(a copy of which I herewith transmit) and to whom the accompanying letter from Mr. Peel was written by my direction. In compliance with his request, I now fulfil the assurance which I have given of stating to you my opinion of the ability and judgment which Mr. Henry has manifested on the occasions mentioned in his memorial, and of the benefit the public service might derive from his active employment in any public situation in which you should think proper to place him. I am, Sir, your most obedient humble servant, (Signed) LIVERPOOL. To Sir George Prevost, Bart. &c. OFFICIAL PAPERS. ENGLAND. Declaration, relative to the Orders in Council.-Dated, Westminster, 21st April, 1812. not less ruinous to the commerce of his dominions, than derogatory to the rights of his crown, His Majesty has endeavonred by a restricted and moderate use of those rights of retaliation, which the Berlin and Milan Decrees necessarily called into action, to reconcile neutral states to those measures, which the conduct of the enemy had rendered unavoidable; and which His Majesty at all times professed his readiness to revoke, so soon as the Decrees of the enemy, which gave occasion to them, should be formally and unconditionally repealed," and the commerce of neutral nations restored to its accustomed course.- -At a subsequent period of the war, His Majesty, availing himself of the then situation of Europe, without abandoning the principle and object of the Orders in Council of Nov. 1807, was induced so to limit their operation, as materially to alleviate the restrictions thereby imposed upon neutral commerce. The Order in Council of April, 1809, was substituted in the room of those of November, 1807; and the retaliatory system of Great Britain acted no longer on every country in which the aggressive measures of the enemy were in force, but was confined in its operation to France, and to the countries upon which the French yoke was most strictly imposed; and which had become virtually a part of the dominions of France. The United States of America remained nevertheless dissatisfied; and their dissatisfaction has been greatly increased by an artifice too successfully employed on the part of the enemy, who has pretended that the decrees of Berlin and Milan were repealed, although the decree affecting such repeal has never been promulgated; although the no The Government of France having, by an Official Report, communicated by its Ministers for Foreign Affairs to the Conservative Senate on the 10th day of March last, removed all doubts as to the perseverance of that Government in the assertion of principles, and in the maintenance of a system, not more hostile to the maritime rights and commercial interests of the British Empire, than inconsistent with the rights and independence of neutral nations; and having thereby plainly developed the inordinate pretensions which that system, as promulgated in the Decrees of Berlin and Milan, was from the first designed to enforce; His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, deems it proper, upon this formal and authentic republication of the principles of those Decrees, thus pub-tification of such pretended repeal distinctly licly to declare His Royal Highness's determination still firmly to resist the introduction and establishment of this arbitrary Code, which the Government of France openly avows its purpose to impose by force upon the world, as the Law of Na-has at length laid aside all dissimulation; tions. From the time that the pro- he now publicly and solemnly declares, gressive injustice and violence of the French not only that those Decrees still continue in Government made it impossible for His force, but that they shall be rigidly exMajesty any longer to restrain the exercise ecuted until Great Britain shall comply of the rights of war within their ordinary with additional conditions equally extralimits, without submitting to consequences (To be continued) described it to be dependent on conditions, Published by R. BAGSHAW, Brydges-Street, Covent-Garden. VOL. XXI. No. 24.] LONDON, SATURDAY, JUNE 13, 1812. [Price 1s.. "One of the greatest privileges enjoyed in this country, is the freedom of expressing our opi "nions on all subjects; but, if such horrid acts are to be perpetrated, this country can be consi"dered as little better than those where despotism prevails. Whatever differences of opinion may "exist on any one subject, every man has a right to entertain his own opinions, to express what he "feels, and to act accordingly."- -Mr. PONSONBY's Speech in the House of Commons, 13th May, 1812. 737] [738 hundreds of pounds, and, I believe, to find SUMMARY OF POLITICS. sureties too. He was sentenced by the FLOGGING SOLDIERS. -The very sight same Judges that I was. The proprietors of these two words will call to the reader's of the Examiner, who had copied Mr. recollection the ground of my having been Drakard's article, were also informed in this place for two years all but one against and tried; but they, as the public month (the term ending on the 9th of July); will recollect, were acquitted.-Neverit will call to his recollection the ground theless, the subject of flogging was still upon which I was, by a Special Jury, destined to be discussed. SIR FRANCIS found guilty of what was called a libel; BURDETT, that true friend of the people, upon which I was, by the four Judges of whether dressed in red or grey coats, was the King's Bench, sentenced to be impri- not silenced. In the winter of 1811, he soned in this jail of Newgate for two years, brought the subject before the House of and after that time, to pay a thousand Commons; through his means discussion pounds TO THE KING, and to be held to was thus revived in a way which has not bail in the sum of five thousand pounds for yet exposed men to punishments. He, seven years, making altogether nine years while in the Tower, had had occasion to of my life. The article for writing which see what flogging was; he spoke with the this punishment was inflicted upon me, and more confidence on that account; his for printing and publishing which the speeches were published by those who printer (though he suffered judgment to go dared not express their own thoughts upon by default) was imprisoned for three the subject in print; and the effect upon months, and two publishers for two months the public mind was such as might have each; that article contained what the public been anticipated. -But, how did all this very well recollects respecting the flogging help the soldier? Why, though, in the of some of the Local Militia at the town of first place, it was met with a high and disEly, who were sentenced to receive 500 dainful tone, the government, aye, even lashes each, in the summer of 1809, upon the ministry of lawyer Perceval, thought which occasion German Troops were em- it prudent to introduce into the Mutiny Act ployed in order to reduce the Local Militia of 1811, a clause, which, as they explained to submission.Having reminded the and construed it, was to have the tendency reader of these things, I have now to call of lessening the quantity of flogging in the his attention to what has, since my impri- army. They had, over and over again, sonment, taken place as to the great ques- asserted, that all was right; and Perceval tion of flogging soldiers. -I was sent to himself had, in a particular manner and prison on the 9th of July, 1810, a year and with great vehemence, contended, that eight days after the publication of the ar- there was no more flogging than was neticle, the prosecution having been going on cessary; but, they now thought it prudent against me for nearly the whole of that to introduce a clause into an Act of Parliatime. In some months afterwards a prose-ment, calculated, as they declared, to lessen cution of the same sort was begun against the quantity of that punishment.Mr. Drakard, the proprietor of the Stamford News, for having published an article somewhat similar to mine. He was found guilty by a special jury at Lincoln, and sentenced to be imprisoned in Lincoln jail for 18 months, and to pay a fine of some -When the subject was again revived by SIR FRANCIS BURDETT, during this present session of parliament, he was told, that the clause in question had already done much, and that it was in progress every day. Still, however, he insisted upon the neces sity of abolishing the flogging altogether," The Commander in Chief judges it exand proposed a clause in the new Mutiny" pedient to transmit to you, with the enAct to that effect. The clause was rejected;" closed documents, a few observations on but, it became manifest, that the tone of ["the salutary effects with which it is reathe government and its supporters was "sonable to hope that an occasional recurgreatly changed. During the progress rence to the powers with which you are of this Mutiny Bill there arose some pretty "thereby vested will be attended; amongst angry discussions in consequence of Mr." which the most obvious advantage is that Brougham's attributing, in some measure, "of limiting the operation of Regimental the relaxation in the punishment TO ME. "Courts-Martial strictly to the purposes There was a violent outcry against this in "for which they are designed by the Lethe Honourable House. It was strongly "gislature, viz. for inquiring into such reprobated, that the soldiers should be disputes and criminal matters as may taught to look TO ME for redress, instead come before them, and for inflicting corof looking to their officers. This outcry, "poral or other punishments for small ofthis alarm, excited a good deal of mirth in "fences; and in order to prevent the posthe country. "Just as if," people said, "sibility of any misunderstanding on this "there could be any ground to fear, that" "the soldiers would look up for redress to 66 a man whom the Judges of the King's "Bench have sentenced to be imprisoned" "in a jail where felons are confined! Just "as if the soldiers would look up to such a man for a redress of their grievances!" "And especially while they have so many "officers to take care of them and see them "righted!" People were very merry upon the subject. They did so laugh at the idea of an alarm lest the soldiers should" important point, it is his Royal High"ness's command, that on no pretence "whatever shall the award of a Regimental Court-Martial hereafter exceed .. The Commander in Chief has command"ed me to take this opportunity of stating, that there is no point on which his Royal Highness is more decided in his opinion, "than that when Officers are earnest and "zealous in the discharge of their duty, "and competent to their respective stations, a frequent recurrence to punishment will look up to me.- However, while this" not be necessary.-The Commander in was going on, no opportunity appears to "Chief is confident, the Officers of the have been lost by the government or by" Army are universally actuated by a spirit the military officers in the Honourable" of justice, and impressed with those senHouse, to assert, that flogging was actually "timents of kindness and regard towards become less frequent.- But, about the "their men, which they on so many occatime that we are now adverting to, some- "sions have proved themselves to deserve; thing of greater consequence took place." but his Royal Highness has reason to apThe Commander in Chief sent, as it now "" prehend, that, in many instances, suffiappears, a circular letter to the Command-"cient attention has not been paid to the ing Officers of Regiments, the manifest ob- "prevention of crimes. The timely interject of which was to discourage the practice "ference of the Officer, his personal interof flogging. I should, however, here re- course and acquaintance with his men mind the reader, that, in the year 1808," (which are sure to be repaid by the solSIR FRANCIS BURDETT moved for a return "diers' confidence and attachment), and to be laid before the House of all the flog-" above all, his personal example, are the gings which had taken place in the army for only efficacious means of preventing milia certain previous period. This motion tary offences; and the Commander in was rejected with high disdain; but, it ap- "Chief has no hesitation in declaring, that pears, that, since that time, returns of all "the maintenance of strict discipline withthe floggings are regularly made, by the se- "out severity of punishment, and the supveral regiments, to the Commander in" port and encouragement of an ardent and Chief, who has, thereby, the means of "military spirit in a corps without licenjudging of what is doing in each regiment" tiousness, are the criterions by which his in the way of flogging. At the time of "Royal Highness will be very much guidthe parliamentary discussions, to which I "ed in forming his opinion of the talents, have last alluded, the Commander in Chief" abilities, and merit of the Officers, to caused, it seems, the following circular "whom the command of the different regiletter to be sent to the commanding of- "ments and corps of the army are conficers of regiments.- "CIRCULAR.- "fided.—I have the honour to be, Sir, your "Horse Guards, 25th March, 1812.-Sir," very obedient humble servant.' I have seen it stated in some of the newspapers, that the blank is filled up with 300 lashes. But, that, I think, must be impossible; for, the letter says, that the powers of regimental courts-martial are to be confined to the inflicting of punishment for small offences; and, as has been stated on the authority of Mr. BARON MASERES, a soldier was killed by the infliction of 170 lashes, while that gentleman was Attorney General in the Province of Canada, it having become his duty to prosecute the officers, guilty of the act, for murder.However, this we see clearly, that the above Circular had for its chief and most excellent purpose, the further diminution of flogging in the army. This is quite clear, and, while I do not wish to withhold from the Commander in Chief any part of the praise due to him for having endeavoured to inculcate the principles contained in this Circular letter, justice to Sir Francis Burdett and to us who have had the honour to fight under his banners in this cause, not forgetting Mr. Brougham, demands that I should point out, that this Circular is dated about ten days after the discussions in parliament last alluded to and the revival of those discussions in the Register, as will be seen by à reference to the latter for the month of March last.It has always been contended by the supporters of the flogging system, that that punishment is necessary, and that no more of it was laid on than the necessity of the case demanded. But, here, in this Circular, the Duke of York says pretty plainly, that too much of it has been laid on, and that he expects to see less laid on in future. He does more than this; for he says, in language too plain to be misunderstood, that those Commanding Officers who cannot "maintain strict discipline "without severity of punishment," shall not have his favour; or, in fewer words, that he will not promote floggers. This is coming to the point; and the reader may be assured, that it is a point that will be attended to.Indeed, what can be more just than the principle inculcated at the close of this letter; namely, that the fitness of an officer to command a corps is to be judged of by his supporting due subordination without severity of punishment? This principle applies to all government. It requires neither talents nor virtue of any sort to govern by mere force. Any fool can be a despot or tyrant at the head of a nation, a regiment, or a family; but, to govern with gentleness, requires wisdom as well as a just mind. The brutal and bloody tyrants of Africa are as stupid as they are ferocious; but, they are exceedingly well obeyed; no rulers govern with more complete authority. Now and then, however, they lose their own heads all of a sudden. This is as it ought to be, and as nature says it shall be: he who governs solely by the principle of fear, shall cease to govern the moment that that fear is overcome by any one of those who are under his tyranny. Would that this principle of the Duke of York were generally adopted in the world! Would that rulers of all sorts and sizes would learn and be thoroughly convinced, that to govern by fear is to ensure their own final destruction; would that they would learn, that those who fear their fellow man always hate him at the same time, and that, sooner or later, they seldom fail to endeavour, at least, to obtain revenge. To return to the flogging (for that is the subject to stick to), there is another great point which has been gained for the soldier; and that is, a declaration, officially made by the Judge Advocate General, that to bring a man out twice to be punished under the same sentence is UNLAWFUL; that is to say, that it is UNLAWFUL to inflict on a man, at twice, or more times, the lashes which he has, at one court-martial, been sentenced to receive. This practice, the practice of flogging a man till the surgeon declared his life to be in danger; then putting him into the hospital; and when his back was healed, bringing him out again to receive the rest of his sentence, or as much more of it as he could stand; this practice, it is notorious, was common in the army. I have seen the thing done myself many times. And, indeed, no one will pretend to deny, that it was what may be called a common practice. -This practice, which has lasted for so many years, is not now merely to be discontinued; it is not merely discountenanced; it is not put down by the public feeling and voice; it is not got rid of by a side wind measure in parliament: but, it is declared by the lawofficer of the army to be ILLEGAL; and, of course, it has always been ILLEGAL, though general throughout the army. And to whom does the reader attribute the gaining of this point for the soldiers? Why, certainly, to Sir Francis Burdett chiefly, and after him to us who have written upon the subject; for, otherwise, how comes the law, in this respect, never to have been known before? The people of this country have been paying Judge Advocate Generals for these hundred years past ; and equip, according to law, and hold in readiness to march at a moment's warning, their respective proportions of one hundred thousand militia, officers included, to be apportioned by the President of the United States from the latest militia returns in the department of war; and, in cases where such returns have not been made, by such other data as he shall judge equitable. Sec. 2. And be it further enacted, That the detachment of militia aforesaid shall be officered out of the present militia officers, or others, at the option and discretion of the constitutional authority in the respective States and territories; the President of the United States apportioning the general officers among the respective States and territories, as he may deem proper; and the commissioned officers of the militia, when called into actual service, shall be entitled to the same pay, rations, and emoluments as the officers of the army of the United States. and yet, for a great many of those years, it has been the practice throughout our army to inflict a flogging, in many cases, at two or three spells. This is now declared to be unlawful; and, of course, many hundreds and thousands of poor men have been unlawfully flogged. Did the Judge Advocate, did the government, know of this? Did they know, that this unlawful practice was in vogue? Did they know that the soldiers were frequently flogged contrary to law? If they did, what are we to think of them? And, if they did not, what but our exertions, our honest discharge of our duty and our perseverance; what but these have now introduced this practice to their knowledge? MR. CHARLES ADAMS may wince as much as he pleases; he may crack his jokes upon my lodging," as he so willily called it; he may scold about the soldiers being taught to look up to me for a redress of their grievances, instead of looking up to their own officers; he may do this as long as he likes, but he will not be able to do away the facts, that their own officers did not discover, that to give them a flogging at twice or three times was unlawful; and that this discovery has been made since I began to write upon the subject of flogging, and, indeed, since I have been in this priThese are facts that Mr. Charles Adams will not be able to do away by any witticisms that he can put forth upon the subject of my imprisonment, though those witticisms should always be honoured with the approving laugh of that Honourable Body to which he belongs, and to which Perceval did belong.- Here I should stop for the present; but there has just come to my hand another great and most striking proof of the salutary effects of our labours in this cause; namely, an Act pass-Act for calling forth the Militia to execute ed by the American Congress expressly put ling an end to flogging in the American Army! This is a most glorious proof of the power and utility of the press when used for the good of mankind. I will first insert the Act, word for word, and will then offer some remarks upon it. son. Sec. 3. And be it further enacted, That the said detachment shall not be compelled to serve a longer time than six months after they arrive at the place of rendezvous, and during the time of their service the noncommissioned officers, musicians, and privates shall be entitled to the same pay and rations as is provided by law for the militia of the United States when called into actual service. Sec. 4. And be it further enacted, That the President of the United States be, and he hereby is authorized to call into actual service any part, or the whole of the said detachment, in all the exigencies provided by the constitution; and the officers, noncommissioned officers, musicians, and privates of the said detachment shall be subject to the penalties of the Act, entitled, "An the laws of the Union, suppress insurrections, and repel invasions, and to repeal the Act now in force for those purposes, passed the twenty-eighth day of February, one thousand seven hundred and ninety-five;" and if a part only of said detachment shall be called into actual service, they shall be taken from such part thereof as the PresiAn Act to authorize a detachment from the dent of the United States shall deem proMilitia of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorized, to require of the Executives of the several States and territories, to take effectual measures to organize, arm, per. Sec. 5. And be it further enacted, That in lieu of whipping, as provided by several of the rules and articles of war, as now used and practised, stoppage of pay, confinement, and deprivations of part of the rations shall be substituted, in such manner as hereinafter provided. |