THE LEGION IN SPAIN. (Hansard, 23 February 1838)

§ Sir H. Hardinge
said, that seeing the noble Lord the Secretary for Foreign Affairs in his place, he wished to remind the noble Lord that about two months ago, he put a question to him as to when the remnant of the British Legion at St. Sebastian might be expected home in this country. The noble Lord had then said, that vessels had been sent out in order that those unfortunate men might be brought home as soon as possible. Now he had received information that the men were now still at St. Sebastian, in a state of great misery, destitution, and starvation, and that about 200 of them had been received on board the Columbia, in order to preserve them from actual starvation; that many of the unfortunate men had no trowsers, no shoes, and were altogether in a most deplorable state of destitution. He had also been informed, that in the beginning of January last a serjeant had been found lying dead in the snow with scarcely a rag of clothing on his back. He should 54 not mention these things, but that he was positive the noble Lord would take every step within his power to remedy such evils. He had every confidence in Lord John Hay; he had the greatest confidence in the honour of that noble Lord, and that he would give every aid and assistance to the remnant of the Legion; but he saw in the public papers that an officer in the Spanish service had arrived at St. Sebastian, with a sum of money to pay these men, as was said. If that money, however, was intended to be used to induce the men to enlist again, he submitted that it would be the duty of her Majesty's Government to interfere and bring them home. He was confident the noble Lord in command of the British men of war would be no party to such a transaction. He wished to ask the noble Lord opposite what had been done in reference to the bringing home of these men?

§ Viscount Palmerston
In answer to the right hon. and gallant Officer, I beg to state that some time ago it was represented to her Majesty's Government that a considerable number of the persons serving in the British Legion were anxious to return home. Immediately the Government, at some inconvenience, made an arrangement that a frigate and a transport should be sent out in order to bring home those men, and a certain supply of clothing was put on board in case any of them should be in a state of destitution. They arrived at Passages and remained there some days, but the frigate being wanted for other purposes was ordered away; but the transport still remained there in order to bring home any portion of those men who were ready and willing to return; a few only have accepted the offer, and I presume that the men generally do not like to come away until some settlement has been made with respect to their pay by the Spanish Government. It is perfectly true that I have been informed by Sir George Villiers that the Spanish Government have sent an officer in the Spanish service to St. Sebastian with a certain sum of money to settle the arrears due to these men, and to endeavour to reorganise a portion of the legion. But Lord John Hay has communicated to the Admiralty that he considers himself as having the charge of these men, and that he will take care that they shall have free exercise of their will either to accept or refuse such offers on the part of the 55 Spanish Government. I think the right hon. Gentleman will feel with me the fullest confidence in the assurance of Lord John Hay, and therefore I have no doubt, whether the men remain in Spain or come back to England, that they will in either case act from their own spontaneous disposition.

§ Sir G. De Lacy Evans
observed that the right hon. Gentleman had said, that he had the greatest possible confidence in Lord John Hay. So had he; but the right hon. Gentleman had not evinced that confidence by the ardent feeling he had displayed in that House. The right hon. Gentleman had said, that he had received communications respecting the state of the men now remaining at St. Sebastian; and so had he. He knew at least as well as the right hon. Gentleman; nay, he would venture to say a good deal better than the right hon. Baronet, the state of these men. He derived his knowledge from quite as good a source as the right hon. Gentleman. He thought it was rather uncourteous on the part of the right hon. Gentleman to appeal to the name of Lord John Hay without reflecting that it was possible that he was in communication with that noble Lord. The right hon. Gentleman had said the men were in a state of misery and starvation; but he would assert that there was no such thing as starvation amongst them. If there were any difficulty whatever on the part of the Commander-in-Chief at St. Sebastian in supplying the men with provisions, he knew that Lord John Hay was both willing and able to supply them. Although these men had a right to demand permission to return to England in consequence of the non-fulfilment of engagement towards them, yet he had reason to state, from the same authority on which the right hon. Gentleman himself relied, that the men had not been in a worse condition than the troops under his own command. [Laughter]. He should like to know whether the conclusion of the sentence would be followed by similar cheers from the Gentlemen opposite, and that those troops were not in so bad a state as the British army was at different periods during the Peninsular war. The right hon. Baronet and other hon Gentlemen on his side of the House were often using the word "humanity," but he should like to have heard that right hon. Baronet, or those other hon. Gentle- 56 men, offer some suggestions, or make some appeal to her Majesty's Government in the cause of humanity, at the same time stating that they would support that Government in any interference on their part to avenge the foul murders that had been committed under the Durango decree.

§ Sir H. Hardinge
I have to observe I shall never, during the exercise of my Parliamentary duty, think it necessary to regulate my conduct by the opinions of the gallant officer opposite. I beg to remind him and the House that their late commander, Brigadier-General O'Connell, has declared, in his officical order of the day, that the conduct of the Spanish authorities towards the legion was infamous. When the hon. and gallant Officer rises to vindicate them, and the treatment of those men by the Spanish government (and of course it is a vindication when he says that the men are not suffering), I assert that their treatment has been, not only from information I have received, but also from a public document of their officers, and more especially from the official statement of Brigadier-General O'Connell, that their treatment has been of the most infamous description.

Sir G. De Lacy
Evans again rose, but was prevented from addressing the House by loud cries of "Chair!"

§ The Speaker
said that the House must perceive it was not with his concurrence that any additional observations had been made after the noble Lord the Secretary for Foreign Affairs had answered the question put to him; but the hon. and gallant Officer (Sir G. De Lacy Evans) appealing to the House to be heard, the House had extended to him that courtesy; and he (the Speaker) had now to appeal to that hon. and gallant Officer and the House whether it was not fit that this conversation should cease.

§ Lord John Russell
thought, after what had fallen from the right hon. Gentleman in the chair that this conversation ought not to proceed; and he was certain that if his hon. and gallant Friend perceived that it was for the advantage of the House that he should make a sacrifice of his own personal feelings by foregoing any further expression of them, he would readily do so.