charge alleged against him; by a public censure and admonition, inserted in the orders of the bat. H. M. has been pleased to approve and confirm the finding and sentence of the ct., but from various circumstances in the conduct of the prosecutor (Lieut.col. N.), as they appear upon the proceedings, and as they have been noticed by the ct., H. M. has commanded, that it should be intimated to the lieut.col, that he does not consider him a fit person to have the command of the 2d bat. of the 10th regt. and that he will be immediately removed from it; and as it appears from the proceedings (and which has been fully noticed in the opinion of the ct.) that the officers of the 2d bat, of the 10th regt. who composed the mess of that bat., at the time the sentence of the late ct.-mar. on Capt. H. was officially communicated to him, did not give that attention to the merciful consideration, which H. M. was graciously pleased to extend towards the prisoner, by reinstating him as a member of the mess, which, after such pardon from H. M., it was their duty to have done; and by their neglect of such duty, they not only did not manifest a due sense of respect towards H. M.'s clemency, shown to the prisoner, but they appeared to cherish, by such conduct, a disposition detrimental to the prisoner's professional reputation, and tending to subvert that harmony which it ought to have been their object to have preserved. H. M. was therefore pleased to command, that it should be intimated to those officers, that their promotion should for the present be suspended. H. M. has been further pleased to command, that it may be intimated to Capt. H., that, his having been twice tried by a gen. ct. mar., by the 1st of which he was sentenced, to be cashiered, and by the 2d to be suspended from rank and pay for 3 months; H. M. does not consider him a fit person to remain any longer in the 10th regt. and that he will be immediately removed from it. By order: (Signed) H. CALVERT, Adj.gen. CASE 2.] (Copy.) "To Col. O., comg. 3d div., &c. &c.—Sir: 1.—I have had the honour to receive and lay before the com. of the forces, your letter of the 5th ult., and its enclosed correspondence, relative to a complaint preferred by Lieut. O., against his immediate comg. officer Maj. M. 2. « H. E. Sir G. Nugent has perused the whole of that correspondence with the greatest attention; and he is sorry that he cannot concur in the decisions of two officers whom he so highly respects, as Maj.gen. M. and yourself. 3. "Undesirable and unpleasant, as it must be, for the Com. of the forces to be compelled to decide against a comg. officer, in an appeal from any one under him; yet there are cases in which to do so it is a duty no less imperious and obligatory, than the maintenance of subordination; and the present, H. E. feels to be one of those cases: to act on a contrary principle would, in H. E.'s judgment, tend rather to impair than to establish the rational foundations of discipline, by leading officers to suppose, that their feelings or their characters were exclusively exclusively at the mercy of their immediate superiors, without the possibility of deriving effectual protection to either, from the authority even of the highest controuling power. 4." Actuated by the preceding consideration, which is no less consonant to justice than consistent with the most rigid and firm support of mil. discipline, H. E. cannot hesitate to express his unqualified disapprobation of the terms you are a disgrace to the corps,' used by Maj. M. to Lieut. O. on the public parade; terms which appear not only altogether disproportioned to the error or inattention committed by Lieut. O., but most unwarranted, and such as ought never to have been used. 5. "To this opinion H.E. must add the expression of his regret, that Maj. M. did not avail himself of the advice and suggestions, offered with so much correctness and propriety by Lieut.col. K., then comg. at Kurnaul. Had Maj. M. abided by the opinion of that experienced officer (and H. E. conceives it was the major's duty to have done so), he would have performed no more than a common act of justice, and have spared himself the mortification of having incurred, and the Com. of the forces the pain of expressing, H. E.'s displeasure. 6. "Although, undoubtedly, it would have been more regular, if in this case Lieut. O.'s letter had been transmitted through Maj. M., particularly as it contained a complainst against the major, founded on a circumstance, which had occurred when there could be no doubt but that he was at the time comg. officer; yet, that omission (if such it was), on the part of Lieut. O., or Lieut. R. (the adjt.), (for much depends on the instructions which Lieut.col. H. gave, respecting the correspondence of the bat., during the time of his temporary inability to attend parade duties), did not justify the major's refusing to make an acknowledgment when it was due, or in withholding from his lieut. col. all explanation or information on a point, on which it was his bounden duty to have afforded it in the fullest and most explicit manner. 7." In providing by G. O. 29th July 1813, for the established course of discipline and exercise, being carried on without suspension or interruption from the occasional indisposition of a comg. officer, H. E. certainly meant, that the next senior officer, upon whom the command was directed to devolve, should be vested with such portion of the lieut.col.'s authority, as was necessary for the maintenance of that course of exercise and discipline, which it was the object of the above orders more particularly to provide for; and that the lieut.col. should support his major, or other officer next to him in command. But it was not H. E.'s intention that the lieut.col.'s general authority and controul over his bat. should be set aside, when he was present with it, though unable, for a time, to attend its active duties on the parade or field of exercise. As he is more immediately responsible for the conduct and discipline of his bat. he must be kept apprized of every thing that relates to it, and the executive command contem plated plated in G. O. above referred to, must be exercised in subordination to, and not independent of his authority. The Com. of the forces, however, concurs in opinion with you, that a lieut.col. giving over the temporary command of his corps, from the cause above alluded to, himself continuing present with it, should inform the successor of the general line of authority he is to exercise; and what particular rights and privileges the lieut.col. reserves to himself. 8. "The Com. of the forces requests you will communicate a copy of this letter to Lieut.col. H., for the information of Major M. and Lieut. O., with H. E.'s hope and expectation, that the latter officer will now rest satisfied with the sentiments and decisions of the Com. of the forces, and that he will be solicitous to evince, by future assiduity and alertness, that the inattention to his duty on the occasion complained of by Maj. M., was casual and undesigned. On Maj. M, the Com. of the forces is desirous of impressing; that authority never loses by self-possession: and that in conveying even merited reproof, there are bounds which should not be passed (10). (Signed) "G. H. FAGAN, Adj.gen." "A. G. O. Presy, Ft. Wm., June 1, 1814." CASE 3.] G. O. C. C., 3d Feb. 1792. Earl Cornwallis, having perused the several papers, transmitted to him by Col. Mackenzie, relative to a dispute between Capt. L. G. and one of his subalterns, as also a letter from the adj.gen. to Col. Morgan, conveying the col.'s decision on the subject; his Lordship thinks proper to declare to the army his entire approbation of the sentiments therein mentioned, upon each particular point: he also confirms the removal of Lieut. L. S. from the 15th bat. "To Col. C. Morgan, comg. at Futtyghur. (Ext.) Sir;-The basis of Lieut. S.'s representation is the bat. ct.-mar. on Doltowman Sing, sepoy, brought to trial by Lieut. S. for disobedience of orders, neglect of duty, and contempt of authority,' and the specific point of Lieut. S.'s complaint is, Capt. G.'s having remitted the punishment, passed on Doltowman Sing, at the request of Lieut. J. "It is probable the adjt. had a good reason for making that request, but the comg. officer of the troops has no hesitation in saying, that, independent of the instances, which are adduced of the prisoner's former misconduct, the other motive, which has been assigned by Capt. G., for the lenity shewn to the prisoner, viz. 'his being a young sepoy, is by no means satisfactory; as any sepoy who disobeys one of the first and (10) (Ext.) “ To Maj.gen. B. comg. 1st division, field army. Sir,-Para. 2. The Com. in chief entirely concurs with you, in the impropriety of Lieut.col. D.'s method of punishing those officers, who came too late to parade; and you are requested to make the same known to the lieut.col., with H. E.'s desire, that he will not again have recourse to so objectionable a measure (ordering them to fall in, in rear of their companies, under their native officers).” (Signed) "A. G. O., Cawnpore, 2d Oct. 1817." "J. NICOL, Adj. Gen. of the Army." and plainest rules of his duty, at the expiration of three years' service, can be little entitled to indulgence, and is scarcely fit to be retained in the service. "These were points, however, totally wide of Lieut. S.'s province; he discharged his duty in bringing the sepoy to a trial, and prosecuting him to conviction; but it rested solely with the comg. officer of the bat. to approve or disapprove of the sentence, and to remit the punishment, in any mode or terms he thought fit; and the comg. officer of the forces considers it his duty to remark, that the arrogant and disrespectful manner, in which Lieut. S. arraigns this legal exercise of the authority of his immediate comg. officer, merits the severest reprehension. "Col. Mackenzie has further directed me to remark, that as the matter in reference was clearly cognizable by the comg. officer of your station, Col. W. ought to have passed his decision upon it; and that it is extremely presumptuous, in Lieut. S., to insist so pertinaciously, as he does, in appealing to the decision of the Com, in chief; whose time, at this critical conjuncture, is so fully occupied by affairs of the greatest importance to the state, that it would be highly obtrusive to trouble him with vexatious references of this sort. "The same reason prevents a compliance with Capt. G.'s request, though proceeding from a different motive; and is expressed in more becoming terms. "In conclusion, Col. Mackenzie, being of opinion, that the good order and discipline of the 15th bat. might be impaired by disputes of this sort, he has resolved to separate Lieut. S. from Capt. G., and has acordingly removed the former to the 2d Europ. bat., until Earl Cornwallis's pleasure shall be known. "You will be pleased to publish this letter in your Station Orders. (Signed) "P. MURRAY, Adj.gen." "Ft. Wm., Adj.gen.'s office, 5th Jan, 1792," CASE 4.] G. O C. C., Bombay, Nov. 20, 1822, Charge. Maj. I. K., of the 12th regt. N. 1., placed in arrest by order of H. E. the Com, in chief, on the following complaint from Messrs. S., M., and Co., merchants of Bombay: "To H. E. Lieut.gen. the Hon. Sir C. Colville, G. C. B., Com. in chief, Bombay. Sir:-It is with great regret we find ourselves called upon to hand up to your Exc. the enclosed copy of correspondence between Maj. K., of this presidency, and our firm. "As Maj. K. has thought fit to allow our direct charge of falsehood against him to remain unanswered for a period of nearly six weeks, and, as we cannot, consistently with our characters, allow the representation contained in his letter of the 14th ult. to continue in its present state, we know of no other authority, except your Exc., to which we can apply for redress. "We "We deem it unnecessary to offer any further remarks on this subject at present, and have the honour to subscribe ourselves, &c. "Bombay, July 30, 1822." "S., M., and Co." Ext. of a letter referred to in the first para. of the preceding, addressed by Messrs. S., M., and Co., to Maj. I. K., dated June 19, 1822. "As this statement, if true, involves us in the predicament of having acted with concealment and duplicity, and if untrue, involves you in the predicament of wilfully asserting what is false, we lose no time in declaring, most solemnly and positively, that the insurance was effected for our benefit by your own consent and knowledge; for you yourself furnished the life certificate to effect the insurance in question, and you, personally, requested Mr. B. to delay enlarging the policy of insurance (to which he consented) when we applied to you for that purpose, in our letter of the 10th April last. "We are aware that we are making a grave and serious charge against you, as an officer and a gentleman, but we are fully prepared to follow it up (if necessary), by laying our proofs before his Exc. the Com. in chief, "Such conduct as is described in the preceding letter and extract, being highly disgraceful, and unbecoming the character of an officer and a gentleman. 66 By order of H. E. the Com. in chief, (Signed) "D. LEIGHTON, Adj.gen. of the army." "Bombay, Adj.gen. office, Nov. 4, 1822." FINDING-Most fully and honourably acquitted. The court are further of opinion that the complaint, preferred by Messrs. S., M., and Co., against Maj. I. K., is unprecedented, vexatious, and entirely groundless. (Signed) R. COOKE, Maj.gen. and President. REVISED FINDING-The court, having taken into their mature deliberation, the preceding letter, are of opinion, that as the censure contained in the original finding, applies to a complaint, preferred by Messrs. S., M., and Co., and as all correspondence relating to this complaint is subscribed by the signature of the firm; it is not competent on the court to attach blame to any particular partner, and they do, therefore, adhere to their original finding and opinion. (Signed) Approved & confirmed: R. COOKE, Maj.gen. and President. VANS KENNEDY, Judge Adv.gen. (Signed) C. COLVILLE, Lieut.gen. The Com. in chief desires that the adj.gen. will immediately release Maj. K. from his arrest, and most heartily congratulates him on an acquittal, expressed in terms that must be as gratifying to his own feelings, as satisfactory to his friends and the profession he belongs to. W. P. TUCKER, Dep. Adj.gen. |