S^a ^f^^-' IMAGE EVALUATION TEST TARGET (MT-3) A* ^>^ ^"^. -^ ^ 1.0 1.1 UiM2A |25 ■so "^~ H^H mm Mil lit u lAO 2.0 U£ 1.25 |,,.4 1^6 < 6" r- ^ Hiotographic Sciences Corporation ■1>^ <^ k 23 WIST MAIN STRUT WIBSTER.N.Y. UStO (716)S7a-4S03 '^ CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Canadian inttituta for Historical IMicroraproductions / institut Canadian da microraprodiictiona liistoriquas Technical and Bibliographic Notaa/Notes tachniquaa at bibliographiquaa Tha Instituta has attamptad to obtain tha bast original copy availabia for filming. Faaturas of this copy wh without e. Quebec, 9th April, 1856. Co % Donorabk |)o«se of % Commons of ^nglani. L C'ul. CuiMil. lis Petition and Memorial of William Alphoxso Kirk, some- time Lieutenant, and late Paymaster of Her Majesty's 16th Regiment of Foot. I JSPECTFULLY SlIEWETII : That Your Petitioner approaches Your Honorable House with relu^ctance, I solely impelled by the painful conviction lliat lie can look for no redress i\ any other source, and only after having, with the utmost patience, exhaust- every means of representation, anear to Your Honorable House, he was entitled to expect. Your Petitioner is not a "grievance-monger." The Authorities of our intrj', and Your Honorable House, have too many important matters to attend such L.ti.is Jto admit of your being lightly or unnecessarily troubled with every fancied )ng. Your Petitioner wishes it to be understood that he appreciates these cir- istances. He also wishes it to be understood by Y'^our Honorable House t the principle of " order," and that of a proper and due subordination to ;hority in each link of its chain is with him a leadhig mental feature. Strange indeed were it otherwise, seeing that from his very infancy he waa cated tor a Profession of which this Authority is the most vital principle. mge indeed if he were to ignore the traditions of his forefathers and Family, ' have for some generations been in the Military Service of their Country, and have sealed their devotion with their blood ; offering up their Lives on the ir of Military Patriotism. I Your Petitioner will go further, he asserts, and he can best know his own Ings, that this respect for Authority is with him more than a characteristic, an instinct, he could not, if he would, divest himself of it, and it has been ngthened by long years of Service, and observation which have taught him I without it all collective human action would be rendered nugatory, impos- ■r^iiiist aiinilar j ■■;*M I*? This recognition awarded, tliis respect testified, its importance cntir appreciated. Your Honorable House will also comprehend that the Authority which Your Petitioner treats is a rightly constituted one, a sacred trust, nuinlii conscientiously and justly administered, and the higher the respect and <: dicnce chiiined tor it, the more will the necessity be admitted of seowig that is so administered. Could a case be shewn in which this sacred responsibility has been I sight of, in which its well dctined boundaries had been transgressed, and necessary power grossly abused and prostituted, to gratify feelings of persoi dislike and vindictiveness, Your Petitioner doubts not that Your llonom House, the vigilant guardian of the rights of every individual, at whose IJar i actions of the highest Minister and n.ost powerful Functionary, can be prudiK for scrutiny, would hiterpose its protection over the individual suH'eriiig IV its irregular action. That Prolcctiv/i, Y^our Petitioner now invoJccs. He will proceed to shew briefly as may be, that at the hands of the ConnnandiugOnicer of Her Miij< .■• IGth Regiment of Foot, William Cockcll, ICsquire, Lieuteuiitit Colonel, he suflfered gross hijustice, and immense moral and material injury. That if he to complain of his conduct in his Professional capacity, he has to do so > more loudly as an individual. In the former, all the power, (ami how grea it!) he possesses, solely by virtue of that Authority and cupacity, has b fi^, j',,,,^.^,- g Her Ml he I mnnner ndiilotisl ; poison i lis Hulx; )erseveiii ge unbe ore a Co Your ] rt of the aracter ni nnnandin ose serva Your P niation a wosition t ing in his u'ess-ion o -' it, at th tfansceiu st unwan exerted to oppress and crush Your Petitioner, and that when he has found insufficient, he has arbitrarily and deliberately set aside the Regulations Orders of the Service itself, has set ai defiance the express Commands ofi.^ must 1 TiTrirj a •. *_ t.^j^ "i i* i i t i ^ ^ -r*i-.j*i.. ■ mric II ' Appc'iJix. Military Superior, in order to punish him, and concluded a course of hosti by a crowing and flagrant act of injustice, in producing against him Charge a most degrading kind, proved to be uufounded, but urged by him, the William Cockell, with a view to support and sustain a long course of previo luijustifiable conduct, and with the calculated object of ensuring Petitioi material ruin if ho failed, (as he did, thank God,) in securing his condemna to eternal infamy. The accusation, moreover, being so timed as to prevent Your Petitioi respect. e to this, Of!ic(>rs i iiient to erve, tha cer and 'ishment In ordt'i upy the c Memorial on Reinstatement in his Office of Paymaster. Court MartiaL _ Kea Letter of i^^^'^i these allegations are true. Your Petitioner can prove, and will en nppeiulod Paymaster vor to show ; in this lie does not rely solely on his own representation, hc|a,side by pcndix, dated cite the opinions of others, even Lieutenant Colonel Cockell's Military Super rimanded 183S. to bear them out. vii,,r jijjjt It is on such grounds that the interposition of Your Honorable Hon He has sought, as it would be justified. But Your Petitioner could not convey to ' nt Martit Honorable House a full sense of all he has suffered, did he omit to bring for ftaucc cntiitlj mnuiior in wliicli his fodings lins boon trampled on, his sense of self respect le Antliorityiimljilously ontraged, and the arrows of misfortune and adversity barbed with rust, manful*, poison of insuttt*rable insoh'nce from a man, towards wliom his hands were, Inspect and olfl i,,^ subordinate position tied, to whom be couUl make no reply. Who, by f seeing thatl„.rseveriiig eourse of persecution, finally goaded Your Petitioner into lan- ge unbecoming a subordinate, and instantly made this a subject of charge y has been IJbre n Court Martial. ■igressed, ft>idl Your Petitioner has especially to complain of a stretch of power on the ngs of persoii-t ^f the said William Cockell, in assuming to pronounce an opinion on his Vour llonoriiijirjit'ter and position in Society, in opposition to that of the General Officer t whose P>ar immanding in Canada, and entirely setting aside the arbitroment of the Crown can be produ«ogo servants, he, and Your Petitioner were. il suH'erlng lii Your Petitioner conceives that he would have had a right to demur to the niation and expression of any opinion n^garding his character and //owor in Htsition to such Authority ; but, when in ad c Colonel, he . That if he has to do so « and how grea uession of such o}>mion by callmg a ]\Iess Meeting of the Ofhcers to formu- See Appendix . \ ' "" . . . for detftils of e it, at the very time that lour Petitioner's conduct was under mvestigation, tliia trausae- transcends his power of Cominanding Officer, and his conduct assumes a ' • ' st unwarrantable and dangerous aspect; as the admission of such a latitude pacity, has hmUc functions of a Commanding Officer would virtually enslave the man ser- he has found Ig [Jor Jbijcsty and tlie Country, placing his character, honor and reputation ! Regulations i Commands of )urse of hostil t him Charge by him, the he iiirrri/ of his JMIlitary Superiors, — conditions, which if general in the ser- ', must have the result of driving away from it every man baviv; a spark of ' resjject. The Country and Superior Authorities of the Army are •ufliciently (' to this, numerous instances of interference with and censure of Command- Ofllcers in analogous cases could be produced, but Your Petitioner deems it arse of prcvio|^.it.,it to ciie the case of ^h: Battier, of the 10th Hussars, in 1S24, and to jring Petitioi»t>)y^^,^ that the exercise of a similar power on the part of the Commanding his condemna|^.,.i. Jim] Qtiiers of the 10th Hussars, drew down the severest censure and •ishment of the Commander in Chief, His Roval Hii>hness the Duke of York. Your Petitioii Ju order not to swell the general body of this Petition, and unnecessarily lupy the attention of your Hoiu)rable House, Your Petitioner has arranged in e, and will eniipponded Sheet a Statement of points in which the Rules of the Service were sentation, hciaside by the said Lieutenant Colonel AY. Cockell, in which his actions [were ^lilitary Super rimanded, in which his proceedings towards your Petitioner were annulled, ving that his conduct was not that of an impartial Conmianding Officer. He has reason to regret his inability to add thereto the Proceedings of his lot convey to ' nt Martial ; a Fee of £12 beuig required to obtain them from the Office of it to bring for ■'ri 'i onorable Hon 6 Prneecdioffs of Court Mar- tial (ought from the ilouie by P«' titioner, (a** Appendix, No. e) A ppendix, No. 7. I the Judge Advocate General, which your Petitioner is unable to afford, and flicli has f) therefore prays your Honorable House to order their production. Hiam Co Your Petitioner respectfully enquires, why, such facts being proved, the st • means i Lieutenant Colonel William Cockell should be exempt from the responsibili iso of wl incurred by such a series of conduct ? If the facts can be denied or set asii i, Arresl then your Petitioner will be content to accept such issue. But he is convim Jestroy I they cannot hc^ and ho therefore implores the interposition of Your Honoral tliority w House to see him righted. What rendered the conduct complained of by Your Petitioner more intoli ably harassing and oppressive, was the peculiar position at which he stood tain dutei the time, owing to circumstances which he will endeavor to state to Yo lumstanci Honorable House as clearly and as fairly as he can. innocen Your P ly conc( Let Yo ,ir Petitio ing prev wn him 1 »e kept fc Precedent to and concurrent with them were proceedings dictated by 1 itioner Secretary at War, and the War Office, connected with the state of Petitionc Accounts with the Public. From a precedent review of these up to a certain period, viz : the 3( June, 1854, the Secretary at War was led to the conclusion, " that Paymas Kirk's Accounts were in an unsatisfactory condition ; " a further examinat of his Accounts for June Quarter induced him to suppose that the loss of Moi ^^S^ ""'^ to the Public was so imminent as to require Petitioner's " Suspension," wl was accordingly directed and took effect on the 24th November, 1854. examination into the state of his Accounts was also ordered and took place. ' Report of which examination was of such a nature as to lead the Secretary ^ "X " War to direct Your Petitioner's Reinstatement, on the 8th February, 1855. I t^softhei in reference to the conduct of Lieutenant Colonel W. Cockell, your Petitio jiarticularhj calls the attention of Your Honorable House to the cohicideno the dates of this Order, viz : 8th February, of and the time at which it mighi expected to arrive at this Station, viz : somewhere about or before the en , unfriem vith the u ted for tl tering th \y disrcgi sanctity < Painful 1 where the he calls { that Month. And Your Honorable House will take notice that Your Petiticw'^ ^^^^ was placed in Arrest on the ISth February, the same Month, while the for his Reinstatment was expected to be on its way ; and that after the dat the receipt of such Order it was not only complied with, but it was delB'P^^^®" ^ rately set aside and evaded by the production against Your Petitionei ^ convicti Charges of " Scandalous and Infamous Conduct." Your Honorable House will observe that these Charges were produced in exact nicJc of time to inflict on him the greatest pMi;i,t of injury, it will com them with the series of conduct previously exhibited by Lieutenant Col William Cockell, it will consider that the Charges themselves were eventu 2)roved to be groundless. And then it can hardly fail to arrive at the conclu t Martia nel Cock To rever rtain datt eives, anc They we: e, misfort ; he is convin four Honoral afTord, and i^ich has forced itself on the mind of Your Petitioner, that Lieutenant Colonel Uiani Cockell was detcrniiued to arrive at his ruin, " coiitc qui coHtc" by proved, the ^A means if he could, if not, then ho would venture on more hazardous steps, 3 responsibilAse of which Your Petitioner chiefly complains, viz : of degrading Accusa- d or set asidj^, Arrest and Trial, accompanied by every circumstance which could tend estroy Petitioner's self respect, trt which end an unwarrantable stretch of hority was exerted in addition to prevent Oflicers conscious of Your Petition- innocence from associating with him. ler more intoli lich he stoodftuin dates connected with this transaction, a comparison of which and other > state to Yiftumstances, he thinks will make it evident that the whole affair was deliber- y " concocted," and has every appearance of u " Conspiracy," to ruin your itioner. Let Your Honorable House consider what a grievous hardship it was on XY Petitioner to be suddenly caught up after Twenty-Four Year's Service, and ing previously born an honorable Character, testilied to by those whoj had wn him for the Twenty-Four Years, to be arraigned and treated as a Felony ther cxaminatl'^ ^*^P* ^^^ '^''^ Months in this position with a doubtful sentence, which might the loss of MoiP^S^ ^"'" ^^ eternal infamy hanging over him, to be hunted down, left soli- , unfriended and ferociously persecuted, to fight against an adversary invest- ith the Authority of Station, a power which extensive as it was, was too ted for the intensity of the malignity prompthig his oppression, a malignity ced by disregard of monitions of Superiors, by contravention of Orders and 8 of the Service, where they stood in the way of its gratification, and finally, dictated by ;e of Petition d, viz : the 3(j that PaymasI pension," will iber, 1S54. took place. the SccretarAi uary, 1855. p ..x- Btering the dictates of [)rudence, isilencing those of feeling, and contemp- fl * ••/./rM^y *^^^^'^o^**^"'S those of justice, led its possessor to violate morality and ,. , .. -iMsanctity of /r«M, in order to ensure Petitioner's 7 w/«. h 'f tl p en« ^'^^'^^'^^ ^ *^^^^ review may bo, he supports it by pointing to the whole t Y r Petiticw'^ of Lieutenant Colonel Cockell's conduct, by specifying points and instan- 1 "1 the ofr^^®'^® *^^^ Rules of the Service were transgressed to Petitioner's prejudice* ft r the datl^® ^^^^ attention to the pregnant fact of liis measures being reversed or , ., delfrp^^^®^ of by his Superiors on the Canada Station, and finally, he contends I aur Petitioned e produced inl , it will con^ eutenant Col| were eventi at the coucli a conviction of such " animus " is exhibited in the finding of the General Appendix, No. s. rt Martial on the 2nd and 3rd Charges, virtually a censxirc on Lieutenant knel Cockell, and to the actual result of that Court Martial. j I To revert to the Proceedings of the War Office, it is pretty clear that up to JJ^^^^^g^ tain date its measures were tolerably stringent. Your Petitioner humbly leives, and respectfully urges, that they were unnecessarily harsh. JThey were very extreme measures. Still, as they were induced by impru- le, misfortune, perhaps fault on the part of Your Petitioner, (fault which, if 8 M I ^ all circunistnnco.s \v(mc known, would bo l«»ssoiic its injustice was virtually admii by its being taken oil', and the free action of his transaction Presumed. In t having to account for £,\'A) only on his June Accounts through the hands of Regimental Agei:ts, the restriction allected u sum of Kight llnmhcil Pov The Members of Your Honorable House, most of whom are men of busii habits will be at no loss to arrive at the operation of siu'h a mt^asure. T man of the soundest Credit, and most extcuisive means, it would bo injurious ['oinmanc Your Petitioner, it was downright niin. Ilis Credit was at once gone by his Pills drawn on the strength of t! Funds being Dishonored ; and by this proc«'ediug and the concurrent mora jury caused by his Trial by Court ]\IartiaI on unfounded charges, liis posi was made irremediably hopeless, in short, these steps aggravated, and i measure caused, the very circumstances which were afterwards nuide the groi of his " Supercession." Were this particidar measure entirely and strictly warrantable, Voin- titioncr conceives that any loss he might luive incurred thereby should have 1 made good, or compassionately considered in the further proceedings adopt* his case. A oendixNo ■'^"* ^'^^'"' Petitioner alledges, and stoutly maintains that such restrit !*• beyond the sum of i' I oO, due on the June Accounts, was altogether nnjnstij, and contrary to the Regulations of the War Othce itself, in proof of whiclB^^ ^j, jj,^ cites an extract from a War Otlice Letter to him, dated llth October, lSo-j,B^„j ]^^,^.^> refers to one dated :u*'Jnd Novendjer, IS')'), which clearly make out that he wasiMji^^jj-g ^f ^ required to account for any sums to the Public at the Head Quarters ol'pfy j^ ^J^.(^, Regiment, and by paying the same into the Commissariat Chest abroad. JL\y^ ^ |,g .^ Under such circumstances, lie would calndy ask wlusther such a mcasii»od means legal, and if barely brought within the bounds of legality by tlie oxtensive gentlemen almost mysterious power of the IVIinisters of the Crown, in the particfcyy,y j^p, case here instanced, its action can be reconciled with y«A7/cc. Bword, req Further, Your Petitioner has to complain of the concluding proccediiiBoner, in J the War Office. In speaking of all actions prompted by a sense of duty tow t^yigj. ^^ HIS, VIZ. Ilin a vei lU'eil an I These r aiigiuige ingest for no he is j To cont r Petitioi 1 a view ies of hii! 'omnian( Your IF( k was ''o er, he ha.' y thing t lie had ( distracte( ! boldly aJlirms that its possessor can destroy any mans character with i: uity — that it is immoral, and opposed to every dictate of sense or justice Your Petitioner it. much mistaken if Your Honorable House will not n with him that very few Gentlemen would desire to avail themselves of si "privilege," but if they did, they would take care to use it with delicac) scrupulous exactness. Your Honorable House will share in the indignation felt by your Petiti on learning that when his Commanding Oflicer was, at a subsequent period, pelled to produce some of the " privileged" coimnunications he had previ refused, and when too lute for your Petitioner to rei)hj, that his actions had therein commented on in a style of double meaning, incorrect and ungem interpretation, and in some instance, doumright m'mtatcmcnt, extending t( substitution, of different words in the correspondence. I which % The Wa )us as thi 'iiil actio to your I lectcd w e could I From th 1 acquies( 5 degree i Li his F ious to h LMnittod i and, as c ug the ar: hi, as ab( tually stc 11 Your Honorable House will sc-e the inequality of the position in which IV Petitioner was placed when he ailds to this that on the opposite side, :ther from inability to write plain, or from some natural defect of mental stitution, such looseness of composition was observed that it was difficult letimcs to comprehend the sense, not of particular words, or sentences, but of whole Letter itself. Your Honorable House might deem such details triv'utl, but this disappears Ml j'our retitioner assures it, that it is a favt that he was actually placed in rt!st for attaching to a Letter, dated l-5th February, lS-54, its plain and obvious Bning, so for as it could be ascertained, (the Letter itself being defective both piiunuar and sense, having a double meaning attached to it), and that tins k.s/ continued lor air montlis, being the preliminary step to the Trial by at Martial of Petitioner. Your Honorable House will n})precinto the delicacy and danger of a posi- in presence of a man dearly bent on Petitioner's ruin, and the amount of [chful anxiety thereby imposed on him in addition to the cares of the business [ched to his special province of Paymaster. Ill effect the measures of his Commamling Oiriccr, interfered with the proper tormanee of such duty ; to-wit : Your Petitioner had not completed his Final List and Accounts when lie was placed in Arrest, as above stated, and charges Scanilalousand infamous conduct," brought against, liim on groimds, let him ind Your Honorable House, cxt mucous to h'ls Ftihlic Accounts^ in connection which no charge has ever been suslahicd or cvrr jnT/mrd against him. The War Otlice appreciating the peculiarity of a position so strangely ano- Appendix No] 1.2 )us as that of a Commanding Ollicer, getting up an independant course of nul action before the terumation of its own course of proceeding, announ- to}our PclitidiuT, in a Letter dated :}3i'd Jlay, a pause in their proceedings lected with liis case, until the result of Lieutenant Colonel Cockells, new \c could be ascertahied. From the terms of that Letter it might be inferred that a certain (7t7a?/had, acquiesced in, and Your Petitioner complains that in this respect ho was in degree misled by the War Office. I In his Final Pay List, winding up his Public Accounts, Your Petitioner had, [ious to his Arrest, inserted as a debit against the Public a sum of £300, to ?mitted through the Kegimeutal Agents, or to be loilged in their hands in land, as circumstances might have enabled him. He was on the point of com- ing the arrangments to carry this out, when Lieutenant Colonel Cockell, step- in, as above narrated, and the arrangements he had in train here were Itually stopped by the moral injury of the gross Charges brought against ■3 ■.?! 12 Appendii No. li. [ J, t I? Appendix No, IS. it Your Petitioner instantly apprised the War Office (in March, 1855,) M The pi tincthj pointing at the nature of the transaction, and awaited the result of ■ of liis c Court Martial, and in their rej)ly, dated 23rd May, this course is clearly acM cfl'ectut esced in — as no exception is tuTccn to it. Your PoHtioner therefore considers he has just gi'ounds to complain tl Firstly, He luid not literally the time to alter his arrangements with reference the payment of these ^£300, and Scco}uIly, That on the War Office ignoring transaction on the plea of its irregularity in a letter, dated 13th August on they did not formal/ y require Your Petitioner to pay the alleged balance into Commissariat Chest here ; so that in reality, and in fact, Your Petitioner j been deprived of his Office without any ascertained deficiency on his part beBjf is a \ arrived at, without any Charge being sustained against him, and as he conteiMidorod t and humbly hopes Your Honorable House will agree with him, on insuffici gi'ounds. Appendix No. The actual grounds on which Your Petitioner was finally deprived of **• office are stated to be in a Letter, dated 11th October, " that the entry in y final Pay List X300, as a repayment to the Regimental Agents in diminutioi the balance due from you, when no such repayment had been made, and Agent was not in funds belonging to you, constitutes an act of Public DefaiiBm [q^ ^ A dictum to which Your Petitioner respectfully objects as erroneoumroach o fact and principle, as one beyond the power of the War Office to formuli and Your Petitioner firmly asserts, under the correction of those IMemboi Your Honorable House learned in the Law, that the transaction nuule the A^ (orniii text of his removal does not bear the contraction placed on it by the ^ Office, being simply an irrigularity of procedure, and not per sc a default. Appendix No, Admitting for a moment the power of the War Office to deprive \ Petitioner of his office on the above grounds, he alleges that all the clrc stances of his case considered there was good reason for extending to him most favourable construction. His length of service, his continuous ser with the Regiment abroad for Ten Years, the known losses he has sustaincMnd tliis the SeiTicc and the Regiment, and the positive injury and pecuniary loss cam j^ ^^ him by the measures of his Connnanding Officer and the War Office, the h*ioney si lity of Public Accountants to loss from accidental circumstances or other caw compar ought, he respectfully urges, to have had some weight in averting such a «jBoimtry is sion as that come to. ■ will be Your Petitioner humbly conceives that he has great cause to complaiM.eggj|jj.g ^ not being pennitted to revisit his native country after so long an absence, as It tjjg y/^ Years, at a time when his presence in England was so vitally important to Img actua especially as the War Office had notified to him in December, 1S54, that «lly je70( leave would be approved of by the Secretary at War. s the ai Your r t, and h 'iiitmcn Itiing. He refe K taken rofe.ssioi ociini.'ir oils Ren y mas tor Tliose 2)< our Pe I of s'lc-n liau il li( 1 Ollicei of whic of.JCl')/! >ul Yuui 1, and 1 13 xrch, 1855,) the result of is clearly ac The j)iiblic could have sivjained no ujjiiiy by such permission, ws tho du- ot'liis office were iirovj ibr by tlio iippointnient of a Comuiittce, and it ed'ectually guarded against loss by his Securities, being liable for about six B;s the amount of the balance [jcnding. o complain til Your Petitioner has now arrived at the rofuU, vi/. : tlie lo's f)f his appoint- with referenceMt, and here ho has to notice a point of /v7 '/ lnqiortaiur to all holding similar ficc ignoring Biiiitments, and on vvliich it is iudispetisabhj io arrive at some clear under- Jth August oiBcling. balance into Bile refers to tlie fact of liis Ofhct! bciny i:!k;'n fiom liiui without any notice ir Petitioner flg taKen or provision nnide for the scrvici \\v has comph tod iis Paymaster. m his part btBIt is a well understood thing that in ;u'ot'pting t''' iippointnitnt, wliich h d as he conteiBidoi'ed to be of a civil nature, the Ofiicer loses jill prosjioct of ]{o!j;imental m, on insufficiJBrofossional advancement; as a compc nsiUion for wliicli, in the llrst place MV'funiary Emolument is superior to corresponding I'anks, and next, his Y deprived of ■ous Kegimental .Service is allowed to reckon us purt of his previous service the entry in yftymaster. s in dimiuutioiwrhese points are distinctly admittiMl and laid down in tho, Warrants. ;en made, and ■Your I'etitioner alledges that in viitue of these AVarrants he has established if Public DefauBui lor Service as Paymaster, which reckons at IS years, and that it is aposi- 3 as erroneouA roach of faith to turn him adrift al the end of such Service without recog- icc to formuliMi of such Service. That by such proceediug he is placed in a far worse posi- lose Membeimhan if he liad remained a ReginuMital Olllcer ; lor at a period six years prior ion made the He termination of liis Sev\ice in the Kith Reuiment, lie would as a Regi- >n it by the ml Ollicer, according to usauo,haveacfpiired a claim to an Unattached Com- a default. ■ of which the value is ,i!l-'0(). AVhon>as, Your Petitioner has but received to deprive \m of £()70 — the valui^ of a Lieutenancy, conferred on liim in lS-"j4. all the circKut Your Petitioner can go further ; he has nu\nis of estimating the loss Appendix K*. snding to himBi, and he fnids its money value to be considerable ; viz: somewhat over ontinuous ser>). has sustainoMnd this amount, be it remend)ered, is saved to the Public, at rctillnncr^s imiary loss cam. i^ it the wish of that Public, as represented by your Honorable House OiUce, the hlioney should be saved to it in this questionable way ? Is this a time to es or other car* comparisons as to the economical management of Govermcnt Departments? ting such a iflountry is sufficiently commercial in Spirit, too much so Your Petitioner It will be proved by and by, but if the War Oihce is to drive bargains with [SO to complaiBcessities or misfortunes of individuals its servants, let the flict be proclaimed, n absence, ask the Three Bulls indicating the trade be hung out. mportant to lAie actual sum received by Your Petitioner as a compensation, is £670, , 1S54, that Wly £700, but £30 was deducted from this for the passage of his Succea- -l ru\ural>ly on his .\''c<»ii)ms. ifdw. vor r.,nrh lie might suffer he vmmiKI not complain of delay necessitJ by r. £;i;I-.i' and ioiiii.i] proce(Uire — b he delay of which he complains neilhf .• !;r'.T^sar\- not just to hii.i. ; iiilliitted on him an injury whid ii'A'j .. 'if i.( t it be rccolicclcd \\ '. . t ihat year of 1*50-5 was — the time- 1,1 ■!(•. gre;:. \\ .li' in a! icli ih' ('<.>uiitry v>ai ri-yan-cd — the Military Service expaiiiij Onii ■ - •> Kp:f!! i- ''lu" e ' 'hat t! ey \^■e,'.' I m .rally advertized lor— Conscious oft city, :'-. -tjMii ,1 suliliiT, •/.taluiis fur \\, s ivice, far, iiir bi'vond his miserable scciii 'iN. \<'C\\ a i'airloi : III ardciii lor ilic honor, the welfare and fame oil CoiiM iv. \i'\\v Prfiiioiici- had io |';!ss \V( ;,iy IMoiiths, exj»os(>d to insult, audi tuili' I; , dr'n:: hav. rx'iltei' !scd, h( [ht otli Your ions a tin 1. Tl 2. In charac loiibt as ints. 3. Th far Oilict 4. Tl ■slniess. 5. Th luiids. (J. Th; Service! 7. Thi the scat 8. Aim lis Siipe Your J id every iry Aiifli :'hi.-f th, I (Vtiiiii Espcci; f.'iiiiiiig ,"\ h'teiiaiit it r. iVcini tl:at ^'ei'vii'e ."!,,; those glorious toils in which he ^^Bhy of tl ;» d.'aie. His very pr; (iicc, his very subordination to the rcslBoiKir sho ii enjo hav( iiii iiini, hi iiiaiii'iiliy .'^M'liidiig up and defeating ibul accnsiiBonel G. it H'Ui'' d lo his injury lar he for him if instead of beinij order a be l;i .ii.iuiiii oil '^ih February, h':< ! 'lirement had then been accepted would liad h;'r;i pared inncli siiU'crlng. ."iid his mind would not have been tiij to li'.' iii'aniKts; tl) meet the niachinailons for his ruin. Your Petitioner that he I;;'; a /,V,/ io complain, he f'( 1, lie has a right to remind Your J rabl i lun e. and through it his Supei I", ,' ,that in the limits to human cndiMous," coi are t, be u-.wuA tliose of human 'padciir , and that where /?/.s7/fc ends theroH Your P, his c^alac^f ;• of supplicant, when, pointing out the limits which had beenfcl code f 11, aiK |this and pear as in Your J 'iicioii, of 1 15 w. 'is gscd, he sternly demands as an injured man, tlii-t debt duo to justice which he Ight otherwise have entreated as the gift of clemency. Your Petitioner humbly conceives that in tliis fetalement and the explan- lons annexed to it — he has establishod tho following points : — 1. The undoubted hostile "animus" of Lieutenant Colonel Cockell. Points eiU- flishediatluf' ^ , ^ a J i etition. character as a Commanding Oflicer and a (lontleman, and which must raiso ioubt as to his capacity and fitness to Conunand one of Her Majesty's Regi- j bnts. '' 3. That these unauthorised proceedings, together with the measures of the |ar Ofiice have been ruinously injurlons to Your Petitioner. 4. Tluit Y'^our Petitioner has been treated with extreme severity and j rslniess. 5. Tliat Your Petitioner has been deprived of his OfBce on insuflTicient )un(ls. (■>. That admitting their sulliclency, he has not received the compensation Services entitled him to. 7. That Your Petitioner was entitled to niceive some satisfaction and redress the scandalous Charges eruelly and wantonly bronglit against him. 8. And tliat Your Petitioner has not failed to set forth these circumstances iis Superiors, to whom he naturally lo(»ked for redress. Your Petitioner sums up by assuring Your Honorable House that he has ^(1 every exertion to proeure satisfaetiit • through the proper channel ofMi- |iry Aiithority, that he has l)rouglit to ilu; notice of the General Conmianding uliif'f the prineipal points of wliieh lu^ eomplaius — as also to the Major Ge- [al Commanding in Canada (Home). Especially i\w jiic/ tliai when Vour Petitioner was arraigned on Trial for [aining Money on lui/sc rn/i arts, of wliieh be was llnuonihhj Acqiiitlcd, that kutenant Colomd Wm. (^ockell in his capacity of Public Prosecutor should be • c/^^ ^ llty of the very act for wliieh Vour INM it loner stood arraigned, that Your Pe- « — — loner should bring this to the notice of the President of the Court Martial lonel G. Napier, C. P>., and Major (.Jeneral Home, re(picsting permission to Ire it, and that the said Lieultmant Colonel Cockell should be permitted to jtliis and the other acts st>t forth in this Memorial with ait Ire inijuiniti/ will M- )ear as Incredible to Your Honorable House as it is inexplicable to Petitioner. "^ Your Honorable House will find it diflicult to comprehend why the bare SeeApp«niit; p/twM of falsehood should brine; one OlUcer to Trial for " Scandalous and in- [ ''J pus," condtict, and not another. Your Petitioner was not aware till now that there were in the Army one ral code for Lieucnants and another for Liciienant Colonels. m ^^ idix ourt 16 Your Petitioner is in hopes that in the circumstances he has alledged has established fair grounds for the authoritative opinion and interference of Yo' Honorable House. He has during their course repeatedly protested against them, pointing o j at the same time where the Regulations had been infringed to his pnjndii He has shewn that these measures were pursued in the teeth of the Rules of tl Service, in opposition to the orders of Superior Authorities, in contruventi of the prerogative of the Sovereign, and in deli^nce of justice. In the long course of persecution, of pettyand vexatious annoyance, of iii manly insolence, cowardly (because sheltered) insult ; in the midst of attcniptsj calumniate him by private intrigue and Scandal, in the midst of the trial! which his feelings, have been exposed by the unwarrantable conduct cf the ]\[| accidentally filling a position whose duties he discharges unworthily, in the mij of the disertion of Comrades, who cowed by the menaces of a vindictive supoi:! have exliibited a cruel apathy or criminal connivance in his measures of persecutil — Your Petitioner has looked forward with satisfaction to this hour in whicli j as at length enabled to lay before Your Honorable House — the Country and i| Army at large, the Sufferings and "Wrongs he lias sustuiucd, in the confident lui that it will result in obtaining for him satisfaction and redress ; and that hid; duals like William Cockell Esquire, — Lieutenant Colonel in Her Majesty's FJ vice, will be taught that if they possess power and Authority from the Soverij and the Country that power must be rightly, justly and humanely exercised, il that in the ratio of the Authority thus entrusted to them. Your Honorable IIoi will take care that their rcsiyons'.oilki/ shall bo co-extensive, and the greater i\ power commensurate will be your censure^ if they are found to have exceededl abused it. \ U'^C tias alledged rfercnce of Yo| XI, pointing oj his prcjudifl he Rules of n contruvcntij moyance, of iij 3t of attempts ; of the trial! duct cf the Jlj lily, in the micj idictivu supoi j L'sof persecutil lour in whicli i [Country and 13 confident In] and that iiulil r Majesty's H am the Soveii|| y exercised,;! lonorable IIo! the greater "* ave exceeded! /' *i