Maj.gen Thomas, or officer comg. at Cawnpore, will take the necessary steps to have the prisoner, private W. M'Elroy, forwarded, under proper custody, to Chunar, where, upon his arrival, Maj.gen. Loveday will be pleased to give the requisite orders for the confinement of the prisoner, as directed.

The term of confinement to commence from the publication of this order at Cawnpore.

CASE 25.] G.O. C. C. Madras, Oct. 1820. At a gen. ct.mar., private D.Keefe, ofH.M.'s 34th regt. was arraigned on the following charges, viz. 1st. "For [mutinous] conduct, in being disorderly at the hour of 12 o'clock, on the night of the 7th of Oct. or thereabouts, near the quarters of Adjt. Straith, with his musket loaded, and for having used the following expressions: that he wanted to see Adjt. Straith on particular business, and saying that the adjt. was a damned rascal, and that he would rid the regt. of a tyrant,' (or words to that effect,) and other unsoldier-like language.

2d. "For making away with one round of his ammunition in direct violation of the 2d art. 13th sec. (57) of the Articles of War, land that for the very worst of purposes, namely, to take the life of his superior officer."]

FINDING-Guilty of highly irregular and disorderly conduct in being out of his barracks early on the morning of the 8th of Oct. 1820, with a musket (but not his own) loaded, and having said that the adjt. was a damned rascal, and other unsoldier-like language, and acquitted of the words in italics in both charges.

SENTENCE-To be placed in solitary confinement for 8 months. Approved and confirmed: (Signed) T. HISLOP, Lieut. gen. REMARKS.-1st. The frequent recurrence of acts of the grossest insubordination, exhibiting a spirit of mutiny, of which certain soldiers belonging to some of H. M.'s regts. serving under this presidency, have recently, before gen. cts.-mar., been convicted, demand from Lieut. gen. Sir. T. Hislop, their immediate comr. the expression of his deep concern with that of his utmost displeasure.

2d. For the suppression of such like offences, striking as they do at the very root of military discipline, H. E deems it his duty thus publicly to announce to H. M.'s regts. under his command, that conviction of the same will, in every instance, inevitably be followed by the punishment awarded, whatever the extent thereof may be which a ct. mar. may pronounce the crime to deserve.

3d. H. E. is at the same time, thoroughly convinced, that conduct so disgraceful to the character of British soldiers, is viewed with abhorrence by the generality of the troops, and he is, therefore desirous, at once, of relieving the honest and upright feelings of that description of men from any such sort of imputation; but to those whose habits are become licentious and depraved, the present intention of H. E. is pointedly to make known, the firm resolution he has adopted, of consigning

(57) Art. 2. sec xi. E. I. C.'s

signing them to whatever may be the fate to which by their conviction of crimes so atrocious they may be sentenced.

CASE 26.] G.O. G. H. 14th Sept. 1815. A a gen. ct. mar., Bt. Lieut. col.Hon. T M., capt. in H. M.'s 44th regt. of foot, was arraigned upon the undermentioned charges, viz

1st. For having on the 8th Jan. 1815, shamefully neglected and disobeyed the orders he had received from the late Maj. gen. Gibbs, comg. the 2d brigade, to collect fascines and ladders, and to be formed with them at the head of the column of attack at the time directed, and, in disobedience of the said ors., suffering the regt. under his command, to pass the redoubt where the fascines and ladders were lodged, and remaining at the head of the column for half an hour or upwards, without taking any steps to put the 44th regt. in possession of the fascines and ladders, in conformity with the said orders, knowing the period of attack to be momently approaching; in consequence of which disobedience and neglect, the 44th regt., on being sent back to the redoubt, and returning hurriedly with the fascines, &c. &c. was thrown into confusion, and moved off to the attack in an irregular and unconnected manner, leading to the firing and disorder which ensued in the attacking column, and the disasters attending it.

66

2d. For scandalous and infamous misbehaviour before the enemy near New Orleans, on the 8th Jan. 1815, in not leading and conducting the 44th regt, under his command up to the enemy's works ;] in not placing the ladders and fascines in the ditch as he was ordered to do; [and in mat setting that example of gallantry to the soldiers, so indispensably requisite a part of an officer's duty, to insure the success of such an attack,] in consequence of which [misbehaviour,] the 44th regt. did not perform the service allotted to them, [never having made an attempt to place the fascines in the ditch,] and thereby leading to the [cause of] the failure of the attack.

3d. [For scandalous conduct] in having said to an officer of his regt. on the 7th Jan 1815, when informed the 44th was destined to carry the fascines, &c. "It is a forlorn hope, and the regt. must be sacrificed,' or words to that effect; [such an expression being calculated to dispirit those under his command, to render them discontented with the service allotted to them, demonstrative of the feeling with which he undertook the enterprise, and infamous and disgraceful to the character of a comg. officer of a British regt."]

FINDING-Guilty of 1st charge. Guilty of the 2d charge, (except of the words in italics, of which the court most honourably acquitted him, as well as of evincing any want of personal courage); on the 3d charge, that the prisoner did use the expression set forth in the charge, or words to that effect; but that those words were not used in the sense, with the view, or with the evil intention or consequences imputed in the said charge. The court do therefore most fully and honourably acquit the prisoner of the said 3d charge, and all criminality thereon.

SENTENCE

SENTENCE-To be cashiered.

Approved and confirmed by H. R. H. the P. R. By command: (Signed) H. CALVERT, Adj.gen. CASE 27.] G. O. P. C. O. 1st May 1807. At a gen. ct. mar., for the trial of all such prisoners as shall be brought before it.

Crime.] W. Shea, J. Bagnal, and H. Kennedy, privates of H. M.'s 67th regt., confined by Lieut.col. Gordon, on the following charges:

1st. "For beginning, causing, exciting, and joining in a mutiny or sedition in the co. of H. M.'s 67th regt. to which they belong, on or about Sunday, the 22d March last.

2d."For mutiny and disobedience of the lawful commands of Lieut.col. Gordon, their comg. officer at the evening parade, on the 22d March last, when on the word being given by the said Lieut.col. Gordon, to shoulder arms,' they, W. Shea, J. Bagnal, and H. Kennedy, grounded their arms.

3d. "In mutinous contempt of his authority, and also in further mutinous disobedience of the lawful commands of the said Lieut.col. Gordon, for obstinately remaining stationary, when repeatedly ordered by him to go to the right about,' on the same evening, in breach of the rules and arts., for the better governing of all H. M.'s forces. FINDING-Guilty. SENTENCE-W. Shea, to receive 1,500, J. Bagnal, 1,200, and W. Kennedy 800 lashes.

Approved: (Signed) W. DOWDESWELL, Provl, Com. in chief. In consideration of the good character of H. Kennedy, I remit the punishment awarded to him.

I cannot but regret the heat that seems to have been manifested in the course of this trial, but whatever improprieties there may be either on the prosecutor's or Judge Adv.'s part, I have no doubt of the purity of intention of both parties.

(Signed)

W. DOWDESWELL, P. C. C.

CASE 28.] G. O. H. G. 25th Sept. 1812. At a gen. ct.-mar., privates T. Sloan, J. Allisen, R. Scott, and A. Wallace, of the Dumfrieshire militia, J. Pugh, and D. Evans, of the Montgomery militia. T. Mitchell, of the Westmoreland militia, S. Newton, of the Nottingham militia, and W. Graham, of the Northumberland militia, were arraigned upon the undermentioned charge, viz.

"For mutinous conduct, and disobedience of ors., on Thursday, the 18th day of June 1812, when on a march from Chatham to Sheerness fortress, with a division of a battn. composed of detachmts, of British militia, by refusing to go into the island of Sheppy, or to cross the passage at the king's ferry, (the usual communication into the said island, and road to Sheerness,) being an express violation of his (and their) duty as a soldier, (and soldiers) and contrary to the Arts. of War."

FINDING-Guilty. SENTENCE-To receive individually 300 lashes

each.

RECOMMENDATION.-The court taking into consideration the cir

cumstances

cumstances and evidence set forth by the prisoners, of their offering to return to their duty upon the parade, in Chatham barracks, on the 18th June 1812, by expressing every willingness to go to Sheerness, before they were actually confined, and from a conviction that the prisoners having refused to do so at the king's ferry, proceeded more from a perfectly erroneous idea of the island of Sheppy being unconnected with, or a separate island from Great Britain, than from any meditated mutinous conduct or disobedience of ors., doth humbly presume to recommend them, generally, as objects of mercy; but, particularly, the prisoner W. Graham, who has proved to the court, that he was delayed, and thereby prevented receiving the pardon, which had been granted to many men who returned to their duty, by the laudable intention of persuading an absent comrade to follow him, in acknowledging his error, and to obtain forgiveness.

H. R. H. the P. R. was pleased to approve and confirm the finding and sentence of the court; but, under the circumstances upon which the court grounded their recommendation, H. R. H. was further pleased to extend his most gracious pardon to each of the prisoners.

By command:

(Signed) H. CALVERT, Adj.gen. N. B. The militia are not compellable to serve out of the kingdom.

CHAPTER IV.

SECTION III.-OF DISCHARGING SOLDIERS, &c.

Discharge granted to all Soldiers dismissed the Service.

ART. 1.] (1.) Non-com. officers and soldiers having been duly enlisted and sworn, shall not be dismissed the Co.'s service without a discharge, granted according to the gen. order on that head, which shall be in force at the time of granting the discharge.

1. Duly enlisted and sworn.] Sec. xci of the Ann, M. A., 1824, enacts, "That every person who shall receive enlisting money from any officer employed (2) on the recruiting service, or from any noncom. officer or private soldier belonging to the recruiting party under the command of such officer, or from any person employed on the recruiting service, he being an attested soldier, shall be deemed to be enlisted as a soldier." Sec. xcii of the Ann, M. A. enacts, "That when any person or persons shall be enlisted, he or they shall within four days, but not sooner than 24 hours after such enlisting, be carried before some justice of the peace of any county, riding, city,

(1) Art. 2, Ann. Arts, of War, 1824.

or

(2) Ann. M. A., 1824, sec. c., enacts a penalty of £20 for advertising for recruits without authority, for each offence.

or place, or chief magistrate of any city, or town corporate, residing or being next to, or in the vicinity of the place, and acting for the division or district where such person or persons shall have been enlisted, and not being an officer in the army; and if such person or persons shall declare his or their having involuntarily inlisted himself or themselves (3), then such justice or chief magistrate shall forthwith read over or cause to be read over in his presence, to such person or persons, the 3d and 4th art. of sec. ii, and the 1st art. of sec. vi of the Arts. of War, against mutiny and desertion, and to tender and administer, in the case of recruits enlisting to serve either in H. M.'s troops or in the forces of the E. I. Co., according as H. M. shall think fit, in pursuance of the act of 39 Geo. III., c. 109 (4), the oath of allegiance in the schedule (5) marked (E); and the justice or chief magistrate shall certify such enlistment and swearing, accordingly to the form mentioned in the schedule (6) marked (F.); and in the case of recruits enlisted for the special purpose of serving in the E. I. in the forces of the E. I. Co. only, in pursuance of the act of 50th Geo. III. c. 87, the oaths marked (G. and H.) in the schedule (7); and the justice or magistrate shall certify such enlistment and swearing accordingly, in the form (8) mentioned in the schedule (I.); and if any such person or persons so to be certified shall wilfully refuse to take the said oath of fidelity (allegiance), it shall and may be lawful for such officer, from whom he received such money as aforesaid, to detain and confine such person or persons until he or they shall take the said oath. Sec. xciv (Ann. M. A.) declares persons receiving enlisting money and absconding, &c. to be deemed duly enlisted.

And by sec. liv (H. E. I. Co.'s) M. A., it is enacted, "that any person who shall voluntarily surrender or deliver himself up as a deserter from any regt. or corps of the said Co.'s forces, or who, upon being apprehended for desertion, or any other offence shall, in the presence of the magistrate or of the comg. officer of the place, confess himself to be a deserter from any such regt. or corps, shall be deemed to have been duly enlisted, and to be a soldier, and shall be liable to serve in any such regt. or bat. or corps of the said Co.'s forces, as the com. of the forces of the said Co. (9) shall think fit to appoint, whether such person shall have been ever actually enlisted as a soldier or not." 2. Not to be dismissed without a regular Discharge.] Soldiers enlisted for the service of the H. E. I. Co. under the Act 50 Geo. III. c.

87

(3) If they declare their dissent, "upon such declaration and returning the enlisting money, and paying the sum of 20s., together with the full rate allowed by law for the subsistence or diet, &c., furnished subsequent to the period of enlisting, shall be forthwith discharged and set at liberty, but refusing or neglecting, within 24 hours after declaring their dissent, to return and pay such money, shall be deemed and taken to be enlisted, as if they had given their assent before the magistrate. -(Clause 93., sec. Ann. M. A. 1824.)

(4) If transferred to E. I. Co.'s service. (6) Ann. M. A. 1824, p. 239.

(8) Ann. M. A., p. 243.

(5) Ann. M. A. 1824, p. 238.

(7) Ann. M. A. pp. 241, 242.

(9) At Bengal. Madras, or Bombay, &c.