GENERAL HISTORY. 



[207 



purpose of submitting a motion re- 

 lative to the continuation of cer- 

 tain militia regiments without dis- 

 embodying. He said that great 

 care had been taken by the legis- 

 lature to prevent the burthen of the 

 militia ballot from pressing more 

 heavily than the exigencies of the 

 public service required ; the prero- 

 gative of the crown was therefore 

 restrained, and the establishment 

 of that species of force was regu- 

 lated, by various acts of parlia- 

 ment. The cases in which the 

 militia might be called out were 

 spetificaUy stated, and were, 1st, 

 actual invasion ; 2nd, imminent 

 danger thereof ; 3rd, insurrection ; 

 4th, rebellion ; but none of these 

 at present existed. It was a great 

 hardship upon the balloted men 

 to be detained from their families 

 longer than the continuance of the 

 exigence which had empowered 

 the government to call them out, 

 after which time thej' were legally 

 entitled to return to their homes. 

 It was also a hardship upon the 

 counties and townships which lay 

 under the obligation of providing 

 for their wives and families. These 

 considerations induced him to 

 move, That an account be laid be- 

 fore their Lordships of the regi- 

 ments of militia which had been 

 disembodied, and also of those 

 which still remain embodied. 



Lord Sidmouth, as the person 

 who presided in the department 

 whence the order for suspending 

 the disembodying of the militia 

 had proceeded, felt himself called 

 upon to reply to the observations 

 of the noble earl. The legislature 

 had been anxious to guard the mi- 

 litia force by regulations, not mere- 

 ly for the purpose suggested, but 

 with a view to restrain- the prero- 



gative and influence of the crown 

 with respect to it. The acts of 

 parliament to which the noble Earl 

 had alluded, as pointing out the 

 cases in which the militia might be 

 called out, were not to be constru- 

 ed narrowly ; and it was always 

 understood that the country being 

 at war was an exigence justifying 

 such a measure, and that during 

 the continuance of that state, the 

 militia services were to be conti- 

 nued as long as the crown should 

 judge it to be of public advantage.' 

 There could be no injustice in such 

 continuance towards the men, since 

 the balloted man was bound by 

 his oath to serve five years,. and the 

 substitute, as long as the regiment 

 continued embodied. As to the 

 hardships on the counties and 

 townships, he did not know bvit 

 they might have an equitable claim 

 for re-imbursemeut. He affirmed 

 that there had been no partiality 

 shown with respect to the parti- 

 cular regiments embodied or dis- 

 embodied ; and would not oppose 

 the production of the account re- 

 quired. 



Lord Grenville said, that specific 

 cases being pointed out by the mi- 

 litia act, it was illegal to wander 

 from them. The militia had been 

 called out only four times since 

 the original act, and each time in 

 strict conformity with the cases 

 provided. These were, in the 

 seven years' war ; in the American 

 war, but not till after Fiance and 

 Spain joined in it ; in 1792, when 

 there was danger of insurrection 

 (the extent and depth of which 

 danger, said Lord G., no man now 

 living, perhaps, knows better than 

 myself) ; and the beginning of the 

 war just now closed, in which in- 

 vasion was fully determined on by 



