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superintend and record the proceedings, and shall, in all practicable cases, consist of five members, and in no instance of less than three members, one of whom shall preside. Such courts shall be convened monthly by the comg. officer of corps (20) and stations, and shall be holden on some convenient day before the issue of pay for each month; and it shall be competent to such courts, upon finding any debt or damage due, either to award execution generally, or to direct, as they shall see fit, that the whole, or any part thereof, shall be stopped and paid over to the creditor, out of any pay or public money which may be coming to the debtor, either in the current or any future month.” (See concluding part of No. xi, at p. 16, if the debt be not forthwith paid, or as directed by the court, &c.)—Henley's Bengal Mil. Regns., p. 638. See the whole of the Regns. above quoted, and those relating to bazars, at pp. 626 to 639.
Shop-keepers, &c. residing within the limits of cantonments, are subject to the regns. of govt., and to the due authority of the comg. officer of the station.– Ext. Lr. Mil. Secy. to Govt., 23d Jan. 1806. Henley's Bengal Mil. Regns., p. 633. · 8. Charges.] For charges relating to breaches of this art., see No. 7, art. 2, sec. xxi.
9. Evidence.] Do. see evidence No. 8, art. 2, sec. xxi.
10. Punishment.] See punishment No. 9, art. 2, sec. xxi. For the punishment for breach of local regns. of cantonments, &c. see No. 2. Iy the case of petty assaults and affrays, see No. 3. In the case of
petty thefts, se petty assaults can regns. of cantort. 2, sec. Xxi.
Case 1.] G. 0. C. C., Oct. 15, 1823. At an European genl. ct.mar., at Agra, on 6th June 1823, J. Higginson, conductor of ord. nance, attached to the Agra magazine, was arraigned upon the undermentioned charges, viz.
Ist. “For repeated neglect of duty and disobedience of orders, in having refused to attend at the Magazine Office on the morning of the 7th April 1823, though previously warned for duty, and repeatedly gent for by Mr. Joyce, Depy. Assist. Commisy. of Ordnance.
Addl. Crime. “ For having broken his arrest, on or about the evening of the 5th May 1823.
FINDING-Guilty of the 1st charge; Not Guilty of the second; Guilty of the additional charge or crime.
SENTENCE_" To be dismissed from his situation of Conductor of Ordnance." “ Approved and confirmed: (Signed) Edw. Paget,
« Gen. Com. in chief in India.” J. Higginson is to join a corps in the rank of Serjt.maj., which rank
he (20) By sec. xxiii, “ When single corps are employed in separate or detached situations, by the officers comg. the corps so detached.” But where there are more than one corps at a station, &c. the comg. officer of the station, &c. convenes such courts, which are then termed station, &c. bazar cts.-mar.
(Signed).. in chief in
he held previously to his being placed in the Ordnance Commissariat Department. . He is accordingly appointed Serjt.maj. to the Dinagepore Local Battn., and is to be sent to join without delay.
Case 2.] G. 0. C. C., 11th March 1824. At an European genl. ct.-mar., at Nagpoor, on the 17th Feb. 1824, Mr. Assist. Apothecary Jas. Everard, H. C.'s European regt., was arraigned upon the under: mentioned charges, viz.
Ist. “ For being repeatedly in a state of shameful intoxication, but particularly on the evening of the 10th inst. (Feby).
2d. “ For bleeding private Ward, of the rifle company, European regt., and cutting his arm, in an highly improper manner, on the evening of the 10th inst. (Feby.), whilst in the above state of shameful in. toxication.
• Upon which charges the court came to the following decision : FINDING—“ Guilty." Sentence—“To be dismissed the service." “ Approved and confirmed: (Signed) Evw. Paget,
“ Com. in chief in India.” N. B. See also case 3.
CASE 3.] G. 0. C. C., 25th Aug. 1821. At an European gen. ct.mar., Mr. G. Daly, apothecary, doing duty in the hospital of H. M.'s 8th L. D., was arraigned upon the undermentioned charge, viz.
“ For being drunk in the hospital on the night of the 22d July 1821, and bleeding a patient while in that state, about the hour of half past nine, P. M."
Finding-Guilty. SENTENCE-To be placed at the bottom of the list of assistant apothecaries.
Approved and confirmed: (Signed) HASTINGS.. Case 4.] At a native gen. ct.-mar., at Hoshungabad, in July 1818, Bood,hoo Shootur Suwar, of the Commissariat Departmt., with the Nagpoor Subsidiary Force, confined for criminal breach of trust, in having, on or about the 30th Jan. 1818, made away with, or caused to be made away with, a bag of public money, which had been confided to the charge of him, the said Bood,hoo.
Shoobratee, a chupprassee, in the Commissariat Departmt., with the Nagpoor Subsidiary Force, confined for being an accessary to, or an accomplice of the above Bood, hoo, in the act of making away with, or causing to be made away with, on or about the said 30th day of Jan. 1818, a bag of public money, which had been confided to the charge of the prisoner Bood,hoo.
Finding-Bood, hoo Shootur, Suwar, Guilty.
SENTENCE-Bood, hoo Shootur, Suwar, to receive 900 lashes on his bare back, and in the usual manner.
SENTENCE-Shoobratee, Chupprassee, to receive 700 lashes on his bare back, and in the usual manner. Approved and confirmed: (Signed) HASTINGS. 2 Q3
Case 5.1 G. 0. C. C., 25th Aug. 1821. At a native gen. ct.-mar., assembled at Hoshungabad, Benick, sirdar-bearer, in the service of Brev.maj. B., of the Horse Artil. Brigade, was arraigned on the undermentioned charges, viz.
Ist. “ For having, on the evening of the 17th inst., wantonly, and without the smallest provocation, thrown some water over me, on his being reproved on account of its being dirty, making use at the same time of highly improper language.
2d. “ For having violently assaulted and struck me on the face, on the evening of the 17th inst., when I told him he should be confined in the guard for his riotous conduct."
Hoshungabad, 19th July 1821.
FINDING–Guilty. SENTENCE–To receive 500 lashes, in the usual manner, as such time and place as H. E. the Com. in chief may deem proper.
Approved and confirmed: (Signed) HASTINGS. The punishment awarded is to be inflicted on the prisoner in such proportion, and at such time as the officer comg. the Nerbuddah Field Force may think fit.
SECTION 18.-TROOFS RAISED OR SERVING IN INDEPENDENT Set
Troops raised, or serving in Governments, &c. possessed by Company's
Forces, when acting with Company's Forces, to be governed by these Articles.
Art. 1.] (1). The officers, non-commissd. officers, and soldiers of any troops which are, or shall be raised or serving in govts., dominions, or settlements, or in countries or places in possession of the East-India Company, or occupied by any of their forces, being mustered and in pay, shall at all times, and in all places, when joined, or acting in conjunction with the Company's forces, or under the command of any officer, having a commission immediately from the govt. of any of the presidencies of the said Company, be governed by these rules and arts. of war, and shall be subject to be tried by cts.-mar., in like manner as the officers and soldiers of the regular troops.
1. Explanation.] This article is founded upon sec. lxi, M. A., 4 Geo. IV., cap. 81 (2), which enacts, “ and whereas great mischiefs and inconveniences might arise, if it should be doubted whether troops in
(1) Sec. XXi, art. 1, Ann. Arts. of War,
(2) Sec. cxli, Aon. M. A., 1824.
pay, raised or serving in any of the possessions or territories which are or may be under the govt. of the United Co., or places which are or may be occupied by persons subject to the govt. of the said Co., or by any forces of the said Co., are, while under the command of any officer having a commission immediately from the govt. of any of the presidencies of the said Co., liable to the Rules and Arts. of War, and the same penalties and punishments as the Co.'s other forces are subject to, to prevent such mischief, and remove all doubts, be it declared and enacted, that all officers and soldiers of any troops, being mustered and in pay, which have been, or are, or shall be raised or serving as aforesaid, shall at all times and in all places, be liable to martial law and discipline, and to the same trials, penalties, and punishments, in like manner, to all intents and purposes, as the Co.'s other forces."
There is no difference between this art. and art. 1, sec. xxi, Ann. Arts. of War, 1824, except as to the terms “settlements” in the former being substituted in place of “ colonies,” in the latter, and “ regular troops " in place of “i British forces," " Govt.” in place of “ Us," in the latter; and “the Company's forces,” in place of “ Our British forces.”
The difference between sec. Ixi, M. A., 4 Geo. IV., cap. 81, and sec. cxli, Ann. M. A., 1824, is the term “ Company," in the former, being inserted in place of “ H. M.” in the latter.
The words of the article, “ When joined, or acting in conjunction with the Company's forces," omitted in the M. A., would appear to have been inserted in the article, to provide for contingent circumstances, as such a provision is consonant with the intent of the M. A. The troops in the Company's settlements, such as local corps, are commanded by an officer of the Company's forces; and these local corps are all natives, to whom neither the provisions of the M. A. nor the Arts. of War extend (3).
With respect to H. M.'s colonies, they have colonial legislatures, and frame laws for themselves, which, however, must not be repugnant to the laws of England. They pay their local militia, and, indeed, all the persons who belong to any department. H. M. has troops serving in them; and the intention of this article is, that when such colonial corps are acting in conjunction with H. M.'s British forces, they should be subject to be tried by cts.-mar., in like manner as the officers and soldiers of his own immediate British troops. This is obviously necessary to render the services of the former of any use, for command, to be effectual, must carry with it the power to punish disobedience; the conjunction of the two description of troops alluded to, would be with a view to secure the colonies, in time of war, from the attacks of an external enemy (and the article remains now, in time of peace, the same that it was during the war), and to protect them from internal insurrections, which may endanger their safety; or under any other cir
cumstances (3) Sce No. xiv, p. 17.
cumstances when their conjunction may be deemed necessary, by the governor of the colonies ; for though the colonial legislature may make colonial laws and regns., the governor, who is appointed by the King, must act for the general safety of the colony ; and it becomes his duty to oppose any thing that may endanger their security.
2. Colonies, and the nature of them ; their Laws, and Jurisdiction of their Courts, and Authority of Governors.] “ Besides those adjacent islands (4), our inore distant plantations in America, and elsewhere, are also, in some respect, subject to the English laws. Plantations or colonies, in distant countries, are either such where the lands are claimed by right of occupancy, only by finding them desert and uncultivated, and peopling them from the mother country (5); or where, when already cultivated, they have been either gained by conquest,
or (4) “ Jersey, Guernsey, Sark, Alderney, and their appendages (Man or Sodor). They are not bound by common acts of our parliaments, unless particularly named. All causes are originally determined by their own officers, the bailiffs and jurats of the islands ; but an appeal lies from them to the King in council, in the last resort."
(Blackstone, vol. i, p. 106. See sec. xxi, art. 1, and sec. xxiv, art. 1, Ann. Arts. of War, 1824, relative to capital punishments not being awardable by a ct-mar., except in cases so specified.)
(5) “ When a nation takes possession of a distant country, and settles a colony there, that country, though separated from the principal establishment, or mother country, naturally becomes a part of the state, equally with its ancient possessions. Whenever, therefore, the political laws, or treaties, mnkes no distinction between them, every thing said of the territory of a nation, must also extend to its colonies." (Vattel on the Law of Nations, B. 1, Chap. xviii, sec, ccx, p. 101.) This involves a very important question. Though the mother country may, for many years to come, possess agricultural resources to support its increasing population (and which is unquestionably the case with regard to England at this present moment), still we perceive the rising generation cannot find employment, in proportion to the ratio of increase. The increase of population is proceeding by a geometrical ratio, and the means of providing employment according to an arithmetical ratio of increase. “ The rate according to which the productions of the earth may be supposed to increase, it will not be so easy to determine. Of this, however, we may be perfectly certain, that the ratio of their increase must be totally of a different nature from the ratio of the increase of population. A 1,000,000,000 are just as easily doubled every 25 years, by the power of population, as 1,000. But the food to support the increase or the greater number will by no means be obtained with the same facility." (Malthus on Population, vol. i, p. 9.)
We are accordingly emigrating to foreign lands and colonizing; and in proportion as we increase this system, does the importance of the colonial system rise, and with it the regns, for the military force, which must be maintained to protect them, in time of war in particular. According to Dr. Smith, “In every nation the men of the military age are supposed to amount to about a fourth or fifth part of the whole body of the people"-(vol. iii, p. 48); but, “among the civilized nations of modern Europe, it is commonly commuted, that no more than 1-100th part of the inhabitants of a country can be employed as soldiers, without ruin to the country, which pays the expence of their service."-(vol. ii, p. 52.)
It will be a question at some distant period, whether it will be advisable that there should be any colonial or local troops, or whether they shall not all be regular troops of the line