FOREIGN ENLISTMENT ACT. (Hansard, 24 April 1834)

§ Mr. Finch
was opposed to this measure. He thought that some power should exist in the Crown of preventing its subjects entering into the service of foreign states. He should prefer the amendment of the present law to the total repeal of it. If the law were repealed he had some doubts whether by the Common Law the Crown would not have the power of enforcing the principle of the present law. They had the authority of some eminent lawyers in support of that opinion, but on the other hand he admitted that they had contrary authorities. It might be said that the penalties inflicted by the present law were too severe; but it ought not to be forgotten that few things were more likely to involve the nation in a war than 1369 allowing armaments to be sent out to assist parties contending in a foreign country.

§ Sir Robert Inglis
held war to be such an evil that it was not to be entered upon without the utmost caution; but, above all, a country should prevent its subjects taking a part in a civil war in a foreign country. He did not conceive that any man was at liberty to slay his fellow-man unless in self-defence, or by lawful authority. He objected to anything like a free trade in war, or to allow men without a licence to slay their fellow-creatures. If the question was stripped of the false colours of military glory with which it was invested, he was sure that most men who would take the trouble to consider the matter would be opposed to it. He would ask whether it was just that any man should be at liberty to carry to market his best energies for killing his fellow-men? That, in point of fact, was the question involved in the measure. He should oppose the Bill of the hon. Member as calculated to lessen the security of the peace of Europe, and as being, likely to involve the country in a war. Above all he objected to it because it lessened the checks which prevented men carrying their swords to market to slay their fellowmen.

§ Mr. Plumptre
also felt obliged to oppose the Bill, and expressed his intention to divide the House upon the question. He did not think it was right on the part of a Christian Government to allow the people of this country to draw their swords in foreign quarrels. Such a proceeding was, in his opinion, anything but creditable, and ought not to be sanctioned.

§ Mr. Pease
contended, that passing such a measure as this, would be establishing the principle that those who could pay most money should be able to effect the most slaughter. For his part, he thought that a repeal of the present law would, pro tanto, tend to corrupt the morals of the people. He had recently seen many of the unfortunate men who had returned from Portugal, and he could assure the House that more deplorable spectacles than they presented he had seldom witnessed. They were broken down in health and spirits, and tainted with every species of vice and corruption. In a communication he had received from a friend in Portugal, it was said, that "We have here in Lisbon the canaille not only of Belgium and 1370 France but also of England, and all for the sake of murdering the poor Portuguese." But he would ask, whether it was not most disgraceful on the part of the Government of this country to allow British subjects to take part in such a contest as that which was carried on between Don Pedro and Don Miguel? He was aware that the Bill on which the present law was founded was brought in for the purpose of keeping faith with Spain, but thinking that some prohibitory law should exist, he certainly would give his vote for the rejection of the present measure. He was willing to admit, that officers on half-pay were objects of great sympathy, but still that encountering death for mere gold was positively ignominious.

Mr. Murray
declared, that he had not heard a single valid argument urged against the Bill. The existing laws not being enforced became a dead letter, and, therefore, they ought not to remain on the Statute-book. He denied that it was adverse to the principles of Christianity to support with a sword a just cause, such as that of Poland for instance, or that of Protestantism, which had been defended by Gustavus Adolphus in Germany.

Mr. Andrew Johnstone
said, that if it were only for the purpose of a protest the present law should not be erased from the Statute-book. Agreeing with those who thought it should not be repealed, he begged leave to move, that the Bill be read a second time this day six months.

§ Lord Althorp
rose, to state the grounds upon which he supported the present Motion. He had opposed the original introduction of this Act, and he had since come to the conclusion, that it would be advisable to repeal it. It did not in any way affect the principle alluded to by hon. Members, neither would its passing in any way interfere with the principles of Christianity. As a law, that which now existed was altogether inefficient, and the result of it was, in fact, predicted at the time it was passed. But it would be impossible to pass any law to prevent British subjects entering the service of foreign States which would not be so severe as to render it utterly hopeless that it could be carried into execution. But there was another reason why the present law should not remain on the Statute-books, and that was the tendency which it had to involve this country in unpleasant discussions with other countries, who, knowing it to exist, 1371 might call on the Government to carry it into execution. To allow it to remain in force, would therefore be bad policy; but he at the same time must admit, that such unseemly exhibitions as training men for foreign service in this country ought not to he permitted. The Common-law, however, provided against that case, and consequently he could see no objection to the Bill for repealing an Act which served no good purpose, and was extremely inconvenient.

List of the NOES, Tellers included.
Bateson, Sir R.	Forster, C.
Brotherton, J.	Gladstone, W. E.
Bruce, Lord Ernest	Inglis, Sir R. H.
Cole, Lord	Johnstone, A.
Eastnor, Viscount	Pease, Joseph
Ewing, J.	Perceval, Colonel
Estcourt, T. G. B.	Plumptre, J. P.
Finch, G.	Verner, Colonel