§ COLONEL CLIFFORDsaid, the House was no doubt aware that by the Bill which was passed, during the Government of Lord Derby, to embody the militia, the then existing provisions on that subject remained unaltered; the militia were to be embodied only in case of invasion, or imminent danger thereof. On the breaking out of the war, it was thought expedient 978 to obtain the services of the militia; and a Bill was passed on the 12th of May last Session, and since the passing of that Bill a great part, indeed the great majority of the militia regiments had been embodied. In the course of last week some observations were made in another place which had cast some doubt on the legality of that proceeding. Now, it was highly important that that question should immediately be set at rest, as the minds of the militiamen had been very much excited about it, and an impression prevailed amongst them that they had not been fairly dealt with its reference to this matter. He wished, therefore, to put this question to the right hon. Baronet the Secretary of State for the Home Department—whether, in his opinion, the Act of the 12th May, 1854, had not deprived any militiaman, whether enrolled before or since, of any right to claim his discharge, by reason of the embodiment of the militia without the existing danger of invasion?
§ SIR GEORGE GREYSir, in reply to the question of the hon. and gallant Member, I beg to state that by the Act of last Session, 17 Vict. c. 13, after reciting that by the former Militia Acts the militia could only be embodied in cases of actual or apprehended invasion, or rebellion, or insurrection, it was enacted that whenever a state of war exists between Her Majesty and any foreign power, it should be lawful to call out and embody the militia. A doubt has recently been suggested, though I do not know upon what grounds, whether the provisions of the Act of last Session apply to militiamen enrolled before the passing of that Act. Upon that point the Secretary for War has taken the opinion of the law officers of the Crown, and Her Majesty's Government are advised that the Act of last Session, authorising the embodiment of the militia in times of war, applies as well to militiamen enrolled before, as to those enrolled after, the passing of the Act.