In this instance the court could not be blind to the magnitude of the transgression; and the extenuation was null. When the prisoner admitted the "imprudence and impropriety" of the step he had taken, he expressed no contrition; so that his sense of error appears to have extended merely to the consequences of which he supposed himself to be in peril. He simply accounts for the intemperance of his language by saying, that he had written under the impulse of an irritated spirit-an excuse inadmissible in itself; while he defeats even that plea, by distinctly maintaining the principle on which he acted, in a manner that aggravates the original offence. It is with pain the Com. in chief of all the forces in India promulgates these remarks. He would, however, deem himself essentially wanting in the discharge of his duty, did he not seek to counteract the dangerous encouragement in insubordination which the sentence in question would afford, were not its correctness thus exposed. Lieut.col. R. is to be freed from arrest, and the gen. ct.mar. is to be dissolved. Penalty of Mutiny. ART. 3.] Any officer, non-com. officer, or soldier, who shall begin, excite, cause, or join in any mutiny or sedition, in the regt. troop, or company to which he belongs, or in any other regt. troop, or company, either of our land or marine forces, or in any party, post, detachment or guard, on any pretence whatsoever, shall suffer death, or such other punishment as by a genl. ct. mar. shall be awarded. 66 1. General definition of the Crime.] The article does not specify what the offence of mutiny is, otherwise than it is described to be of a Jike nature or synonymous with sedition (11). 'Mutiny, is not a rebelling or rising only against a lawful authority; or an insurrection of soldiers to effect a purpose of their own, however otherwise lawful, by their own means; or a conspiring together to bring about any end; or debating or consulting together on any subject of discontent, arising out of a military measure, arrangement, or command, with a view to the contravention of it, but a murmuring or muttering, even against the exercise of authority, or about real or fancied grievances, in the hearing of the soldiery, to raise, or having a tendency to raise, ill-humours or passions, and to stir up disquiet or sedition in the army" (12). " It is not, therefore, necessarily an aggregate offence, committed by many individuals; for in the above instance, it may originate and conclude with a single person (13). And be as complete with one actor in it, as one thousand" (14). "As Mutiny is the most dangerous crime that can be conceived in the military state, so the most anxious caution has been exhibited, both in the article under consideration, and in the 4th & 5th articles of this (11) Samuel on M. A. and Arts. of War, p. 249. this section, and also in positive orders circulated throughout the army, to prevent the occurrence of it; first by prescribing a ready, easy, and well known course (15) to soldiers, for the redress of their public grievances or private injuries, out of which the crime generally springs ; and next, by forbidding practices, which, if tolerated, might have a tendency to produce the offence." (16) "It is not uncommon, when one alone is implicated in an offence of this nature, to describe the act, or acts, in which the offence is supposed to be committed, as one or so many instances of mutinous conduct" (17), when the act or acts are committed under circumstances which do not involve others in the crime, and when they are not attended with those fatal consequences which result from an act of mutiny in which many join; but it is necessary to check the first appearance of mutiny, as, otherwise, those who are orderly and well behaved may, by the force of example, be induced to resist authority, if they perceive they can do so with impunity. Upon this principle, an act of mutiny committed by an officer is more likely to be attended with fatal consequences than were it committed by a N. C. O. or a soldier, and in proportion to the rank of the party is the effect likely to be injurious to the interests and discipline of a regt. ; and what is permitted to pass unnoticed in one regt. may in time extend its influence to the whole army. (See cases 1, 3, 4, 5 & 7.) If it were possible to consider an act of mutiny as a crime of a higher magnitude in one situation more than another, it would be in time of war, or under those circumstances wherein the govt. places reliance upon a particular regt. &c. for the execution of a particular duty; the capture of a place by an expedition, or the like. The article admits of no pretence or excuse whatsoever in palliation of the crime. The govt. is attentive to the interest, and is studious in its care to provide for the comforts of its soldiers (18), who receive pay, are clothed and fed, have medical attendance when sick, and regt. schools have been established to give them the benefit of instruction as is enjoyed by their fellow citizens (19). An allowance is made for their wives and children; on their death their widows are provided for; and their children have an asylum (20) where they are instructed, when young, and by which they are apprenticed, when of a proper age, to different trades; so that as much is done for them as if their parents had been in a civil capacity, if not much more. It may be difficult to trace the causes which may have produced an act of mutiny in any regt., and could it be done it would be imprudent to give any particular instance -the (15) See art. 2., sec. x., Arts. of War. Redressing Wrongs. (18) The judges and magistrates in Bengal are directed by govt. to hear the causes in which soldiers are interested before all others. (19) Books have been sent out by the Hon. Ct. of Dirs., for the purpose of estabdesting permanent soldiers' libraries, at the principal European stations. Ft. Win., &O. G. G. C, 21st March, 1823. (50) Lower Orphan schools, Calcutta, &c. -the subject can only be treated in a general way. An act of mutiny, or even discontent, cannot be supposed to arise without some cause, and therefore it appears important to consider what may produce such cause. Soldiers, if allowed to act without the controul of authority, will speedily feel that they may act as they please, and those unused to obey will, if not checked in time, spurn at command. The grand aim in military regns. is to insure unity of action, and uniformity in the detail of any plan or operation, or in any measure relative to discipline, or the interior economy of regts, and not only uniformity as to system, but to adopt such a system as is most simple, and is with the greatest facility to be carried into execution-the plan originates with the superior controuling power, and an exact obedience becomes necessary, not only from those to whom the execution is delegated, but equally from all under the command of such executive officer. In executing the commands of a superior authority, not only is the letter but the spirit of an order and regn. to be considered, in carrying it into execution. An exact discipline is required; but undue severity is not to be used in obtaining such end. Harshness of conduct, equally towards the wellbehaved and ill-conducted soldiers, may occasion discontent on the part of the former, when proper indulgences will confirm the one in their good behaviour, and firmness and impartial justice may reclaim the latter. The due and fair apportionment of duty to each individual (21); attention to complaints (22) in proper time; granting the indulgence of leave of absence in turn; the regular issue of pay, clothing, &c.; the keeping up the discipline of a regt. without severity; attention to the goodness of the provisions served out to the men; reporting to superior authority any deficiency or badness in the quality of whatever articles are served out, and requiring those comg., &c. companies to be attentive to these particulars, and to make timely reports on the subject, and suggesting to superior authority any thing for the health, comfort or advantage of the soldier; the promotion of proper amusements and recreations, and the like, cannot fail to insure willing obedience, and to keep all together in perfect harmony. Who shall begin any Mutiny or Sedition.] The act of beginning any mutiny is an overt act, and the direct employment of force against authority, as described in case 1, by an officer " putting himself at the head of his regt., and seizing, &c. the person of his superior officer." The party so acting becomes a ringleader, and, as in cases of high treason, the greatest severity of the law should be inflicted. The act is positive, its consequences may depend upon circumstances for which the original mover is answerable; or it may be, as described in case 2, by a private soldier "entering the quarters of his superior officer, and discharging at him a pistol, &c. loaded with ball," or by offering him any personal violence; for, though not in the execution of his duty, (21) Art. 6, sec. xii., Arts. of War. "None to be excused from duty, but in cases of sickness, disability, or leave of absence." (22) Art. 2, sec. x., Arts, of War. Redressing Wrongs. duty, an act such as is above set forth (case 2), is mutiny to all intents and purposes, and not simply riotous or disorderly conduct; since there can be no obedience exacted from those who lift up their arm against, or offer any personal violence to, their superior officer. Words may be only mutinous conduct, but they amount to positive mutiny when accompanied with a threat, to shoot or take away the life of a superior officer. 3. Excite to any Mutiny or Sedition.] The exciting to any mutiny or sedition (23), though it may not ensure the completion of the act intended, is still an act of mutiny, as, by an officer "using endeavours to stir up and excite the troops under his command, to join in a mutiny and sedition against the existing govt.," as in case 3; or, " by endeavouring by words and gestures to excite the men of a regt. to mutiny," as in case 4; or quitting the ranks to prevent the execution of the sentence of a ct.-mar., as in note to case 4; or by using expressions to dissuade men from doing a duty they are ordered to perform," as in case 5; or to" instigate or encourage men to refuse to march," as in case 6: or it may be committed by any act or words which shall impress upon the minds of soldiers a disregard to their interests, by those in authority over them, or by language tending to set them against legitimate authority. 66 4. Cause any Mutiny or Sedition.] The conspiring with others and holding meetings for the purpose of agitating the propriety or impropriety of the measures of their superiors, must always have a tendency to cause mutiny and discontent among soldiers; but when officers, &c. meet for the purpose of " planning measures for the subversion of the legal authorities of the state, and to murder their superior officers," it becomes a positive act of mutiny of the worst description; because its influence is extended, it is impossible to say where it may terminate, and deserves the punishment of death (see case 7). Mutiny may be caused in a variety of ways-by acts of injustice or oppression, and inattention to just complaints. 5. Join in any Mutiny or Sedition.] Where soldiers join, aid, and abet in any general mutinous and seditious conduct of a regt., a severe example is made of those who are the principal actors, and all concerned are severely punished (See case 8). All who join in the crime become principals. 6. Mutinous or disorderly Conduct.] Soldiers who murmur at authority or mutter words on being commanded to do any legal act, and do not stir to obey, act in a mutinous manner. Disorderly conduct, if not checked with promptitude, will rise to mutinous conduct, and in the end may become positive mutiny. The magnitude of the crime may depend upon the extent of its influence. The cases of mutinous conduct are not usually visited with the highest penalty prescribed by the (23) The 37th Geo III., c. 70, declares it a felony in any person, without benefit of clergy, "who shall maliciously and advisedly endeavour to seduce any person serving in H M.'s service, by sea or land, from his duty and allegiance; or to incite any person to commit any act of muting, or mutinous practice." the art. (see case 6); but there are cases wherein mutinous and seditious conduct deserves the punishment of death, as joining, aiding, and abetting in the mutinous and seditious conduct and proceedings of a regt. (See case 8.) The art. does not describe what constitutes mutiny, beyond using the words "Who shall begin, excite, cause, or join in any mutiny or sedition," leaving to a gen. ct.-mar. to determine, according to the nature of the offence, what punishment, extending even to death, they may deem it to deserve. 7. Charges.] See forms 39 and 40, Chap. I. That A. B. did, at ———————, on begin, excite, cause, or join, in a mutiny or sedition (as may be, insert particulars), the same being in breach of the Arts. of War, &c. 8. Evidence.] Nos. 1 and 2, as at Chap. III, sec. ii., art. 1. 3. Prove the existence of the mutiny. 4. Prove that the prisoner did begin, excite, cause, or join in the said mutiny. One witness would be sufficient. 9. Punishment,] Death, or such other punishment. (See the 1st sec. M. A. See cases 1 to 8 of this art., and Punishment at Chap. XXIV. If by a gen. regtl. ct.-mar., see Warrant, sec. xiv, art. 14.) CASES. Beginning, exciting, and causing a mutiny, by putting himself at the head of his regt., and seizing, &c. the person of his superior officer, case 1. Entering the quarters of his superior officer, and discharging at him a pistol loaded with ball, case 2. Using endeavours to stir up and excite the troops under his command, to join in a mutiny and sedition against the govt., case 3. Endeavouring by words and gestures to excite the men of the regt. to mutiny, case 4. Quitting the ranks, to prevent the execution of the sentence of a ct.-mar, note to case 4. Using expressions to dissuade men from doing a duty they are ordered to perform, case 5. Instigating and encouraging men to refuse to march, case 6. Meeting for the purpose of planning measures for the subversion of the legal authorities of the state, and to murder their superior officers, case 7. Joining, aiding, and abetting in the mutinous and seditious conduct and proceedings of a regt., case 8. CASE 1.] G. O. H. G. 2d July 1811.-At a gen. ct.-mar., Lieut.col. G. J. maj. of the 102d regt., was arraigned upon the undermentioned charges, viz.: "That Lieut.col. G. J., Maj. as aforesaid, did, on or about the 26th day of Jan., 1808, at Sydney, in the colony of N. S. Wales, begin, excite, cause, and join in a mutiny, by putting himself at the head of the N. S. W. corps, then under his command, and doing duty in the colony, and seizing and causing to be seized and arrested, and imprisoning, and causing to be imprisoned, by means of the abovementioned |