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Mutiny Bill

Volume 3: debated on Thursday 28 February 1805

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On the motion by the Secretary at War, for the second reading of the Mutiny bill,

rose to state, some propositions Which he should feel it his duty to submit to the committee on this bill. In order to add to the solemnity of Courts Martial, and to prevent the infliction as much as possible of those severe punishments, which he knew were unfortunately necessary in some instances although in many they were almost worse than death, he would propose, first, that the right of administering oaths, should be extended to regimental courts martial, as well as to general courts martial, and also that some provision should be made to prevent any other than officers of some military experience, from being at all on courts martial. This was a provision which he was aware was already strictly attended to in some regiments. But it was highly desirable to render it general, and with that view he would move that none but officers of a certain age should be put on courts martial, and that the president of a court martial should in no case be under 21 years of age. This regulation he thought necessary, although persons under that age might, in some cases, be competent from military experience, to act as members of courts martial. To those points the right hon. gent, felt it his duty to call the attention of the house and he had no doubt, that should they meet the concurrence of the right hon. mover of the bill they would be productive of the best effects upon the discipline and feelings of the army.