appointing a Day, as was propofed, to confider of a Matter allow'd univerfally to be of the highest Importance; and we have Reason to apprehend that Pofterity, upon the Perufal of the Journal of this Day, may be induced to think, that this House was not inclined to permit the Tranfactions of the late Election in Scotland to be brought under Examination in any Shape whatsoever; the Method propofed being, as we conceive, clear of all Objections which were made in Relation to the Petition. Die Mercurii 170 Aprilis, 1735. The Lord Delawarr, according to Order, reported from the Committee of the whole House, to whom the Bill, entitled, An Act for regulating the Quartering of Soldiers during the Time of the Elections of Members to ferve in Parliament, was committed, the Amendments made by the Committee to the faid Bill; and the fame were read by the Clerk. And the first Amendment being read a fecond Time, which was, to leave out the latter Part of the Preamble, and to fubftitute Words inftead thereof reciting, [That it hath been the Usage and Practice to caufe any Number of Soldiers, quar tered in any Place appointed for electing of MemK 2 bers bers to ferve in Parliament, to remove out of the fame during the Time of Election.] Which being objected to, Contents 61 After Debate, the Question was put, whether to agree with the Committee in the faid Amendment? It was refolved in the Affirmative. Diffentient' ft, Because we conceive thefe Words, "To "the End therefore that the fame may be fafely "tranfmitted to Pofterity, and for the avoiding 66 any Inconveniences that may arise thereunto from "any Regiment, Troop or Company, or any Num"ber of Soldiers which fhall be quartered or bil"leted within any City, Borough, Town, or Place, "where any Election of any Member or Members "to ferve in Parliament, or of the Sixteen Peers "to represent the Peerage of Scotland in Parlia"ment, or of any of them, fhall be appointed to "be made;" extremely proper, in a Bill calculated to preferve to us and our Pofterity the Enjoyment of our Liberties, by fecuring the Freedom of Elections: Befides that, in our Opinion, it feems very extraordinary to leave out Words that fingly intimate our Defire of tranfmitting to our Pofterity the Liberties we enjoy ourfelves. 2dly, Because we cannot conceive, that there was any Weight in the Argument urged for omitting thofe Words, viz. [That they carried an Imputation that fome Facts had been committed contrary to the Freedom of Elections] which this Bill was to prevent for the future; whereas, in our Opinion, it is fo much the contrary, that, we think, the leaving out thofe Words, the natural Import of which carry no Imputation at all, may poffibly be construed as a Confcioufnefs of fome irregular Ufe made of Troops at Elections, which, it might be be apprehended, thefe Words might point out, efpecially fince Reports of that Nature have of late been spread, whether well grounded or not we do not take upon ourselves to determine. Then another Amendment was read a fecond Time, being to leave out the fecond enacting Claufe, which was to inflict Penalties and Punishments on Officers and Soldiers who fhould refufe or neglect to remove out of Places at the Time of Elections, and to fubftitute Words inflicting Punishments on the Secretary at War, in Cafe he neglects to iffue Orders for fuch Removal. And it being proposed to agree with the Committee in that Amendment, Contents 64 After Debate, the Question was It was refolved in the Affirmative. Diffentient' ft, Becaufe we conceive, that the leaving out this Claufe is, in Reality, defeating the Effect and Intention of the whole Bill; a Bill thought fo neceffary by the whole House, that the learned Judges were unanimoufly ordered to prepare and bring it in, in Lieu of a Claufe, to the fame Purpofe, offer'd to be inferted in the annual Act to prevent Mutiny and Desertion. 2dly, Because we think it much more neceffary, that Officers and Soldiers fhould be fubject to be tried by the Civil Power for an Offence of this high K 3 Nature Nature against the Conftitution in general, than for quartering a Man contrary to the Method prefcribed by the A&t to prevent Mutiny and Desertion, for which Crime they are at prefent liable to be tried and cashier'd by the Civil Magistrate. 3dly, Becaufe we conceive, that this Offence, being an Offence of the higheft Nature against the Civil Government, is properly cognizable by the Civil Magiftrate only, and most improperly referred to the Determination of a Court-Martial: Offences against Military Difcipline are justly referved for the Decifion of a Court-Martial, as confifting of Perfons of the fame Profeffion, and confequently the propereft Judges; and by a Parity of Reafoning, we conceive, the Civil Magiftrate is the fitteft Judge of Civil Offences: We cannot therefore but fear, that a Court-Martial may confist of Perfons who may be at leaft ignorant, and poffibly hafty and partial Judges of the Merits of an Election. 4thly, Becaufe the Intention of this Bill being to prevent any Infults from Troops during the Time of Elections, we fhould provide against all poffible Dangers; and though, during his Majefty's Reign, we apprehend no ill Ufe will be made of the Troops, yet, in future Times, Ministers may prevail, whofe unpopular and detefted Adminiftration may leave them no Hopes of Security from a free elected Parliament, and reduce them to violent and illegal Methods of employing thofe Troops, kept up by the Corruption of one Parliament, in the forcible Election, or rather the Nomination of an∙ other: In which Cafe no Remedy can be hoped for against Officers fo offending, fince, as the Act now ftands, they can only be tried by a Court-Martial, and a Court-Martial can only be appointed by the Crown; and confequently the fame wicked Minifter, who may hereafter advife fuch an Attempt upon our Constitution, will not be likely to permit his guilty Agents to fuffer, but the Merits of their Crimes will carry Impunity along with it. 5thly, Because we cannot conceive, that the Arguments drawn from the Poffibility of a Riot at an Election, or of a 'Rebellion or Invasion during the Time of Elections, wherein the Affiftance of the Military Power may be neceffary, were in any Degree fufficient to induce the House to leave out this Claufe, fince in the Cafe of a Riot, the Civil Magistrate is already armed with a rigorous Penal Law, known by the Name of the Riot-Act; and in the Cafe of a Rebellion or Invafion, it is well known that this and all other Laws would be filent; But, on the other Hand, we apprehend, great Inconveniencies may arife, if Troops have Liberty to march into Towns, during the Time of Llections, at the Requifition of a partial or corrupted Civil Magiftrate, who may call a Majority he diflikes a Tumult, and fupply with Force the Want of Interest of an unknown and unqualified Candidate ; by which Means the Voice of the People may be drowned in the Noife of Arms. 6thly, Because we apprehend, that a very inju rious and dangerous Construction may, by malicious People (too fpecioufly) be put upon the leaving out of this Claufe, [That altho' the Unpopularity of rejecting the Bill itfelf could not be withstood, yet the eluding and enervating the Efficacy of it had been indirectly brought about.] Which Suppofition, however groundlefs, may give great Uneafinefs and Apprehenfions to many of his Majefty's good Subjects, and bring very great Unpopularity upon the Administration: an Evil, by all poffible Means to be prevented, fince Hate be gets Hate; and an Adminiftration once become unpopular foon becomes defperate, and may endeavour to ftrengthen their crazy and rotten Foundation, K 4 |