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on the evening of the 9th inst. on or about half past 5 o'Clock P. M.” -Chowringhee, Calcutta, 9th Oct. 1820.

FINDING-Guilty (except of the words in italics). SENTENCE—To be discharged the service.

Approved, (Signed) HASTINGS. REMARKS by H. E. the Most Noble the Com. in chief. “ The court has solicited lenity towards Capt. B., on account of his length of service and his wounds, as well as from the circumstance that he committed the outrage under feelings violently irritated through false representations.

“ The Com. in chief gives full weight to the recommendation of the court, which is strengthened by his own consideration of the gallantry shown by Capt. B. on service: but he could not reconcile it to himself, to remit the penalty of the sentence (which he hereby does), without pointedly censuring the vindication attempted by Capt. B, Instead of resting on the natural and true extenuation of his conduct, that officer has made his defence the vehicle for gross imputations on the rev. gentleman, whom he is pronounced by the court, to have brutally ill-treated. Those charges, extravagant in themselves, were supported by the testimony of witnesses, the two principal of which deposed positively to their having been present at the transaction, and who were proved satisfactorily to the court, not to have been near the place. The adduction of such witnesses to maintain an incorrect endeavour, is a substantive transgression, established on the proceedings of the court, which the Com. in chief thus marks with strong reprehension."

CHAPTER III.

Section 2.-Mutiny.

Penalty of speaking traitorous or disrespectful Words against the King,

or any of the Royal Family. Art. 1.] Whatsoever officer, non.-com. officer, or soldier, shall presume to use traitorous or disrespectful words against our royal person, or any of our royal family, if a com. officer, shall, upon a conviction thereof before a gen. court-mar, be cashiered; if a non-com. officer or soldier, he shall suffer such punishment as by the sentence of a gen. or regl. ct.-mar. (1) shall be awarded. 1. As to traitorous Words.) “If a man curse or damn the king, wish

him (1) As the importance of the case may require. A gen. regl. ct-mar, may be assembled in H. M.'s service.-(See warrant, at sec. xiv., art. 14.)

thing that

Sec. II. Art. 1. Mutiny Traitorous or [CHAP. evening of the 9th inst. on or about half past 5 o'clock P. M." wringhee, Calcutta, 9th Oct. 1820. DING-Guilty (except of the words in italics). SENTENCE–To charged the service.

Approved, (Signed) Hastings. MARKS by H. E. the Most Noble the Com. in chief. “ The

has solicited lenity towards Capt. B., on account of his length vice and his wounds, as well as from the circumstance that he hitted the outrage under feelings violently irritated through false sentations. The Com. in chief gives full weight to the recommendation of the

which is strengthened by his own consideration of the gallantry

n by Capt. B. on service: but he could not reconcile it to himto remit the penalty of the sentence (which he hereby does), ut pointedly censuring the vindication attempted by Capt B. ad of resting on the natural and true extenuation of his conduct, officer has made his defence the vehicle for gross imputations on V. gentleman, whom he is pronounced by the court, to have

Those charges, extravagant in themselves supported by the testimony of witnesses, the two principal of

deposed positively to their having been present at the transacand who were proved satisfactorily to the court, not to have been the place. The adduction of such witnesses to maintain an init endeavour, is a substantive transgression, established on the

lly ill-treated.

11.) Disrespectful Words against King, &c.

61 him ill, give out scandalous stories concerning him, or do or say any

may lessen him in the esteem of his subjects, may weaken. his govt., or may raise jealousies between him and his people; or if he deny the king's right to the throne, in common and unadvised discourse (for if it be by advisedly speaking, it amounts to præmunire (2): all these are sedition" (3), See the 3d charge in case No. 1. With regard to high treason it does not apply to this article, there the punishment is death, here it is discretionary.

2. As to disrespectful Words.) “Words, whether written or spoken, used by way of argument on any subject, which may incidentally call in question any particular exercise of the royal prerogative, or discretion, come within the meaning of this article. The disrespect towards the office, would seem rather an aggravation than a diminution of the offence against the person exercising the sovereign authority"(4). See case 2. Words may be disrespectful when used or spoken of concerning the king, which if used in respect to another person would not be 80 construed. The king is considered, by the constitution, to be not only incapable of doing wrong, but even of thinking wrong (5). The king is at the head of the army, and therefore, disrespect may be offered to him either in his civil or military capacity ; and any insinuation or word to his prejudice or disadvantage is an offence contemplated by this article. There are omissions also which are disrespectful, such as wanting in that respect to the sovereign when abroad, which is due to him from all his subjects in general, but more particularly from those in his immediate pay. And acts, or gestures may be considered as comprehended in the term disrespectful (See art. 1, sec. vii.)

3. As to Words.) If the words be spoken, their import and meaning cannot be doubtful as applied to the sovereign, and if they are contained in any writing, the context will explain the meaning of any particular word. Inuendoes, ironical expressions, asterisms, initial letters may, in connexion with other words, be explained. "Ironical expressions will describe and express the intention of the writer or speaker, as clearly and plainly as direct ones, whether they do so or not, where they are ironical or figurative, depends upon your consideration, from the circumstances of the case, and the evidence that is laid before you. If there are asterisms, initial letters, or terminations, they may throw Do disguise on the meaning; if they do, they disappoint the intention of the writer; nor are courts of justice so precariously formed as to mistake the meaning of what all the rest of the world would understand, and to shut their eyes against that, which is plain to every body else" 6).

4. (2) “ An offence highly criminal, though not capital, and more immediately affecting the king and his govt.”—(Jacob's Law Dic.!

(3) Archbold's Crim Plea., p. 287. (4) Samuel on M. A. and Arts. of War, p. 239. (5) Blackstone, vol, i., p. 246. (6) Speech of Mr. De Grey, Atty. gen. on trial of John Almon, for selling Junius's Letters to the King.-(Howell's St. Tr., vol. xx., p. 824)

dings of the court, which the Com. in chief thus marks with reprehension."

CHAPTER III.

Section 2.-Mutiny.

of speaking traitorous or disrespectful Words against the King

or any of the Royal Family. 1.) WHATSOEVER officer

, non.-com officer, or soldier, shall to use traitorous or disrespectful words against our royal perany of our royal family, if a com. officer, shall, upon a conereof before a gen. court-mar. be cashiered; if a non-com. soldier, he shall suffer such punishment as by the sentence of regl. ct.-mar. (1) shall be awarded. o traitorous Words.] If a man curse or damn the king, wish

portance of the case may require. A gen. regl.ct-mar, may be asema

Sec warrant, at sec. xiv., art. 14.)

4. Charges.] See forms Nos. 39 and 40, chap. I. That A. B. did on -- at use traitorous or disrespectful words (as the case may be), against our Sovereign Lord the King (or C. D. of the Royal Family), viz. (here insert the particular words, or if in writing, set out the whole of the writing), the whole or any part thereof being contrary to his allegiance (7), and in breach of the Arts. of War, &c.

5. Evidence.] 1. See as to limitation of time, M. A., sec. lxxi, chap. I. p. 192. Prove the party to be an officer, comd. or in pay, or soldier, &c. enlisted or in pay (M. A., sec. i. chap. 1, p. 4.), and prove the nature of the office held by the officer prosecuting, or in whose favour the prosecution is instituted, where the case requires, producing his commis., or patent, as govr., &c. 3. Prove the words used by the party, or if in writing, the hand-writing of the party. One witness would be sufficient.

6. Punishment.] An officer shall be cashiered. With regard to N. C. O., and soldiers, it is discretionary. Generally speaking, any words, acts, or writing, tending to vilify or disgrace the King, or any denial of his right to the crown, even in common and unadvised discourse, amounts, at common law, to a inisprision, punishable by fine and corporal punishment (Russell on Crimes and Misdemeanours vol. i, p. 318-19. The punishment is made discretionary by the art. (not extending to life or limb.) See art. 1, sec. xxi. Arts. of War; and punishments at the end of the 24th chap. See cases 1 and 2. If by a gen. regtl. ct.-mar., see Warrant, sec. xiv, art. 14.

Case 1.] G. 0. C. C. 19th Jan. 1816.–At a gen. ct.-mar, private J. Ford, of H. M.'s 34th regt., was arraigned upon the undermentioned charges, viz. (3d charge applicable to this article.)

lst. “ Disorderly and unsoldierlike conduct, in having made use of very abusive and highly disrespectful language towards his Comg. Officer, towards the Act. Adj. of the regt., and towards the pay serjt. of his comp., Serjt. G. Brasher.

2d. “ Mutinous conduct, in threatening to shoot his Comg. Officer, the Act. Adj. of the regt., and Serjt. G. Brasher, the pay serjt. of his comp.

3d. “ Mutiny, in making use of traitorous and disrespectful language towards the King and Constitution, damning the King, the coat he wore, and those that made him wear it; or words to that effect."

FINDING–Guilty. SENTENCE – To suffer six months' solitary confinement.

Which sentence was confirmed by H. E. Lieut.gen. Sir T. Hislop, bart., Com. in chief at Madras ; and upon which occasion H. E. deemed it expedient to make the following observations: “ H. E, the Com. in chief cannot publish the foregoing sentence to

the (7) Oath of Allegiance, 39 Geo. III, cap. 109. Schedule (E). Ann. M. A. 1824, p. 238. “ That I will bear true allegiance to Our Sovereign Lord King George, and that I will, as in my duty bound, defend him in his person, crown, and dignity, against all his enemies.” The Hon. E. I. Co.'s soldiers take the same oath.

11.]

63

Sec.11. Art.1. Traitorous Language ugst. King, &c.[Char.

Charges.] See forms Nos. 39 and 40, chap. I. That A. B. did --- at use traitorous or disrespectful words (as the case may against our Sovereign Lord the King (or C. D. of the Royal Fa), viz. (here insert the particular words, or if in writing, set out whole of the writing), the whole or any part thereof being con

to his allegiance (7), and in breach of the Arts. of War, &c. Cridence.) 1. See as to limitation of time, M. A., sec. lxxi, chap. I. 12. Prove the party to be an officer, comd. or in pay, or soldier, enlisted or in pay (M. A., sec. i. chap. 1, p. 4.), and prove the re of the office held by the officer prosecuting, or in whose favour prosecution is instituted, where the case requires, producing his

mis., or patent, as govr., &c. 3. Prove the words used by the
y, or if in writing, the hand-writing of the party. One witness
ld be sufficient.

Punishment.) An officer shall be cashiered. With regard to 1. O., and soldiers, it is discretionary. Generally speaking, ans $, acts, or writing, tending to vilify or disgrace the King of an ll of his right to the crown, even in common and unadvised disse, amounts, at common law, to a misprision, punishable by fiue corporal punishment (Russell on Crimes and Misdemeanours vol

. in 18-19. The punislıment is made discretionary by the art. (net ading to life or limb.) See art. 1, sec. xxi. Arts

. of War, and shments at the end of the 24th chap. See cases 1 and 2. If by a

Disrespectful Worıls against Prince Regent. the arny, without attaching to it the declaration of his opinion, that the punishment it awards bears little proportion to the heinousness of the crimes of which the prisoner has been found guilty. Death would not have been too severe an atonement for such traitorous and mutinous conduct, devoid as it is of any palliating circumstances. Under this impression, Lieut.gen. Sir T. Hislop has not approved, although he confirms, the sentence. (Signed) T. M.Mahon, Col. Adj.gen."

N.B. Private T. Dunn, 84th regt.. was sentenced to receive 1,000 lashes for the same crime, and abusive language to the regt., G.O.C.C. 30th April 1816.

Case 2.] G. 0. H. G. 30th March 1812. At a gen. ct.-mar., Capt. G. H., of the Wiltshire regt. of militia, was arraigned upon the undermentioned charge, viz.

" For writing and causing to be published a letter to the editor of the Morning Chronicle, dated Gosport, Nov. 30, 1811, containing sundry expressions unbecoming an officer, Jighly disrespectful to H. R. H. the P. R., and tending manifestly to the subversion of mil

. discipline, viz. " To the Editor of the Morning Chronicle, Gosport, Nov. 30, 1811.

Sir ;--Having read in the Courier, and other newspapers, a paragraph signed A. B., containing the P. R.'s opinion on the proceedings of a ct.-mar. on the hon. Capt. B. and Capt. H. of the Wiltshire militia, asserting the former statements given to be partial, I would beg leave, through your paper, to submit a few remarks thereon.

“* In the first place, I think nothing could be more cruel or unjust, at this remote period, than the reviving a subject which must very much affect the friends of the hon. Capt. B., who has so lately paid the debt of nature, more especially as the full sentence was most correctly given, without

any

invidious remarks whatever. " I beg fully to contradict the assertion, that the statement alluded to was partial, the sentence and opinion of the ct., as well as the opinion of H. R. H. the P. R. being given. A. B. appears to have shewn inore zeal for Lieut.col. W. than judgment, in reviving a subject that can so little redound to the credit of Lieut.col. W.; he might have refected that the opinion of the P. R. was only that of an individual opposed to 14 members of the ct., who, after the most careful and accurate investigation of the whole case, were induced to observe, that although there was no positive evidence before the ct. to warrant the conclusion that Lieut.col. W. had been instigated by private pique, or by personal prejudice, yet they were of opinion that he was not actuated solely for the good of the service ; and after having been ordered to revise their proceedings, upon a more mature deliberation, confirmed their former opinion, most justly observing they had the prosecutor's bare assertion alone of the forbearance and kindness which he introduced in the opening of the case, and upon which the P. R., can only have formed his opinion; not one proof or shadow of it appearing to that effect. I am, Sir, your obt. humble servt,

(Signed) 66 An Officer of the Wiltshire Militia."

regtl

. ct.-mar., see Warrant, sec. xiv, art. 14.
15E 1.] G. 0. C. C. 19th Jan. 1816. -At a gen.ct.-mar. private
rd, of H. M.'s 31th regt, was arraigned upon the undermentioned
es, viz. (3d charge applicable to this article.)

Disorderly and unsoldierlike conduct, in having made use di abusive and highly disrespectful language towards his Come i ir, towards the Act. Adj. of the regt., and towards the pas serit. comp., Serjt. G. Brasher. Mutinous conduct, in threatening to shoot his Comg. Oficer, ct. Adj. of the regt., and Serjt. G. Brasher, the pay serjt. of тр.

.

Mutiny, in making use of traitorous and disrespectful language Is the King and Constitution, damning the King, the cont de and those that made him wear it; or words to that effect.DING-Guilty. SENTENCE-To suffer six months' solitary cam nt. Ich sentence was confirmed by H. E. Lieut.gen. Sir T. Hislop, Com. in chief at Madras ; and upon which occasion H. E. I it expedient to make the following observations: . E. the Com. in chief cannot publish the foregoing sentence to

the

+

ath of Allegiance, 39 Geo. III., cap. 109. Schedule (E). Ann. M. A. 189, * That I will bear true allegiance to Our Sorereign Lord King Georges will, as in my duty bound, defend him in his person, crown, and dignit,

The Hon, E. I. Co's soldiers take the same oath,

"

FINDING-Guilty. Sentence-To be dismissed from H. Mis Wiltshire regt. of militia.

In awarding the above sentence, the ct. feel strongly inclined to believe that the prisoner, from intemperate zeal to defend the character of a departed friend and brother officer, was prompted to use the disrespectful expressions alluded to in the charge, without any wilful intention of reflecting on the high authority of H. R. H. the P. R. In consequence of this feeling, therefore, and the evident contrition of the prisoner, and the solemn assertions that his expressions were not intended to convey any thing disrespectful to H. R. H., they humbly recommend him to the most gracious consideration of H. R. H. the P. R.

Approved and confirmed by H. R. H. the P. R. By command: (Signed) H. CALVERT, Adj.gen.

Penalty of Disrespect to the General or Commander in Chief. Art 2.] Any officer, non-com. officer, or soldier, who shall behave himself with contempt or disrespect towards the Gen. or other Com. in chief of the forces, or shall speak words tending to his hurt or dishonor, shall be punished according to the nature of his offence, by the judgment of a gen. ct.-mar.

1. As to Contempt.] An officer or soldier may behave with contempt towards the Gen. or other Com. in chief (8), in various ways, such as by acting in contempt of his authority, as in the case of Capt. S., 20th Bengal N. I., published in G. 0. C. C., 10th Aug. 1822, “ For pertinaciously continuing in a strain of hostility against Capt. M. of the same regt., after the Com. in chief had, upon a careful inquiry into the circumstances, ordered the affair to be set at rest, and the letters on both sides to be withdrawn;" or in any case where the decision of the Com, in chief becomes necessary, and such decision shall be treated with contempt, by acting contrary to the intention of the same, and thus setting his authority at defiance.

2. As to Disrespect.] An officer or soldier may behave with disrespet towards the Gen. or other Com. in chief, by neglecting to pay him the customary salute, when he appears abroad, or passing him unnoticed in a disrespectful manner. Or, if an officer, in a personal interview, should use any disrespectful language, or declare an intention to act in disobedience to his orders, though communicated by another officer.

3. Speaking Words tending to his Hurt or Dishonour.) “It is not necessary that the words, constituting the offence in question, should be such as must hurt or dishonor the Gen. or Com. in chief, actually, or at all events ; it is enough, under the terms of the art., if they have

a ten(8) H. R.H. the Com. in chief is one of the Royal Family, and the case would fall under the 1st. art., 9.v. The master gen. of the ordnance, and all officers commanding any where in chief. The Com. in chief in India, (Bengal,) Madras, Bombay, &c., having a com as such are Comrs, in chief.

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