Lord Castlereaghrose, pursuant to notice, in order to move for leave to bring in a Bill to authorize the drawing out and embodying of the whole or any part of the regular Militia. On the assurances which the House had already given of a disposition to support the executive authority in making adequate preparations for the security of the country in the present emergency, he grounded this proposition; and in the course of the discussion of the Bill further opportunity would be afforded for the consideration of the nature of that emergency, together with the general circumstances in which the empire was placed. At present he did not think it necessary to enter into these circumstances; and the more so, as he hoped to be enabled on Monday to bring down a Message from the Prince Regent, with regard to the arrangements which had been entered into with our Allies, together with copies of the subsidiary treaties which had been concluded. That Message he should propose to be considered on Tuesday, and on Wednesday it was intended to submit a motion in conformity with the subsidiary treaties. He was therefore confident, that under the existing state of things, the House would not hesitate in enabling him to bring in the Bill. As such a measure always had effect when the country was menaced, the very circumstance of the probability of a war with France was sufficient to authorize it; at any rate, it required no stretch of construction to sanction the Bill, for the very nature of the preparations which it was the duty of the country to make, 266 and the necessity of sending so great a proportion of our regular force to the Continent, rendered it fit that the internal security of the country should be provided for. There were various reasons of policy also, which must induce the House to lose no time in passing the Bill, as there was a great portion of the militia whose term of enlistment would soon expire. He wished to apprise the House, that a regulation had be-en made by Government, which had given entire satisfaction to the men, by providing for their discharge within four months from the 1st of May. It was not intended, by this measure, to violate the good faith of the Government towards the men in the smallest degree. There were, however, certainly very considerable motives for avoiding delay. He was not aware that it was necessary to go into any farther particulars at present, as the state of warlike preparation in which we are placed had been recognized by Parliament; but it would be admitted that it would not be proper for the House to separate for the summer, without providing a measure to preserve the internal security of the country. The noble lord then moved, "That leave be given to bring in a Bill to authorize, under present circumstances, the drawing out and embodying of the British and Irish Militia, or any part thereof."
§ Lord Miltonthought, that by the present regulations, if the five years for which the militia-men were enlisted had expired during the war, they would not be entitled to their discharge.
Lord Castlereaghreplied, that the contract was different with the balloted men, and many that had been raised as substitutes.
Viscount Folkestonecould not omit the opportunity of just noticing to the House how completely the opinions of the crown lawyers respecting the embodying of the militia were overthrown by the motion of the noble lord. The Attorney and Solicitor General had stated, that the militia being once called out, it was optional in the Crown to keep them embodied; and they had expressly argued, that any portion of the militia being embodied, the Crown might call out the whole of them again, without giving notice to Parliament. According to this doctrine, therefore, the bill which the noble lord proposed to bring in was totally unnecessary; but he believed, that the noble lord attached very little weight to those opinions, 267 or he would not have consented to bring in the Bill. He condemned the apparent intention, as he understood the speech of the noble lord, of continuing those practices who respect to the militia, which tended directly to overthrow that wise and ancient system upon which it had hitherto been conducted; he alluded to the innovation of allowing militia-men to be drafted into the regulars, upon every temporary difficulty in which the country might happen to be placed.
Lord Castlereaghsaid, that the reason why the Bill was necessary was, because a great part of the militia had been disembodied. And whatever opinion might be entertained of the prerogative possessed by the Crown to continue the militia, when once called out, it was never understood that the Crown had the power, in case of war, to call out the disembodied militia by its own authority.
Viscount Folkestonereplied, that the 144th clause of the Act had been cited as authorizing the Crown to call out the militia, and keep it embodied.
The Attorney Generalwould leave the noble lord to enjoy his imaginary triumph, and would only say, that the motion made by the noble Secretary of State, to call out the whole or any part of the militia in the present circumstances of the country, by no means implied that the opinion of the law officers was unsound—the opinion given was, that when the militia were legally called out, his Majesty might disembody or embody them as the public service required. A new state of things like the present might, however, justify a different course.
§ Mr. Tierneybegged to ask the noble lord, whether any, and what answer had been returned to the communication which the French Government had made to this country, and which was afterwards transmitted to the Congress at Vienna? Did the noble lord intend to give any information to the House on that subject on Monday next?
Lord Castlereaghreplied, that the communication which he intended to make on Monday would embrace, the point to which the right hon. gentleman had alluded.