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to be examined for a higher rank. By the lice or partiality--but they passed, merely new code the time at school was not defined because the rules had been better known by years, but a certain course of educa- at home than abroad; and if Mr. Monton was to be fully gone through, and af. tague's claim had been disallowed finally, ter that four years were to be served at sea they should at once have returned to their before an examination could be given. original rank. An ollicer of the name of It happened that just a month before the Jenkinson had passed, and since got a enactment of the new order, the old one had lieutenancy, but this was merely because pased the council, in the routine of busi. at the navy office they had not the same ness. This was in 1806. The lords of the ad- scruples as in the Mediterranean. He miralty did not give full being to the new hoped that now the statement had been academy, so as to abrogate the old, till laid plainly before the House, no miscon1808; thus the fwo were in being toge- ception could exist upon the subject. ther, but the laws of service in each were Admiral Markham was surprised at the still applying to the different classes of assertion of his hon. friend, that the admi. persons. An order was issued to prevent ralty was not in the habit of investigating mistakes on this point, and guarding to the grounds upon which certificates were those who served under the old rules, their granted by the navy board. On the conprivilege of passing after three years ser- trary, such an examination was the pecusice at sea. At this time Mr. Montague liar duiy of the admiralty, and he could presented himself to the examining cap- affirm, that it was a duty never over-looklains on the Mediterrancan station, they ed upon any application for promotion, conceiving themselves to be acting under while he had the honour of being a memthe new code, would not examine him on ber of that board.
ber of that board. The appointment of less than four years' service. Admiral Jenkinson upon the 11th of December, sp Montague applied to lord Mulgrave, with soon after his examination on the 7th, was the zeal becoming a father-his lordship naturally calculated to excite conversabaid the case before the admirally counsel, tion out of doors, where the refusal of Mr. and it pronounced him inadmissible. Montague's promotion was inuch talked Lord Mulgrave, feeling the case one that of, and particularly in consequence of pressed on the individual, requested admi- some difference that was known to exist zal Montagve to make his own statement, between the first lord of the admiralty and and submit it to the counsel. It was sub- admiral Montague, the father of the genmitted, and the same judgment passed on tleman alluded to in the motion. The it as before--still, every effort was made hon. officer contended, that there was no to draw up the latent justice of the thing, order in council that warranted the de. and a case was drawn up by himself (Mr. mand of four years service afloat, to quaWard), which was laid before the attorney lify for a lieutenancy. This probably and solicitor general. The day on which
was an arrangement of the first lord of the the hon. bart. gave notice of motion, was admiralty, who was known to be very forbefore the opinion was returned from ward to act for himself on subjects of those lawyers--and he (Mr. Ward) had which he could know little or nothing, taken it upon him only to advise his post- and who, in the case under discussion, reponing it; in this he was wrong; for his ferred to lawyers, instead of referring to plain course would have been to let the his professional colleagues. Indeed, it was motion be made, and then state to the understood, that in this case the first lord House, that the papers were still before took a course directly opposite to the unacounsel. It was but two days ago, that nimous opinion of all his professional colthe opinion of counsel was given in favour leagues. "If this were not the fact, he .of Mr. Montague's claim; and at that called upon the secretary of the admiralty time ord Mulgrave took occasion to say, to deny it. that he would have great pleasure in al. Mr. Croker vindicated the conduct of the
lowing bim to be examined, with a prior- admiralty, and denied that there was in ity of date, corresponding to the time at any person belonging to that board any which his examination should have taken disposition of hostility towards admiral place. Some cases had been mentioned Montague. We (said Mr. Croker) referof others, to whom no delay had occurred. red his case to our counsel, Mr. Jervis; From the tenor of the hon. bart.'s. lan- his opinion was against the claims of adguage, be was convinced that there was miral Montague. We then called upon an idea of imputing the difference to ma- the gallant admiral to furnish us with his
own statement of his own case, drawn up , cessary, of himself and the board of admiby his own hand; the gallant admiral did rally, no matter which, for the hon. gent.
The last statement given in was refer- had done the board the honour of identired by us to the attorney and solicitor fying them with himself. He spoke as general ; their opinion was in favour of big as the first lord of the admiralty might the young man's claim. Gentlemen then, do, but certainly would not; and as if he must see that it could be a question of no had been himself at least one of the lords, ordinary difficulty, when three counsel of it was nothing but “we did this," and such great professional authority differed" we ordered that”-our opinions, and upon its merits.--We did not think fit to our orders, our counsel, and what not. decide upon it ourselves, not being all of To be sure, the hon. gent. had some preus professional men. Some of us were, tensions. He had not been idle since he to be sure, more immediately connected came into office. He had been the means with the navy as a profession than others of converting a venerable old gentleman, of us were-we were not all lawyers, and for whom he (Mr. W.) had great respect, therefore we thought it expedient to refer into a young and enterprising sea-officer, the case to legal opinion. A gallant ad- and major Cartwright, who was of his Mamiral (Markham) bas thrown out a broad jesty's army, was then, according to the insinuation, as if all the professional lords hon. gent., a rising lieutenant of the royal of the admiralty differed generally from navy; nor had the official exertions of the opinions of the first lord. The gal. the hon. gent. stopped with the living. lant admiral bad even asked me if I could He was resolved to be grateful to those deny it? I do deny it; and this I take to who died in their country's service, and be a sufficient answer to the question put to promote them if he was to raise the to me by the gallant admiral.—The hon. dead for it. gent. then proceeded to contend with great Mr. Croker replied, that he was for a warmth that the adiniralty were well dis. long time at a loss to make out what the posed towards admiral Montague, and well hon. gent. meant by imputing to him laninclined to grant him every favour they guage that had never fallen from him; but could. There was not a person at the he now found that the object of the hon. board that did not feel so disposed towards gent. was to make a joke, and therefore the gallant admiral.
he must forgive him, though the joke was Mr. Whitbread said, that one would not, after all, a very good one. At the imagine from the great warmth the hon. same time he must request of that hon. gent. had displayed, that he differed gent. the next time he intended to make all the time from those who supported the jokes, not to ground them upon misrepre. present motion. There had been no in-sentations of what had been said by him. tention of charging the admiralty, with -After some further conversation, sir C. any hostility towards admiral Montague. Pole agreed to withdraw his motion for The hon. gent. had told them that they the present, on an understanding that the were not all lawyers at the board of Ad required accommodation would take place. miralty. This certainly was comfortable intelligence in these times, when official departments were so over-run with law. yers : the first lord of the treasury a law
Thursday, March 22. yer, the chancellor of the exchequer a (TROOPS ON FOREIGN SERVICE.) The lawyer, a secretary of state a lawyer, and Earl of Darnley rose, in pursuance the secretary of the admiralty a lawyer. of the observations he had previously There were lawyers enough in all con- made, on the subject of the great numbers science, though to those who were strangers of our military forces which had been sent to the peculiarity of the hon. gent.'s pro- abroad of late, on various expeditions. nunciation, it might appear that he had it was pretty confidently reported, that rather singular notions of what was, and almost all the regular infantry were about what was not professional, as that hon. to be sent out of the country; and that gent. had spoke so much of parsons not even a regiment of cavalry was sending to being professional men (a laugb), though Spain or Portugal, which might speedily, he (Mr. W.) believed that those reverend in the event of re-embarkation, find it gentlemen were generally considered as necessary to cut the throats of all the such. The hon. gent. had entered into a borses, He could not understand on what warm defence, that was altogether unne- grounds an opposition to the motion be
HOUSE OF LORDS.
had to submit could be supported, as the country, he would not support it; motions of a similar nature had not been but he thought it calculated to produce to negatived. It was, in his judgment, highly the country beneficial information, and pecessary to carry the motion, in order should therefore give it his vote. to shew the country what use the govern. On the question being put, the House ment had made of an immense military divided, when there appeared, non conestablishment, and in what situation they tent 38, content 28, Majority against had now, by their improvidence, left the the motion 10. country. His lordship concluded by mov- (EXCHANGE OF PRISONERS OF War.) ing for accounts of all the regular infantry, Lord Holland stated the strong imprescavalry, and artillery, sent out of the sions made on his mind, when he first saw country on different expeditions from the tbe accusation preferred against our goIst of Nov. last up to the present time. vernment by the government of France,
The Earl of Liverpool was not averse to that we had refused to enter into a negoputting the House in possession of all ciation for the exchange of prisoners. material information on any important This was a charge which, even with the subject, except where the nature of the decided opinion he entertained of the case was such as to render it impolitic, views and conduct of ministers (and a with reference to the interests of the coun- worse opinion of their administration than try, to do so. He did not feel that any he had, no man entertained), he could very serious danger could result from the not bring himself to believe founded in production of the accounis moved for ; fact. He lamented deeply the melanbut must still think, that on a general view choly circumstances that had of late atof the subject, it would be impolitic to tended the progress of the war, which give information to the enemy of the num. had assumed features so much worse than ber and distribution of our forces at home, we had been accustomed to see in modern and in different parts of the world. The times, in the conflicts of civilized nations. expeditions which the noble earl so much He had certainly been willing to believe, disapproved of, had not been so planned and he had thought without undue preor conducted as to neglect or impair the judice, that the departure from civilized general security of the country, which practices, which had so strongly marked had never been left out of consideration recent hostilities, particularly in the case under all the particular circumstances of of prisoners of war, was more owing to different periods. He felt it, on the whole, the conduct of the enemy than to that of his duty to oppose the present motion. our own government, as he was too well
Earl Grey contended, in defence of the aware of the entire indifference manifestmotion, that it was by no means founded ed by the emperor of France, to subjects op any novel or unprecedented principle; of this nature. The first notice of this and that it was necessary, in order to ob- matter that came before him was in the tain a just view of that situation of our Moniteur. It might therefore be looked affairs into which the improvidence and upon by him merely as the unofficial and misconduct of ministers had brought the anonymous observation of the editor of country. Was there not sufficient ground the Moniteur, whoever that person might for suspicion of the fitness of ministers to be. But when, after some lapse of time dispose of the forces of the nation, after his lordship found that it remained unthe repeated calamities we had experienc- contradicted on the part of the government ed? Could it be maintained that the of this country, he could not but give it House should not call upon those ministers a greater degree of attention. And stil who had so misused our best resources in i farther, even though it bore no official money and in lives, and who were under appearance, yet when he knew the substood to he now sending out fresh arma- dued and degraded state of the press, ments on plans equally useless and waste- which was among the number of the heavy ful-ought not the House to demand in- calamities which the establishment of an formation from such ministers, as to the absolute despotism had brought upon that actual state of our army at home, in order country, he could not but be convinced to see the full extent of our evils, and the that no editor of the Moniteur could have possible danger to which a career of errors ventured upon the insertion of such an might subject us? The motion might article contrary to the wishes of the French appear to ministers dangerous to them government, or probably without its auselves. If lie imagined it dangerous to thority, From this circumstance, therefore, he felt himself bound to consider it | tended, that by Europe was meant France, as a serious accusation. But whatever and thence inferred, that those persons doubts he might have indulged in at first were not prisoners of war, and not subject were entirely removed by a repetition of to the usual mode of exchange. There the charge, not in an unauthorised para was a fourth difficulty arising out of the graph, but in a public official document case of the electorate of Hanover. At signed by the French minister of foreign the beginning of the war it was well affairs, and addressed to Biron de Roeil, known that a considerable number of minister of foreign affairs in Holland. It Hanoverian troops had been compelled to was contained in a long and in many parts lay down their arms ; a number which a sufficiently disgusting paper, from which the French government made to amount his lordship read the passage to which he to no less than 21,000. Of these, a part had referred, and which runs thus . had since then entered into the service of "His Imperial Majesty wished for peace his Britannic Majesty ; but the French “ with England. He made advances to- government pretended to consider the “wards it at Tilsit; they did not suceeed. whole in the light of prisoners of war. “Those which he adopted in concert with These pretensions had been hitherto con“his ally, the emperor of Russia, at sidered inadmissible ; and it was true " Erfurt, were equally unsuccessful. The that the French government had said no" war will therefore be long, since all the thing in the papers he had referred to, “attempts that were made to obtain it have of the terms they had now to propose, “ failed. The proposal evento send com- but, be must observe, that though they trmissioners to Morlaix, to treat for the ex- said nothing that was decisive, they did "change of prisoners, although suggested say distinctly that they were willing to vby England, miscarried, when it was per- send commissioners to Morlaix to meet do:ceived that it might tead to an accommo- other commissioners on our part, to enter " dation.” The date of this paper was into an arrangement for negociating an Paris, the 24th of Jan. 1810. Thus the exchange of prisoners. But they go faraccusation was made and published to all ther, and charge upon England the reEurope by the French government, that fusal or the evading of this proposition; we had shut our eyes on the sufferings of and they ascribe to the English governour own countrymen, prisoners of war, ment a motive for doing so; namely, and refused even to enter upon a negoci- their perceiving “ that it might lead to an ation for the purpose of establishing a accommodation !" Why, his lordship asked, cartel.-His lordship then took a view of if the facts were correctly stated (for the "the circumstances that had led to this motives ascribed he could not bring himmelancholy state of 'warfare, which he self to impute even to the present miconsidered to arise from the pretentions nisters)—why was the proposition eluded? set up by the French government in four He perceived, by the French papers, that instances. The first of them was founded this natter occurred three months ago. *upon an act of its own, which, to say the He thought that constituted a very good Tery least he could say of it, was an act reason for enquiry, for he could not conof the most useless violence that could be ceive that such a negociation could be committed, with a view to the attaining still pending, especially after what had of any great object in the war, or in the been stated by the French minister in a question of exchange of prisoners. He public document. So much time miglit
breant the seizing upon British subjects, be wanted in an intricate negociation; but who, at the breaking out of hostilities the to the proposal to commence a negociation last time, were travellers in France. These on sueh a subject, or whether or not we unfortunate persons the Government of should send commissioners to treat, could this country had refused to recognize as not require such a length of time. The
Tawful prisoners of war. There was a noble lord commented in animated termson Second pretension advanced by France the mischiefs of this alarming departure "respecting the particular cases of a num- from the usages of modern times among 'ber of seamen. A third pretension was civilized nations, which tended to excite *founded on the capitulation of a certain all the bad passions, and to restore: Europe *number of French soldiers taken in St. to a state of barbarism. No condition Domingo, 'who, by the terms of that capi. could be more gloomy or heart breaking, tulation, were to be conveyed to Europe. than that of an enterprising young man Now the "French gorerament had con- sbat out from all the honourable aroca.
tions of life, languishing, not perhaps in government to take any notice of an anos a dungeon, but in the country of the nymous passage in a French news-paper; enemy, with no hope before him of any and be did not think it befitting their chance of obtaining the distinctions and lordships to enter upon discussions on advantages which arise from the per- such a foundation. As for the letter of suit of the bonourable and glorious pro- the French minister to the Dutch minister, fessions of the navy and the army! Nor it was not an oficial paper, addressed to was that all; we were to consider the effects' any person in or under this governmen:, produced on the minds of the various and did not call for our public and official relations and connections at home of notice. After several observations, shewthose unfortunate sufferers, and whose ing that no necessity existed for our makfeelings were, from time to time, cruelly ing any declaration in consequence of sported with ! He could assure their lord such assertions, the noble lord proceeded ships, that scarcely a day had occurred to state his objections to the motion, which since be first mentioned the subject in that he conceived might do mischief, but could house, that he had not received two or produce no advantages. The expectation three letters from the relations of prison- of an exchange, his lordship, stated, was ers in France, which contained charges not at an end. The motion might, against our government, as having been, ried, be prejudicial to those very indisince the proposition alluded to, blameable viduals whose interest it professed to in a greater degree than the hostile go- serve; it might interfere with the object vernment for the continuance of the im- desired, and in no point of view could be prisonment of their relations. They stated advantageous to the public interests. this to be a feeling among their relations The Marquis of Lansdowne contended in detention, made known to them by that his noble friend was justified in drawcommunications they contrived to receive ing the conclusion he had done. The from France. There were other matters charge of having neglected to reply to a of consideration to be found exclusive of proposal made last year, was prefaced in these, when we reflected on the conse- a state paper issuing from the French go. quences that might ensue from the length vernment, and remained uncontradicted of banishment from their own country, in by ministers. Would the noble baron dethe views and feelings of the individuals. clare, that no proposal to the effect stated in He felt it therefore in all respects of great that document, wastendered? He had dwelt importance to know from his Majesty's much upon the necessity of withholding ministers - what was the real state of ihe information pending negociation, and stųcase, and whether the accusation of the diously avoided giving a plain answer to a French government against them was or plain question. With respect to trammelwas not well founded. If to the unfor- ling the negociation, he was persuaded tunate failures in our Spanish campaign; nothing was further from his noble friend's if to the ruin of Spain, in as noble a cause thoughts, and he could not see what emas could engage a nation-a ruin partly barrassment could possibly arise to it from owing to the improper views of our feeble acceding to the motion. All that his and jarring counsels; if to the calamities noble friend wished to obtain, was a knowand disgraces of Walcheren, we were ledge of the nature of the communication, now to add the ignominy of refusing to and of the manner and time of its reception. negociate a cariel, he must say, that The Earl of Liverpool thought that the nothing could be more foul, disgraceful, speech of his noble friend was perfectly and destructive than the conduct of ad- satisfactory. In all the proposals on the ministration. His lordship concluded by subject of an exchange of prisoners, that moving for copies of all communications had been made from France, since the that had been made from France, on the Revolution, there had been manifest insubject of negociating an Exchange of justice. The enemy always sel out on a Prisoners, &c. and of all communications basis totally inconsistent with the princito the transport board, since the 1st of ples recugnised by all nations; and it was Sept. 1809, &c.
only by tedious and difficult negociation, Lord Mulgruve said, that the French that they could be prevailed upon to deMoniteur might not have fallen in his way part fromthem. With respect to the charge when this subject was first noticed; but if preferred by tbe noble marquis, that a he had seen it, he should not have thought plain answer had been refused to a plain it becoming the dignity of his Majesty's question, bis noble friend-felt it his duty