8 AUGUST 1846, Page 10

POSTSCRIPT.

SATURDAY NIGHT.

Almost the whole of last evening, in the House of Commons, was devoted to the subject of military flogging. The order of the day for a Com- mittee of Supply afforded the occasion for a motion by Dr. Bowring; but Lord John Russell anticipated him, with an explanation of what Govern- ment had done in the matter.

Lord Joins RUSSELL made his statement on rising to move the Com- mittee of Supply-

" The plan that has been at present adopted is the i plan of the Duke of Wel- lington; and I conceive that the Duke of Wellington s perfectly right in saying that as matters stand at present corporal punishment ought not to be abolished in the Army. The House should know what is the existing regulation with respect to corporal punishment in the Army. By:the Articles of War, no offender convicted before a general court-martial is liable to be sentenced to any corporal punish ment exceeding two hundred lashes; the punishment of an offender convicted be fore a district or garrison court-martial cannot exceed one hundred and fifty lashes; and if convicted before a regimental court-martial the punishment can- not exceed one hundred lashes. Now, the Duke of Wellington, in taking this sub- ject into consideration, has given directions to the officers to whom the duty ap- pertains of ordering such courts-martial, that by no court-martial whatever, whether general, district, garrison, or regimental, shall any greater punishment be inflicted than fifty lashes. This is a very considerable diminution; and this the Commander-in-chief has ordered to be carried into effect in respect to the Army. He has also at the same time given special directions that every precau- tion shall be taken in order to ascertain the state of health of any soldier who shall be sentenced to corporal punishment, for the purpose of knowing whether it is such as to enable him to bear the punishment ordered. He has likewise directed that other circumstances should be attended to; such as any extreme heat or severity of weather, or any other circumstance whatever which might make the infliction of corporal punishment dangerous to the offender."

Lord John said, that for his own part he should be glad to see the day when corporal punishment should be entirely abolished. But the maintenance of the discipline of the Army is a paramount object. The Duke of Wellington was perfectly right in making the proposed reduction without taking any ulte- rior steps. If we are to look to the abolition of corporal punishment, and at the same time to the maintenance of discipline, that object can only be effected by two modes—by the substitution of some other kind of punishment as effec- tive, and by changing the moral feeling of those who belong to the Army. In the pursuit of both those objects a great advance has already been made. Several prisons are building, with a view of resorting to imprisonment as a corrective; and cells for short imprisonment have recently been prepared at almost every barrack station. From a return read by Lord John, it appeared that a consider- able diminution had taken place in flogging in consequence of the application of other modes of punishment. in 1838, the ratio was as 1 man in 108; in 1845, it WU as 1 man in 189.

In the second mode of reducing corporal punishments that is by improving the moral condition of the soldier, a great change has taken place of late years. Rewards have been established for good conduct, and also increased pay after a certain number of years. There have also been more frequently given commis- sions in the Army to private soldiers: since the 31st of December last, thirty com- missions have been given to private soldiers in the Army, and sums also furnished them for the outlay necessary on the acceptance of those commissions. No fewer than a hundred soldiers' libraries have been established, containing no fewer than 60,000 volumes. This will lead to a very great improvement in the Army. A normal school, suggested by Mr. Sidney Herbert, the late Secretary-at-War, is likewise projected—a normal school for the purpose of providing good regimental schools. To young men entering the Army these schools and libraries will be of the greatest possible use. Regimental eavings-banks have also been estab- lished, despite the prejudices of many officers. "Indeed, everything calculated to elevate the soldier is anxiously promoted by the mili- tary and civil authorities connected with the Army. These questions do not occupy the attention of the Commander-in-chief merely for a single day or week, with the view of producing some great plan on the subject; but they engage the attention of the military and civil authonnes continually, with a view to the main- tenance of the discipline of the Army, and at the same time of diminishing, as far as possible, the necessity for corporal punishment" Lord John Russell trusted he had now said enough to induce the honourable Member for Bolton to forego his motion. [Dr. Bowring signified dissent.] In opposition, therefore, to Dr. Bowring, Lord John cited the report of the Commission it 1835, consisting of several military and civil authorities: the fourth resolution they came to was this—" That it appears that even supposing that some effective substitute was devisable' or that those punishments DOW in use were made more effective, so as to rendercorporal punishment ultimately unnecessary, still it would be unsafe to proceed at once to shelials it entirely, but that, even in any case, the abolition should be gradual:' Lord John proceeded to argue against any sudden change; declaring it due to that illustrious man who is at the head of the Army, to rest satisfied with the orders he has now given; showing, as those orders do, the

utmost desire to consider both the benefit of the Army and what is due to human ity on this subject For my part, I tell you, as 1 told you at the beginning, that these are the views which the Commander-in-chief takes, and in which the Go vestment entirely concur with him."

Dr. BOWRING persisted in moving his amendment; which VMS a resolu- tion that flogging in the Army should be now and for ever abolished—

He contended that the punishment is not necessary; and he supported his argu- ments with the experiences of many military and medical officers; quoting copi- ous extracts from the books of Dr. Fergusson and Dr. Marshall Many of these extracts illustrated the injustice, inequality, and cruelty of the sractice. As to

the limitation proposed, even that would deliver the soldier over to an unlimited despotism; for it was well known that in Russia twelve blows of the knout, if dexterously applied, would inflict death; and fifty lashes administered by a scourger who had no mercy, might be equal to the infliction of a thousand ordi- nary lashes.

The motion was seconded by Mr. HENRY BERKVT EY, and gave rise to a long discussion. It was supported by Mr-WILLIAM Wlia.aams, Captain Lax-

ARD, Mr. BERNAL OSBORNE, Mr. WARLEY Mr. BRIGHT, and Mr.Hussa; opposed by Mr. NEVILLE, Colonel PEEL, Itr. Fox Mem; Mr. Clistexes Bviasse, Colonel REID, Mr. Goneeves, and Colonel WOOD, (all of whom may be classed as supporters of moderate reform and of the Government plan); and also more emphatically opposed by Sir CHARLES NAME, Mr. Ceaveas BERKELEY, and Colonel SlBTHORP.

Colonel PEEL argued that the punishment would be necessary so long as the constitution of the British Army should continue as it is at present. At the same time, the benefit to be derived from flogging is in proportion to the rarity of its in- fliction. It was, indeed, notorious that in regiments where corporal punishment was constantly inflicted, it was found to be perfectly inefficient : it descended to be a mere punishment without any salutary effect upon those who witnessed it, and without any benefit to the individuals upon whom it was inflicted. Captain LAYARD contributed several useful arguments against the practice; and an exposure of the inefficient and trifling style in which business is con- ducted during the deliberations of courts-martial on verdicts and sentences, in which the youngest and most inexperienced officers take part. Colonel REID made an impressive appeal to the House on the discomforts of the soldiery in their barracks, and on the deficiency of the pensions awarded them on their retirement from the service; and contended, that till these grievances were remedied it would be impossible to elevate their moral condition. Would the House believe that at this moment soldiers had not common means of pro perly washing themselves! Personal cleanliness was a great point of discipline, most strictly enforced; and if a soldier appeared dirty on parade he was liable to punishment. Now, not less than twenty or thirty men slept hi one room, and the only means they had of washing themselves was a couple of buckets of water, and they had all to wash in them. Then, the crowded may in which they lived, twenty or thirty men being crowded into one room, had an ill effect upon their health. At the age of forty or forty-five, a man became old and unfit for ser- vice; and he could only attributethis to the foul air they breathed. The windows could not be opened, because a man slept close to the window. Mr. BERNA.L OSBOR24E still doubted the practicability of abolishing corporal punishment altogether with the present Army; but he would force the Govern- ment to establish a better mode of constituting the Army; and he suggested that the experiment of total abolition should be tried upon the Household .Brigade.

Mr. Fox hfausa intimated his severe displeasure at the mode in which Dr. Bowring had dressed up " harrowing statements"; and defended Colonel Whyte, as being totally without blame in fulfilling a formal duty. [Several other Members enforced that point; and the humane disposition of Dr. Warren was also vindica- ted.] The manner in which some private soldiers had given their evidence at the inquest would lead to further investigation. When the Duke of Wellington heard of the soldier White's death, he said, at once, "This shall not occur again; though I believe that corporal punishment cannot be dispensed with, yet I will not sanc- tion that degree of it which shall lead to loss of life and limb." He therefore suggested at once that all punishment should be reduced to fifty lashes. In that suggestion the Government willingly concurred; and he trusted that when they had succeeded in raising the character of the British soldier, the power of corporal punishment would become dormant, and the use of the lash unknown to the British Army.

In a long speech on the abuses of flogging, Mr. WAKLEY explained a physio- logical fact. The importance of the skin in the economy of the human body had only been recently discovered; and no one could say that injury of life might net be occasioned by simple abrasion. In thirty out of forty cases, death arises from injuries to the skin—produced by accidents such as burns or scalds, and followed by inflammation of the pleura or the lungs. Here was an episode, a personal squabble. Mr. CRAVEN BERKELEY criticized Mr. Wakley's conduct at the inquest; and read extracts from "a very clever me- dical work," in which Professor Wilson's evidence was described as 'shaped to order," and Mr. Wakley's "garrulity" at the inquest was described as "a melan- choly exhibition of an effete intellect." Mr. WAKLEY said that one remark was "not true "; which Mr. BERKELEY said "he understood—perfectly." Mr. WAN- LEY denied that he had influenced Mr. Wilson's evidence. The "medical" book quoted by Mr. Berkeley was in fact written by a stupid lawyer, who knew as much about medicine as Mr. Berkeley did. On a division, Dr. Bowring's motion was negatived, by 90 to 87; Govern- ment majority, 53.

The question was next presented in another shape. On the motion being made that the Speaker leave the Chair Mr. OSBORNE moved as an amendment, that corporal punishment be prohibited save for offences com- mitted on the march or for theft, and that the limit be fifty lashes. After a short reply from Lord Jolts RUSSELL, the House divided—For the amendment, 25; against it, 81; majority, 56.

In a reply to Mr. OSBORNE on the subject of the Irish Arms Act, Mr. LABOUCHERE stated the reasons which induced the Government to ask for a renewal of it—

Although admitting that many objections attached to that measure, Ministers found that it was impossible altogether to dispense with it. They merely asked the House to intrust them with the power granted by the existing act; promising that early in the next session they would bring forward a measure on the eubjeet. By an express provision the bill would expire on the 1st of May next year.

On the motion that the report on the new Sugar-duties be received, Mr. BERNAL expressed a hope that during the ensuing vacation the question of allowing the free use of sugar in our breweries and distilleries would re- ceive attentive consideration from the Government. The Cnesioxiston of the EXCHEQUER assured Mr. Bernal that such would be the case.

In the House of Lords the business was uninteresting. The Royal assent was given to some bills of minor importance and several private bills.

The House of Commons met today at noon, and sat for an hour and half. Several bills were forwarded a stage. Lord Morpeth abandoned the bills to grant sites for dwellings for the poor; Goversunent intending to introduce a general measure next session.