conceive that the walk. He appealed most sincerely to the Se- right way of producing an alteration in them cretary at War, who had at different times was by an address to the Crown. The hon. exerted his talents on this subject to support Gentlemau was mistaken if he supposed that his motion, which was, that an humble address nothing had been done towards showing a be presented to his Majesty, that he might be disposition on the part of the War-office to graciously pleased to suspend all corporeal pu- lessen the amount of the punishment. With the nishment in the army until next session of Par-consent of the Judge Advocate-General and of liament; that would give them an opportunity of trying the experiment. He desired no credit for himself, and was ready to yield all to his Majesty's Government. ever the Commander-in-Chief, he had succeeded in having the new articles of war so drawn up, that the greatest number of lashes that could be inflicted by an ordinary court-martial was reduced from 300 to 200, and by a garrison court-martial from 500 to 300. This showed the spirit by which he was actuated; and he therefore trusted that, after the statement he had made, the honourable Gentleman would not Mr. HUME seconded the motion. Experience had proved the necessity of adopting such a plan. The statements of Mr. Shipp were well worthy the attention of the House, as he doubted not they were perfectly correct. He was one of the most gallant soldiers the armypress his motion any further. ever had, (cheers,) and had led five forlorn hopes in India. Mr. Shipp admitted, how-flogging in the army was objectionable, and ever, that when he left the army the system was somewhat improved. Mr. R. GRANT-How long is that? Sir J. HOBHOUSE had nothing to complain of in the tone in which the hon. Member for Preston had thought proper to bring forward his motion. The statement of the honourable Gentleman, however, had been made up of facts relating to the previous state of the army -the honourable Gentleman appearing altogether to have lost sight of the present state of the army. But independently of this consideration, there were some of the honourable Gentleman's facts in which he was mistaken; for instance, it was inaccurate to suppose that Mr. ROBINSON thought that the system of he was prepared to support the motion of the hon. Gentleman. Colonel EVANS also supported the motion, and thought that it was iù time of peace that they ought to endeavour to make the experiment. Mr. KEMMIS recommended that the power of inflicting the lash should be taken away from regimental courts-martial, aud that instead they should have the power of sentencing to imprisonment and hard labour. Mr. R. GRANT doubted whether the House could accede to this motion in point of form. Colonel DAVIES said that when he first entered the army, there was a horrible system of punishment, which he thanked God was done away. He perfectly agreed with the hon. | for this reporther a great deal of sensiMember for East Looe, who recommended ble and well-founded praise, which I that regimental courts-martial should be de prived of the power of inflicting corporeal give, not only ungrudgingly, but with punishment; and he hoped that in the next great pleasure. Faith! we were wrong Mutiny Bill a provision would be introduced in being impatient to get rid of this to that effect. He said it with great regret, Parliament! It seems to be destined to but he was apprehensive that the discipline of "work well" yet. To be sure, it has its the army could not be maintained if corporeal punishment were wholly abolished. death before its eyes. It has a cancer Sir JOHN BOARKE hoped, that at a time that must kill it at no very distant day: when the character of the Commander-in-it sees that it is time for it to make up Chief, and the disposition of officers generally its long account: it is somewhat like a to reduce the number of corporeal punishments were so well known, and when in the returns person, placed in a situation too delicate to the War-Office the colonel of the regiment to be named; but, no matter, if it in which the smallest number of punishments" work well," as it has done in this had occurred obtained the greatest credit, the hon. Member for Preston would not press his case, let us not lament that it is not already dead. motion. Mr. HUNT replied; and pressed for the adoption of the motion, in order to show the disposition of the House. A division then took place. For the motion ..... Majority.. 33 15 -18 I need not make any remark upon the conduct of this WYNDHAM (one of the EGREMONTS, I suppose); I offer no opinion as to the effect which SOMERVILLE'S politics might have in the producing of this work upon his back. I will not insult your understandings, my friends, by attempting to suggest to you the conclusions which you ought to draw in this case; but, in the first place, cordially thanking the EDITOR of the DISPATCH, for the part which he has here acted, and especially, for this his excellent petition; and, in the next place, expressing my boundless gratification at the result of the debate, I proceed to make some remarks on what was said, agreeably to the report during the debate. The little Secretary at War, who, peeping out under the armpit of his great master, used, like SANCHO, poking his head out from under the shield of DON QUIXOTE, to squall so incessantly against military flogging, seems to have been devilishly put to it. "He had done a good deal;" he had "reduced the three hundred lashes of the regimental court-martial to two hundred ;” he had reduced the "five hundred lashes of the garrison court-martial to only three hundred;" without, however, prescribing the weight of the cat, the length of time between the lashes, and without any limit as to the number of times that a punishment should be inflicted. He denied that SOMERVILLE Could be brought out to receive the other hundred lashes. GRANT said, that it was contrary to law and little HOBHOUSE said, that HUNT was mistaken in supposing that punishment could be inflicted by "instalments." Now, I, who was eight years. in the army, who was a serjeant-major six years of the time, have seen men The reporther, whom I have had so receive their flogging at twice, at thrice, often to call LIAR, new-negro, and and I remember a man, named Valenbeast, has at last put forth a publica- TINE HICKEY, who received his flogging tion, which really does make atonement at four instalments; and I am sure, that for a considerable part of his enormous no law has ever been passed to prevent sins. These paragraphs which he gives that practice. When a man was parus under the name of HUNT, are excel-doned a part of his punishment, which lent; they are principally the words of was very frequently the case, he ceased others, to be sure; but, in my opinion, to be a prisoner, and the pardon was. they are all the better for that; they announced to him. are good in themselves: they were HUNT was mistaken, in one respect; well-timed the matter was well stuck but it was a mistake on the other side; to, and the result was such as to earn for, he said, that each of the nine lashes had three knots; whereas, each of the nine lashes has nine knots; and he omitted to state, because he did not know, and indeed, could not know, that, in addition to the pain of the flog. ging, the flogged man has to PAY THE DRUM-MAJOR FOR THE USE OF THE CATS! If that be not the practice now, the practice is changed; for I, having the paying of two companies of the regiment for several years, have, many times, had to pay the drum-major for the cats, and to charge the sums to the flogged men, in their two-monthly accounts. is reported to have said, that the discipline of the army could not be supported without some flogging. He, too, wished the motion to be withdrawn. HUNT stuck to his motion, and insisted upon a division, in order, as he said, to show the disposition of the House! Fortunately the House showed, that it had in this case a good disposition. There were not many members present, to be sure; but there was a majority of two to one against the flogging, though the Secretary at War wished the motion to be withdrawn. And, now, what will the Ministry do? Besides, it is all nonsense to talk of The address must go the King; or else the number of lashes. The whipcord all is become a mockery; and the King may be large or small. Ours used to will give an answer of course! If I were be as thick as the very thickest twine Minister, I should look upon myself as made use of to tie up stout and heavy being that which I will not describe, if parcels. The knots were about the size, did not advise the King to give an as nearly as I can recollect, of a dwarf answer expressing his readiness to act marrow-fat pea; and the length of the agreeably to the wishes of the House, lash was, I think, about fifteen or six- and the wishes of the people in this reteen inches. These lashes were tied on pect; for, there is now, not one single upon a stick or handle of about eighteen man in the whole kingdom, of common or twenty inches long. Then, observe, mercy, who does not feel a deep interest besides the weight of the cat there is the in this matter. And do the Ministers length of time between the strokes. If duly estimate the effect which will be the operator go on quickly, he has not produced upon the soldiers by this vote the power to lay on a blow so heavy. of the House of Commons? It is now The drummers used to do the flogging; only eight-and-forty hours since the they were always stripped for the work, vote passed; and there is not a barrackand each, by turns, laid on his twenty-room in the kingdom, in which it has five lashes, and then another came. not already been talked of. If the MiBesides these things there is the strength | nisters will be pleased to look at the of the operator to be considered. All very faithful, the very plain, the perthe difference in the world between a lash laid on by a boy and a lash laid on by a stout man. So that the whole is arbitrary; it is a matter, that it is utterly impossible to subject to the regulations of law; and it as childish to talk about the number of lashes, as it would be for me to talk about the number of plum puddings that I mean to give to the chopsticks of SUTTON-SCOTNEY, without specifying any thing as to the weight of them. Little HOBHOUSE pressed HUNT hard: if one were to judge of the debate from the report, he was almost ready to go upon his knees to him to withdraw his motion. Colonel DAVIES, good man, the patriotic member for WORCESTER, fectly unornamented facts, which I have related above with regard to the manner of flogging, will they not perceive, at once, that it must of necessity be, with every soldier, a matter next in importance to the salvation of his soul? Must they not perceive, that every soldier will be now looking to WHAT THE KING SHALL NOW DO; and must they not perceive what must inevitably be the ultimate result, if the King do nothing in consequence of this address! It is not for me to say, and I will not say, what I think that result would be: but I will say this, that if I had a desire to behold that which the Ministers must have the strongest desire to prevent, I should wish the King to be |