pursuant to the notice which he had given on a former evening, rose to move the thanks of the House to lord Wellington and his brave army, for the late glorious achievement in the peninsula. He felt real difficulty in calling the attention of the House to this subject in the manner it deserved. Perhaps, instead of following the course usually pursued on such occasions, that of prefacing the motion with a speech, detailing the operations, and commenting on them, it would be better that he should submit it to the House in silence, and not attempt to press it on them by any feeble observations that he might be able to offer, confident as he was that he could add nothing to the lustre of such a triumph, and feeling as he did, that wishing to add to their warm emotions of pride and satisfaction, instead of attempting to describe it himself, it would be better to refer them to the modest and perspicuous account of it given by the noble chieftain who had commanded the army on that memorable day! The victory to which the motion he had to submit to them referred, was one which he might almost venture to say, was unequalled in the annals of any country, and bore a character peculiar to itself. When they considered the army opposed to that under lord Wellington, and considered not merely its numbers, but its experience, and its high state of discipline, they must feel how much was due to the officer who commanded, and to the army who fought. When they reflected, that had our army been superior to that which it had encountered, a victory of such magnitude obtained with a loss so comparatively small, as that with which this had been accomplished, would be a glorious one even over an inferior enemy, what must that appear which that day called for an expression of their gratitude? So complete had been the success of the allies, that the enemy had been cut off from that retreat to his own country, on which he had placed his reliance, and forced on a retreat by a circuitous route. He had bought his safety at the expence of his entire military equipment, and lost every thing which could be said to constitute an army. When they gave the French armies that fair credit to which they were entitled by their splendid services in every country, however defective their cause, the House would be enabled to form a proper idea of the defeat they had sustained, and feel that nothing could be more complete when they were seen compelled to sacrifice their military character, give up all their glory, and content themselves with consulting the personal safety of as many as could escape from the pursuit of the victors. These things considered, it would be seen this battle bore a character which, in the annals of war, had hardly belonged to any other. On such occasions, a feeling of anxiety naturally prevailed to know the amount of the army in numbers, which had been opposed to ours, and to learn the extent of the loss which had been inflicted on the enemy. On these points he could not speak from official information, but from the reports made by officers holding distinguished situations in the army, the force of the enemy could not have amounted to less than 70,000 men, consisting of experienced and well disciplined troops. In the army opposed to that of lord Wellington was concentrated, with the exception of the force opposed to Mina in Arragon, that under Suchet in the south of Spain, the corps under Clausel, which, through the masterly disposition made by lord Wellington could not arrive in time to take a part in the battle, and that under general Foy—with these exceptions was concentrated all the French disposable force in the peninsula. In this great host were com- bined the army of the North, the army of the South, the army of the Centre, and the army of Portugal; therefore in gaining this victory, he had triumphed over the great mass of the French disposable force of Spain; and if the loss of the enemy in killed and wounded were not so great as might have been expected, had the cavalry, from the nature of the ground been permitted to pursue with that sort of success which under other circumstances must have resulted from so decisive a victory, it was nevertheless very severe. But for those impediments to the pursuit which he had mentioned, he thought it was not too much to say, that scarcely a man of that army would have been allowed to return to his country to tell the tale of their defeat. As it was, it was difficult to state what their loss had been; but taking it at the very lowest estimate, to be double that of the allies, it could not amount to less than 12,000 men.—In looking at the transactions which had ended in a victory so decisive and complete, that the result was that the enemy was left without the common means of again shewing his force as an army, it would be an act of injustice, not to couple them with the great efforts previously made, which in this, as in every other campaign with which the illustrious name of Wellington was connected, marked the genius of a great commander as much (he might almost say more,) than the victory itself. He had had occasion to call the attention of the House to this distinguishing trait in the character of lord Wellington, when describing the events which had led to the battle of Salamanca. He had then contended, though the last campaign ended with the English army retiring into Portugal, that in all the movements of lord Wellington the genius of a great commander was displayed, and none of those circumstances which had led to the present victory had escaped him (lord Wellington) at that time. He (lord Castlereagh) had then said, that though he had found it necessary to retire, he had delivered the south of Spain, and changed the character of the war. He had compelled the French, who had entered Spain as a conquered country, and who had dispersed themselves over it as a country conquered, to concenter their force, and instead of controuling and commanding all around them, to make arrangements for their own safety.—During the winter he was employed in making his own army more fit for the great task which they had to perform. He (lord C.) had said lord Wellington did not relinquish the advantages he had gained, but while in Portugal he exerted himself to put his troops in that state, that when the proper time came he might again push them against the enemy with that force which should ensure success to their exertions. So it had turned out. He had not suffered the French again to occupy the most important points from which he had driven them, and he had not only during the winter prepared his own troops successfully to make head against the enemy, but he had availed himself of the means which he then for the first time possessed, as commander of the forces of Spain, to give the Spanish armies that military character which before they had wanted. This, in conjunction with a most distinguished officer whom he admired as much as a soldier, as he esteemed him as a friend (marshal Beresford), he had been enabled to effect, and it must now be felt, that we were no longer contending against the enemy in Spain, with our own military power alone, but that we were powerfully aided by the military genius of Spain, which had always been acknowledged to be great, but which, till guided with care by the fostering hand of genius, was incapable of producing such great and brilliant results. Lord Wellington, thus occupied, had not appeared in the field of action so early as some might have expected, but in what manner had he at last emerged from his repose, that repose which had not been marked by looseness or inactivity? In one short month he had pushed the enemy with such vigour, as to force him to fight that battle, which was as much distinguished by its particular character as was the commander by whom it had been fought, by his transcendant genius. He did not mean to make any ungenerous comparison between the efforts made by lord Wellington and those made in any other country, but such a movement as he had made in one month, from Freynada to Pampeluna, he believed had never been equalled in the military history of any country. Lord Wellington was aware of the difficulties he had to encounter, but his genius overcame them, by perceiving in what way those points on which the enemy chiefly relied might be turned.— By that trait in his character which above all endeared him to his army, and which must endear him to the country, lord Wellington had availed himself of his knowledge, to save the effusion of human blood, and gained by science what others must have sacrificed their troops to obtain. He had come upon the enemy with a pace so rapid, and so accelerated, to put against them his main force, that they, without casting any imputation on their military conduct, were taken by surprise, their combinations were defeated, and they had no alternative but to retreat to their own country, or to risk that battle which lord Wellington had wished to make them fight, and which had terminated in so glorious a victory. If ever previous arrangements might be said to add brilliancy to a triumph, the operations of lord Wellington anterior to the battle of Vittoria deserved that character; never was a victory gained more calculated to inspire unlimited confidence in the great chieftain by whom it had been achieved. His career was one of prosperity and glory: in the last campaign he had gained most important advantages over the enemy; in the present, he had driven them to the frontier of their own territory. It would be presumptuous in any man to augur what would be the consequences of this victory; but it was a proud triumph to the country, and to the individual, to contrast the situation in which lord Wellington now stood, and that which he had formerly occupied. If they looked back to that period when he went with comparatively but a feeble army to deliver Portugal, with what exultation and pride must they trace him through his campaigns! They first saw him effect the expulsion of the French from that country; in the succeeding campaign he still thwarted the views of the enemy. In the campaign before last, he completely changed the character of the war; and now he, who bad once fought with his back to the sea, against a superior foe—who had experienced innumerable difficulties, that would have disheartened other commanders, and which afflicted him, though his great mind would not give way to despondency, feeling that he was supported by a brave people, and he (lord C.) hoped he might say, by a government which had remained firm through all the vicissitudes of the contest; this individual had in a great degree emancipated the peninsula, and at length become the aggressor, now acted with splendid success offensively against the enemy, instead of defending the lines at Torres Vedras. By making this retrospect, the House would be enabled to measure the merits of lord Wellington, and the services of his troops.—It was glorious to contemplate, that if the enemy were not yet forced by lord Wellington entirely out of Spain, that at least he had shewn, them the confines of that arena in which, they had chosen to enter the lists. He was now no longer fighting with his back to the sea, menaced by the enemy, who hoped to be able to drive him to his ships, as was formerly the case, when some of the greatest statesmen in this country anticipated nothing less, and even entertained a dread that he would not be able to reach them in safety. A far different scene now met our view. He was seen driving those same haughty enemies into their own country, from which it would have been better for their character had they never removed. The feelings of the House on this subject would be much more eloquent than any thing he could say. It must be gratifying to them to reflect that they were not met to celebrate a triumph in which the glory of an individual only was concerned, but one in which the best interests of the world were involved. They were there met, the representatives of a free people, to rejoice in having obtained freedom for their allies, and contributed to the establishment of the general liberties of mankind. If in this eventful and most expensive war great exertions had been made by this country, it was some satisfaction to reflect that these had not only proved sufficient to defend ourselves, but had contributed to the preservation of others. If in this contest the parliament of England had felt itself called upon to make the most stupendous sacrifices, it was a high gratification for that House to know, that if their liberality had been extended on a larger scale than formerly, the fruits of their munificence were as un-exampled as their generosity, and they saw from the efforts they had made, not only themselves, but all Europe, in a much better situation than the most sanguine among them could formerly hope to see in so short a time. He thought it would be presumptuous in any man to pretend to say what would be the issue of the contest, although the events of the war had hitherto been favourable; but that Providence would rule the future; which had protected us from the past, and he trusted it would not now forsake us. But whatever might be the course of things, the glory of the English country was placed on the highest pinnacle of fame, from, which it never could be shaken. If any thing could add to the interest of the battle, it was the field on which it had been fought. An illustrious chieftain of former days (Edward the Black Prince), had fought on the same ground—had fought to restore a rightful monarch to his throne. He had conquered, and the fame of his arms, it was probable, was not forgotten on the day of battle. In looking at this proud triumph, it was impossible that the House should not feel gratified at reflecting, that while it raised us, it also raised those with whom we were allied; and he trusted, in the moment of victory, that that would not be forgotten which was the legitimate end of all war—a secure peace; a peace consistent with the credit, interest, and engagements of this country; a peace that would not only prove beneficial to England, but conducive to the happiness of all the nations of Europe—(Hear, hear, hear!)—He had only one observation to add. It was the wish of ministers, that the list of officers to whom it was proposed to vote the Thanks of the House should be correct. He could not, however, feel confident, that the list he had was complete. He hoped, therefore, that if any omissions should occur, that the names of those left put would be afterwards admitted, and that it would be understood, the vote of this day was intended to convey the tribute of their gratitude to all engaged in that glorious achievement which they were assembled to celebrate. He then moved, "That the Thanks of this House be given to field marshal the marquis of Wellington, knight of the most noble order of the Garter, for the energy and distinguished ability with which he hath conducted the late operations of the allied forces in Spain; and particularly for the splendid and decisive victory obtained upon the 21st day of June last near Vittoria, when the French army was completely routed, With the loss of all its artillery, stores, and baggage."

seconded the motion, and hoped that it would be carried by acclamation. He thought the character of the late glorious achievement exceeded that of any other in the British annals, both in the combinations and their result. No language could express his sense of the zeal and science which had been displayed by the illustrious leader of the British troops. The victory of Vittoria had established the military glory of England on a basis never to be shaken. It was but justice to give his Majesty's government great credit for their exertions to prepare the army under lord Wellington's command. But giving them the amplest credit for those exertions, he was not disposed to withdraw a single particle of his admiration from the noble lord who had so indefatigably availed himself of the advantages that had been so liberally afforded him. It had been his (Mr. Fremantle's) peculiar good fortune to hear during the last three days, many interesting details of the conduct of the army, which could never be sufficiently extolled. With respect to the loss of the enemy, he knew from private reports, he knew as well as it was possible for him to know any thing which had occurred immediately under his own eye, that it exceeded double the amount of that stated by the noble lord opposite. Reverting to the character of lord Wellington, he described him as a man highly estimable, not as a hero only, but as a private individual—a most sincere friend—most generous to those who required his assistance—and distinguished by the utmost frankness and urbanity of manners. These were qualities which rendered him not only admired but beloved. Nursed in the lap of war, his heart was not steeled against the impulses of humanity. Vigorous in his attack of an enemy—when that enemy was conquered, he was the first to protect him. On most occasions, he (Mr. F.) felt diffident and distrustful in addressing the House, but this was a theme on which he could go on for ever. He could not help thinking that some peculiar honour should mark the present occasion. If he might venture to suggest such a thing (but he would not presume to submit a motion to the House) he would hint the propriety of addressing his royal highness the Prince Regent, requesting that he would himself send the thanks of the House to lord Wellington by the aid-de-camp who had been the welcome herald of the glorious intelligence. Such a proceeding would, he was persuaded, be highly gratifying to "the Great Lord." Distinguished as the recent victory had been in its character, it ought to be distinguished in its reward.

adverting to his statement of the loss of the enemy, observed, that he had taken it at the lowest possible calculation, and that he had not included those who were killed or put hors de combat in the period that intervened between the commencement of the advance from Salamanca and the battle.

—I congratulate the House on the splendid victory now under their consideration, and sincerely do I accord with the motion of thanks to the noble lord. Most happy am I to have it in my power, in my place in the House of Commons, to offer my tribute of applause to the glorious achievements of the noble marquis and the brave and gallant army under his command—why should I say brave?—Bravery and intrepidity are the characteristic of the British soldier! It is not bravery alone that I admire, it is, Sir, the celerity, the decision, the promptness, the rapid movements, added to excellent arrangements, and what is more, most admirable combined operations, that gained the glorious victory of the 21st June. This marked the conduct of the noble marquis, gained for him additional honour, added increased lustre to the officers and soldiers of the army under his command. The greater number of the general officers I have the good fortune of being personnally acquainted with. I have seen them in action, and my self have had an opportunity of being a witness to their gallant and meritorious conduct. It affords me particular pleasure to reflect that the noble marquis has attained the rank of field marshal. He justly deserves that exalted rank. I am persuaded, Sir, that the officers and soldiers of that highly distinguished army vied with each other on that memorable occasion to share the glory of the day,—a proud day for England,—a day never to be forgotten by Englishmen. A day that, I trust, will contribute beneficial consequences to Europe, and possibly tend to the restoration of peace, and the repose of mankind.

said, he felt in common with the hon. gentleman who had seconded the motion, and with the gallant general who had just addressed them, the difficulty (a difficulty in which no man had more frequently placed their friends, the House, and the country, than lord Wellington), of expressing, in adequate terms, the feelings which filled the mind of every man in the country. And he was persuaded, that the strongest language he could use would be but a faint echo of the public sentiment on this glorious occasion. If the hon. gentleman (Mr. Fremantle), from his private feelings on this occasion, and if the gallant general, from his feelings as a soldier, could not refrain from trespassing on the House, however unnecessary their apology for doing so; he trusted the interest which he had ever taken in the cause of Spain would excuse him for offering a few words on the same subject. It was now five years since this country, involved as it was in difficulties, and engaged in a contest the end of which it was impossible to foresee, had the glorious prospect opened to it of what this splendid achievement led to the hope of having brought to a happy consummation. At that particular period, amidst the pressure of events and all the troubles peculiarly her own, she had not hesitated one moment in becoming the friend of those whose only claim to her friendship was their being the victims of tyranny and. oppression. This choice was crowned with success; but it was a choice which they would not have had cause to regret, even had the struggle ended in hopelessness and disappointment. Thank Heaven, the result was of another character, and proved that generosity and justice, while they were the most liberal, were also the wisest system of policy, and that honourable feeling for others was nearly connected with our own national safety. At the period to which he had alluded, there were many who despaired of the success of the cause, and who, though forced into the current, had expressed their disapprobation of it. That enterprize, which many thought rash and hazardous, which many believed almost hopeless, had ended in a blaze of glory, that will live recorded on the glowing page of history, even if glory should be its only result; but he did not despair to see added to it other pages of political arrangement and final settlement, calculated to promote the happiness and secure the liberties of mankind. With regard to the honours to be bestowed upon lord Wellington and his companions in arms, they could not be too lavish of them, but, to this subject the word 'lavish' could not be applied; but, while they expressed their sentiments on this subject, they ought also to pay the tribute merited by those whose pains, care, anxiety, solicitude, and attention, had been unceasingly cherished to prepare at home the mighty means for the accomplishment of this mighty achievement. Not only his Majesty's ministers, but this House and the country had also to congratulate themselves, as well on the generosity and wisdom of their first determination, as on the firmness with which, under every variety of circumstance, and vicissitude of fortune in the course of a long contest, sometimes unpromising, sometimes leading to despondency, (though never those who felt that confidence in the commanding genius of the great leader of our armies, which this day would render universal), and amid every difficulty under which the country laboured, they had continued the contest in a way which demonstrated that it never had been the prevailing sentiment of the nation, that they ought to shrink from the task they had undertaken, to be guilty of a dereliction of principle, or give up the glorious cause in despair—The confidence with which he and many others had set out in this contest, the present victory had now made general It was now that the fruits of their exertions began to appear. It was now that they had to look for the reward of their policy in engaging in, and their constancy in persevering in this arduous conflict. The Revolution (as it had been called) of 1808, seemed as if given by Providence in contrast to that mighty and dreadful Revolution, whose tremendous successes had almost led mankind to believe that success was inseparably linked to the car of those, who assailed with insatiable fury every established institution. But the Spanish revolution, exhibiting the same splendid successes as those which marked the early career of that of France, had proved, that triumph is not unachievable by those who are attached to the sovereignty, and whose principle is to conserve rather than to destroy. It was not to Spain alone that the effects of the late victory will be confined. Spain had been the theatre of lord Wellington's glory, but it would not be the boundary of the beneficial result of his triumph. The same blow which has broken the talisman of the French power in Spain, had disenchanted the North. How was their prospect changed! In those countries, where at most a short struggle had been terminated by a result disastrous to their wishes, if not altogether closing in despair, they had now to contemplate a very different aspect of affairs. Germany crouched no longer trembling at the feet of the tyrant, but maintained a balanced contests. The mighty deluge by which the continent had been overwhelmed began to subside. The limits of nations were again visible, and the spires and turrets of ancient establishments (if he might so express himself) began to re-appear—It was this victory which had defined these objects, so lately involved in overwhelming confusion. To whom, under God, were they indebted for this? To the man to whom they were this day voting their thanks. As the noble lord had justly said, it would be presumptuous to anticipate the result of this heroic achievement. But they knew that it must be good. If war continued, in war it would furnish means and heart for the maintenance of the struggle; for peace, it would furnish the best of means, the association of peace and victory, without which he would not say that peace ought never to be attempted, but without which, he would say, it could never be secure with the enemy against whom they had to contend. It was the illustrious Wellington who furnished them with these means so to be applied. His admirable conception of what ought to be done; his rapidity in executing the designs he formed; is wonderful comprehension of measures directed to one end; the completeness of his plans, and the thunderbolt of war which he launched at last upon the foe, enabled this country to furnish the most ample data ever given as the basis of a secure and lasting peace. One topic more, and he would intrude upon the House no longer. The hon. seconder, from the warmth of his feelings, had intimated a wish, that a special mode of transmitting their thanks should be adopted, in order to mark their high sense of this glorious victory: greatly as he felt the transcendant merits of lord Wellington, he also felt for the dignity of that House; and he considered that there was nothing within the power of a subject to execute which would not be adequately rewarded by their thanks conveyed in the ordinary forms. He trusted therefore that the hon. gentleman would not press any proposition which might cause a difference of opinion, while on the main question there could be but one unanimous and cordial feeling. He apologised to the House for having occupied so much of their time, and sat down amid loud cheering.

said there was one circumstance by which the victory, for which the House was now about to vote their thanks, was distinguished from those which had before called for a similar mark of their approbation, that was, that it was unaccompanied by the loss of any officer of very high rank. In the instances in which such officers had fallen the House had thought it a mark of respect due to them to vote an Address to his royal highness the Prince Regent, praying that a monument might be erected to their memory. This honour had been confined to general officers. He trusted, however, they would pardon him, if he called their attention for a moment to the loss of a man, the first in honour and merit, though not so high in military rank as to call for that particular distinction. He need not say that he alluded to colonel Cadogan. Whoever had looked to the history of the campaigns in Spain, would have found that his name was ever among the foremost in the day of action: that he had signalized himself in every great battle which had been fought, and deserved the acknowledgments of his gallant commander. He would not trespass on the House any further, if it was not consistent with their usage to vote a monument to an officer of his rank; but, he trusted they would pardon him for interesting their feelings in the fate of one who was lamented by every one that knew him, and thus bringing his name before them if they could no more.

The first Resolution was then put, and carried nem. con.

It was next resolved, nem. con." That the thanks of this House be given to lieutenants-general sir Thomas Graham, sir Rowland Hill, the earl of Dalhousie, sir Thomas Picton sir Galbraith Lowry Cole, and the hon. William Stewart; to majors-general George baron Bock, Charles baron Alten, the hon. Charles Colville, George Anson, John Oswald, John Ormsby Vandeleur, George Murray, Frederick Philips Robinson, lord Aylmer, and to the several other officers of his Majesty's service, for their great exertions upon the 21st of June last, when the French army was completely defeated by the allied forces under the marquis of Wellington's command."

after prefacing the motion with a high eulogy upon their admirable conduct, and deploring, in feeling language, the loss of officers who, though of lower rank, were not of less merit, or of less interest to the country, than those to whom they had just paid the tribute of their approbation, moved, "That the thanks of this House be given to marshal sir William Carr Beresford, knight of the most honourable order of the Bath, and to the several general officers and officers of the Portuguese service, who were present at the glorious battle of Vittoria upon the 21st of June last, for their great exertions upon that occasion, when the French army was completely defeated by the allied forces under the marquis of Wellington's command; and that the marquis of Wellington be desired to communicate to them the present Resolution." His lordship took occasion to stale, that colonel Cadogan, after he had received the wound which was mortal to him, had expressed only one wish to those into whose arms he fell—it was to carry him to the top of an eminence, that he might, to the last moment, contemplate the contest in which his country was crowned with victory.—Agreed to nem. con. as were also the following: "That this House doth acknowledge and highly approve of the distinguished zeal, valour, and discipline, displayed by the non-commissioned officers and private soldiers of his Majesty's forces serving under the command of field marshal the marquis of Wellington, in the glorious victory obtained upon the 21st of June last near Vittoria; and that the same be signified to them by the commanding officers of the several corps, who are desired to thank them for their gallant and exemplary behaviour."—"That this House doth highly acknowledge the zeal, courage, and discipline, displayed by the noncommissioned officers and private soldiers of the Portuguese forces serving under the command of field marshal the marquis of Wellington in the glorious victory obtained upon the 21st of June last near Vittoria."—"That this House doth highly acknowledge the distinguished zeal, valour, and good conduct, displayed by the several general officers, officers, non-commissioned officers, and private soldiers, of the Spanish forces who served under the command of the marquis of Wellington, in the splendid and decisive victory obtained over the French army upon the 21st of June last near Vittoria; and that field marshal the marquis of Wellington be desired to communicate to them the present Resolution."

addressed the House on the subject of a sentence passed on lieut. colonel Orde, by a court martial at Halifax, in Nova Scotia, on charges of cruelty, tyranny, and fraud, which sentence has since been reversed. The facts of the case were, that colonel Orde was tried at Halifax in August and September last, and found guilty, without qualification, of inflicting punishments on privates, contrary to martial law. On the second charge, for fraudulent practices towards the quarter-master, involving a sum of 445l. the decision was, that it was not fully proved that he originally intended to defraud the quarter-master; but he was not acquitted from blame, and was ordered to repay the whole sum. On the third charge of cruelty and oppression to officers, he was found simply guilty, with no recommendation to mercy on any account whatever. It did not appear that sir J. C. Sherbroke, the governor, had made any representation in his favour. The punishments which were inflicted in the Bermudas were such, that major-gen. Hodgson reprobated them in general orders. The men were strapped with a canteen strap, which, though it did not pierce the skin, was, in the opinion of one of the surgeons, worse than the cat, from the risk of contusions. One man was punished so for losing his stock, another for having lost a button from his coat, and another, because, after having done duty on a very wet day, his belt was found very much daubed with dirt; another received 60 lashes in the same manner from a mere suspicion of drunkenness, from having the look of being in liquor. For some similar trivial offence another soldier in the regiment was sentenced to be loaded with a knapsack filled with stones, to carry two firelocks, and then to walk up and down all day while not on guard, and was not even permitted to sit down while at dinner, but it was brought to him at the sun-dial, when he was compelled to stand and eat it In consequence of this treatment the man deserted, and was ordered to receive 1000 lashes, 500 of which were actually inflicted. These enormities were carried into effect by a miserable instrument, an adjutant of the name of Herring, as lieutenant colonel Orde declared, under his express orders and sanction; but after the commencement of the trial, he retracted this declaration which had been made on the parade, and said that the punishments had been generally without his knowledge. The regiment, which amounted to about 400 men, were confined, the whole time of colonel Orde's commanding at Bermuda, to the small barracks of St. George's, and not suffered to go into the town, except a few of them who were "good men and well dressed." It was stated indeed in justification of this harsh treatment, that the regiment was exceedingly disorderly, and that the discipline could not be main tained by milder methods; but he conceived that no plea of this kind could excuse the severity which had been practised, and which had been carried to a degree totally unprecedented, as he believed, 132,000 lashes having been inflicted on only 400 men in a period of three years and a half. The conduct of colonel Orde was also chargeable with fraud and exaction. He had claimed and kept back stores to the value of £ 450 from the quarter-master of the regiment, which were proved not to belong to him, but which the quarter-master chose rather quietly to give up than run the hazard of an unequal contest with his lieutenant-colonel. His behaviour to the officers was equally ungentlemanly and unofficerlike. The hon. member here referred to several instances mentioned in the evidence, in all of which complaint and remonstrance against the injustice were sure to be followed by reprimand, if not punishment. Under all these circumstances he had been found guilty by the court martial who tried him. He had, however, been since re-instated, and he (the hon. member) conceived that he could not do a better service to the army than by calling for the minutes of evidence on that occasion, in order that it might be seen that no officer who had been so dismissed from the service, could be re-instated without notice and enquiry. He accordingly moved, "That an humble Address be presented to his royal highness the Prince Regent, that he will be graciously pleased to give directions that there be laid before this House, Copy of the Minutes of a Court Martial held on lieutenant colonel Orde, of the 99th regiment, in August and September last, at Halifax, in Nova Scotia."

admitted that the motion of the hon. gentleman was perfectly regular and constitutional, and he also thought that the granting the motion for enquiry would be most satisfactory to the gallant officer himself; but at the same time he believed it would not be denied that it was a matter of considerable delicacy for parliament to interfere in the proceedings of courts-martial, except from absolute necessity. He had viewed this case with as much impartiality as the hon. gentleman, but he saw it in a different light. In those voluminous proceedings, which filled 400 pages, he saw as much confusion as he ever witnessed in the proceedings of any court-martial. He had never read any trial of the kind in which the evidence was more confused, vague, and contradictory, nor marked with a stronger spirit of unfairness and acrimony on the part of the prosecution. But what he chiefly rested his objection upon was, that this prosecution had not been instituted at the time and in the place where the offences were said to have been committed, but was put off a year and a half afterwards, so that the first hint lieutenant colonel Orde received of it was on his return to London. By the Mutiny Act, no offence was cognizable by a court-martial after a lapse of three years, unless some impediment could be shewn to exist in the way of the prosecution. What impediment had existed here? None at all; and it was this consideration, more than any other, which had weighed with those of the Prince Regent's advisers who had recommended colonel Orde's re-instatement in his command.—The first charge was for behaving in a manner unbecoming an officer and a gentleman, in flogging several soldiers of the 99th, at Bermuda, without the sentence of a court-martial. All these alleged offences which were stated to have taken place in January 1809, had really taken place in 1808, and no charge had been brought against him until after the expiration of 18 months, and when he had left the settlement on account of his health. In extending mercy to colonel Orde, the crown thought proper to notice the illegal punishments which he had ordered, and directed that he should be reprimanded. Of the thirteen cases, however, which had been stated, the majority of those described as having been illegally punished, were punished for drunkenness. It is true they were punished with canteen straps, a mode which was altogether illegal; but the offences were such as would have subjected the individuals to punishment. It was in evidence, that in all these cases the men were thankful they were not brought to a court-martial. One man who had received two dozen of lashes was asked for what? "For being drunk."—"Was you very drunk?"—"O, very drunk." The hon. gentleman had said it was in vain to prefer complaints to general Hodson, which could only terminate in the punishment of the individual complaining of colonel Orde. But general Hodson expressly states that he had taken the greatest pains with that regiment, and had stated to every man the manner of procuring access to him, and the way he was to apply. He stated this to shew how much the commanding officer had always been alive to subjects of this nature. With respect to the first charge, he certainly disapproved of the mode of punishment adopted, a mode of punishment which would undoubtedly have been put a stop to whenever it reached the ears of the commanding officer or the Commander in Chief. But however reprehensible the mode, the motives of colonel Orde were good; and there were particular circumstances in the case of this regiment, which ought to be taken into consideration in forming a judgment on the case. The regiment was in a state of great insubordination—they were not only greatly addicted to the vice of drunkenness, but other very heavy charges were brought against them. With respect to the second charge, of scandalous conduct on the part of colonel Orde in the case of a deficiency of 450l. the court acquitted him of any intention to defraud. He admitted that colonel Orde was liable for the deficiency. With respect to the third charge, it was very much like the first. It was for tyranny and oppression during the space of five years since he joined the regiment in 1807, up to the period of the charge, without stating one fact, or pointing out any precise time when any offence was committed. The court however entertained the charge. He was accused of having confined the men to the barracks for four years. But they were not confined by colonel Orde alone, but by four different commanding officers, for whenever they went out they uniformly returned drunk. The court, however, never observed on the conduct of the three others, who ought to have shared the blame, if there was any, but laid the whole burden on colonel Orde. Another offence was, the not allowing servants to officers—that is, not allowing them to be exempted from duty. Why? Because it was necessary that all should be on duty, and none could be spared. It appeared, however, that whenever an officer was ill he was allowed to have his servant exempted from duty. Various other accusations of a similar nature constituted the sum of the third charge. He thought if the House took all the circumstances of the case into consideration, they would agree with him in deeming cashiering too severe a punishment for colonel Orde. He was sure, however, they would at any rate agree with him in thinking, that if his merits did not protect him, the law would protect him. The crown, taking his long services into consideration, after reflecting on the irregularity of the punishments, and ordering him to be severely reprimanded for them, thought proper to order him to be restored to his regiment. Upon the whole, he conceived it would be injurious to the discipline of the army to allow the production of the papers called for by the hon. mover.

admitted the inconveniencies that would arise from converting the House into a Court of Appeal for the army; and that the interference of the House could only be justified by strong cases of necessity. In this case, however, this was not an appeal from an officer to the House; but his hon. friend had merely communicated to them the information he had received. The right hon. and learned gentleman thought an unusual acrimony had been displayed on the part of the prosecutors; but this was all known to the court-martial, and to general Sherbrooke, through whose hands the proceedings passed, but who did not think proper to recommend any alteration of the sentence. Lashes with canteen straps were understood to be more dangerous, when carried to a certain extent, than those given by the cat-o'-nine-tails. With respect to four of the thirteen men punished in this way, one of them was punished because he lost his stock; another, because he lost his buckle; another, because, in a rainy day, he had dirtied his belts; and the fourth, because the quarter-master had said to colonel Orde, that he had a red face, as if he had been drinking. It appeared to him, therefore, that a stronger case could not be made out. The men were severely punished, not only for the most venial offences, but even for suspicion of offences. It was stated, that in this regiment of 400 men, 130,000 lashes were inflicted in the space of three years and a half. This was a case, he conceived, which indubitably called for the interference of the House.

thought it peculiarly hard on colonel Orde that his case should be discussed in the House, without their being in the possession of the necessary information From the defence of the right hon. gentleman, it appeared to him, that unless he acted on informalities there was an extremely strong case of tyranny, cruelty, and oppression, against colonel Orde. Were he the friend of colonel Orde he would advise him not to let the case rest here, but to lay the evidence of the court martial before the public. The right hon. gentleman had selected those cases to which he thought he had good answers to give; but he had omitted to take any notice of a number of others, mentioned by his hon. friend, which made a strong impression on himself, and several other members of the House. The case of captain Tryon was one of them. This officer was two years under arrest, on an unfounded charge, without being brought to trial. The strongest case, however, was the illegal punishment of the soldiers, and the indignities with which these punishments were accompanied—indignities not only to the men who were punished but to the spectators. Many of the offences for which the men were punished more severely than by the cat-o'-nine tails, could never have been entertained by a court martial. It was stated by the right hon. gentleman that this regiment was extremely ill disposed; but could there be a stronger proof of the bad effects of severity of punishment than what was afforded by this regiment, where 132,000 lashes were inflicted on 400 men in three years and a half, and where the men were exceedingly hardened and irregular? He was astonished that this officer should not only have been pardoned, but restored to his former regiment with a severe reprimand. It was said by the right hon. gentleman, that many of the punishments, though irregular, were inflicted from motives of lenity. An ordinary man would say, on his resuming his command over those men who had been his accusers—"You ask for law, and you shall have it."—It was certainly extremely injudicious to place a man, embittered as colonel Orde might be supposed to be, in the situation of having it in his power to trample on his accusers. In justice to colonel Orde, and his Majesty's government, and in justice to the soldiery, he thought the facts of this case ought to be laid before the public. He had never heard any thing said as to the necessity of limiting these punishments to a certain number of lashes. He should therefore vote for the question.

explained. He stated that colonel Orde had not been sent back to the regiment, but was now in London.

contended that nothing could be more imcompetent than for the House to re-try cases of this nature. If this was so, still less ought they to enable the public to re-try them. The only ground on which such a motion could be entertained was the idea of an undue recommendation on the part of his Majesty's servants, as to the exercise of his prerogative of mercy. On this head let it be re-collected by the House, that his Majesty's ministers had the best opportunity of knowing how far colonel Orde was or was not, in other respects, a meritorious officer.

begged pardon of the House for intruding on their patience after the very able speeches they had heard from the mover of the question, and from the hon and learned gentleman who had followed on the same side. After what had fallen from the noble lord, however, who had just sat down, he should not do justice to his own feelings did he not observe on what had fallen from him. If ever there was a case in which the House was called on to look into the exercise of the prerogative of the crown, as the noble lord would say, in mercy, as he (sir F. Burdett) did say, in cruelty, this was the very case; and it was impossible for the House to say, whether the case stood in the one or other of those situations till once the evidence was brought before them. Such cases, as the present were of a kind most alarming to the discipline of the army, and to the nature of which, at an early period of the next session, he should call the consideration of the House. This was not a part of the prerogative, but a power granted by the House to the crown, over which power they were bound in duty to those men whom they had this day thanked, to shew that they had not abandoned their controul. If within the space of two years 132,000 lashes had been distributed among 400 men, that, be thought, was of itself a prima facie ground of inquiry. The advisers of the crown had undertaken to re try the cause, to which it seemed they thought themselves fully competent, though the House of Commons could not. The present motion did not affect to interfere with other courts, but complained that the decisions of other courts were subverted.

contended, if the prerogative complained of, of pardoning officers as well as men, was not in the crown, the discipline of the army would be at an end. The same impartiality he allowed ought to be practised to privates as to officers. If it could be shewn that this was not so, and a case of that kind could be made out, he should be happy to see an inquiry made into it.

was in favour of the motion.

The motion was negatived without a division.

agreeably to notice, brought forward his motion relative to Ordnance Agents. His reason for not bringing it forward sooner, was, that the returns which ought to have been made in August last had not been made till lately. From these it appeared, that of sums uplifted by those agents to the amount of 800,000l. security was found by them to the amount only of 24,000l. The balances due by Greenwood and Cox, the principal agents, according to the ordnance accounts, amounted to 137,400l. and by the admission of themselves to 37,396l. and the whole amount of security found by them, was 12,000l. He therefore thought that the securities were not proportioned to the sums to be uplifted, or intrusted with those agents; and also that it would be proper to provide that all monies passing through their hands should be lodged in the Bank of England. If this plan were adopted, it would be productive of this double advantage, that a better security would be obtained, and that the accounts would be much sooner audited. The impression on his mind was, that all public money should, if possible, be lodged in the Bank of England. Greenwood and Cox were agents for 3–4ths of the army, at a profit to themselves of 50,000l. a year; the sum which in this way passed through their hands annually was three millions, and the whole security which they were called on to find on this account was 1,500l. 3 per cent. consols. He knew it would be said that the colonels of regiments were responsible.—This was a rule which, he maintained, ought to be done away with; and that the whole time of the colonel of a regiment ought to be devoted to his regimental duties. Would the House wish to see lord Wellington recalled from his career in Spain—lord Moira from his command in India—or sir G. Prevost from his command in Canada, for the sake of answering to such a process? He concluded, by reading a train of resolutions containing the substance of the details in his speech, and by moving the first of the resolutions, which was to this effect:—That it appears to this House, that for a series of years large sums of the public monies have accumulated in the hands of the agents of the ordnance; and that very serious loss has thereby arisen to the public, while the said agents have been deriving immense undue profits, in the way of interest, from such accumulation.

contended, that even upon the hon. gentleman's own shewing, no loss had been sustained by the public. He could state, however, that the accounts of Messrs. Greenwood and Cox were at this moment passing through the Surveyor General's office. The utmost the House could be called upon to do, would be to require of Messrs. Cox and Greenwood to pay the 9,400l. being the sum to which the whole bad been reduced by their counter claims. This money, however, he was prepared to assert, had been actually paid within the last month, nor was there a single pound out-standing against Messrs. Cox and Greenwood, provided they substantiated their claims, which, however, he did not mean to say would be allowed. With respect to the sum of 16,000l. that was reduced to 2,600l. and even thus reduced, it was liquidated in point of fact though not in form, as some vouchers from the peninsula were necessary before the accounts could be passed. With regard to the security, he thought 12,000l. sufficient where the monthly issues did not exceed from 30l. to 38,000l. That part of the motion relating to placing the money in the Bank, he thought, required more consideration, when, perhaps, some regulation upon the subject might be beneficially adopted.

After a few words from lord Palmerston, and a brief reply from Mr. C. Johnstone, the first motion was negatived without a division, and that for an Address was withdrawn by the hon. member.