Government was, in that extreme case, deprived of the right to protect that officer ? On the contrary, would not the necessity for the exercise of that right have been, under such an event, much more apparent and unobjectionable. It may be asked, If any circumstances could justify Government in so pusillanimous a conduct, as that of forbearing to exercise an admitted right, and of allowing a court martial to judge upon a public act which it had recognised and approved ? It is to be replied, that such conduct might, on many occasions, be the result of prudence and of fortitude. It is weakness, not firmness, that takes an early alarm at danger, and by showing a want of confidence in all the subordinate aids of its power, creates, by its suspicion, that defection which it apprehends. In the recent case of Sir Francis Burdett, the House of Commons did not abandon its exclusive right, but it forbore the exercise of that right, and, with a confidence and wisdom worthy of so enlightened and august an assembly, allowed a question, which involved its rights and authority, to be discussed in a court of law. There can, I should conceive, be no doubt whatever, that had Colonel Munro been tried on the charges preferred against him, he would have been honourably acquitted ; and the influence and reputation of his accusers would have been in no slight degree lessened : an object which, in itself, was of consequence at that period to Government.
It is a remarkable fact, that the officers who had signed the charges against Colonel Munro, were, on reflection, and from learning the sentiments of the Judge-Advocate- General, so convinced that the charges they had made were either groundless or illegal, that they wrote to the Commander-in-Chief to suspend the prosecution of them. This certainly proves (if any proof was wanting) that there could have been no doubt of the result of a court martial, grounded on the state of general feelings, as far as that regarded the charges against Lieutenant-Colonel Munro ; for if the accusers themselves had shown they distrusted
