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VOL. XIX. No. 24.)


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Act, will find, that, for all capital offences,

soldiers are amenable to the law of the FLOGGING OF SOLDIERS.--It was, 1 land; so that, in this respect, they have thought, time for this sad subject to begin the full benefit of the give place to others, especially as it But, to return to the assertion, that the must always be, in itself, so painful to all soldier is “out of the pale of the constituconcerned in the discussion, and more " lion,it is curious enough, that this asparticularly to those, who were in bopes sertion, which was made in an article, that something had been done towards the written against the publication of Mr. attainment of their great object, the abo- Drakard, should have been, apparently, lition of the punishment. But, it seems, attributed to Mr. Drakard himself; and, that the tools of corruption, the enemies it is still more curious, that this same of reform of all sorts and of every sort, slave of corruption should now renew his are resolved to keep the odious topic be assaults upon Drakard hy imputing to him fore the eyes of the public and the army; words having a tendency towards a meanthey appear resolved to have the last word, ing which he himself had plainly exto leave nothing undone with a view of pressed as his own. -This corrupt tool making the public believe, that all those, sets out by observing, that his article was who wish to see the punishment of flogging ready some time ago, but that he refrained our soldiers done away, are something from publishing it, until the Trial of MR. very little short of traitors to their country, DRAKARD was over, lest he should subject and ought, at least, to be sent to expiate himself to the charge of a design to pretheir crime at Botany Bay.--In the judice his judges.-_But, if he had been Courier news-paper of the 21st instant, actuated by any motive of this sort, why there is not only a laboured defence, but did he publish the former article? And, bea highly-wrought eulogium on flogging. sides, though the trial has taken place, the One would think that the writer was a sentence has not. Now, either he looks Drum-Major, and was afraid of losing the upon his article as likely to have some fees, which, formerly at least, were paid weight, or he does not : if he does not, by the flogged party for the use of the then is his motive of forbearance an hycat-o’-nine-tails. This “ busy slave” pocritical pretence; and, if he does, then bas gone further than any other of those is he, not baser than he was before, but who have, in any manner, assailed the certainly one of the basest of all mankind; opponents of the system of flogging; and, for, his endeavour now is to make the according to him, the measure now intro- public believe, that Mr. Drakard may duced, and which it is said) has a ten-ihink himself well off if he be not sent to dency to diminish the quantity of flogging, Botany Buy, and, indeed, he plainly says, must be an evil. Really, I can form an that that is the manner in which he ought idea of nothing upon earth so likely to to be punished. ---The wretch well produce mutiny, outrageous mutiny, in knows what odium this must expose him the army, as the cold blooded manner, in to amongst all the good part of the public ; which this writer speaks about flogging bat, he also knows, that this is the way, the soldiers; the placid manner, in which and the only way, of recommending himhe insults them. It will be recollected, self to another part of the community, from that this venal slave, sometime ago, whom, no doubt, he looks for full complainly, and in so many words, declared, pensation, in the only way that he values, that the soldier was cut off from civil so- | for his turpitude. This writer endeaciety; that no law but the military law vours to answer, or rather to cavil down, applied to his case ; that he was « out of some of the arguments that were urged in "ike pale of the constitution." Not, as far defence of the prosecuted publication as 2 hanging goes, at any rate ; for the it stood in the Examiner. He denies that ! busy slave," if he reads the Mutiny there was any similarity between the

publications of Sir Robert Wilson 'and, according to this corrupt tool; but if we Sir John Stuart and that of Mr. Dra- speak freely (whether truly or not), woe be KARD ; for, says he, they did not disapprore unto us, for be plainly iells us, we ought of flogging, but merely of the indiscreet to be punished. We may discuss as long manner of flogging. I never read either of as we please; but we must take care of our their pamphlets; but, if they did not dis- language. We are quite free to discuss, but approve of flogging; if they did not think if we are free in our language we are to be flogging a bad thing, all that I can say punished. He tells us, that the conduct of the matter is that they have been mis- of a judge may be discussed, but that it does represented, and that the real truth should be not follow that he may be called a corrupt known. But, this has nothing at all to do villain, a cruel tyrunt, perverting the laws to with the argument, which was that Mr. oppress the people. But, suppose the said DRAKARD had as good a right to express bis Judge TO BE a corrupt villain, a cruel disapprobation of flogging the soldiers as tyrant, perverting the laws to oppress the peothese two officers had, and as much a ple. Answer me, tool; suppose the said better right as he manifestedly possessed Judge to be all this, must we not say so? *literary talents superior to those of both Must we not call bim a corrupt villain and put together.- This pander of corrup- the rest of it? If we must not, what, tion finds himself puzzled with what has you “meddling slave," do you mean bybeen said of late about the Liberty of the discussion? What do you mean by our Fress, and wishes to make it out that there being free to discuss? And, again, as to may still be a vast deal of this precious Parliamentary Reform, whal freedom can liberty, though a man may not make a there be in discussing it, unless we are at publication like that of Mr. DRAKARD : liberty to state the reasons for such reform, and, this is what he says upon the sub- and to describe truly and fully the evil ject. .“ Does the article in the News. of which we complain? It does not

papers make any distinction? Does it ad follow that Parliament may be charged mit of the practice of flogging under any with erery crime. Oh, no! Only with

circumstances ? Does it not condemn such such as can be proved. No man, no re"a mode of punishment totally, without con. former asks for more. No reformer dition or reservation ? But this is no of wishes to have liberty to tell lies of the “ fence! Certainly not.

The offence Parliament. No one of us wishes to say consists in the manner of carrying on the any thing of it but what he can prove to discussion, not in the subject of discussion. be irue; and, if he cannot do this, how is “ There is no subject, to discuss which is he to discuss the question of reform? How "an offence, especially if discussed in ain I to ask any man to reform his life “ the abstract, as the practice of flogging unless I first point out to him his vices? "might be. · But,” cry out some of our We are, it scems, quite free; free as air "opponents, call you this liberty ? Is this to discuss the question of Parliamentary " the liberty of the press ? You would grant | Reform, but we must not for our lives, “ us the privilege of discussing any subject, point out that cohich renders such reform ne“ but you would punish us for freedom of cessury. It is, however, curious enough, language in discussing it! MOST UN-thal this same venal man, in another part “ DOUBTEDLY; we answer. Language of his article, says, that “ MANY MEM“must be limited though subjects are not. 5. BERS OF PARLIAMENT BRIBE “ The conduct of a judge may be discussed : « VOTERS, who would themselves PE"but does it follow that he may be called " RISH rather than BE BRIBED TO "a corrupi villain, or a cruel tyrant, per VOTE. The abstract guilt in either “ verting the lowus to oppress the people ? Par " case is equally great, but in the one case, “ liamentary Reform may be discussed ; "the EXTENT OF THE PRACTICE • but does it follow that parliament may " has wiped away ALL DISGRACE from “ be charged with every crime, and brandeel ~ it, while, in the other, the RARITY of "as infamous ? A man may publish a


practice has rendered it IN“ book preferring a Republic to a Mo « FAMOUS." This slave takes liber"narchy ; but is he therefore to be enties, which I shall not take, and, therefore, I "titled to stiginatize the English Monarchy shall say nothing as to the truth or falshood “as cruel, base, and detestable "So, of his primary position, namely, that 50! Here we have it! This is the whole many members of Parliament brile voters, of the old cant condensed into a small but shall argue the matter hypotlietically; sompass. We may discuss any thing, and, I have no scruple to say, that, if the

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primary position be true, all the subse your readers are beasts enough to believe quent ones are false. The man who ihat the same members would rather gives a bribe, will never refuse to take perish than be bribed ?You certainly one; and whoever purchases a seat by mean, rather perish than not get a bribe. such means is disappointed if he can. Rurity! And, do you expect that any not sell it to a profit

. Indeed, it is one, who belieres what you say about absurd to suppose the contrary; it is their giring bribes, will believe that it is to set one's face against all the known rare for them to take bribes? You hardly maxiins as to the motives and conduct of can; but, your desire to show yourself men ; and, if there be any miscreants base decided, zealous, abandoned to all sorts of cnough to give bribes, reason says, that, in abuse and corruption induced you to introone shape or another, they mean to get duce the topic and to give your encouthe amount back again with interest. ragers a specimen of the lengihs you were Having been so lost to all sense of honour prepared to go. Leaving you and as to tender and to give bribes, where are them to enjoy the benefit of this episode, you to look for that which is likely to re let me return to the subject of free discus. strain them from taking bribes in repay sion. We may, it seeins, discuss even the ment; and, as to whether they take the subject of government, and may write a bribes in money or in money's worth, where book preferring a Republic to a Donarchy; is the difference, either in a moral or a but we are not "entitled to stigmatize the political sense ? What is the difference, English Monarchy as cruel, base, and delesta whether the briber be bribed with a purse able."'. We may discuss the subject, but of guineas (or a handful of paper money,

not say what we please upon it! rather), or with a place or a pension or a execrate any

other monarchy; we are quite contract for cither himself or some rela- free to do that? Oh, no! We must take tion or dependent? The hypocrites, who care what we say of the Portuguese Mo. canningly think “to cheat the devil,” narchy or the Sicilian Monarchy or the may persuade themselves that there is a Spanish Monarchy, for a remark upon the difference ; but, in the mind of any just second of which a proprietor of a daily man, there can be none. But, this news paper was lately threatened with, if venal man says, that the extent of the prac not actually under, a criminal prosecution. tice of bribery by members of parliament has In short, this is the result: we may wiped away ai disgrace from it. Indeed ! discuss whatever subject we please ; we And yet, oh, base slave! you reproach are quite free to discuss any subject; but, the Parliamentary Reformers with being we have no freedom to say any thing that actuated by wicked motives! You treat as displcases any man in power.

That is it. seditious incendiaries all those who wish The whole doctrine lies in a qut shell. to put an end to the possibility of a prac

Provide we write nothiqg to displease any tice like this! Here you hold up the body that has power to prosecute us, we may whole mass of the electors as corrupt; write on as long as we live, without the here you hold up the source of the pre smallest risk of losing either our property sent representation as being the most foul or our liberty. “ Busy slave, and filthy and abominable; and yet, you thank you for this learned exposition of have the audacity to accuse of treasonable the law of libel. We now know the length views, those who wish to reform it! The of the tether you have given us. We may Parliament, you tell us, in one place, is discuss the conduct of a “corrupt villainnot to be branded as infamous; and, in of a judge (if such an one should ever be two columns farther on, you tell us, that found); the conduct of a corrupt villain, many members of this parliament enter the a cruel tyrant, a base perverter of the law, House by the means of bribery, that is to we may freely discuss; but if we call him, say, by means, which are not only morally either by words or innuendo, a corrupt vilinfamous, but which are regarded and, lain, a cruel tyrant, a base perverter of the now and then, punished as infumous, by law, we must beware of our property, lia the law, and to prerent which infamous berty, and eventually our lives.Thank practices, Act upon Act bas been passed you," busy slave;" your illustration is the by, and are now in force under the autho most happy that could have been disrity of, that same parliament ! — And, covered; and, thus placed in its proper after having told us, that many members light, it cannot fail io do a great deal of of the House are guilty of this infamous good. Never was there any thing more to crime, do you expect that even any of the point. We may discuss the subject of




flogging; freely discuss it; but, if we say | weekly news-papers; and, I really wonder any thing about it calculated to produce that ihe slave had not proposed to punish an impression likely to lead to an aboli us for the use of the word FLOG, or any tion of it, we incur all the pains and pe- of its derivatives, and to make it criminal nalties of libel. In short, we are quite in us to write about flogging even dogs or free to discuss, so long as we say nothing horses or mules or asses. To use the to displease any man who has the power word flog at all seems to be so offensive to to prosecute us. This is the sum total of this venal man, that we must expect soon your doctrine of the law of libel. ---But, to hear him propose that we shall be punishihis is only in common cases. We are al.ed for priøting it in any shape or for any lowed this large portion of liberty only in purpose whatsoever, lest it should offend civil matters; for, as to military matters, it delicate ears.But our members of parliaa appears ihat this “busy slave would not ment (many of whom he accuses of getting allow us even to open our lips, or mark a their seats by bribery) may, it seems, single word upon paper, good, bad, or in touch upon the matter, because, by such different. Such a subject that of parties, it will be handled with due delia "flogging of soldiers) is,” says he “ cucy and caution, and he allows, too, that it « DELICATE, a dangerous one at all may be touched upon by military men in "times, in a Newspaper, and should be employment. Not any military man, who o discussed with great caution. It should, happens not to be employed, and, of " indeed, be left wholly to military men in course, Mr. Wardle, though a military “ EMPLOYMENT, whose proper pro. man, must not touch the matter except in or vince it is, and to Parliament." Taken the Honourable House. At any rate, the “ up by such parties, a due cavtion will press is not to meddle with it; and thus, " be observed,' and soldiers will feel re- 'according to this backed-on slare, the half "spect, nay, gratitude, on finding their million of our countrymen, who are con“ governors their proper protectors, anxi. stantly or occasionally in arms for the « ous to secure ihem the kindest treat defence of their country, are not only "ment consistent with discipline. But if " out of the pale of the constitution," but also " weekly Newspapers, instituted and written, out of the pale of the press, which must take « to flatter and corrupt the lower rauks, no more account of them than if they " to spread discontent and feed sedition, were so many stocks or stones. Not only “ every Sunday among the labouring are all the principles of the laws to be “ classes, to the exclusion of RELIGIOUS dead as towards this half million of our • duties; if such publications take up the countrymen; but they are to be cut off “ subject, and treat it in the manner de- from all notice on the part of the press, “ scribed, soldiers will feel very different which, in one way or another, takes " sentiments. They will easily be persuaded notice of every other creature. This " their ofñcers betray and oppress, and that venal man will allow us to write about “ Government neglects them; they will sheep and pigs, and he has himself fre“ look up to the alehouse democrats as quently urged their claims on the humanity « the expounders of their duties, the of the legislature. Nay, I have seen him “ champions of their rights ; and thus hold up to abhorrence and very justly) a “ they will be prepared for revolt. The hard hearted rulan, who had been seen " privilege of discussion in a free stale, does Rouging a poor horse 'till the animal drop“ not necessarily include an unlimited ped; but, he will not allow, that the “ right in CIVIL citizens to animadvert public prints shall meddle at all with the “ on the relations between soldier and officer; lireatment of the half-million of our coun. " or if such a right be assumed, it should trymen who are subject to military law; “ be touched with the delicacy shewn to a and he tells us, that the privilege of discus" thing which does not properly belong to us." sion in a free state does not include the

Why this everlasting use of the words right in CIVIL citizens (meaning people delicate and delicacy, as applied 10 the sub- out of the army) to animadvert on the relaject of flogging of soldiers? How is one tions between soldier and oficer; and, he to speak upon such a matter with delicacy? adds, that it is a thing which does not proOh! you are very delicate upon this perly belong to us! And, this is said in point; by why are you so? The reader England, observe ! The slave would not will answer the question. It is, you say it neither if he did not expect, and, see, reader, not to be touched upon in the indeed, knew, that it would, by his readers, newspapers, at all, and particularly in the be received with approbation. What a

pass, then, 'must he think things are " to their grievances ! No men know the ooming to ! What views he must have of necessity of Aogging more than the soldiers the state of the nation's feelings and af themselves, or APPROVE of it more when fairs! This article speaks a great deal " wisely resorted to, and moderately exercismore than meets the ear. The civil ci «ed. But it evidently is easy to persuade tizens of a free stale must not meddle with “ men of their education and habits that they the relations between soldier and officer ! “ are cruelly treated, though they knew it This is cutting the soldier off from civil “not till they were told so."--Now, reader, society with a vengeance. This is the is not this considering the soldier in the true way. It is making short work of it. light of a mere beast is not this a most

And yet, it must cut this man and galling insult? Is it not a most cutting his like to the very soul to be compelled stroke at half a million of our countrymen, to make these avowals. They would fain to represent them as such stupid beasts as not do it. They would fain see the press to be easily persuaded that they do feel muzzled, completely muzzled, and keep that which they do not feel? Men of their talking to us about its liberty all the while. education und habits! Why, they are half a That is what suits them best. That is their million in number; they are a considerable favorite. It is what they have long and part of the male population of the country; long been at. So that it is beyond mea. they are a 1 4th part or there abouts of all the sure grievous to them to be obliged to males in the kingdom ; they are, perhaps, throw off the mask, and to let their ty- a full fourth part of all the able-bodied rannical principles stære us fully in the men in the kingdom; and, all these, our face. This they have been driven to by own countrymen, too, are represented as the recent discussions upon the subject of being such senseless, such stupid, such Pogging and of the Liberty of the Press, in brutal animals, as not to be able to discern which discussions-they have failed in all the truth or falsehood of what

said to their attempts to make the existence of the them about what they themselves expelatter reconcileable with adenial of the right rience! Never was any set of human to state freely and fully and in as strong creatures so shamefully insulted.-Belanguage as we please, or are able, our dis. sides, if they are such beasts, if their eduapprobation of that mode of punishment. cation and habits are so degraded, is it This effort of the COURIER is, however, likely that they will READ; and, if they the last, and a desperate one it is. It was read 'not, how are they to be affected by !o very stupid, that I was inclined to let our publications But, the venal man it pass, especially, as I was called from it tells us, that the soldiers themselves know by so many inviting topics; but, I " the necessity of flogging, and approve of it." could not find in my heart to leave such a Well, then, what danger can there be in mass of tyrannical principles without writing about it? How is it possible to exholding them up to the abhorrence of my cite mutiny amongst such men by writing readers; and, having begun upon it, 1 against flogging? What a heap of incon

go on to the end. Mr. BROUGHAM sistencies and contradictions are here ! (as I had done before) treated with ridi- What indubitable proof of a rotten cause ! cule the idea of any man being likely Verily, you had done well, if you had left 10 succeed in persuading the soldiers the matter as it was, and not made this last to dislike flogging. Hear the an- desperate attempt to retrieve your defeat. swer, which the venal man gives 10 The Courier says, but produces no proof, this. ." But it is affirmed there can that the flogging in our army is very rare; " be no danger in these inflammatory that it is a punishment very seldom inflicted; " libels. “Men are so punished or they and that it is, on that account, held to be "" are not,” it is said. “ If they are not very disgraceful. But we must take the " " so punished, where is the danger ? and whole passage, for it is curious in the ex. "" if they are, how can it be dangerous treme. S The French mode of punish"" to tell them of it, since the fact is daily“ ment is preferred and recommended. "" before their eyes. They are informed “ An attempt to introduce it into the Eng$¢ ¢ of nothing new to inflame them.” By “ lish army could only be made by igno. "such miserable sophistry is this atrocious “rance or malignity. The characters and " libel defended; and by one of the most tempers of the two nations are quite dif. " renowned champions of the gang too. "" ferent. If two coblers quarrel in France "Our first parents were found in content “ they go out with pistols or swords and " by the Devil, but he opened their eyes “ fight a duel. Englishmen are not so

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