§ EARL FORTESCUEpresented a petition, numerously signed by the inhabitants of the borough of South Molton, in the county of Devon, praying for the total and immediate abolition of flogging in the army. The noble Earl expressed his satisfaction at having heard the noble and gallant Duke the Commander-in-Chief (the Duke of Wellington) declare his hope that he might live to see the day when flogging should be abolished; but he could not, in the face of the diverse opinions expressed by the noble Duke and other high military authorities, concur in the prayer of the petition for its immediate abolition.
§ LORD REDESDALE, in adverting to a representation made by the petitioners of the fatal effects of the punishment of flogging, "as proved by the death of Frederick White," said, that having read over the whole of the evidence given on the inquest, he had come to the opinion, which he believed to be also the opinion of every one who did not take the strong and 696 violent view adopted by the coroner and jury, that there had never been an inquiry conducted in a more objectionable manner. He believed the impression left upon the mind of every fair man was, that the evidence did not justify the verdict, and that White did not die from the effects of the flogging. When he saw a coroner rejecting the evidence of four medical men, and charging on the evidence of one who was his own personal friend—rejecting the evidence of the four other, because it was not such as he wished—he (Lord Redesdale) said, if such was the mode in which coroners' inquests were to be conducted, it would be a great injustice to those who might be charged on proceedings before coroners' inquests; and if such proceedings were not noticed and reprobated, they would lead to the grossest injustice to those who might hereafter be placed upon their trial. If any person were charged, for instance, with murder (there had been no charge in this case), the evidence would give a most unfair impression against the person so charged. He believed many of the Judges of the land would have charged a jury directly in contradiction to the charge delivered by the coroner. He had thought it right to take the opportunity offered by the petition presented by the noble Earl, stating positively that the death had been occasioned by the flogging, to make these few remarks. With respect to the punishment itself, he did not entertain the same prejudice against it which was exhibited by those who suffered their passions to be excited on the subject. He regretted, indeed, that our army was not composed of such a class of men as would enable us to dispense with the punishment of flogging. But it ought to be borne in mind that flogging had been reintroduced of late years by the Legislature, and was found very efficacious in restraining offences against the person of the Sovereign; and he did not see why, if it was effectual in these cases, it should not be equally effectual—if properly applied—to other cases than those of offences against the person of the Sovereign. If it were not found that this punishment was likely to be productive of death in healthy subjects and sound constitutions, it would be easy, by restricting its application to such cases, to prevent any evil consequences. But if every case of death was to be followed by such reprehensible proceedings, we must give up punishment in all cases of weak constitutions, because even imprisonment, 697 although it was the mildest of all punishments, was fatal in many cases.