Mr. Viner spoke next, to the following effect:—­Sir, I am not very solicitous what may be the determination of the house upon this question, because I think it more necessary to resolve against an augmentation of the army, than to inquire, whether it shall be made by one method or another.

Every addition to our troops, I consider as some approach towards the establishment of arbitrary power, as it is an alienation of part of the British people, by which they are deprived of the benefits of the constitution, and subjected to rigorous laws, from which every other individual is exempt.

The principal of these laws, which all the rest are intended to enforce, requires from every soldier an unlimited and absolute obedience to the commands of his officers, who hold their commission, and expect advancement, by the same compliance with the orders of the ministry.

The danger of adding to the number of men, thus separated from their fellow-subjects, and directed by the arbitrary determinations of their officers, has been often explained with great strength and perspicuity; nor should I have taken this occasion of recalling it to the attention of the house, but that I think it a consideration, to which, in all debates on the army, the first regard ought to be paid.

Colonel Mordaunt spoke to the purpose following:—­Sir, the objection which the honourable gentleman has raised, will be most easily removed, by considering the words of the act by which the military authority is established, where it is by no means declared, that either officers or soldiers are obliged indiscriminately to obey all the orders which they shall receive, but that they shall, on pain of the punishments there enacted, obey all the lawful orders of their commanders.

The obedience, therefore, sir, required from a soldier, is an obedience according to law, like that of any other Briton, unless it can be imagined that the word lawful is, in that place, without a meaning.  Nor does his condition differ from that of his fellow-subjects by an exemption from any law, but by a greater number of duties, and stricter obligations to the performance of them; and I am not able to conceive how our constitution can be endangered by augmenting an army, which, as it can only act in conformity to it, can act only in defence of it.

[The question at last was put, that the new-raised troops be incorporated into the standing corps, but it passed in the negative, 232 to 166.]

HOUSE OF LORDS, DEC. 9, 1740.

DEBATE ON TAKING THE STATE OF THE ARMY INTO CONSIDERATION.

The duke of Argyle rose first, and spoke to the following effect:—­My lords, as the present situation of our affairs may require an augmentation of our forces, and as the success of our arms, and the preservation of our liberties, may equally depend upon the manner in which the new forces shall be raised, there is, in my opinion, no question more worthy the attention of this august assembly, than what may be the most proper method of increasing our army.