been of the utmost importance to the national defence of this Kingdom of Great Britain." Increase of Militia since 1786. 42. From the year 1786, the Militia Force has continued to increase in numbers and in the confidence of the country. "The circumstances," said the late Mr. Wilberforce, addressing the House of Commons, "which rendered our militia force so dear to us as a constitutional force, was its being officered by country gentlemen, men of property, of family, of domestic connection, of personal influence, whose arms were in no conjuncture likely to be turned against their country.”1 It has, therefore, since its institution been readily increased by Parliament. In 1802 it ceased to be exclusively Protestant, and the numbers were raised to 46,963 men; at the present time they are 80,000 in peace, with the power to raise an additional 40,000 men in time of war. Ireland. Militia establishment. A.D. 1793. Law consolidated by 43. Hitherto the Militia of England (including Wales) has A.D. 1715. only been noticed; but in Ireland the Militia Establishment dates from the year 1715, when an Act was passed, after the Rebellion, by the Irish Parliament, authorising Governors of Counties to array, as they should think fit, all such Protestants between the ages of sixteen and sixty to serve under that Act. In the year 1793, all the Acts were consolidated by the 35 Geo. III., c. 8, of the Irish Parliament; and a force of 21,660 men (Romanists and Protestants alike) was raised. In the year 1809, the Militia Laws of Ireland were consolidated by the 49 Geo. III., c. 120, passed by the Parliament of the United Kingdom; and under that Act as amended by 17 & 18 Vict., c. 107, and by 23 & 24 Vict., c. 94-the numbers of the Irish militia are 30,000 men in peace, with the power to raise an additional 15,000 men in time of war. Irish Parliament. A.D. 1809. Same by Parliament of the United Kingdom. 44. For Scotland no Act was passed till the year 1797.3 At 1 1798. 33 Parl. Hist., p. 1588. 2 2 Geo. I. c. 9, s. 1. 3 This statement must be accepted with some qualification. In 1672 the Parliament of Scotland passed a Militia Act (see vol. viii. Statutes of Scotland, p. 58.), but it was not acted upon. CHAP. III. Statutes now in Force. 2 45 Scotland A.D. 1797. Militia esta the close of the session of 1793,' Mr. Secretary Dundas laid upon the table of the House of Commons "a Bill for the better ordering the Militia of Scotland," which was read the first time, and printed. His object was to prepare blished. the way for the adoption of the Militia System in Scotland, and he succeeded in doing so, for the Bill of 1797 was passed through Parliament without any opposition. In its preamble it stated that experience had proved the value of the Militia as a defensive force; but the Act, when put in operation, was opposed by riotous proceedings in the Highlands under the impression (then erroneous) that the ballot was used to enable the Crown to remove the people from Scotland. Militia was fixed at 7950 men; but under the existing statute, 17 & 18 Vict., c. 106, 10,000 men can be raised in ordinary times,' and an additional 5000 men in time of war by the 23 & 24 Vict., c. 94. 3 In 1802 the A.D. 1802. Law consolidated. present in 45. The Acts at present in force, under which the Militia of the Three Kingdoms are now formed, date, as to the Statutes at English and Scotch, from the year 1802; and, as to force. the Irish, from the year 1809; all the Acts being overloaded with subsequent enactments, and urgently needing consolidation. Since these years, the area of service for the Militia has been considerably extended, and though the Militia of each Kingdom exists as a distinct force regulated by separate The Militia statutes, it may be used interchangeably under the of the three 22 & 23 Vict., c. 38; so that the whole Militia Force interchangeof the Three Kingdoms may be concentrated upon any point in one kingdom which the common enemy may select for his attack. The same Act also permits the Crown to accept voluntary offers from the Militia to serve in the Channel Islands or the Isle of Man. kingdoms can be used ably. 46. The circumstances under which the Crown should be 148 Com. Journ., p. 947; 35 Ann. Reg., p. 175. 2 37 Geo. III. c. 103; 52 Com. Journ., pp. 660-9, 677. 339 Ann. Reg., p. 52. 4 42 Geo. III., c. 91. 5 In 1867, a Bill was laid on the table of the House of Commons and printed, to consolidate the law relating to the Militia (England). Power of the body Militia discussed in Parliament. Enlarged. A.D. 1852. Proposal to limit. permitted to call out the Militia, have come under the notice of Parliament on various occasions. During the Crown to em- American War, in 1776, the power of the Crown was extended,' for a limited period, to any rebellion A.D. 1776. existing within any territory or dominion belonging to the Crown. But in the year 1852 it was proposed by Lord Derby's ministry to limit the power of the Crown to a very considerable extent. By their Bill, as introduced into the House of Commons, to consolidate and amend the laws relating to the militia (which was ultimately passed as the 15 & 16 Vict., c. 50), it was proposed to take from the Crown the power of calling out the Militia for the single purpose of suppressing rebellion or insurrection. The clause in the Bill, by which it was proposed to make this change in the law, was opposed by the independent members of the House, to whose prudence we owe it that a power deemed by the House of Commons to be essential to our National safety was preserved. A.D. 1854. any time of war. 3 47. In 1854, it was considered expedient, having regard to the approach of actual war, to increase the power of Extended to the Crown by enabling the Government, without waiting for invasion, or the threat of it, to call out the militia "whenever a state war exists between Her Majesty and any Foreign Power;" and this power was given by the 17 Vict., c. 13. The immediate effect of the Act was probably little anticipated by its authors. It was argued in Parliament that the conditions of service had been so varied by it that all the men enrolled under the old statutes were fairly entitled to claim their discharge, or to receive another bounty for serving under the new Act. The Government met the objection by offering a bounty or a discharge; and as many militiamen were found to have wives and families that would have become chargeable to the poor rates on the Militia being embodied, 8336 men were, from one or other of these causes, immediately released from their militia enrolments. 1 16 Geo. III., c. 4. 2120 H. D. (3rd Ser.), pp. 287, 1063; 121 ib., pp. 693, 832, 907-15. CHAP. III. Ballot in the Militia. 2 47 48. The ballot for the militia is said to be the parent of high bounties for service in the regular army. The Ballot. machinery of the ballot, held over the people in Cost of it. terrorem, was probably intended to induce persons to come forward to serve as volunteers. Its cost is variously represented -by some at 24,0007.,3 and by others at 40,0007.* per annum. A noble Lord Lieutenant, recently deceased, affirmed that, in his experience, each recruit cost 97. 88. in ballot expenses. 49. In 1829, an Act-which has since become an annual Act -was passed to suspend the ballot, but the ballot was Ballot Act put in force by Order in Council of the 29th December, suspended. 1830,5 and continued in force till the month of February, 1832.° Some statesmen have challenged the expediency of suspending the ballot annually, and in 1847 and 1850, debates of some interest arose, but the Bill was permitted to pass. A.D. 1860. Ballot law amended. 50. So long as the ballot clauses remain on the Statute Book, they must be looked upon as available to the Executive Government whenever the Ministers of the Crown may deem their use essential to the public safety. Therefore, during the last session that the late Lord Herbert sat in the House of Commons, he proposed a measure which was adopted by Parliament for amending the Ballot Laws. The Table in the Appendix will show the time in which men could be raised under the present law." Militia borne by the Trea for storehouses. 51. The Militia continues to be Local in its Organization, though all the expenses of it, except such as arise from Expense of the care and custody of the clothes, arms, and ammu- b nition, are borne out of the Imperial Treasury. In except 1854 a discussion was raised in the House of Commons, as to the propriety of relieving the counties from these expenses; but the Government of Lord Palmerston were firm in declining to accede to any such proposal. The law was therefore amended, 1 9 H. D. (O. S.), pp. 886-7, and 137 H. D. (3rd), p. 1291. 2 See Army Impressment Acts, 29 Geo. II. c. 4, and 30 Geo. II. c. 8. 3 19 H. D. (2), p. 1452. 5 10 Geo. IV. c. 10; 21 II. D. (2), p. 467. 4 27 H. D. (3), p. 1155. 6 11 H. D. (3), p. 379. 7 See 94 H. D. (3), p. 218; 113 ib., p. 149; 147 ib., p. 554. by giving to Counties the power, which they did not previously possess, of taking premises for Store purposes under the provisions of the Lands Clauses Acts, and this power has recently been extended to the acquisition of premises for Militia Barracks.1 Periods since which the Militia bas been embodied. 52. The Militia, since its establishment in 1757, has rendered embodied service to the country on several occasions. 1757 during The first occasion was immediately after its formation, when during the seven years' war it was embodied against invasion.2 The second instance was during the American War, when, in 1778, France entered into treaty with America; this was also against invasion, and the force remained embodied till 3rd March, 1783. The third time was for the suppression of insurrection and rebellion, succeeded by the threat of invasion.3 The proclamation of embodiment issued in December, 1792, and of disembodiment in April, 1803. The fourth occasion was in 1803, upon the apprehension of a descent upon the coast by the Emperor Napoleon. The fifth time was in 1815, under the authority of the 55 Geo. III., c. 77. The sixth instance was during the Crimean War, under the authority of 17 Vic., c. 13. The last instance was during the Indian Mutiny, under the sanction of the 20 and 21 Vic., c. 82. Value of the 53. The value of the services of the Militia in times of National emergency cannot fairly be questioned. In Militia force. the apprehension of greater dangers than those which hitherto have happened, and from which it is said that a Standing Army alone can protect the country, it must not be overlooked that during the last century two hostile descents were successfully made upon the coasts of Great Britain; but attended with very different results. In Scotland, where no National Pretender in Militia then existed, the Pretender landed with 100 men, and spread desolation into the centre of both in England in kingdoms. In England, where the Militia and Volunteers had been organized, an expedition of 1400 French Landing of Scotland in 1745. Of the French 1797. 1 See 130 H. D. (3), p. 656; 134 H. D. (3), p. 1414; 135 H. D. (3), pp. 821, 898, 17 & 18 Vic., c. 105; 18 & 19 Vic., c. 57; 23 & 24 Vic., c. 94; 31 & 32 Vic., c. 7, secs. 8 & 9. 902; 2 Lord Grenville's Speech, 29 H. D. (O. S.), p. 98; 22 Ann. Reg., pp. 55, 337. 3 34 Ann. Reg., pp. 158, 165; Lon. Gaz. 1 Dec. 1792, No. 13,480. 45 Ann. Reg., p. 647. |