21st of June last, for their great exertions upon that occasion, when the French army was completely defeated by the allied forces under the marquis of Wellington's command; and that the marquis of Wellington be desired to communicate to them the present Resolution." His lordship took occasion to state, that colonel Cadogan, after he had received the wound which was mortal to him, had expressed only one wish to those into whose arms he fell-it was to carry him to the top of an eminence, that he might, to the last moment, contemplate the contest in which his country was crowned with victory.Agreed to nem, con. as were also the fol"That this House doth acknowlowing:

had thought it a mark of respect due to them to vote an Address to his royal highness the Prince Regent, praying that a monument might be erected to their me mory. This honour had been confined to general officers. He trusted, however, they would pardon him, if he called their attention for a moment to the loss of a man, the first in honour and merit, though not so high in military rank as to call for that particular distinction. He need not say that he alluded to colonel Cadogan. Whoever had looked to the history of the campaigns in Spain, would have found that his name was ever among the foremost in the day of action: that he had signalized himself in every great battle which had been fought, and deserved the ledge and highly approve of the distinacknowledgments of his gallant comman- guished zeal, valour, and discipline, disder. He would not trespass on the House played by the non-commissioned officers any further, if it was not consistent with and private soldiers of his Majesty's forces their usage to vote a monument to an of-serving under the command of field marficer of his rank; but, he trusted they would pardon him for interesting their feelings in the fate of one who was lamented by every one that knew him, and thus bringing his name before them if they could no more.

The first Resolution was then put, and carried nem. con.

It was next resolved, nem. con. « That the thanks of this House be given to lieutenants general sir Thomas Graham, sir Rowland Hill, the earl of Dalhousie, sir Thomas Picton, sir Galbraith Lowry Cole, and the hon. William Stewart; to majorsgeneral George baron Bock, Charles baron Alten, the hon. Charles Colville, George Anson, John Oswald, John Ormsby Vandeleur, George Murray, Frederick Philips Robinson, lord Aylmer, and to the several other officers of his Majesty's service, for their great exertions upon the 21st of June last, when the French army was completely defeated by the allied forces under the marquis of Wellington's command."

Lord Castlereagh, after prefacing the motion with a high eulogy upon their admirable conduct, and deploring, in feeling language, the loss of officers who, though of lower rank, were not of less merit, or of less interest to the country, than those to whom they had just paid the tribute of their approbation, moved, "That the thanks of this House be given to marshal sir William Carr Beresford, knight of the most honourable order of the Bath, and to the several general officers and officers of the Portuguese service, who were present at the glorious battle of Vittoria upon the

shal the marquis of Wellington, in the glorious victory obtained upon the 21st of June last near Vittoria; and that the same be signified to them by the commanding officers of the several corps, who are de sired to thank them for their gallant and exemplary behaviour.""That this House doth highly acknowledge the zeal, courage, and discipline, displayed by the noncommissioned officers and private soldiers of the Portuguese forces serving under the command of field marshal the marquis of Wellington in the glorious victory obtained upon the 21st of June last near Vittoria."-"That this House doth highly acknowledge the distinguished zeal, va lour, and good conduct, displayed by the several general officers, officers, non-com. missioned officers, and private soldiers, of the Spanish forces who served under the command of the marquis of Wellington, in the splendid and decisive victory obtained over the French army upon the 21st of June last near Vittoria; and that field marshal the marquis of Wellington be desired to communicate to them the present Resolution.”

COURT MARTIAL ON LIEUT. COLONEL Mr. William Smith addressed ORDE.] the House on the subject of a sentence passed on lieut. colonel Orde, by a court martial at Halifax, in Nova Scotia, on charges of cruelty, tyranny, and fraud, which sentence has since been reversed. The facts of the case were, that colonel Orde was tried at Halifax in August and September last, and found guilty, without

and that the discipline could not be maintained by milder methods; but he conceived that no plea of this kind could excuse the severity which had been practised, and which had been carried to a de

ed, 132,000 lashes having been inflicted on only 400 men in a period of three years and a half. The conduct of colonel Orde was also chargeable with fraud and exaction. He had claimed and kept back stores to the value of £450 from the quarter-master of the regiment, which were proved not to belong to him, but which the quarter-master chose rather quietly to give up than run the hazard of an unequal contest with his lieutenantcolonel. His behaviour to the officers was equally ungentlemanly and unofficerlike. The hon. member here referred to several instances mentioned in the evidence, in all of which complaint and remonstrance against the injustice were sure to be fol lowed by reprimand, if not punishment. Under all these circumstances he had been found guilty by the court martial who tried him.

qualification, of inflicting punishments on privates, contrary to martial law. On the second charge, for fraudulent practices towards the quarter-master, involving a sum of 445. the decision was, that it was not fully proved that he originally intend-gree totally unprecedented, as he believed to defraud the quarter-master; but he was not acquitted from blame, and was ordered to repay the whole sum. On the third charge of cruelty and oppression to officers, he was found simply guilty, with no recommendation to mercy on any account whatever. It did not appear that sir J. C. Sherbroke, the governor, bad made any representation in his favour. The punishments which were inflicted in the Bermudas were such, that major-gen. Hodgson reprobated them in general or ders. The men were strapped with a canteen strap, which, though it did not pierce the skin, was, in the opinion of one of the surgeons, worse than the cat, from the risk of contusions. One man was punished so for losing his stock, another for having lost a button from his coat, and another, because, after having done duty on a very wet day, his belt was found very much daubed with dirt; another received 60 lashes in the same manner from a mere suspicion of drunkenness, from having the look of being in liquor. For some similar trivial offence another soldier in the regiment was sentenced to be loaded with a knapsack filled with stones, to carry two firelocks, and then to walk up and down all day while not on guard, and was not even permitted to sit down while at dinner, but it was brought to him at the sun-dial, when he was compelled to stand and eat it. In consequence of this treatment the man deserted, and was ordered to receive 1000 lashes, 500 of which were actually inflicted. These enormities were carried into effect by a miserable instrument, an adjutant of the name of Herring, as lieutenant colonel Orde declared, under his express orders and sanction; but after the commencement of the trial, he retracted this declaration which had been made on the parade, and said that the punishments had been generally without his knowledge. The regiment, which amounted to about 400 men, were confined, the whole time of colonel Orde's commanding at Bermuda, to the small barracks of St. George's, and not suffered to go into the town, except a few of them who were good men and well dressed." It was stated indeed in justification of this harsh treatment, that the regiment was exceedingly disorderly,

He had, however, been since re-instated, and he (the hon. member) conceived that he could not do a better service to the army than by calling for the minutes of evidence on that occasion, in order that it might be seen that no officer who had been so dismissed from the service, could be re-instated without notice and enquiry. He accordingly moved, "That an humble Address be presented to his royal highness the Prince Regent, that he will be graciously pleased to give directions that there be laid before this House, Copy of the Minutes of a Court Martial held on lieutenant colonel Orde, of the 99th regiment, in August and September last, at Halifax, in Nova Scotia."

Mr. Manners Sutton admitted that the motion of the hon. gentleman was perfectly regular and constitutional, and he also thought that the granting the motion for enquiry would be most satisfactory to the gallant officer himself; but at the same time he believed it would not be denied that it was a matter of considerable delicacy for parliament to interfere in the proceedings of courts-martial, except from absolute necessity. He had viewed this case with as much impartiality as the hon. gentleman, but he saw it in a different light. In those voluminous proceedings, which filled 400 pages, he saw as much confusion as he ever witnessed in the proceedings of any court-martial. He had

never read any trial of the kind in which to shew how much the commanding officer the evidence was more confused, vague, had always been alive to subjects of this. and contradictory, nor marked with a nature. With respect to the first charge, stronger spirit of unfairness and acrimony he certainly disapproved of the mode of on the part of the prosecution. But what punishment adopted, a mode of punishment he chiefly rested his objection upon was, which would undoubtedly have been put that this prosecution had not been insti- a stop to whenever it reached the ears of tuted at the time and in the place where the commanding officer or the Commander the offences were said to have been com- in Chief. But however reprehensible the mitted, but was put off a year and a half mode, the motives of colonel Orde were afterwards, so that the first hint lieutenant good; and there, were particular circumcolonel Orde received of it was on his re- stances in the case of this regiment, which torn to London. By the Mutiny Act, no ought to be taken into consideration in offence was cognizable by a court-martial forming a judgment on the case. The after a lapse of three years, unless some regiment was in a state of great insubordiimpediment could be shewn to exist in the nation-they were not only greatly adway of the prosecution. What impetliment dicted to the vice of drunkenness, but other had existed here? None at all; and it was very heavy charges were brought against this consideration, more than any other, them. With respect to the second charge, which had weighed with those of the Prince of scandalous conduct on the part of colonel Regent's advisers who had recommended Orde in the case of a deficiency of 4501. colonel Orde's re-instatement in his com- the court acquitted him of any intention mand. The first charge was for behaving to defraud. He admitted that colonel Orde in a manner unbecoming an officer and a was liable for the deficiency. With respect gentleman, in flogging several soldiers of to the third charge, it was very much like the 99th, at Bermuda, without the sentence the first. It was for tyranny and oppresof a court-martial. All these alleged sion during the space of five years since he offences which were stated to have taken joined the regiment in 1807, up to the place in January 1809, had really taken period of the charge, without stating one place in 1808, and no charge had been fact, or pointing out any precise time when brought against him until after the expira- any offence was committed. The court tion of 18 months, and when he had left however entertained the charge. He was the settlement on account of his health. accused of having confined the men to the In extending mercy to colonel Orde, the barracks for four years. But they were crown thought proper to notice the illegal not confined by colonel Orde alone, but punishments which he had ordered, and by four different commanding officers, for directed that he should be reprimanded. whenever they went out they uniformly Of the thirteen cases, however, which had returned drunk. The court, however, been stated, the majority of those described never observed on the conduct of the three as having been illegally punished, were others, who ought to have shared the punished for drunkenness. It is true they blame, if there was any, but laid the whole were punished with canteen straps, a mode burden on colonel Orde. Another offence which was altogether illegal; but the was, the not allowing servants to officersoffences were such as would have subjected that is, not allowing them to be exempted the individuals to punishment. It was in from duty. Why? Because it was neces Evidence, that in all these cases the men sary that all should be on duty, and none were thankful they were not brought to a could be spared. It appeared, however, court-martial. One man who had received that whenever an officer was ill he was altwo dozen of lashes was asked for what? lowed to have his servant exempted from For being drunk." "Was you very duty. Various other accusations of a simidrunk?”—“ 0, very drunk." The hon. lar nature constituted the sum of the third gentleman had said it was in vain to prefer charge. He thought if the House took all complaints to general Hodson, which could the circumstances of the case into consionly terminate in the punishment of the deration, they would agree with him in individual complaining of colonel Orde.deeming cashiering too severe a punishBut general Hodson expressly states that he had taken the greatest pains with that regiment, and had stated to every man the manner of procuring access to him, and the way he was to apply. He stated this

ment for colonel Orde.

He was sure, however, they would at any rate agree with him in thinking, that if his merits did not protect him, the law would protect him. The crown, taking his long services

into consideration, after reflecting on the | the court martial before the public. The irregularity of the punishments, and order-right hon. gentleman had selected those ing him to be severely reprimanded for them, thought proper to order him to be restored to his regiment. Upon the whole, he conceived it would be injurious to the discipline of the army to allow the production of the papers called for by the hon. mover.

cases to which he thought he had good answers to give; but he had omitted to take any notice of a number of others, mentioned by his hon. friend, which made a strong impression on himself, and several other members of the House. The case of captain Tryon was one of them. This officer was two years under arrest, on an unfounded charge, without being brought to trial. The strongest case, however, was the illegal punishment of the soldiers, and the indignities with which these punishments were accompanied-indignities not only to the men who were punished but to the spectators. Many of the offences for which the men were punished more severely than by the cat-o'-nine tails, could never have been entertained by a court martial. It was stated by the right hon. gentleman that this regiment was ex

Mr. Abercromby admitted the inconveniencies that would arise from converting the House into a Court of Appeal for the army; and that the interference of the House could only be justified by strong cases of necessity. In this case, however, this was not an appeal from an officer to the House; but his hon. friend had merely communicated to them the information he had received. The right hon. and learned gentleman thought an unusual acrimony had been displayed on the part of the prosecutors; but this was all known to the court-martial, and to general Sher-tremely ill disposed; but could there be brooke, through whose hands the proceed- a stronger proof of the bad effects of seveings passed, but who did not think proper rity of punishment than what was afforded to recommend any alteration of the sen- by this regiment, where 132,000 lashes tence. Lashes with canteen straps were were inflicted on 400 men in three years understood to be more dangerous, when and a half, and where the men were excarried to a certain extent, than those ceedingly hardened and irregular? He given by the cat-o'-nine-tails. With re- was astonished that this officer should not spect to four of the thirteen men punished only have been pardoned, but restored to in this way, one of them was punished be- his former regiment with a severe repri cause he lost his stock; another, because mand. It was said by the right hon. gen he lost his buckle; another, because, in a tleman, that many of the punishments, rainy day, he had dirtied his belts; and though irregular, were inflicted from mothe fourth, because the quarter-master had tives of lenity. An ordinary man would said to colonel Orde, that he had a red say, on his resuming his command over face, as if he had been drinking. It ap- those men who had been his accuserspeared to him, therefore, that a stronger" You ask for law, and you shall have it." case could not be made out. The men-It was certainly extremely injudicious were severely punished, not only for the to place a man, embittered as colonel most venial offences, but even for suspicion Orde might be supposed to be, in the siof offences. It was stated, that in this tuation of having it in his power to trample regiment of 400 men, 130,000 lashes were on his accusers. In justice to colonel inflicted in the space of three years and a Orde, and his Majesty's government, and half. This was a case, he conceived, in justice to the soldiery, he thought the which indubitably called for the interfe- facts of this case ought to be laid before rence of the House. the public. He had never heard any thing said as to the necessity of limiting these punishments to a certain number of lashes. He should therefore vote for the question.

Sir Samuel Romilly thought it peculiarly hard on colonel Orde that his case should be discussed in the House, without their being in the possession of the necessary information. From the defence of the right hon. gentleman, it appeared to him, that unless he acted on informalities there was an extremely strong case of tyranny, cruelty, and oppression, against colonel Orde. Were he the friend of colonel Orde he would advise him not to let the case rest here, but to lay the evidence of

Mr. Manners Sutton explained. He stated that colonel Orde had not been sent back to the regiment, but was now in London.

Lord Castlereagh contended that nothing could be more imcompetent than for the House to re-try cases of this nature. If this was so, still less ought they to enable