§ MR. DARBY GRIFFITH, referring to an expression of the Secretary of State for War in answering the question as to Colonel Bentinck's retirement, wished to know, Whether the Crown had the power of dispensing with the provisions of a Royal Warrant? because he had always deemed the Royal warrants to express the laws of the army.
SIR GEORGE LEWISsaid, the government of the army was subject to two authorities—one was the authority of Acts of Parliament, and the other the authority of the executive Government, as expressed by warrants under the sign manual. The Government, equally with the Crown, were bound to carry out the provisions of an Act of Parliament; but there was a certain discretionary power in giving effect to warrants. The regulations made from time to time by Royal warrants were generally carried into effect; but it was clearly competent for the Crown, by whom those warrants were issued, to make individual exceptions to the rules and regulations which they contained. In this case the Crown had been pleased to do a single act which, unquestionably, was not provided for by the warrant to which reference had been made; but he apprehended there was no doubt of the legal power of the Crown to do it.
§ MR. DARBY GRIFFITHwished to know who was responsible.
§ Motion agreed to.
§ House at rising to adjourn till Thursday next.