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receipt of the letter by C. D. need not be proved, its production and proof of hand-writing is sufficient.

5. Punishment.] Officers cashiered.-(See art. 2.) Non-com. officers and soldiers punished at discretion.

CASE 1.] G. O. H. G. 12th July, 1809. At a gen. ct.-mar., Capts. T. P., J. C., J. A., T. C., and R. G., of the 1st. Somerset regt. of militia, were arraigned upon the undermentioned charges, viz.

1st. "For convening and holding an irregular meeting of several of the officers of the 1st Somerset militia, on the 5th day of Feb. last, in the mess-room of the regt. at Bristol, to consider the conduct of Maj. J., then comg. the said regt. and Maj. Sir W. Y., Bart. of the same regt. on the 4th of Feb. preceding, and at such meeting, binding themselves to secrecy, and agreeing together, to make a partial and injurious report of the conduct of the said Maj. J., and Sir W. Y., to Earl Poulett, the col. of the regt. which was afterwards transmitted to him. And also at the said meeting, combining together, and agreeing not to associate, nor do any mil. duty (39) with Maj. J., and Sir W. Y., till they, the officers composing the said meeting, should hear Col. Earl P.'s sentiments, on the report made to him, all which said conduct was contrary to their duty as officers, highly detrimental to the service, and to the prejudice of good order and mil. discipline. 2d. "For maliciously conspiring and combining together, with several

(39) Extract letter from Earl Cornwallis to Brig. Horne, dated 19th March,

1789.

Para. 1st." There is, however, on that part of the proceedings where Capt. B. is upon his defence, an apparent admission of a principle, which, being incompatible with mily. discipline, has attracted my particular notice; by the mode in which Capt. B. puts the question to some of the witnesses-' Whether they did duty with him after the imputations had been cast on his character ?' and by the manner in which these questions are answered, an idea seems to be entertained, that an officer may, upon his own, or upon the general opinion of others, decline to do mily, duty with another officer who is not under an arrest, nor under any other legal disqualification. I have been happy to observe, that there are no specific expressions upon this head, on the face of the proceedings, which render it necessary for me to apply my remarks in the form of censure to any particular officer; but, it is of importance to correct, as soon as possible, an opinion which might interfere with mily. subordination, and on some occasions do irreparable injury to the service."

Para. 2d.-"You will therefore be pleased to give the most explicit caution upon the subject, to the officers serving under the presidency of Ft. St. George, by calling to their recollection, that although mily. officers are, in common with other gentlemen, at liberty to make choice of their companions for private society, and may prefer charges, if they think proper, against an officer for improper conduct; yet, that they cannot refuse to do public duty with an officer, who is not under some legal and known disqualifications to exercise the rights and privileges of his rank; without exposing themselves to the penalties, which must follow so evident and direct a breach of the Arts. of War" (40).

(Signed) "CORNWALLIS."

From Madras Code of Regs., published in G. O., 11th March, 1806. (40) See sec. ii, art. 5. Disobeying any lawful commands.

several other officers of the same regt., on the 5th of Feb. last, at Bristol, to stigmatize the characters of Maj. J. and Maj. Sir W. Y., of the 1st Somerset militia, for not having engaged in a duel, in consequence of a quarrel, which had taken place between them on the 4th of Feb. preceding, although they, the officers, so conspiring and combining together, well knew that the said quarrel had, before that time, been amicably and honourably adjusted and made up; which said conduct, tended to create and keep up dissentions in the regt., was highly detrimental to the service, and to the prejudice of good order and mil. discipline.

FINDING-Guilty.

Somerset regt. of militia.

SENTENCE-To be dismissed from the 1st

REMARKS.-The court concluded, with expressing a wish, that the defence had made no allusion to the manner in which the prosecution had been conducted, as it was but an act of justice to observe, that the duties of the prosecution were very honourably and impartially executed. H. M. has been pleased to approve the sentence of the court, and to confirm it, except so far as it relates to Capt. and adj. G. With respect to Capt. G., H. M. was pleased to observe, that the length of service and experience of that officer, ought to have impressed upon his mind a stronger sense of his duty to the service, than appears to have actuated him in the course of these proceedings; yet, taking into consideration his service of 30 years, his never having been placed in arrest, and the excellent character given him, as appears upon the face of the proceedings, and also by his Col., Earl P., H. M. has been pleased to remit the sentence of the dismissal from the 1st Somerset militia, to suspension from rank and pay for three calendar months; with an admonition, that this act of royal mercy, may have a proper effect, upon the future conduct of Capt. and adj. G.

By order:

(Signed) H. CALVERT, Adj.gen. CASE 2.] G. O. C. C. 27th Dec. 1816. At a gen. ct.-mar., Lieut. W. R. of H. M.'s 69th regt. of foot, was arraigned upon the undermentioned charges, viz.

1st. "For conduct unbecoming the character of an officer and a gentleman, in having, on or about the middle of August, 1816, struck, and kicked Lieut. M. of the same regt., while spending the evening together in his own tent.

2d. "For [scandalous and infamous] conduct, in the following instances: Ist, for associating with that officer (Lieut. M.) athough the insult had not been noticed; [and] 2d, [for making public] the circumstances, to the prejudice of Lieut. M.'s character."

FINDING-Guilty of the 1st charge, but that he was impelled to strike the late Lieut. M. in his own defence.-2d. Guilty of highly improper conduct, &c. (Not Guilty of the words in italics).

SENTENCE. To be dismissed H. M.'s service.

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Approved and confirmed by H. E. the Rt. Hon. the Earl of Moira, K. G., Com. in chief in the E. I.

(Signed)

By order: T. M MAHON, Col. Adj.gen. CASE 3.] G. O. H. G. 26th March, 1819. At a gen. ct.-mar., Capt. R. S., of the 7th D. G., was arraigned upon the undermentioned charges, viz.

1st. "For sending to Lieut.col. D., comg. the 7th D. G., on the 17th May, 1817, a false and unfounded statement, or report, respecting the conduct and behaviour of a party of dragoons of the said regt., on the 15th May, 1817, at the fair of Glen, in the county of Tipperary; which said party had been detached, and sent to the fair of Glen, under the command of Lieut. R., at the instance, and on the application of R. O'D., Esq., a magistrate of that county; such false statement, or report, being highly injurious to the character of the said R. O'D., and of the officers and soldiers belonging to the said party.

2d. "For refusing all explanation as to the affair, at the fair of Glen, notwithstanding the same was required on the part of Mr. O'D.; and afterwards, on the 10th of June, 1817, going to the house of Mr. O'D., at Stradballa, with a pistol and a horsewhip, and, in á violent and outrageous manner, searching for Mr. O'D., and using threats and insulting language towards him, in his absence, to the terror of his family: all such conduct being highly unbecoming the character of an officer and a gentleman, and to the prejudice of good order and mil. discipline."

FINDING-Most fully and honourably acquitted.

REMARKS by the Court.-The court are unwilling to animadvert on the evidence of Lieut. R., as its nature, on perusal of the minutes, will be sufficiently apparent; but they cannot help remarking, that the whole of these embarrassing circumstances, have originated in his unmil. proceeding, in putting Mr. O'D. in possession of Capt. S.'s official report to his comg. officer.

The court conceive it incumbent on them, to enter more fully into the reasons on which this, their opinion, is grounded, than they otherwise would have done, for the purpose of endeavouring to extricate both the prisoner and the corps, from the embarrassing situation in which they have been so long placed; in doing which, they feel anxious to confine themselves, as much as possible (in as far as relates to Mr. O'D.), to such observations as will tend to place their view of the subject in a clear and distinct light. In consequence of the nonattendance of all the witnesses expected from Ireland, the court have been obliged to refer to a variety of papers laid before them, and having selected such as bore more immediately on the case, as exhibited in the charges, and the said documents having been authenticated by both parties, the prisoner as well as the prosecutor, they, on a deliberate and careful consideration of the same, are of opinion that

the

the report, made by Capt. R. S. to the comg. officer of his regt., was absolutely required in the execution of his duty as capt. of a detached troop; that the said report was solely military, and did not contain the shadow of a reflection, on the character of the magistrate, Mr. O'D.: that under that impression, the prisoner was most fully justified, in refusing to resort to the extreme measure, proposed by Mr. H. on the part of Mr. O'D.; that the subsequent conduct of Mr. O'D. was most violent and unprovoked, and was evidently intended to force Capt. S. to a compliance with the proposed duel.

The ct. cannot but remark on the selfish line of conduct, adopted by Mr. O'D., who, first challenging Capt. S., without the slightest provocation, on his refusal to accept the challenge, addressed to him the most intemperate and abusive language; and, having thus placed Capt. S. in a most embarrassing situation, with respect to his brother officers, by a convenient subterfuge, declined affording him an opportunity of extricating himself from it, and refused, for real injuries and insults offered, that satisfaction, which he had himself demanded for a supposed and imaginary grievance.

That Capt. S. was guilty of error, the ct. will not deny, but they think that error consisted, in not immediately reporting to his comg. officer, the message received from Mr. O'D., and calling on him for his support, when an official report, made by him in the course of his duty, as capt. of the regt., was attempted to be made the grounds of a private quarrel.

The court, therefore, after a dispassionate review of the case, submitted to their investigation, can see no reason why Capt. S. should not return to his duty in the 7th D. G., restored to the esteem and regard of his brother officers.

Approved and confirmed by H. R. H. the P. R. The very proper and satisfactory manner, in which the court have expressed their sentiments on this subject, renders it incumbent upon the officers of the regt. to dismiss from their minds the impressions to the prejudice of Capt. S.'s honour and character, they appear to have imbibed, from the violent and unwarrantable conduct and unfounded accusations, observed and expressed towards him (41).

The P. R. considers the conduct of Lieut. R., in having originated this unpleasant transaction, by his unnecessary and mischievous communication to Mr. O'D. of Capt. S.'s report, to be highly reprehensible and deserving of censure; and H. R. H. therefore desires, that Lieut. R. may be severely reprimanded, in the presence of the officers of the 7th D. G., and admonished to be more circumspect in his future conduct.

By command:

(Signed)

H. CALVERT, Adj.gen.

CHAP.

(41) See case 1, sec. x, art. 1. The promotion in a regt. stopped, where the officer had not received into the mess, an officer who had been pardoned by H. M.

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CHAPTER IX.

SECTION 8.-SUTTLING.

Com. Officers are to see the Soldiers supplied with Provisions at the Market Price.

ART. 1.] (1) All govrs., lieut.govrs., and officers comg. in the forts, barracks, or garrisons, are hereby required to see, that the persons permitted to suttle, supply the soldiers with good and wholesome provisions, at the market price, as they shall be answerable for their neglect. 1. Good and wholesome Provisions.] The European troops in India, have their provisions issued to them by the commissariat dept., and it is the duty of the capt. or officer of the day to see, that what are issued to the men are good and wholesome, and of the proper quality; and in quantity as allowed by the regs. of the service. If there are any complaints to be made upon the subject, they are made to the comg. officer of the regt., that the circumstance may be reported to the comg. officer at the station, under whose command the commissariat officer is. It is the particular province of the commissariat dept. to see, that every art. of provision be of good quality, and that the agents actg. under them, use every exertion to procure those, which are good and wholesome.

The native troops supply themselves with provisions out of their pay. There is a bazar attached to each regt., and, at large stations, a genl. or station bazar. The object, in establishing these bazars, is to afford the troops the means of procuring their provisions, without the necessity or inconvenience of going to a distance for them, and also to ensure the certainty of a constant supply; for which purpose an establishment is attached to them, and the whole is under the superintendance and controul of comg. officers. It is, therefore, their duty to ascertain that the buneeahs, attached to their bazar, keep them always well supplied with good and wholesome provisions (2); and it is customary to have a daily report made upon this subject.

2. At the Market Price.] The Chowdrees make a daily report to the comg, officer, of the price of every art. furnished by, and sold in their respective bazars. The buneeahs are, or ought to be, men of some substance, to enable them to purchase by the wholesale, with a view to retailing the same in their shops; and as they must necessarily have an establishment

(1) Ann. Arts. of War, art. 3.

(2) It would be much better were the chowdrees sent from the commissariat department, as by such an arrangement, much trouble would be taken off the hands of comg. officers, and one uniform system would prevade throughout the service; such persons are best calculated to understand where to go for the best articles, and where the best supplies are procurable.

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