HC Deb 09 February 1866 vol 181 cc310-2
COLONEL NORTH

said, he rose to ask the Judge Advocate General, Why Drum-Major Farrell, 1st Battalion 2nd Queen's Regiment, and Sergeant Butler, 99th Regiment, have not been brought to trial, either before a military or civil tribunal, for the alleged offence of drilling parties of Fenians? It might, he said, be in there-collection of many hon. Members that at the very outbreak of the Fenian movement these non-commissioned officers were arrested and charged with having drilled Fenian recruits. To show the magnitude of such an offence on the part of a soldier, he would read to the House a portion of the oath of allegiance which these men took upon entering the army— I—do make oath that I will be faithful and bear true allegiance to Her Majesty, her heirs, and successors, and that I will, as in duty bound, honestly and faithfully defend Her Majesty, her heirs, and successors, in person, crown, and dignity, against all enemies, and will observe and obey all orders of Her Majesty, her heirs, and successors, and of the generals and officers set over me. So help me God. Now, what greater enemy could Her Majesty have than a rebel in her own army? He would also read to the House an extract from the 15th clause of the Mutiny Act— If any person subject to this Act shall, at any time during the continuance of this Act, hold correspondence with or give advice or intelligence to any rebel or enemy of Her Majesty, either by letters, messages, signs, or tokens in any manner or way whatsoever, or shall treat or enter into any terms with such rebels or enemy without Her Majesty's licence or licence of the general or chief commander, shall suffer death or such other punishment as by a court-martial shall be awarded. If the outrageous rebels to whom he had referred did not come within this or some other clause of the Mutiny Act, he hoped his right hon. Friend would insert some clause in it which would embrace crimes of such a description. On being shown the documents which contained conclusive evidence of their guilt, they acknowledged the offence with which they were charged. It was expected every day that an example would be made of these two men, yet day after day passed without any sign of a court-martial being ordered. Knowing the determined character of the gallant officer at the head of the army in Ireland he could not understand why such a step had not been taken. This being perhaps the most heinous offence a soldier could commit it was then supposed that the case was left in the hands of the Commander-in-Chief of the army and not in that of the Commander of the Forces in Ireland, and every one was perfectly assured that the honour of the army would be safe in the hands of his Royal Highness. Week after week, however, passed until it was supposed that the delinquents were to be tried by a civil instead of a military tribunal. At last the special Commission was issued for the trial of the Fenians, and many wretched men had been tried and were undergoing punishment for having attended the drills while those who drilled them remained to the present moment untried and unpunished. The army was at a loss to understand why these men had been kept under arrest for nearly five months, during which time no proceedings had been taken against them, and he could assure the right hon. Gentleman that no class in the army felt more on this subject than that honourable class, to which these men belonged, the noncommissioned officers. He hoped his right hon. Friend would give the House some information in reference to this matter.

MR. HEADLAM

said, that the men alluded to would be put upon their trial by court-martial in the course of a very few days. One man, indeed, was put upon his trial yesterday, and another was to be tried to day. It might be true that a longer delay had taken place than would have been right under ordinary circumstances; but, at the same time, the circumstances surrounding the Fenian conspiracy were quite exceptional. The delay had arisen in consequence of the authorities in Ireland having considered it desirable that the trials should be postponed. Some time ago he had written a letter to Ireland to state that he thought it desirable that the trials should take place as soon as possible, and the following was the reply he received:— I have the honour to state that the delay arises from the circumstance that the witnesses whose evidence is material to prove the existence of the Fenian conspiracy, including a man named Warner, and a number of other witnesses, are at present in attendance before the civilian commission sitting in Dublin, and therefore cannot take part in the proceedings before the court-martial. He hoped that his hon. and gallant Friend would be satisfied with this statement, and that he would say nothing which would fetter the action of the authorities.

COLONEL NORTH

What is the date of the letter?

MR. HEADLAM

The 31st of January.

COLONEL NORTH

said, he was not satisfied, and he was sure the army would not be, at this delay.