Colonel Evanssaid, he was anxious to put a question to the hon. Gentleman opposite, the Secretary at War; and he could assure him, that he did so with all respect for the office he held, and with every good feeling towards himself personally. The question was, however, one of great public importance, and not merely of personal interest. During a recent election contest, a statement appeared in the public prints assuming that the person holding the office of Secretary at War had the power at his own pleasure to remove any officer on the half-pay list from his Majesty's service. Undoubtedly the reports of public proceedings were usually very accurate, but during elections, and at times of great excitement, the press, at least some portion of the press, was not very scrupulous in regard to the object which they had in view. He was bound, therefore, to assume, that it was in consequence of some warp or partisanship, that this statement was made. In a subsequent correction of the statement, however, this assumed power of the Secretary at War to remove an officer on the half-pay list without any cause assigned, was not distinctly disclaimed. He thought the House would agree with him, that this was a matter which ought to be clearly ascertained, both with reference to the large class of persons holding Commissions under his Majesty, and to the freedom of election, and the privileges of that House. Without any factious motive whatever, he was therefore anxious that his Majesty's Government should have an opportunity of explaining their views upon the subject; for, if any Officer holding a Commission under the Crown were liable to be removed at—
§ The Speakerbegged the hon. and gallant Member would confine himself to his question.
Colonel Evanssaid, that the question which he rose to put was, whether the Secretary at War had the power to remove at his pleasure any Officer on the Half-pay List from his Majesty's service?
§ Mr. Ellicesaid, he had no hesitation in answering the question put to him by the hon. and gallant Colonel. If, unfortunately, it appeared necessary to remove any Officer from the Half-pay List, it was the duty of the Secretary at War to take his Majesty's pleasure on the subject; and the Secretary at War was responsible for 1349 the advice which he might give his Majesty. He (Mr. Ellice) had searched the records of the War Office, and he found, that there was no instance of the removal of any Officer from the Half-pay List of the Army, who had not been removed in consequence of some stain upon his character.
Colonel Evansobserved, that he was then to understand, that the power to which he had referred was not vested in the Secretary at War?
§ Mr. Ellicehoped, that he should not be misunderstood. What he had stated was, that if a case should unfortunately arise which appeared to his Majesty's Government to call for the dismissal of an officer, it was the province of the Secretary at War to take his Majesty's pleasure on the subject, and for the advice which he might give his Majesty he was responsible.
Colonel Evansrepeated his wish to know distinctly whether the power rested in the Secretary at War, or not?
§ Lord Althorpsaid, the answer to that question was, that it was for the Secretary at War to give advice to the Crown on the subject. The Crown had the undoubted prerogative of striking off any Officer from the Half-pay List; but the Secretary at War was responsible for whatever advice he might give the Crown.