HC Deb 28 February 1856 vol 140 cc1480-1
MR. STANLEY

said, that the noble Lord at the head of the Government had stated, on a previous occasion, that it was usual for military courts to sit with closed doors. But as a highly important inquiry was in progress, he thought that the precedent might he departed from; and, therefore, he asked the First Lord of the Treasury if the Crimean Court of Inquiry, composed of general officers, to inquire into the Report of Sir John M'Neill and Colonel Tulloch, is to be a closed or open court? and also if the court would be enabled to take evidence on oath?

VISCOUNT PALMERSTON

On a former evening I said that the general practice with regard to courts of this kind was, that the inquiry should be conducted with closed doors. This inquiry, however, is of so peculiar a nature that it is the intention of the Government that it should be taken with open doors, reserving, however, to the Commissioners that discretion which must properly belong to them of conducting any particular part of it with closed doors. That is a discretion which I am sure the court will not exercise without the fullest and most satisfactory reasons. With regard to the second part of the hon. Member's question, the Commissioners have no power of administering an oath. They are not a court martial under the Mutiny Act, and no military court otherwise composed can examine upon oath unless specially empowered so to do by Act of Parliament.