officers should be foreigners as well as the | observing on the great importance of the men; but here it stopped. It was, how- subject. Let the reader consider, that, if ever, asserted by Perceval, that it allowed permanent rank were given to these Gerof foreign officers being employed all mans, and if they were to be enabled to pass through the army; though, I believe, that through the ranks of our army generally, this assertion even, if the occasion had they might hold all the principal comoffered, would not have been repeated. mands. They might have all the rcgi-Be this as it may, however, there is meuts; they might command in all the one clause in the act, which no one can counties; they might form the whole of the torture from its meaning, and that clause military officers in the kingdom; they is complete as to the impossibility of giving might command in the Engineers and permanent rank to the German Officers, Artillery, and might be the governors of without the aid of another Act of Parlia- all the fortresses and garrisons.Really ment. That clause provides expressly, it is time that the subject were discussed, that the Corps and the Commissions of and especially as such persons as the editor the Officers shall cease in twelve months of the Morning Chronicle seem to think after the signing of a treaty of peace with that the measure which has been adopted France: At that time, if it ever come, the is decisive, and requires the sanction of no rank of these men must cease, for their other authority to make it valid. commissions must cease. They can only shall subjoin to this article, one, with hold conmissions in virtue of the Act of little alteration, that I wrote in March last, 1804; that act says, that it shall itself die in order to show what was the law upon in twelve months after the peace; and, of the subject. The reader will here find the course, in twelve months after the peace, Act of 1804 entire, and the rest of the law it will be unlawful for any one of these more fully stated. The battle of SalaGermans to hold a commission in our army; manca will, in all likelihood, have several or any place of trust in this kingdom, civil consequences; but, the reader may be or military. To give them permanent assured that this step with regard to the rank is, therefore, impossible without Germans, if it finally have effect, is the another act of parliament; and, whoever most important of all those consequences. was the adviser of the measure will find, The more it is considered the more its magthat, clever as he may have thought it, nitude will become evident. In the mean he will have to discover some other mea- while, I beg the reader to peruse with care sure to supply its place.The Morning the article which I hereunto subjoin. Chronicle says, that, if parliament had been sitting, the measure would not have passed without remonstrance. Well, then, we shall now see the part which his friends, the Whigs, will act, when the measure comes to be discussed in parliament; for, discussed it surely will be before a law be Upon this subject, which I am glad to passed to allow of these Germans becoming see has been, at last, noticed in the House officers of permanent rank in our army. of Lords, I left two points untouched in my Whether it is meant, that they. shall be last Number; namely, the justification capable of having commissions in the built upon the necessity of the case; and the mililia I know not; but, I must suppose justification built on the Act of Parliament. that it is, for if there be a regulation per- -We will take the last of these first, mitting officers of the regular army, with- for, if what is done be lawful, all that will out any qualification of real property, to remain to do will be to show the necessity go into the militia, the Germans may, of of the law. First, then, there is a law, course, come into the militia from the re- which forbids, and that, too, in the clearest gular army as well as native officers; and and strongest terms, the suffering of any thus it is possible for us to see a very pret-foreigner to hold any place of trust, civil or ty concern of it all taken together. military, under the Crown of this kingdom. yes! The Morning Chronicle need not be And, what law is this? Why, it is one of uneasy. The question will be discussed in the fundamental laws of the realm. It is parliament. The subject for anxiety with that very law, by which, and by which the Chronicle ought to be: how its friends alone, the present Royal Family became will behave in the case of such discussion. entitled to reign here, or to have any au——I cannot dismiss this article without thority whatever in this country; it is, in

O,

WM. COBBETT.

Bolley, 2d September, 1812.

GERMAN TROOPS.

short, that very law by which the Crown [cially as that family would continue to of this kingdom was bestowed upon them. have foreign dominions and subjects, it be-The occasion was this. JAMES II. came necessary to provide, that, after any had been driven from the throne on ac- of that family came to the throne, no focount of his tyranny; his son-in-law, the reigner should have any power of governPrince of Orange, who had married his ing in this country; because, if this eldest daughter, was invited over to fill provision was not made, it was easy to his place, and he with his wife Mary were foresee, that the Hanoverians would soon crowned king and queen of England, Ire- have a considerable part of the power land, and Scotland, under the title of Wil- in their hands, and the people of this liam and Mary; his queen died, leaving no kingdom would have the mortification children; and the Princess ANNE, after- to see themselves domineered over by wards QUEEN ANNE (a younger daughter | favourites from the Electorate. Thereof James II.) having lost her son by death, fore it was enacted: "That after the said and there being no likelihood of either her "Limitation shall take effect as aforesaid" or the king having any more children, it (that is to say, after the family of Hanover became necessary to provide against the should come to the throne) 66 no person contingency of their deaths. James II." born out of the kingdoms of England, had left a son, who, according to lineal "Scotland, or Ireland, or the Dominions descent, was the undoubted heir to the "thereunto belonging (although he be nathrone; but, the nation resolved not to "turalized or made a Denizen, except have him, and to exclude that branch of" such as are born of English parents) the family for ever, notwithstanding its "shall be capable to be of the Privy Counheirship to the throne. They then sought" cil, or a member of either House of out another branch, who were Protestants," Parliament, or to enjoy any Office or and who they thought would do better" Place of Trust, either Civil or Military, than the old branch. James II. was "or to have any grant of Lands, Tenethe son of Charles the first, who was the "ments, or Hereditaments from the Crown, son of James I. That same James I. had" to himself or to any other or others in a daughter Elizabeth, who became by mar- ، Trust for him. "--Such was the proviriage Queen of Bohemia; this queen of sion made, in this respect, for the beller Bohemia had a daughter named Sophia, securing of the rights and liberties of the who, by marriage, became Electress of subject. And, very necessary this proviHanover. She, therefore, next after King sion was; for, though the King would, in William, and the Princess Arme, became | course of time, as it really happened, be heiress to the throne, if the son of James born in England, still he would, it was 11. was set aside, as he at this time was. well known, have dominions and subjects Now this Sophia, mind, was the mother of in Hanover, and it was not for men who GEORGE I. who became Elector of Hanover, had read human nature to suppose, that he and who afterwards became our King.- would not have a very great regard for the In the year 1700, called the 12th and 13th | country of his ancestors, and that he would year of WILLIAM III. when, as was before not have a strong liking for those of his subobserved, there was no longer any pro-jects, who, from the very nature of their spect of immediate heirs to William him- government, would be much more subserself or the Princess Anne, an Act was vient to his wishes than his English subjects - passed, to settle the crown, in case of their | would be. Add to this the inevitable pardying without heirs, on the head of the tialities arising from matrimonial conPrincess SOPHIA, the Electress of Hanover, nexions, running in the same direction, or her heirs. This Act, which for this rea and you will see how necessary this provison, is generally called the ACT OF SET- sion of the Act was, and how necessary it TLEMENT, is entitled, “ An Act for the always must have been.. -But, whatever " further Limilation of the Crown, and bet- was the reason on which it was founded, ، ter securing the rights and liberty of the such was the law. And, now, let us see ، subject. It was not ani Act for merely | whether this law has been changed, and, if conferring the Crown; it was not an Act it has, to what extent.-We are, at prefor merely declaring who should be kings sent, speaking of the law only in as far as it and who should not; but, also, for securing | relates to the Foreign Troops; and, it is the rights and liberties of the people. In | evident, that, according to the Act of Set this Act, therefore, as a foreign family were tlement, no foreigner can be employed as about to be raised to the throne, and espe- an officer in the army, that being a place of

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Germans may now hold places of military trust in this kingdom, I say that it is not lawful for them to hold such places in any but in Corps composed of foreigners, and that to give them commissions in our own native Corps, or upon the Staff, in this kingdom, is a violation of law.--Lord FOLKESTONE and Sir JOHN NEWPORT insisted upon this, in the debate, the remainder of which will be found below. Lord GROSVENOR has since, in the House of Lords, maintained the same, and has said that he is ready so to do against the Lord Chancellor himself.--Lord PALMERSTON, the Secretary at War, and Mr. PERCEVAL, asserted, that the Act of 1804 authorized what had been done, namely, the giving Germans commissions in English regiments and posts upon the Staff.Here, then, the parties are at issue; and, in order to enable the public to judge between Lord Folkestone and Mr. Perceval, I shall here insert the whole of the Act of 1804, which was passed on the 14th of July, the anniversary of the destruction of the Bastile!

military trust, in which the Act so expressly forbids foreigners to be placed. Well, then, has this Act been repealed? No; but, amongst the other good things, which this nation inherits from PITT and his wars against "republicans and levellers," is an Act passed in 1804 to indemnify PITT and his associates for having advised the King to violate the above-mentioned law! The case was this. Hanover, dear Hanover, had been taken possession of by the French; and, great numbers of the Hanoverian army, who had not defended Hanover against the French, but who had laid down their arms and given up their native country without a blow; great numbers of this army found their way to England, and it was judged by Pitt and his set, that these were very fit persons to defend England against those same French; or, at any rate, it was judged proper (for whatever reason) to take these Hanoverians into our PAY! Therefore, the parliament not being assembled at the time, and the affairs of these generous foreigners being very pressing, PITT took them into pay against law, gave commis- -This Act, as the reader will see, was sions to Officers, and inlisted men; and, intended to authorize the King to inlist fowhat is more, made no scruple to take Ro-reigners and to form them into Corps; and, man Catholic Officers, though it is well known, that our own Roman Catholic countrymen cannot become Officers, nor enjoy any place of military trust.. When the parliament met he came and proposed a Bill of Indemnity for what he had done; that is to say, having advised the King to violate the law of the land, he comes and proposes to the parliament to pass a law to Screen him from the punishment due to such a crime; and, without any hesitation the parliament did it, as they did in the case of the forty thousand pounds, which it was discovered the same Pitt had lent to Boyd and Benfield. Here, then, the minister got a protection for having advised the viofation of this great constitutional Act; but,An Act for enabling Subjects of Foreign that was not all; for the same parliament States to inlist as Soldiers in His Majesty's authorized, by the same Act which screened Pitt, the raising of 10,000 foreign troops, Service, and for enabling His Majesty to and the putting of them under the command grant Commissions to Subjects of Foreign of foreign officers.Here is the legal States to serve as Officers or as Engineers, origin of the King's German Legion and the under certain Restrictions; and to indem other German Corps that we have in our nify all Persons who may have advised His pay, and the Officers of which have had, Majesty to inlist any such Soldiers, or grant and yet have, so much authority in this any such Commissions as aforesaid.-Passed kingdom.The Act of Settlement is, July 14, 1804. then, in part done away by this Act of 1804. This we all know; we know, that it is law-dient ful to employ foreigners in places of military trust; but, the difference is this: while I see, and see it with sorrow and shame, that

as the preamble expressly states, he was to be authorized to put foreign officers into those corps, because they were best acquainted with the language and manners of the men. How, then, in the name of sincerity, can it be said, that this Act justifies the putting of such officers into our native corps? Will it be pretended, that they are best acquainted with the language and manners of our men too?——But, here is the Act itself, which, as the reader will see, speaks, from one end to the other, of nothing but Foreign Corps, and leaves not the smallest room for the interpretation, which would extend it to our native regiments, or to the Staff in this country.

Whereas it hath been deemed expe

by His Majesty, in order to provide in the speediest manner for the better Defence and greater Security of the United Kingdom, in the present important

II. And be it further enacted, That it shall and may be lawful for His Majesty, his Heirs and Successors, from Time to

lions, or Corps, so already formed as aforesaid, and to form any other Regiments, Battalions, or Corps, and to that End to inlist as Soldiers to serve in any such Re giments, Battalions, or Corps, any Foreigners who shall voluntarily enter themselves as Soldiers to serve THEREIN: Provided always, that there shall not be, within any Part of the United Kingdom, more in the whole than ten thousand men serving in such Regiments, Battalions, or Corps, at any one Time.

III. And be it further enacted, That it shall be lawful for any such Persons, Sub

Juncture of Affairs, to permit certain Foreigners, now in Great Britain, to inlist as Soldiers into His Majesty's service, and for the better disciplining of such Sol-Time, to augment such Regiments, Battadiers, TO FORM THEM INTO REGIMENTS, BATTALIONS, OR CORPS, and to grant Commissions or Letters of 'Service THEREIN, to certain Foreign Officers acquainted with their MAN'NERS AND LANGUAGE; and it may be expedient, during the Continuance of the present War, to augment such Regiments, Battalions, or Corps, and to form other Regiments, Battalions, or Corps, and to inlist as Soldiers to serve THEREIN respectively such other Foreigners as shall be willing to inlist themselves into His Majesty's Service; and ⚫ also to enable His Majesty to grant Com-jects of any Foreign States as shall be missions or Letters of Service to Foreign Officers THEREIN; and it is proper that all persons who shall or may have advised His Majesty to inlist such Soldiers, ⚫ and to grant such Commissions or Letters of Service aforesaid, should be indemni⚫fied; and it is necessary that Quarters ⚫ should be provided for such Regiments, Battalions, or Corps, during their conti⚫ nuance in any part of the United Kingdom: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all such Foreign Soldiers as have been already inlisted into His Majesty's service, and formed into Regiments, Battalions, or Corps, as aforesaid, shall be deemed and taken to have been and to be legally and effectually inlisted and formed; and all such Commissions, or Letters of Service as have been already granted by His Majesty to any Foreign Officers in such Regiments, Battalions, or Corps, shall be deemed and taken to have been and to be legally and effectually granted, and shall remain and continue in force in like manner in all respects as if such Soldiers had been inlisted and formed, and such Gommissions or Letters of Service had been granted, after the passing and under the Provisions of this Act; and all and every Person or Persons who shall or may have advised His Majesty to inlist such Soldiers, and to grant such Commissions or Letters of Service as aforesaid, shall be, and they and he are or is hereby fully and effectually indemnified; any Law or Statute to the contrary notwithstanding.

willing to serve His Majesty, to inlist as Soldiers, and to accept Commissions or Letters of Service, to serve as Officers or Engineers, from His Majesty, his Heirs and Successors, or from any Persons duly authorized by His Majesty to grant such Commissions or Letters of Service (which Commissions and Letters of Service it shall be lawful for His Majesty, or for any Persons duly authorized in that behalf as aforesaid, to grant :) Provided always, that no such Officer, when he shall be reduced, shall be entitled to receive Half-Pay : Provided nevertheless, that when any such Officer shall be rendered incapable of Military Service by Wounds or Infirmities, contracted while he shall be discharging his Military Duty during the Period of his continuing to serve as such Officer under the Provisions of this Act, then and in such case it shall be lawful for His Majesty to make such Provision for such Officer as he shall think proper and necessary, so that such Provision shall in no Case exceed the Half Pay of the Rank in the BRITISH Service, similar to that which such Officer shall have held at the Time of his becoming so incapable as aforesaid: Provided also, that no such Person as aforesaid shall be liable to any Pain, Penalty, or Forfeiture whatever, for having accepted any such Commission, or inlisted as a Soldier IN ANY SUCH REGIMENTS, BATTALIONS, OR CORPS, AS AFORESAID, by reason of his having professed the Popish Religion, and not having declared the same at the time of his accepting such Commission or inlisting.

IV. And be it further enacted, That all Officers, Non-commissioned Officers, Drum mers, and Private Soldiers respectively

serving under the Provisions of this Act, shall, whilst in His Majesty's Service as aforesaid, be subject and liable to such Articles of War as His Majesty hath established or may think fit to establish for the better Government of the said Forces, and for bringing Offenders against the same to Justice, and for constituting Courts Martial with Power to try, hear, and determine any Crimes or Offences by such Articles of War, and inflict Penalties, by Seutence or Judgment of the same, and may be billeted and quartered, and be received and provided for in Quarters: Provided always, that no Officer, Non-commissioned Officer, Drummer, or Soldier, shall, by such Articles of War, be subject to any punishment extending to Life or Limb, for any Crime which is not expressed to be so punishable by an Act of this Session of Parliament, intituled, An Act for punishing Muliny and Desertion, and for the better Payment of the Army and their Quarters; and for such Crimes as are expressed to be so punishable in the said Act, in any manner or under any regulations which shall not accord with the Provisions of the said Act: Provided also, that every Person who shall be inlisted as a Soldier under the Authority of this Act, shall be attested in such manner as His Majesty shall direct, by such Articles of War and not otherwise; and that such Officers, Non-commissioned Officers, Drummers, and Private Soldiers respectively shall take such oath for their Fidelity, and their Continuance in His Majesty's service, as His Majesty shall in like manner direct, and no other.

Jacobin wars and these Lawyers brought us? If the King, or his ministers, have it' in their power to displace all our native Officers, from the Ensign to the General,' and to put Hanoverians in their stead; if this Act of Parliament gave them the power to do this, then are we in a state to be envied by no nation upon the face of the earth; then are we in a state to excite the pity, or, rather, the contempt, of all those whom we have affected to despise.' For, you will observe, reader, that it is not here a question of degree. If they can appoint one foreigner to command Englishmen, they can appoint a thousand. There is no limit; and, then, again, I say,' we are, at last, come to a pretty pass!Observe, too, that Roman Catholics may, if FOREIGNERS, be commissioned according to this act; so that, you see, if Mr. Perceval's interpretation hold good, Roman Catholics may possess all the offices in our army; they may command in all our districts; they may enjoy all the places of military trust in the kingdom, not excepting the governorships of the forts and castles. Yes, if Mr. Perceval's interpretation of the Act be good, Baron Bock or Baron Linsingen might be appointed Lieutenant of the Tower of London, and I do not know that they might not be appointed Lords Lieutenants of Counties, for that is also a place of military trust. In short, if that interpretation be admitted, the Act of Settlement, as to its most important provision, is no more, and we are exposed to all the dangers that it was intended to prevent. -At the time when this Act was passed, it was strongly protested against by Mr. FRANCIS, Mr. H. HUTCHINson and Mr. PETER MOORE; but, none of these gentlemen anticipated the use that has since been made of it. Little did they imagine, that it would be made the ground whereon to introduce German Officers Such, reader, is the Act of Parliament, into our own regiments and to put German which has been interpreted to mean, that Generals to command English districts. foreign Officers may be put into English re- In one stage of the Bill, the Secretary of giments, and that they may also be placed War said: "that as this was only a meain the command of the several districts of "sure for providing for a certain number this kingdom; in short, it has been inter-" of brave men, who had been forced to preted to mean, that the whole of our re- "leave their own country, he hoped the Bill gular army may be legally put under the " might proceed in its course.' He did command of Hanoverians or other foreign- not point out the particular instances in ers; and that, every part of this kingdom which this bravery had been displayed, may be legally put under the command of nor did he explain how the people had the same persons. I say, with Lord been forced away from their own country; Folkestone, that the Act means no such but, at any rate, it was in this humble tone. thing; but, if it did, to what a pass are we that the Hanoverians were introduced. come? To what a state have these Anti- We were then told of their distresses; of

V. Provided always, and be it further enacted, That this Act shall continue in Force during the present War, and until one Year after the Termination thereof, by the ratification of a Definitive Treaty of Peace, and no longer.