Lords Sitting of 22 November 1813

Preamble
The first reading of the Clergy Penalty Suspension Bill (which was ordered to be printed) took place on the motion of the archbishop of Canterbury; who gave notice of his intention, if the prints were on the table, to move the second reading on Wednesday, for which day the Lords were ordered to be summoned.
Lord Holland presented petitions from the debtors confined in Chelmsford gaol, the gaol of the county of Berks, and certain persons, natives of foreign countries, confined in the King's-bench prison, praying relief; which were ordered to lie on the table.
His lordship also presented a petition from the debtors confined in the Isle of Man, praying relief; and took the opportunity of observing, that for a considerable period, although several Insolvent Acts had passed, yet these unfortunate persons had remained without relief. He understood that the local legislature of the Isle had passed an Act last year for the relief of the debtors confined there; but, unfortunately, it had not received the sanction of government.
Lord Viscount Sidmouthstated, that the Act for this purpose passed by the House of Keys had been officially transmitted to him to be laid before the Prince Regent in council. Upon reference, however, to the law authorities, the Act was found so extremely objectionable, that it could not be assented to; and an order in council, stating precisely the grounds of objection, was sent to the governor of the Isle of Man, with a recommendation for the local legislature to pass an Act free from those objections, which would be readily assented to. He believed that the House of Keys had not assembled since that period.
Lord Hollandobserved, that probably the House of Keys, like other Houses, would readily attend to the suggestion of the noble viscount.
The Petition was ordered to lie on the table.
The Lord Chancellor introduced a Bill for vesting in the accountant-general of the court of Chancery for the time being, and his successors, the property in that court, which found its way there in consequence of the burden thrown upon the court by the legislature, in sending them
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for arrangement the affairs of Canal Bills, Turnpike Bills, Parish Bills, and other speculations, which took up so much of the time of the court. He introduced a similar Bill last session, which passed that House; but, owing to the want of time before the close of the session, could not get through the other House. The object of it was, to prevent property of that description (the property of the suitors being already provided for), from vesting in the representatives of the accountant-general in future, and to take it out of the hands of the representatives of the former accountants-general; so that, upon the death, resignation, or removal of that officer in future, the property should immediately vest in his successor.
The Bill was read a first time.
The Lord Chancellor read a letter from sir Thomas Graham, acknowledging his high sense of the recent vote of thanks of that House; and a similar letter from sir J. Abercromby, relative to the vote of thanks for the capture of Mauritius.

MILITIA SERVICE BILL.
Earl Bathurstmoved the second reading of the Militia Service Bill. His lordship observed, that he felt it unnecessary to take up the time of the House by entering into an explanation of the conduct of ministers in bringing forward the present measure. It was scarcely necessary to remark upon the singular and admirable features of the war. Our successes,—the great battle of Vittoria,—the possession of the Pyrennees,—the advance into the enemy's territory,—were all sufficient grounds for persevering in the great cause which we had begun, and exciting and invigorating the resources of the country. If our successes had been inferior, even in this there would be much reason for continuing and increasing our efforts. While so noble a spirit had been raised in Europe, while such high interests were struggling in the North, it was not fitting that a power of the dignity and rank of England should not take a share worthy herself in the great cause of nations. But let the House look upon passing events; and if they had not then ground, let them find it in that which had occurred between the time when this Bill was introduced and the present moment,—that noble burst of patriotic feeling which had arisen in Holland, recalling old attachments, returning to ancient loyalty, renewing ancient habits, and friendships,

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and objects. It was hardly necessary to say a single word in justification of the principle of increasing the military and disposable means of the country. He would not take up the time of the House any further than in explaining the basis of the measure which he was to propose to them.
The mode of increasing the regular force had been frequently a matter of consideration with their lordships, and it appeared that the most valuable source was to be found connected with the militia system. The first step had been, to allow simple volunteering into the line: the present Act had a farther view, and it contemplated the service of the volunteer, both as a soldier of the line, and of the militia. It was proposed, that in every regiment where 900 men volunteered, three field officers-should be allowed to volunteer also; where six hundred, two; and where three hundred, one; but in any regiment whose number did not amount to the lowest ratio, if three-fourths of the whole volunteered they were also to have one field-officer. Where a sufficient number of field-officers did not offer, the right of appointment to devolve to his Majesty. These regiments were to be formed into provisional battalions, commanded by officers of the line, the officers receiving half-pay. Their lordships would scarcely regret, on knowing the nature of the militia, that those officers were likely to share in the liberality of the House. A great proportion of them were meritorious gentlemen, whose income largely depended on their appointments in the service, and who in the prospect of a peace saw before them only a painful diminution of their competence. He could not help thinking it fortunate that this measure allowed, if he might be permitted the term, an excuse for insuring to them the reward of their services. There were but few additional circumstances. One was, that militia officers thus serving should be equally with others subject to the usual forms of the line courts-martial. In the next place, no field officer of a provisional battalion was to have a higher rank than that of lieutenant-colonel: for, as it was the intention, that when acting in the field those bodies should always be under the command of an officer of the line, it might otherwise happen that the militia officer should be senior to the line officer. Another limitation was, that not more than three-fourths of any regiment should be
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allowed to volunteer. It might be objected, that there would be a hardship in prohibiting the services of men willing to come forward. To this the answer was, that in every regiment there was a proportion, and that nearly amounting to the proportion stated, of men who, from age or accident, were not fit to be exposed to the fatigues of, active service—men, who though equal to highly useful occupation at home, were better not hazarded lightly to a foreign campaign. He could not, however, impress it too fully on the House, that it was by no means within his ideas to break down the fabric of the militia. The establishment was of the highest importance: obvious as were its advantages from the original scheme, scarcely any man could have conceived the important uses of which it was subsequently found capable. It had formed among us a large and vigorous portion, of the national defence during the threat of invasion. In case of the attempt, to realize that threat, it would have, been found, doubtless, eminently, useful and trustworthy. It had rendered important services in the insurrection in Ireland, and in suppressing those similar disturbances which were partially felt even here. It had, in the last instance, conduced, to the strength of the regular force, and supplied the line with its finest troops. There was one service which it had rendered, and which, though it was not distinctly obvious at first sight, might be reckoned of no slight national import. It gave occupation to the higher orders of the country, for whom the necessity of occupation was most pressing, and its nature of the highest interest to the community. It generated popular and manly habits among them; it accustomed them to mingle among the inferior ranks of the state; it supplied them with an honourable exercise and honourable acquirements for the general protection; and if even those ends were not all ensured together, it at least drew them away from those pursuits, which, degrading and unhappy as they were, naturally assailed men of rank and fortune, and in corrupting them, corrupted the most influencing and important order of society. His lordship then proceeded to enumerate the other powers of the Bill. Among the rest, is provided for his Majesty's acceptance of the service of single companies, the officers being entitled to half-pay. These companies to be attached to the regiments of the

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line, or formed into battalions by themselves. In this case, the preferment would not suffer any obstruction; as the officer commanding the attached company would follow the order of the regiment, and those employed in the battalions of companies would of course not be in a condition to interfere with the regulars. The only objection which seemed to be taken to this measure was, that officers looking to permanent rank would naturally engage all they could to volunteer, and thus impair the usual demands of recruiting from the militia. The answer might be, that, as it was by no means intended to stop the usual recourse to the militia for the support of the line casualties, officers would have it in their power to volunteer still, as they had done previously. He expected the concurrence of the House to a measure which promised to be of the most signal use, and he would not therefore take up their time further upon the subject.
The Bill was read a second time.
Earl Bathurstsuggested, that as it was of importance to press the Bill without delay, the House might probably be induced to negative the commitment.
The Duke of Norfolkwas anxious that not the slightest obstacle should be thrown in the way of the progress of this Bill, which he thought it was essential to pass without the least delay.
The commitment was then negatived, and the Bill ordered to be read a third time tomorrow.