compelled to forfeit those advantages. If in the oath (C) the words "as the case may be," were omitted, the difficulty would be removed. 17. Falsely claiming a Soldier as a Deserter from another Regt. To encourage any person or persons to secure or apprehend deserters from H. M.'s service it is enacted, by sec. cxviii., Ann. M. A. 1824, that in case of every deserter apprehended in Gt. Britain or Ireland, the Secy. at War, is to make an order for the payment of 20s. “provided that this reward shall only be given in cases in which the Sec. at War shall be satisfied that such person or persons is or are justly entitled to the same, according to the true intent and meaning of this act." The claiming a soldier as a deserter from another regt., as in case 31, was with the view, as stated in case 32, of enabling the soldier in question, "to withdraw himself from his service in the particular regt. in which he then was." 18. As to the Causes of Desertion.] During the time of war, desertions, in England, are more frequent than at any other time, the high bounty then given being an inducement to soldiers to desert and enlist in other regts. to obtain a fresh bounty. It is stated (27) that from the year 1803 to 1812, both inclusive, there were 53,764 desertions in the British army, being an average of more than 5,000 each year (28), which, besides the loss of the services of those men, occasioned a great increase of expense. It is estimated that every European recruit enlisted for the E. I Co.'s service costs £100 before he joins his regt. in India. There is more difficulty in deserting in India than in England, as, in the former, the European is easily distinguished from the natives of the country. There is no possibility of remaining long concealed in the Co.'s provinces, but at the towns of Calcutta, Madras, or Bombay there is more facility. Desertions in India are more prevalent in time of peace than at any other time. The keeping the native troops too long at any station has, at times, been the occasion of desertion to a very great extent (29), and it is partly owing to a conviction of such being the cause, perhaps, that regts. are removed from stations every two years, and more frequently under particular circumstances. The desertions above alluded to, arose from the circumstance of the men of the regt., having formed connexions at the place they were leaving. But desertion sometimes take place in consequence of a corps being sent to places where provisions happen to (27) Samuel on M. A. and Arts. of War, p. 329. (28) 1810-4,729 be 1811-5,026 1809-4,901 1812-5,918 Total 53,764 Average 5,376 Adj.gen.'s Office, 13th Nov. 1818. (29) 300 Sepoys once deserted from a regt., of two battns. on quitting Lucknow where they were enlisted, after having been there three years. be very dear, and this is an important consideration with native soldiers (30), who pay for their own food. Native soldiers have sometimes deserted in consequence of being in debt to the inhabitants of the place where their corps is stationed, or to other persons in their corps; and to evade the debt, or prevent themselves being brought to account for such conduct, they desert the service. There are, however, no troops in the world, perhaps, who are more attached to the service to which they belong, than the native soldiery of India; and no men so easily kept in obedience to authority, or who give so little trouble to their officers, if treated with kindness, and proper attention be paid to their complaints, and to their obtaining leave of absence to visit their families, when entitled to that indulgence.-(See Remarks to case 24.) 19. "G.O. C. C. 6th Oct. 1817. The practice which has hitherto prevailed in the army, of enrolling and drawing arrears of pay for deserters who have been apprehended, previously to bringing them before a ct.-mar. for the trial of their offence, appearing to be founded on erroneous principles, it is hereby declared, that a soldier, deserting or absenting himself from his corps without leave, is liable, on conviction, to all the penalties of his crime, without any necessity for the formality of re-enrolment; it being obvious, that no mil. retainer can, by his own act alone, or without the previous consent and permission of the authorities constituted over him by the state, cancel the obligation he voluntarily embraces on his oath, on his first entering the service, and consequently, as a deserter, he is still amenable to martial law. "It is moreover declared, that the act of desertion cancels every `claim that a soldier may have on the service at the moment of quitting his corps; and that no arrears of pay, clothing, or any other allowance whatever, can be drawn on his account. "When any soldier, who may have been struck off as deserted, shall return to his corps, or be apprehended and sent to it, the circumstances shall be duly reported to the officer comg. the division in which the corps is serving, who will use his discretion in either recommending him to be re-admitted on the strength of his corps, or in bringing him to trial before a regtl. or gen. ct.-mar., as he may deem the case deserving of; reporting his proceedings to the adj.gen. of the army, for the approval of the Com. in chief, "Subsistence will be furnished to deserters from the date of their being apprehended by the commissariat, on an order to that effect from the comg. officer of the station, at the following rates: "To European deserters, a full ration of meat and bread, but no rum in cantonments, and an equivalent in money when marching. "To native deserters, two annas per diem. "When (30) It is a well known fact, that when the native troops, in Bengal, are given to understand that they are to proceed to a new station, the first inquiries they make are, as to the price of provisions, and as to the quality of the water. "When deserters are in progress to their corps and stations, this allowance will be furnished by the commissariat officer or agent at each successive station which they may pass, and continued after they join, until they shall be finally disposed of. "The re-admission on the strength of corps, of soldiers who had deserted, or have since been struck off, from whatever cause, must invariably receive the sanction of the Com. in chief, before the act can be deemed valid, or can entitle the parties to be drawn for in the pay abstract of their corps; on all such occasions, the pay and audit depts. should have authentic notice of the re-admission so confirmed, tacked to the first abstract in which the men are drawn for. "The clothing in store, of soldiers who desert the service, becomes the property of govt., and is to constitute a source from whence recruits are to be supplied with clothing, as provided for by govt. orders of the 14th March, 1812." 20. Charges.] See Forms, Nos. 39 and 40, Chap. I. That A. B. did, on desert from his regt., troop, comp., detacht., at till "" - guard, party, or post, (as may be,) by absenting himself from the same without leave, from (or did quit his post when sentry, &c., not returning till seized or apprehended, on ———, at ———, by -). Or, did desert, &c., and go over to the enemy, in front of, &c., during action, while on service, &c.; carrying off, or making away with, his arms, accouts., ammn., or money, placed under his charge. Or, did desert, &c, having before deserted [being 2d, 3d, 4th, &c. time-if from other regiments subsequently (art. 4.), give prisoner notice of the additional fact to be given in evidence]; or, after having been pardoned for the same offence, or absence without leave. Or, did desert from ———, and enlist into regt.; or any other offence. The same being in breach (See Contents, at the head of the Cases.) of the Arts. of War. N. B. The making away with arms, ammn., &c., is usually an additional charge. In H. M.'s service, a gen. regtl. ct.-mar. may try for desertion. 21. Evidence.] Nos. 1 and 2, as at Chap. III. sec. ii. art. 1. 3. Prove the absence from regt., &c. &c., as stated in the charge. 4. Prove that no leave was given for the absence. 5. Prove the return of the deserter, or being seized or apprehended, and brought back to his corps; or having surrendered or given himself up to the party sent to seize him. 6. In the case of deserting from other regts. subsequently, give such fact in evidence.—(M. A. sec. vi. and 4th art. of this sec.) Or, if a sentry-3. Prove his having been put on that duty, and having been found absent therefrom, then 4 and 5, as above. Or, if on service, or before the enemy-3. Prove these facts, then 4 and 5, as above. Or, if going over to the enemy-3. Prove being seized, &c., in the enemy's fort, camp, &c., and then 4 and 5, as above. The pay or orderly serjt. of the comp., and the adjt. of the regt., would be sufficient to prove the absence and return. 22. Punishment.] 1. Sec. i. M. A. authorizes death, or such other punishment. 2. By sec. vii. M. A., to be transported as a felon for life, or certain term of years, in the case of a non-com. officer or soldier, if the offence be not deserving a capital punishment (and instead of corporal punishment). 3. By sec. ix. M. A., a non-com. officer or soldier may be sentenced to general service (31), as a soldier in any regt. of the Hon. E. I. Co.'s service, to which the Com. in chief may be pleased to appoint him. 4. By sec. x. M. A., a non-com. officer or soldier, if enlisted for a limited term of years, may be sentenced to serve for life as a soldier, or for any number of years (beyond the period for which he shall have enlisted), in the regt. to which he belongs, or any regt. to which the Com. in chief shall be pleased to appoint him; and may, in addition, be further adjudged to forfeit all benefit or advantage as to increase of pay, or as to pension or discharge, which might otherwise have accrued from the length or nature of his service (36). 5. By sec. xxiii. of the M. A., imprison ment (31) "As some doubts may have arisen as to the construction of the 6th and 7th (32) clauses in the M. A. giving the power of sentencing soldiers to general service, it appears that the 6th clause is equally applicable to both the regular army and the militia, and that a sentence of gen. service should be according to the terms of that clause. If the militiaman be a substitute, or a volunteer, the court should apply the terms of the 127 (33) cause of the M. A. (42 Geo. III. c. 90) without period or place, which must be left to the King, or P. R., acting in his name, on his behalf, in both instances. The 7th (34) clause of the M. A. is certainly only intended to apply to the regular army of the line, with regard to those N. C. O. and soldiers, who may be enlisted for limited service, under the late Mr. Windham's act.”—(James's Edition of Tytler, 1814. See notes). G. O. H G. 12th May, 1818. " With reference to H. M.'s commands, which were issued by the Sec. at War, on the 29th July 1806, and by which it is directed (35) "that a soldier having inlisted for limited service who shall be guilty of the crime of desertion shall be deprived of all title to increased pay or pension arising from antecedent service." H. R. H. the Com. in chief, directs it to be communicated to the army, that such soldiers are not entitled to their discharge, until they shall have actually served the full period for which they were enlisted, and that on their apprehension or surrender, they are to make good the time during which they may have been absent from their regts, in a state of desertion, previous to their discharge being granted." "It is to be understood, that this order is not intended to interfere with, or in any manner to affect, the punishment to which deserters are liable by the sentence of cts.mar., but solely to remove a doubt, which has hitherto existed, as to the periods at which soldiers enlisted for limited service, who may have been guilty of desertion, are entitled to their discharge. By command: (Signed) "H. CALVERT, Adj.gen." The Ann. M. A. 1824, sec. vi., authorizes a gen. regl. ct.-mar., in H. M.'s service to award this sentence.-(See warrant for gen. regl. ct.-mar., sec. xiv. art. 14.) (32) Secs. ix. and x., M. A. 4 Geo. IV., cap. 81. (33) Sec. cxix., Ann. M. A. 1824. (34) Sec. x., M. A. 4 Geo. IV., cap. 81. (35) Sec. x., M. A. 4 Geo. IV., cap. 81. (36) Sec. vii., Ann. M. A. 1824, authorizes a gen. regl. ct.-mar, to award this sentence. ment (solitary or otherwise) or corporal punishment, to any non-com. officer or soldier. 6. By sec. xxiv. of the M. A., imprisonment (37) in any fortress or garrison, or other suitable place of safe custody. 7. By sec. xi. of the M. A., in addition to any other punishment, may be marked on the left side, two inches below the arm-pit, with the letter D.; such letter not to be less than half an inch long, and to be marked upon the skin with ink, or gunpowder, or other preparation, so as to be visible and conspicuous, and not liable to be obliterated. N. B. No two punishments, except those particularly mentioned.— (See Att. and Sol.gen.'s opinion, sec. ii. art. 5.) The 3d art. sec. xi. directs weekly stoppages, not exceeding half the pay, to be made, where arms have been lost, &c. This is in addition to the sentence for desertion. CONTENTS. Punishments. 1. Deserting, and going over to, and entering Death. into the service of the enemy-Case 1. J .... 2. Deserting in front of the enemy, with his }Death. 4. Deserting during an action-Case 4..... { missed the service. 900 lashes, and dis Death. Death; 900 lashes, and drummed out of the service. 7. Deserting from an escort in charge of a Death. state prisoner-Case 8. .... 8. Deserting when on guard-Case 9. -Case 10. 10. Deserting a few days after having been } 1,500 lashes. 1,000 lashes. pardoned for the same offence Case 11.} Death. 11. Deserting, and again breaking from con- Transported for 7 yrs. finement--Case 12. .... 12. Combination (and oath of secrecy) to de-} Death; 1500 lashes. sert, and deserting-Case 9 and 13... 13. Deserting, having before deserted-Cases Transported as a felon 14 and 15 ... s for life; 900 lashes. 800 lashes. 14. Deserting, having before been absent without leave-Case 16..... 15. Deserting, and maiming himself Case 17. 16. Deserting, and making away with regtl. coats, &c., and not returning till brought back a prisoner-Case 18. * Death. Transported for life. 950 lashes, and stop pages. 17. (37) Sec. xxv. Ann. M. A. 1824, by any gen. or other ct.-mar. with or without hard Labour. |