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separate treaty of their own, in which they took precisely the same share as if they had entered into the treaty with the other Powers. Holland was not one of the Powers named; but then Holland thought fit to exempt her own ships, and the effect of that was to give a bounty to Dutch ships engaged in the trade of the Scheldt. That was another reason for justifying the course which Her Majesty's Government had pursued. With regard to the amount, he admitted that it was a large sum, but that proposed was a great deal larger, amounting to nearer £500,000 than £400,000. By great exertions the sum had been reduced to £350,000; and he believed that, upon the whole, the House of Commons, taking that equitable view which it was accustomed to do on those questions, which were of a mixed character, would consider the arrange ment a wise and a sound one. With regard to local taxes, his hon. Friend (Mr. A. Smith) would, on reflection, see that these were not matters that could not enter into an international treaty. They were levied for purely municipal purposes, and on that account could not be included in an arrangement such as that which he had explained. Vote agreed to.

SUPPLY-SUPPLEMENTAL ARMY

ESTIMATE.

THE MARQUESS OF HARTINGTON said, that in moving the first Vote of the Army Estimates the other night, he stated that he should have to lay on the table a Supplemental Estimate, to be added to the Estimate of the current year; and this Estimate, now on the table of the House, would show that the description he gave of it the other evening was entirely borne out. The largest item in the Estimate is £119,892, for disallowances made by the India Office on the accounts rendered to that Department by the War Office for advances for regiments serving in India during the period from 1854-5 to 1860-1, at which date the system of capitation allowances first came into operation. Up to that time certain charges were incurred for keeping up a British force in India, and there were likewise certain charges at home. This became matter of account between the Government of India and the Government of this country, and it was obviously impossible that the account could be made up to a late date. After 1861, when the capitation system came into operation, he did not believe that there would be any

more accounts of that nature. The Committee should also bear in mind that the sum of £119,892, taken for this purpose, would be much more than covered by a sum of £301,349, which the India Office paid into the Exchequer; but by the system now in force it was necessary to ask for a Vote for the £119,000, without being able to take credit for the other sum of £301,000. The war in New Zealand was almost the sole cause of the rest of the Vote of £409,000 now asked for. A large sum was required for increased regimental pay for the troops serving in that colony. The numbers of the regiments serving in New Zealand are raised considerably above the establishment at which they would have stood at home, and consequently the amount of the regimental pay and allowances was increased. A large expense was occasioned by the purchase of horses for the Artillery and Military Train, by the high price of provisions, resulting from a great influx of military into the colony, by the high rate of lodging for the officers and troops, and by providing store-houses. After the very detailed statement which he made of these charges on a previous occasion, he did not think that there was now any necessity for occupying the time of the Committee on the subject further; and he therefore, to propose the Vote, the total of which was £409,000, moved that the sum of £409,000 be granted to provide for the probable deficiencies of the grants for army services for the year 1863-4.

for Army Services beyond ordinary Grants (3.) £409,000, Supplemental Estimates

for 1863-4.

MR. W. WILLIAMS feared that the war in New Zealand would cost an enormous amount of money, and considered it a great error for the English to be going all over the world and taking away territories from those to whom they belonged. He should very much like to know how much the New Zealand war was likely to cost.

SIR HENRY WILLOUGHBY wished to know if the Indian army accounts would really be closed by this Vote to the year 1861? Nothing, according to the evidence taken before the Army Commission, could be more vicious than the state of those accounts. With regard to New Zealand, he feared it was only a foretaste of what was to come.

He could only regret that the taxpaying people of this country should have such burdens thrown upon them for the sake of putting down a number of

savages who were only striving to maintain | moralizing punishment of flogging; but their right to certain tracts of land which he was determined to invite attention to they claimed as their own. If the public the matter, because out-of-doors a strong only knew the amount of money which feeling existed on the subject. The fathey had been called on to pay during the vourite argument in favour of the system last twenty years for destroying savage na- was, that it was necessary to the maintions, they would be very much astonished. tenance of discipline; but would Gentlemen These wars brought upon us undoubted undertake to say that the discipline of disgrace; and he could not see how we the English army was superior to that of could hope to gain either honour or advan- the French and Austrian? Yet, in the tage from them. armies of those two countries the system of corporal punishment was unknown. He would assert that the discipline of the Austrian army was equal, if not superior, to that of the British army. If it were necessary to retain this punishment, there ought always to be sufficient reason for inflicting it. Now, according to the wording of the clause, flogging might be inflicted for disgraceful conduct, for misbehaviour, or for neglect of duty. Now, what was "misbehaviour?" According to a Return in the course of the year 1862 nearly 35,000 lashes had been inflicted in the navy, and 5,999 in the army. Was it possible that the services could be in such a state of insubordination as to require the infliction of nearly 50,000 lashes in a single year?

THE MARQUESS OF HARTINGTON believed that the Vote would completely settle the accounts between the War Office and the Indian Government up to 1861. As to the cost of the New Zealand war, he had stated the other evening that, as compared with the Estimates of 1863-4, a sum of about £300,000 in the amount taken for next year was attributable to that cause. He had added, however, that that would not be the whole cost of the war, and that he thought the sum of £500,000 would be thus expended.

Vote agreed to.
House resumed.

Resolutions to be reported To-morrow.
Committee to sit again To-morrow.

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"That in the captain's but a choleric word, Which in the soldier is flat blasphemy." And, accordingly, one man had been sentenced to receive forty lashes for "bad language.' ." If the same severe justice were meted out to Members of the House of Commons, how many of them would 'scape whipping?

Was it right to punish a civilian for theft by two or three months' imprisonment, and to give a soldier forty or fifty lashes for a similar offence? Was it consistent to sympathize with the Federal States, because they were free from the reproach of using the lash, and to raise our voice against the employment of the knout in Russia, while we perpetuated in our own services a system which was at once a disgrace to them and to civilization? He felt quite sure that, whatever might be the decision of the House now or next Session, public feeling eventually would make itself felt in a manner not to be mistaken. Were the Under Secretary for Foreign Affairs in his place, he could corroborate the statement that there was not

a single meeting at the last election for the borough of Southwark at which disapprobation was not loudly manifested of this disgusting and degrading punishment. He would, therefore, move the omission of Clause 22.

MR. W. WILLIAMS seconded the Mo- | That was rather encouraging to those who tion. He was unable to see why flogging now thought that that mode of punishment should be necessary in the British service, might be altogether dispensed with without when in some of the largest armies in the inconvenience. He wished particularly to world, the French, the Austrian, and call the attention of the Under Secretary American, it had been abolished. His for War to the state of the case in India. own belief was, that discipline might be There the Asiatics who composed the Native maintained without it. army, and who had for generations been governed by the lash, were exempted from all flogging; and the service had got on as well without it as with it, if not better. It was a remarkable fact that the regiments at Madras and Bombay, in which there was

At the same time, the British soldier was still subject to the degrading punishment from which the Native had been relieved. He had been told that the result was most disastrous in regard to the relations between the two classes of soldiery, and that the Natives pointed the finger of scorn at the Englishman who was amenable to the lash. That was not a state of things which ought to be tolerated in India; and if flogging were abolished among all the troops there, it could not be retained elsewhere. It had better, therefore, be done away with at once and altogether.

COLONEL NORTH said, that nothing was more easy than to gain hustings popularity by declamations against flogging; but he could tell hon. Gentlemen opposite, that the officers of the army would be greatly obliged to them if they would sug-no flogging, behaved well during the mutiny. gest some effective mode of punishment in lieu of it. Nobody felt more repugnance to the use of the lash than the officers themselves. But the great difficulty was to punish a man effectually, and, at the same time, not to keep him too long from the performance of his duties. Many a lazy blackguard would as soon be in gaol as out of it; so that mere imprisonment would never do. Reference had been made to the usage in foreign armies. Why, in France, they shot where we flogged. Would the English public like their soldiers to be shot in that way? In Prussia they had a torture chamber, the floor of which was composed of angles, arranged in such a way that a prisoner could neither sit nor stand at ease, and the punishment was so severe that offenders could not be retained there for long at a time, but were taken out for a little while and then put back again. The non-commissioned officers carried sticks, and the officers could inflict a certain number of cuts upon the private soldiers at their own discretion. In our army, it should be remembered, that a flogging could be inflicted only on the sentence of a court-martial. British officers were always very sorry to have to enforce this punishment, and he was surprised to hear hon. Members talk as though they imagined it was a personal gratification to the officers to see a man under the lash.

COLONEL NORTH observed, that the question was not now as to a reduction of the amount of punishment by flogging, but as to dispensing with it altogether; and he repeated that those who were in favour of such a course ought to suggest a substitute for flogging. He repeated that it was no pleasure for an officer to have a man flogged, for there was no truer affection to be found than that which existed between the British soldier and his officers.

MR. WHITE said, he had several times brought this question before the House, and he now renewed his protest against a mode of punishment so degrading, so repugnant to common decency, so cruel, and un-Christian. The hon. and gallant Member (Colonel North) said it was only by flogging that discipline could be maintained. [Colonel NORTH: No !] Well, it MR. AYRTON said, that formerly cor- was the belief of the gallant Colonel that poral punishment was inflicted to the extent the soldier could be deterred from certain not of fifty, but of 500 and 1,000 lashes; crimes only by that means. That, howand when complaint was made on the sub- ever, was not the opinion of some distinject, the stereotyped answer was just what guished military authorities. He was sorry the hon. and gallant Member had given his gallant Friend the Member for Westthat discipline must be maintained. In minster (Sir De Lacy Evans) was not in consequence, however, of repeated remon- his place to speak for himself; but he might strances in the House, the thousand lashes refer to him as having long been opposed were reduced to fifty as a maximum, and to the use of the lash. [Colonel NORTH : it had not been found that the discipline of Quite the contrary!] He could only say the army had suffered from the change. that his hon. and gallant Friend had him

self told him so, and that he gave evidence | American army. He should be very much to that effect before a Committee of the surprised if the House of Commons did House. not require our army to be kept under somewhat sterner discipline than that which existed in America; nor was he certain that if hon. Members inquired they would not find that in the American army it had beenfound necessary to resort to very severe punishments to check mutiny and desertion. He was certain that British officers would not advocate the retention of this punishment if they did not think that it was necessary, and he believed that it was the wish of all of them to inflict corporal punishment as seldom as possible. He did not think that it could be said that the liability to the lash was a degradation to the soldier. Hon. Members must recollect that by recent legislations civilians had been made liable to the same punishment; and, though he might be told that he paid the army a bad compliment by comparing soldiers with garotters, it must not be forgotten that no man in the army was liable to be flogged unless he had by repeated and serious offences proved himself to be a man of bad character.

THE MARQUESS OF HARTINGTON said, that some hon. Members had spoken as though it was the opinion of British officers that the army could only be governed by the lash; but a little reflection would show them that it was not so-the conclusion was contradicted by the smallness of the part which the lash played in the government of the army. What he understood to be the opinion of the most experienced officers was that there was a class of men in the army-and it must be remembered that we did not recruit our army from the most respectable classes, but took a good many of the most degraded-who were nearly insensible to every sort of punishment except that of the lash. When this subject was discussed in 1860, Lord Herbert, then Mr. Herbert, entered very fully into the reasons which, in his opinion, rendered it necessary to the discipline of the army that the punishment of flogging should be retained; and he was sure that hon. Gentlemen would agree with him that there must have been a very stern conviction of the necessity which made such a man as the late Lord Herbert speak so emphatically as he did of the necessity of retaining corporal punishment. Hon. Members who had taken part in this debate appeared to have forgotten a very salutary change which had been introduced during the last few years, according to which no man was liable to be flogged, except for grave offences of a mutinous nature, until he had for previous bad conduct been degraded into the second class. He was happy to say that the Returns showed that, of late years, the total number of floggings in the army had materially decreased. In 1858 the number was 218 in the army in Great Britain and Ireland, and 13 in the militia; he had not been able to find the Return for 1859; in 1860 the number of men flogged was 179; in 1861, 168; and in 1862, 126. If these Returns did not prove much, they at least showed that officers were not inclined to flog more than they could help. Hon. Members had referred to the discipline of other armies as being maintained without flogging; but he believed that in most of the European armies the punishments were more severe than our own, and that in many cases where we flogged they would shoot a man. Some hon. Members had mentioned the

MR. BASS said, that both the noble Marquess and the gallant Officer the Member for Oxfordshire (Colonel North), had maintained that the discipline of a large part of the army was independent of the lash. Why, then, should not the lash be done away with altogether? The noble Lord said that there was a class of offenders in the army who were so abandoned that they were insensible to any punishment but that which was only fit for brutes; and the gallant Colonel asked the House to suggest a remedy for that evil. He said, "Get rid of such men altogether." That was what had to be done with them at last. We heard every day of men being drummed out of regiments because they were so abandoned and worthless as to be no longer fit to associate with human kind, and he suggested that that should be done before flogging them, instead of afterwards. The army was mainly composed of men of high spirit and great bravery, and why should they be degraded by having to associate with men who could only be classed with felons. Men who could only be kept in order by the lash should be turned out of the army at once.

COLONEL NORTH said, that the only means of avoiding the necessity for having this bad class of men in the army would be to double or treble the pay of the

soldier; and he should like to see what in a force which was recruited from the the house would say if they were asked to higher class than the rest of the armyvote the pay of the privates at the rate of namely, the Royal Artillery. An artillery2s. 6d. a day. Was there no flogging in man possessed a considerable amount of gaols? Why, if he was in command of education. Many of the Artillery were a regiment in the City of Oxford he could drawn from a class superior to the rest of not flog a man without holding a court- the army. ["No!"] Did hon. Gentlemen martial upon him; but if he took off his mean to say that the Artillery, as a body, red coat and went into the gaol he could, were not superior to common soldiers? as a visiting magistrate, order a man to be flogged without any trial.

MR. W. WILLIAMS said, that there was an ample substitute for flogging contained in the provision of the Bill, which enabled the Queen to commute that punishment into forty-two days' imprisonment, with or without hard labour, and with or without solitary confinement.

COLONEL NORTH: Who is to do his duty?

MR. W. WILLIAMS: Who is to do his duty while his back is bleeding?

COLONEL NORTH said, that the effect of the arrangement proposed by the hon. Member for Lambeth would be to make a good soldier perform forty-two days' duty for a blackguard.

MR. ALDERMAN SALOMONS pointed out that, after men were flogged, they were, in most cases, sent to the hospital, and some one must do their duty for them while they remained there. In consequence of some strong representations of the flogging at Woolwich last autumn, he believed that some less severe system of punishment had been adopted, and he had not heard that the discipline of the garrison had suffered in consequence. Even admitting that some flogging might be necessary, he thought that it was an unnecessary cruelty to the well-behaved men of a regiment to compel them to be the spectators of such an unpleasant and disgusting punishment.

MR. HENRY SEYMOUR asked whether the figures quoted by the noble Marquess included floggings in India, and, if not, whether he could furnish the House with Returns which would show the punishments inflicted there? He did not think that flogging could be entirely dispensed with in the army, but he thought it might be still further reduced. For violence to superiors, disgraceful conduct, and insubordination it was proper to flog; but that punishment ought hardly to be inflicted for such offences as making away with necessaries, or even desertion. What was most remarkable was that the greatest amount of flogging appeared to take place

COLONEL NORTH remarked that a private artilleryman was enlisted for his size, and passed the doctor in the same way as any other soldier.

MR. HENRY SEYMOUR maintained that the education he received after he joined rendered him superior to a common soldier, yet there were more punishments inflicted in proportion in the Artillery than in any other part of the army.

LIEUTENANT COLONEL W. STUART said, he could not regard making away with necessaries for the purpose of exchanging them for drink as a minor fault. It was, in fact, an offence on account of which it was necessary to continue the punishment. But in many cases flogging was the maximum of punishment to be allowed, and instead of it the minimum was in general inflicted. In fact, if hon. Members looked over the list of punishments inflicted, they would find that the punishment of flogging was inflicted in very few of the cases for which it could be inflicted. In his five years of embodied militia service he had never seen a soldier flogged, nor sat upon a court-martial which assigned that punishment; but there were instances in which no other punishment reached the aggravated nature of the crime. Then there were places in which there was no Government prison, or the prison was already full, and flogging was the only means left to inflict a proper punishment. There were instances of soldiers being sent to prison and coming back confirmed in crime and repeating the same offence; and, on the other hand, the first flogging had had the effect of bringing the soldier to a sense of duty. This showed that there were certain natures which could be best reached in this way. He hoped to see the time when the Return of men flogged in the army would give not 130, but twenty or thirty in the year. But this was not a change to be effected at once. Education would do it by degrees. With reference to what fell from the hon. Member for Poole (Mr. Seymour), he (Lt.-Colonel Stuart) would say that the men in the Artillery were recruited in the ordinary

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