preparation to effect. Here were the only cases in which the militia were embodied since their original institution, and all were comprehended within the description of his noble friend. Where, then, were to be found the numerous instances which history afforded, according to the assertion of the noble Secretary, in which the militia were called out, when none of the cases described by the noble mover had any existence? But, leaving the noble Secretary to revise his historical quotation, he would ask, upon another part of his speech, what was meant by the assertion that government was warranted in calling out the militia whenever the country was at war? If it was meant that a state of war justified the embodying of the militia without any reference to the apprehension of invasion or insurrection, then the principle might be pressed to warrant the calling out of this force upon the existence of any war in India. But the fact was, that no such principle could for a moment be maintained; and it was his fullest conviction that if the measure of ministers, which gave rise to the motion, had no other grounds to stand upon than those stated by the noble Secretary, that measure was not only not legal, but grossly illegal. If there existed no ground of apprehension from the continent of Europe, and that apprehension was removed by the peace, what reason could be assigned, what necessity could exist, for increasing the means of an internal defence in the present undisturbed state of the country? Why, then, should the militia continue embodied? What danger or apprehension of danger could be supposed to warrant such a measure? The merchants had no doubt made loud complaint of their apprehensions from the activity of American cruizers, by which it was alleged that our ports were nearly blockaded; but was it apprehended that there was any danger of an invasion of this country from America, to make the embodying of any part of the militia necessary? If so, then let recourse be had to parliament to consider and allot the proportion deemed necessary, so that the burthen shall be fairly distributed among the several counties. The noble Secretary had assured the House, that no partiality was intended in the allotment which now existed; that it was through mere accident the militia of any county had been disbanded while that of another was retained; and farther, that those counties whose regiments were retained in service, should be

relieved by the public purse, from the burthen of maintaining the wives and families of the militia-men. But, did these assurances afford an adequate remedy for the evils complained of? It was the duty of the legislature to interpose upon such an occasion, not merely to remove partial pecuniary burthens, but to remove inequality of service. The pecuniary burthen was, in fact, but a trifling grievance, compared with the inequality of personal service, which the measure under discussion created. The noble lord concluded with repeating his opinion, that if the country were really in so deplorable a state as to apprehend invasion from America, and that therefore the militia, or any part of it, must continue to be embodied for ensuring our domestic defence, it was a subject proper for the consideration of the House, how the burthen of providing for the force deemed necessary should be equally divided.

Viscount Sidmouth, in explanation observed, that he had been much misunderstood by the noble lord. He never asserted that the militia laws were merely a restraint upon the prerogative of the crown from calling upon all his Majesty's subjects for military aid; all he meant to state was, that those laws were a restraint upon the crown, so far as regarded the special cases under which alone the militia were to be continued embodied. The instances quoted by the noble lord had also been quoted erroneously, the militia having been continued embodied in the French and the American war, after all imminent danger of invasion had ceased. had ceased. With respect to the war likewise that commenced in 1792, he was surprised to find that the noble lord's memory had failed him, it being the fact, that the secret committees alluded to by the noble lord, did not investigate the subject till a considerable period,-not till the year 1794 or 1795-after the militia were called out. In all the instances indeed, the militia were continued embodied long after all danger of invasion had ceased. In the late war, for example, all danger of invasion had ceased after the remnant of the French army returned from Moscow; at which period, if the principles of the noble lord were to have been adopted, the militia ought immediately to have been disembodied. This served to prove the erroneous construction which the noble lord had put upon the militia laws; a construction which was at variance with all the practice upon the subject. As to the

supposition of the noble lord, that he had hinted at any danger of invasion from America, it was completely unfounded; all he had stated was, that the foreign and domestic calls for military service rendered it necessary that the militia should be continued embodied; and however he might lament the inconvenience of the burthen that thereby ensued, the exigencies of the public service rendered it imperative.

The Earl of Donoughmore observed, that what had been already said upon the question immediately before the House, rendered it unnecessary for him to enter at length upon the subject. He could not, however, help observing upon the partiality which appeared to have been observed in continuing some regiments of militia embodied, and disembodying others, and on the vacillation which seemed to have marked the conduct of ministers upon this point. Whilst important negociations were under their care abroad, they seemed to have nothing to do at home but to attend to the military service, and yet upon this subject the strangest inconsistency had occurred. His noble friend had, he thought, given an amply sufficient answer to the noble viscount, as to the legality of continuing part of the militia embodied. The noble viscount, however, seemed to intimate that this was to be so far rendered a permanent measure, that a special act of parliament was to be proposed to regulate it. Why this should take place without some better reason being assigned for it, he was at a loss to understand; certain he was, however, that the proceedings of ministers in disembodying some regiments of militia, and continuing others embodied, ought to be looked to with a watchful and jealous eye. The continuing the militia embodied, for instance, in the district of which his noble friend, the mover of the present question, was the natural protector, was a grievous burthen; whilst in Ireland it was far from being a burthen, it was looked up to as a service of advantage and emolument, and afforded a considerable patronage to the government. It ought not, however, to be endured that the government should convert into a source of patronage this partial measure of continuing embodied a certain portion of the militia. What were the actual intentions of ministers, he knew not; but certainly in Ireland there had been a strange jumble of marchings and counter-marchings, orders, and counter-orders. Nothing could

be more ridiculous, for instance, than their indecision respecting a trifling military question. The cavalry barracks at Cahir had been delivered up two years ago in a perfect state, whilst in the barracks of Clonmell, where the 15th dragoons were quartered, complaints were made that they were not sufficiently accommodated; and the infantry there also complained that they were too much pressed upon by the cavalry. In answer to these complaints, it was intimated that government had had before them for three months a question respecting the racks and mangers, but had not yet come to any determination upon it. Seriously, however, some information ought to be laid before the House as to that state of the continent, which, according to the noble viscount, created the necessity for this partial measure regarding the militia. Upon this subject there never was a speech so remarkable for giving such little information as the Speech recently delivered from the throne, or as to any reason or necessity for calling parliament together. With respect to Ireland, ministers seemed to have forgotten that there was any such country forming a part of the United Kingdom. Not a word was said relating to it. It might have been thought, that after what passed towards the close of the last session, something would have been said. At that period two Bills were passed, one of which was for the revival of the Act, known by the name of the Insurrection Act; and the other, for want of some more appropriate name, had received that of the gentleman, who, as Secretary, managed the affairs of Ireland, and who was supposed to take a particular interest in the measure, and was commonly called Mr. Peel's Bill. These measures were proposed at a time when nearly all the Irish members were absent, and without any of that discussion or consideration which subjects of such importance demanded. He wished to ask whether either of these measures had been carried into execution in any part of Ireland; and if so, with what effect? In a part of Ireland with which he was more immediately connected, he had objected to the introduction of the operation of Mr. Peel's Bill, because there was no previous experience of any such measure; whilst with respect to the Insurrection Act, they had experience of the operation of the former act of that nature. It was on this ground that he objected to the preference given by the government to Mr. Peel's Bill.

He likewise was anxious to ask ministers a question relative to a subject which they wished probably to forget altogether-he alluded to the Catholic question. The person whose situation it was alleged was the principal obstacle to the concessions to the Catholics, had since been restored to his former territories and high functions, through the exertions of ministers; and he wished to know whether, that main objection being now done away, it was the intention of ministers to propose any mea sure for the relief of his Majesty's Catholic subjects?

The Earl of Liverpool, with respect to the militia, observed, that his noble friend had been misunderstood with regard to the Bill intended to be proposed. It was by no means a permanent measure, as the noble earl who had just sat down seemed to suppose; but merely this, that for whatever time the militia continued embodied, the counties and townships should be exonerated from the expense, He lamented as much as any one the burthen and inconvenience to which individuals were exposed by continuing the militia embodied; but it might be relied upon, that it would no longer be continued than the exigency of the public service required. With regard to Ireland, he was not aware that the bills to which the noble earl had alluded had been applied in more than one instance; but he was persuaded that they had operated in the way in which alone they were intended, namely, as preventive measures, and that to them the tranquil state of the country was in a great measure to be attributed. With respect to the question regarding the Roman Catholics, the noble earl must be aware what his sentiments were upon that point; and that though he more particularly objected to the proposed concessions to the Roman Catholics on the ground of the then situation of the sovereign of Rome, yet that he had also other and strong objections to these concessions. As to the want of information regarding the state of the continent, it was of course the inevitable result of the pendency of negociations involving complicated and most important interests, and during the pendency of which it of course followed that no information respecting them could be communicated to parliament.

noble viscount had said, that at the beginning of the seven years war there was no danger of invasion; now, the fact was, that in 1756 so great was the danger of invasion, that German troops were called into this country in the contemplation of that event. As to the American war, the noble viscount had answered himself, by stating that there were only 6,000 men in the country at the time. In 1792, at the beginning of the French war, it was true there was not much danger of invasion; but the danger of insurrection, which was one of the contingencies stated in the act as proper for the exercise of the royal prerogative of calling out the militia, was imminent. The country on that occasion were convinced of the necessity, and gave credit to the ministry for the motive. The motives now alleged were the internal and external calls for a military force. As to the necessity for troops to provide for the garrisons at home, to call out the militia for this purpose, while we were at peace with all the powers of Europe, and with a large regular force not employed in active service, was a violation of the law and usage respecting this force. And as to the foreign calls for British troops, the Prince Regent's ministers were not justified in coming to parliament with this plea, when they refused to communicate even the fact of their being continued on the continent since the conclusion of the peace. As their lordships were ignorant of any grounds on which British troops could be employed abroad, and as we were at peace, not only with Europe, but with every country from which a possibility of invasion could arise, their lordships had sufficient motives for agreeing to the motion,

The Earl of Liverpool said, that he had stated at the close of the last session of parliament, that there was an engagement in which this country had stipulated to keep up a force on the continent. From circumstances, the ratification by the other powers had not been received by this government, though we had signed that treaty. He was not aware, therefore, that it would be correct to lay the treaty in form before parliament; but he had no doubt but that, without any motion on the subject, he should be enabled to lay before the House the substance of the treaty.

The Marquis of Lansdowne thought it his duty to persist in his notice, as he conceived it would be more convenient that any discussion on the subject should take place on the day he had stated, though probably the noble earl would be able to state grounds to induce him to withdraw or alter the form of his motion. The Lords were then ordered to be summoned on Monday.

after, from the details laid on the tables of those committees, that the danger had not disappeared. The result of the details which he had adduced was, that the militia, in former times, had never been called out and embodied but under the danger of insurrection or invasion; and that when embodied, it was never kept up but when we were at war with powers within a few hours sail of our own coasts. Did the noble viscount, when he denied that there was a danger of invasion in 1778, remember the defenceless state of Ireland at that time, and the extraordinary measures to which, for the purpose of guarding against invasion, the government of that country was obliged to resort? Did he forget the immense political consequences which were the results of those measures? Did he forget that all our army was at that time in America; that in Ireland there were no regular troops; that in England there were only 6,000; that France, our enemy, was dis engaged from any continental quarrel; that Spain was at liberty to employ its power against us? It was in vain to deny it: the necessity for keeping up the militia at present, arose solely from our maintaining a large part of our regular force on the continent. This result rendered it necessary for the House to investigate every branch of that subject; whether there was any authority for such a proceeding; whether the circumstances of the present time justified it; and whether, if the necessity and expediency were made manifest, a full representation should not have been made to parliament, of a step which involved such an important consequence, not merely as the noble earl opposite had said, whether one county should pay a few pounds more than another, but the partial and unequal selection from among the subjects of this realm, of persons to be kept in time of peace in military array, subjected to military command and military punishment.

The motion was agreed to.

BRITISH TROOPS ON THE CONTINENT.] The Marquis of Lansdowne said, that he should on Monday move an Address for the communication of the engagements entered into by this country with foreign powers, for the maintenance of British troops on the continent. It would not now be necessary to enter into farther detail, and be should merely move, that their lordships be summoned for that day.

COURT-MARTIAL ON CAPTAIN BARCLAY.] The Marquis of Buckingham gave notice, that he should on Monday move for a copy of the proceedings of the CourtMartial on captain Barclay, and the officers and men remaining, in consequence of the destruction of our fleet on Lake Erie. The object of this motion was not to throw any imputation on the officers and men, who had been honourably acquitted, but to shew the inadequacy of our force on the Lakes at the time in question, to the protection of our colonies.