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Sir John Malcolm.
his Majesty's ship Herald in July (having been previously sworn in as a Member of his Majesty's Most Honourable Privy Council), and reached Madras on the 18th October.
Sir John Malcolm sailed from Portsmouth in the ship Neptune, on the 6th July, and reached Bombay on the 26th October.
On the 18th July 1827 Lord William Bentinck was appointed to succeed Lord Amherst as Governor-GeAmherst. neral. His Lordship sailed from Plymouth on the 9th February last, and arrived at the Cape about the 9th May, where he found his Majesty's ship Herald, having on board Lord Amherst and suite from Bengal. The Undaunted proceeded on her voyage to Bengal on the 15th May, and the Herald arrived at Portsmouth on the 22d July 1828.
THE East-India Company have maintained, since their earliest establishment, a marine force under the government of Bombay, which has been denominated the BOMBAY MARINE, the ships or vessels in such service being commanded by officers bearing commissions issued by the Company, or by the government in India under their orders, rising by seniority to the respective ranks of lieutenant, commander, captain, and commodore. It is employed on various important services intimately connected with the defence of the British possessions in India, and in the protection of the local commerce: and although its efficiency has been materially lessened from the want of sufficient authority to enforce due subordination, it has nevertheless distinguished itself on several occasions; and instances of the most devoted gallantry have been displayed by the commanders and crews detached on separate service.
The expediency of placing the Bombay Marine under martial law was repeatedly represented to be indispensable by the Government abroad. It was a force constituted by valid authority under powers specifically granted by royal charters in the successive reigns from James II. to George II. Yet it had been held in the Court of the Recorder at Bombay, in causes tried there in 1807, that the charters under which the Bombay Marine had been formed did not import a renunciation of the King's general prerogative, to exact the service of all the subjects being seafaring men on board his own ships; and it had been further held, that the charters did not confer the
the power of governing and enforcing discipline in the Company's marine by the same laws, and by the infliction of the same penalties for the same offences, as are provided by statute for the Royal Navy.
The Court of Directors were most anxious to promote the attainment of so desirable and important an object. From the year 1824 to April 1827 the subject was under discussion in this country, and his Royal Highness the Lord High Admiral, on assuming office, evinced every disposition to support the measures which had been proposed in discussion with Lord Melville. Through his Royal Highness's intervention, his Majesty was most graciously pleased to issue an order in council,* conferring on the officers of the Bombay Marine, within the limits of the Company's charter, the privilege of taking rank agreeably to their several degrees with the officers of the Royal Navy; but under the condition that all officers of any rank in the Royal
* "At the Court at St. James's, the 30th June 1827: present, the King's most "Excellent Majesty in Council :
"Whereas there was this day read at the Board a Memorial from His Royal "Highness the Lord High Admiral, dated the 12th of June instant, in the words following, viz.
"Whereas, in consequence of a communication with the Chairman and Deputy "Chairman of the East-India Company, I am of opinion it may be expedient to "confer on the officers of the Bombay Marine, within the limits of the East-India "Company's charter, the privilege of taking rank, agreeably to their several degrees "with the officers of the Royal Navy; but under the condition that all officers of any "rank in the Royal Navy shall have precedence of all the officers of the Bombay "Marine of the same rank; and that the officers of neither service shall have any "command whatever over the ships' officers and men of the other service, unless by "special orders to that effect from the respective governments. I beg leave, there"fore, most humbly to submit to your Majesty, whether your Majesty will not "be most graciously pleased by your Order in Council to confer upon and to grant "to the officers of the Bombay Marine, the said relative rank and precedency, in "conformity with the foregoing proposition.
"His Majesty having taken the said Memorial into consideration, was pleased, by "and with the advice of his Privy Council, to approve thereof; and to order, and "it is hereby ordered, that the officers of the Bombay Marine, within the limits of "the East-India Company's charter, do take rank agreeably to their several degrees "with officers of the Royal Navy, under restrictions and upon the conditions proposed "in the said Memorial, and His Royal Highness the Lord High Admiral is to "give the necessary directions herein accordingly.
Royal Navy shall have precedence of all the officers of the Bombay Marine of the same rank; and that the officers of neither service shall have any command whatever over the ship's officers and men of the other service, unless by special orders to that effect from the respective governments.
His Royal Highness the Lord High Admiral was pleased to issue his warrant, authorizing the Bombay Marine to wear, in addition to the red ensign, which all ships belonging to his Majesty's subjects should legally wear, the Union Jack, and a long pendant having a St. George's Cross on a white field in the upper part next the mast, with a red fly; and at the same time to intimate his gracious intention to issue positive directions to his Majesty's Naval Officers in India, neither to impress men from the Bombay Marine nor to accept their voluntary services. Such were the important and satisfactory arrangements carried into effect regarding the force in question, to the close of September 1827. The Court of Directors on intimating them to the Bombay government, issued orders for a revision of the establishments of ships and officers. Difficulties still presenting themselves to the extension of the exact provisions of the Naval Mutiny Act: measures were contemplated for subjecting the corps to a defined code of martial law, so as to effectually provide for the maintenance of discipline and the punishment of desertion. The necessity of such measures was superseded by the Chairman of the EastIndia Company, William Astell, Esq., M.P., obtaining leave on the 1st July to bring in a bill to extend the provisions of the
* "By his Royal Highness the Lord High Admiral of the United Kingdom of "Great Britain and Ireland, &c. :
"Whereas I have deemed it expedient that the ships of the Bombay Marine "shall be granted the privilege of wearing, in addition to the Red Ensign, which "all ships belonging to his Majesty's subjects should legally wear, the Union Jack " and a long pendant, having a St. George's Cross on a white field in the upper 66 part next the mast, with a red fly; I do therefore, by virtue of the power and "authority vested in me, hereby warrant and authorize the Union Jack and Pen"dant above described being worn on board the ships of the Bombay Marine 66 accordingly.
"Given under my hand, and the Seal of the office of Admiralty, the 12th of
By command of His Royal
"J. W. CROKER."
4 Geo. 4, сар. 18.
the Mutiny Act for the Company's army to the Bombay Marine. The same was introduced on the 3d, and has been subsequently passed into a law.
Whereas in the 4th year of the reign of his present Majesty, an Act 4th Geo. IV., cap. 81, was passed, entitled "An Act to consolidate and "amend the Laws for punishing Mutiny and Desertion of Officers "and Soldiers in the service of the East-India Company."
And whereas the said Company, for the safety and protection of the territories under their government, in addition to their land forces maintain a marine establishment called the Bombay Marine; and it is expedient that discipline should be enforced therein in the manner provided by the said Act in respect to the other forces of the said Company; and it is intended that the officers of the said Bombay Marine should hereafter be commissioned, and the seamen should be enlisted as officers and soldiers respectively of the said Company's army: be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons in this present Parliament assembled, and by the authority of the same, that the provisions of the said Act, and the rules and articles of war made and to be made by virtue thereof, shall extend and be applied to the service of the Bombay Marine, and that all persons in the service of the said Company belonging to the said Bombay Marine, who shall be commissioned or in pay as officers, or enlisted or in pay as non-commissioned officers or soldiers respectively in the said Company's army, shall be to all intents and purposes liable to the provisions of the said Act, and to the same rules and articles of war, and the same penalties as the officers and soldiers of the said Company's other forces.
(2) And be it further enacted, that this act shall commence and take effect from and after the 1st day of January one thousand eight hundred and twenty-nine.