AN ACCOUNT ORIGIN, PROGRESS, AND CONSEQUENCES, OF THS LATE DISCONTENTS OF THE ARMY ON TH* Madras Establishment. Who can be wise, amaz'd. temp'rate and furious, Loyal and neutral, in a moment ? ....Macbetu. ILontrmt : PRINTED FOR T. CADELL AND W. DAVIES, IN THE STRAND. * 6 8 2 6 1810. G. Sidney, Printer, Northumberland-street, Strand. UB en > DC C EC oe TO THE HONORABLE THE COURT OF DIRECTORS OF THE EAST INDIA COMPANY, THE FOLLOWING PAGES ARE RE PECTFULLY INSCRIBED; IN THE HOPE ^ THAT THE TRUTHS AND OBSERVATIONS ^ CONTAINED IN THEM < MAY AWAKEN THEIR ATTENTION TO THE ALARMING ST ATI OF THEIR INTERESTS IN INDIA, AND INDUCE A POLICY APPLICABLE TO THE Sj CRISIS OF THEIR AFFAIRS. 3 JJ0.1 039 AN ACCOUNT, &c. The whole of theknowledge, which the pub- lic at present possesses, of the late unhappy occurrences on the coast of Coromandel, is derived from a few detached documents, that have been occasionally submitted through the medium of the ordinary news- papers. Some official accounts, in respect to the events themselves, and the causes which produced them, might have been expected from the Court of Directors for the affairs of the East India Company, or the Commissioners of the Board of Con- troul, if it had not been generally known, that authentic information, even on the most important subjects, very rarely finds its way to this country until public interest has abated, or has devised for itself other means of satisfaction. The circumstance is notorious ; the causes of it might be easily developed, if it were our business to inves- tigate them ; but we shall content our- selves, at the present, with barely noticing the fact. It may be supposed, without any affec- tation of charity, that the constituted authorities, immediately named, have not yet received any details from India, explana- tory of recent transactions. A contrary supposition would involve them in the cen- sure of reserving communications to them- selves, which, if disclosed, might remove the anxiety so universally felt at this moment, directly or relatively, in the bosom of every family in the United King- doms. In the absence of official accounts, such private information as may be pro- cured, so that it bear the mark of truth or probability about it, and communicate par- ticulars hitherto unknown, cannot be un- acceptable to those who take an interest in the prosperity of our Indian affairs. It has been our endeavour to select from every accessible source, and to arrange in a con- nected form, the substance of the intelli- gence received by respectable individuals, having relation to the objects under our observation. Whether we have succeeded in our search after materials, or have made a proper use of them, when obtained, must depend on the impression made on the reader by the perusal of the ensuing pages. LETTER I. Madras, \5th June, 1809. Dear Sir, The great discontents which have prevailed in every class of the commu- nity under the Madras Government, during the last twelve months, have, doubtless, produced numerous complaints from indi- viduals in the various departments of society, and these complaints, passing through the several channels, formed by curiosity or private friendship, will necessarily awaken the attention of, and excite considerable interest among, that part of the community, who are connected, either by political, or personal relations, with the individuals immediately concerned. A detailed nar- rative of the whole events would therefore be, to many, highly interesting. When a community are obedient, respectful, and happy, it may be presumed that ability, experience, and virtue, form a part of the characters of those who rule ; but if distrust and dissatisfaction prevail ; if dissensions appear in every branch of the community ; and that the body of Society b 2 is unanimous only in the want of respect to those exercising the administration, it will be, by some, imagined that such admi- nistration is weak, ill-advised, and corrupt. When such appearances exist, an investi- gation of the cause of them becomes inte- resting to every w T ell-wisher of his country ; and it is therefore desirable, that some of those, who have witnessed the w r hole scene, should exhibit a faithful account of the transactions to the public ; in order that posterity may benefit by the information ; and that the advisers, the instigators, and the actors, in those transactions, may obtain a due reward of praise, if the measures be justifiable, or of blame, if they shall be found to be in direct violation of every duty to their God, and to their Country. Leaving to other hands the history of the persecution of the Madras civil servants, and of the bo?ia fide creditors of theNabobof the Car- natic, together with the details of the interfe- rence with the proceedings in the Supreme Court of Judicature, and the secretmission of a civil servant, to collect evidence ; these notes shall be confined to those occurrences, which have borne directly upon the feelings of the military branch of the service, and have produced an agitation in the minds of officers, which cannot be contemplated without the most serious alarm. In order to convey an adequate idea of the measures which have progressively led to the present melancholy crisis, it will be necessary to review the subject from a period anterior to the departure of Lieutenant - general Macdowall from Madras. About March, 1808, Sir G. H. Barlow, Governor . of Madras, formed the intention of abolishing the allowance for camp-equi- page, which had heretofore been supplied on contract by officers commanding native corps. In the adoption of this measure, the opinion of General Macdowall, the Commander in Chief, was not consulted ; but as he was directed by Government to have the necessary orders prepared, Lieut. Colonel Capper, the Adjutant General, in this way, became acquainted with the cir- cumstance. This officer had various oppor- tunities of being acquainted with the general feeling of the army, and he considered, it to be important, that a measure, which would materially affect the respectability of a large portion of the officers, should be introduced under circumstances as little odious as possible. With these sentiments, and with the sanction of the Commander in Chief, he waited on Sir G. Barlow, told him that the proposed measure could not fail .to be highly disagreeable, and as the oncers had recently suffered many serious privations, he urged the expediency of modifying the system in any way that might accomplish the views of economy enter- tained by the Government, and at the same time might avoid doing violence to the feelings of the officers. Sir G. Barlow said, that economy was his only object, and that if equal saving could be produced in any other way, he did not see any objection against its adoption. He gave to Colonel Capper the plan as proposed by Lieutenant Colonel Munro, w T ith instructions to return it with his remarks, in a few days. Colonel Capper accordingly delivered in to Sir George Barlow his remarks, with the original plan, in four days : but orders had already been issued, directing that the regulations should fce framed. The remarks, given in by Colonel Capper, stated generally, that the plan of Lieutenant Colonel Munro had not been submitted to the Military Board, or to any of the staff officers of experience, who might be able to correct any errors that might have crept into the production of an individual. They also noticed, that Lieu- tenant Colonel Munro had insinuated a charge of the most serious nature against the officers who had commanded Native bat- tallions ; for Lieutenant Colonel Munro's plan contains a passage, purporting, that the experience of six years, and an obser- vation of the practical effects of the contract system, suggested the observation, that the contract induced the officers commanding corps to keep back the discipline of their men, in order that they might not be fit for field service ; and that the contract might therefore be more advantageous. The remarks of Lieutenant Colonel Capper further suggested the outline of a plan of reduction, which promised an annual saving of above 1,50,000 pagodas. However, Sir G. Barlow took no notice of the remarks, and the regulations, abolishing the contract, were published. In the course of communication among the officers this subject became one of pri- mary importance, as materially affecting the relative situations of officers command- ing corps, and deeply involving the general s respectability of the service. All the dis- tinctions, which separated the commandant from the subordinate officer, had nearly been removed, and the convulsion among the Natives, in 1806, which was marked by the catastrophe of Veil ore, seemed to require that the situation of the European commandant should be maintained rather more distinctly than before. The loss of that consequence, which attached to the supply of camp equipage, was therefore considered in itself to be degrading, and the discussion of the subject produced several circumstances, that tended to throw an additional degree of odium upon the mode that had been adopted for the abolition of the contract. Among those the fol- lowing were the most prominent. First. That Lieutenant Colonel Munro, an officer of shorter service, and less expe- rience, than any who had been on the gene- ral staff of the Madras army for several years, had procured the Commander in Chief to recommend to Government a plan respecting the chief object of the equip- ment of troops in the field ; which plan was not submitted to the Military Board, by whom all subjects of that description 9 were, according to the orders of the Court of Directors, and the usuage of the service, to be discussed and maturely digested, pre- vious to their coming before Government. This plan was proposed by Lieutenant Colonel Munro, the youngest staff officer, and approved by a Commander in Chief, who had never seen the tents of a corps pitched in India for any other purpose than that of muster; and who, consequently, could not form any judgment of his own. Secondly. That this plan, thus surrep- titiously forwarded, contained an insinuation against the commanding officers of corps in the service> to which Lieutenant Colonel Munro belonged; implying, that the con- duct of some, or all, who had held the contract during the six years, gave cause for the observation, that they were capable of keeping back the discipline of their men, in order to derive a pecuniary benefit. The most attentive consideration of the subject did not produce any argument to prove, that the insinuation was by any means necessary to produce the conclusion which the plan proposed ; or that the infe- rence intended to be drawn, would be the less direct (as suggested by the Judge 10 Advocate General) if a compliment instead of an accusation had been conveyed. The argument would have been equally strong, if it had been stated, (as is the case) that, although the experience of six years of the practical effects of the contract afforded a flattering exception, still the general prin- ciples that controul human actions, render it true in abstract, that, " By granting the 1 allowance in peace and war, for the equip- ' ment of native corps, while the expen- ' ses, incidental to that charge, are una- ' voidably much greater in war than in ' peace, it places the interest and duty of ' officers, commanding native corps, in ' direct opposition to one another. It ' makes it their interest, &c." But this maxim is brought in as an inference, not from general principles, but from an atten- tive observation of the practical effects of the system of contract, and is expressly stated to be one of those discoveries which gave Lieutenant Colonel Munro means of forming a better judgment on the subject, than could be formed in the year 1801-2 by General Stewart or Colonel Agnew. The insinuation does not appear to have crept in through inadvertence ; it is deliberately 11 introduced into the body of a memoir, the composition of which is manifestly studied, and the clandestine manner in which it was transmitted to the higher authorities (never having; been laid before the members of the Military Board, and it having been pur- posely omitted from the records of the office of the Commander in Chiefs Secretary) seemed to corroborate the opinion, that tjie obvious meaning of the insinuation was apparent to its author. Shortly after the promulgation of the order, abolishing the tent contract, Lieu- tenant General Macdowall received letters, from almost all the officers commanding native corps, representing in terms, adapted to the feelings of each, the stigma which was considered to attach to them indivi- dually, seeing that the contract had been abolished for reasons, as set forth in the plan of Lieutenant Colonel Munro, and appealing to the personal experience of the Commander in Chief, and to his authority, for redress against a charge of so serious a nature. To these letters, Lieutenant Gene- ral Macdowall returned replies, purporting, that the discussion of the subject had taken place before he came to the command that 12 the orders on the subject had been prepared without his previous opinion respecting them, and that, as the matter was so far advanced, he deemed it inexpedient to agitate it. This occurred about July or August, and it was then expected that Lieutenant Colonel Munro, if he did not wish the stigma to remain against the officers of the army, would have addressed the Govern- ment, or the Commander in Chief, dis- avowing the intention imputed to his words, and desiring that such disavowal might be published for the satisfaction of those who felt injured. But, on the contrary, no such public disavowal has ever been made, nor was explanation of any kind given, until after charges had been forwarded against Lieutenant Colonel Munro, and after a sense of mutual danger had united in the same interest, not only those who signed the charges, but all who dis- approved of Lieutenant Colonel Munro' s conduct. His usurpation of the duties of every department had occasioned much complaint, and as the Government gave unqualified support to him, and communi- cated only with him, the army gradually confederated together. The officers commanding corps, rinding that no steps were taken to remove the obnoxious insinuations, and considering, that while they remained, an indelible disgrace was cast upon their characters, prepared charges against Lieutenant Colonel Munro, hoping, by a public investigation of the merits of the case, to establish a complete refutation of the stigma cast on them. These charges were forwarded to General Mac- dowall, with a letter ; the charges having been previously signed by a large proportion of officers commanding corps, and the letter by three ; viz. Lieutenant Colonels Sentleger, Rumley, and Martin. The charges were referred to the Judge Advocate General,* who stated objec- tions against the manner and matter of the charges. These objections were, by order of the Commander in Chief, communicated to the officers who had sent in the charges. This opinion of Lieutenant Colonel Leith having been circulated with much industry all over India, it may be proper to examine it. The following remarks will shew, that his assumed principle is perfectly # Lieutenant Colonel Leith. 14 Erroneous, and consequently that his whole argument, both as it regards the law of libel and the impunity of official persons, falls to the ground. The Judge Advocate General states, " the following is under- <( stood to be the offensive passage : " Thirdly, by granting the same allowance " in peace and war, &c." And again he says, " It is to be considered in what capa- " city the words were spoken; they were " given as a general principle for establish- " ing certain laws for the government of a " community." If these sentences, as quoted, were expressive of matter of fact, in short, if they were true, the conclusion which Lieutenant Colonel Leith has drawn would be decisive of the question ; but the fact is otherwise. The offensive part of Lieutenant Colo- nel Munro's paper should be stated thus : ' Six years experience of the practical ' effects of the existing system of the 1 camp equipage equipment of the Native c army, has afforded means of forming a ' judgment relative to its advantages and ' efficiency, which were not possessed by ' the persons who proposed its introduc- 15 " tion, and an attentive examination of its " operation during that period of time, has " suggested the following observations " regarding it. " First, The existing system, &c. " Secondly, That system incurs an ex- " pense, &c. Thirdly, By granting the " same allowance in peace and war for the " equipment of Native corps, while the " expenses, incidental to that charge, are " unavoidably much greater in war than y, the following are extracts: " I have, therefore, no difficulty in " giving a decision on the subject of your " reference, that general orders to the " wjiole of the troops employed under the " Presidency of Fort St. George, should " be distributed from one source only." " The regular authority under which " all military orders should be issued, is " either that of the officer who may be " appointed Commander in Chief by the " Court of Directors, or that of the Go- *' vernment itself, if circumstances should " render it expedient for the Board to *' exercise avowedly the functions of that " officer." " Before I conclude this letter, I must " express my wish that it should be recol- " lected by the civil and military depart- " ments at Madras, that the Adjutant " General of the Company's troops on " that Establishment, cannot, without the " greatest irregularity, (unless, as I have " already mentioned, the functions of the " Commander in Chief should be exercised 26 " by the Board) have any direct commu- " nication with the civil government." In the year 1800, the Commander m Chief at Madras referred to this letter, in a communication which he made to the Adju- tant General, and stated as follows : " By the clear definition, by Marquis " Cornwall is, of the duty of Adjutant " General, he cannot be at liberty to act " officially, but under the immediate orders " of the officer commanding the army in " chief for the time being, who alone is the " instrument by which Government is to " govern and control the army ; much less " can you be at liberty, as Adjutant Gene- " ral, to prepare, or communicate, to any " person, or publish to the army, or any " part of it, any orders, or regulations, for " the better government of the army, &c. " carrying into execution all such intentions " of Government as fall to be attended to, " or executed by officers or soldiers of the " army, which have not been previously " issued to you for such purpose, by the " officer commanding the army in chief." General Macdowall, upon perusing these documents, and reflecting upon the knowledge he had of military affairs, applied 27 the reasoning therein expressed, as equally affecting the situation of Quarter Master General ; he therefore inferred, that Lieu- tenant Colonel Munro's conduct was, in the highest degree, presumptuous and unwar- rantable; but finding that every act of Colonel Munro was supported by the whole authority of the Government, and being desirous, if possible, to avoid any unpleasant crisis, at a period when he expected shortly to take leave of the army, he did not, at the time, resent the misconduct of one of his own staff. This forbearance, on the part of the Commander in Chief, did not prevent the officers of the army from feeling the insults offered to him ; on the contrary, their indignation against the author of those insults was greatly increased. The general orders by Government, dated 31st of January,* and the 1st of Febru- ary, proclaiming the suspension of Colonel Capper and Major Boles, because they had complied with the orders of their Com- mander in Chief, developed the principles upon which the persons holding the supreme authority meant to act towards those who had disapproved of Lieutenant Colonel Munro's conduct ; or, in other words, * Appendix D. 28 towards the principal part of the officers of the Company's army. And, as General Macdowall was gone, the fate of Colonel Martin seemed to be decided ; there being no longer any obstacle to the completion of Colonel Leith's supposed threat. Any injury to Colonel Martin must, under exist- ing circumstances, be considered as an injury to every individual who had con- curred in sentiment with him : and, as might be supposed, this common appre- hension of danger produced a ferment, ex- ceeding any thing that was ever before expe- rienced among the various stations of the army. Indeed, it is rather a matter of surprise, that some act of open violence did not succeed. Few could contemplate the possibility of regular order subsisting, if the same men continued to rule, and the same measures to be pursued. The general orders of Government professed principles that appeared incompatible with the state of discipline that regulated the army. They not only denied the right of trial by their peers to two respectable offi- cers, charged with military crimes, but held forth the protection against trial to another officer, who had been regularly 29 impeached; thereby interrupting the opera- tion of the articles of war, and leaving the commissions of every officer in the Com- pany's army at the disposal of the Judge Advocate General. How far the authors of an instrument, which thus set at defiance the laws of their country, may be actually criminal, will perhaps be a question for the decision of high authority. As a mea- sure of emergency, its expedience, and its justification, must ultimately rest on the result of an impartial examination of the relative situations and conduct of the par- ties concerned. The insinuations conveyed in Govern- ment Orders of 31st January,* against the character of General Macdowall, however serious they may be, do not affect the officers of the army ; neither can they be supposed to have excited any other sentiment than astonishment, accompanied by the hope, that he may be able fully to justify himself, before his King and his Country. But the case of Major Boles, and of Colonel Capper, as stated in the G. O. 1st February, is far different. It may be applicable at some period to every officer in the army, who at all times is amenable to the penalties of # Appendix 1). 30 martial law, for disobedience of any military order, which is not manifestly illegal , and is now declared to be liable to the loss of his commission for obedience, if his imme- diate superior shall chance to be unpopular with power. The only compensation for which is an ex-post-facto opinion, that the order was illegal, in the judgment of Lieu- tenant Colonel Leith, who, as has been fully seen, can, with equal ease, support at the same time a proposition and its inverse, not only by sophistry and argument, but by authorities deduced from the laws of the Romans. Lieutenant Colonel Leith has proved the legality, beyond all appeal, of Lieu- tenant Colonel Munro having, under orders- from Sir John Cradock, falsely traduced the character of a considerable number of respectable officers in the service to which Lieutenant Colonel Munro belongs; although Sir J. Cradock was not exercising the func- tion of command, at the time the circum- stance came to the knowledge of those officers. And the same Colonel Leith has also proved the illegality of Colonel Capper, or Major Boles, having, under the orders of Lieutenant General Macdowall, signed 31 a reprimand to an individual officer, who had insulted his Commander in Chief, although Lieutenant General Macdowall was at that time exercising all the functions of command, and consequently, by the orders of Marquis Cornwallis, (as well as by the law r s of the Romans, quoted by Colonel Leith) neither Colonel Capper, nor Major Boles, could appeal, nor hold any communication with the Civil Government, except through the Commander in Chief; certainly such an undertaking on the part of Colonel Leith merits high reward from those whose purpose it is calculated to answer, but its effect on the officers of the armv is deplorable. It effectually annihilates the idea of right or claim to the possession of a commission, and destroys the foundation of equity and justice, upon which military discipline and subordination depend. The offences, with which Colonel Capper and Major Boles are charged, being expressed in definite terms, every reason- able man can form a judgment respecting them. A passage of the Judge Advocate's opinion on the charges against Colonel Munro, tends strongly to corroborate the 32 sentiments of Earl Cornwallis, respecting the duty of the general staff of a Com- mander in Chief; and as Colonel Leith justly observes, " It is to be considered in " what capacity the words were spoken ; " they were* given as a general principle, " &c." The following are Colonel Leith's words: " The great principle of military " law, as handed dow T n from the most " ancient times, is, let there be no appeal " in military cases ; let the order of the Gene- " ral, who commanded, be taken for just, " and rat fed. Such was the rule of the " Romans, who best understood military " discipline, and this principle we see " adopted in courts of common law." Every person, acquainted with the English language, must, upon reading this quota- tion, form the same opinion of its meaning. There is no equivoque, no abstract reason- ing ; the order of the General, who com- mands, is final, and not liable to appeal by any to whom the execution may be en- trusted. Therefore, the sole responsibility rests with the General, in the Judge Advo- cate General's able opinion. This principle is applied in justification of Lieutenant Colo- nel Munro ; and an inference is drawn* 33 purporting, that the order of Sir John Cra- dock to prepare a certain report, relieves the person, to whom the order was given, from all responsibility with regard to the matter that may be contained in the report. How- ever inconsistent this may be with justice, it may be presumed that, coming from Colonel Leith, it is good law ; and as the principle upon which it is founded is general, and therefore applicable to other cases, simi- lar in their nature and relations to Colonel Munro's, it will serve as a rule by which to examine the conduct of Major Boles and Colonel Capper. Those officers received from Lieutenant General Macdowall, the Commander in Chief, a general order in his own hand writing, accompanied by a letter, directing that the said general order might be circulated in the usual manner, with as little delay as possible, and assigning the prospect of his early departure as his motive for wishing that expedition should be used. This letter, also, was written and signed by the Commander in Chief. The order of the General who commanded, being, according to Colonel Leith, " just and rati- fied," " and without appeal," Colonel Capper and Major Boles, a fortiori, were 34 relieved from all responsibility with regard to the matter that was contained in the order ; or, supposing that Major Boles and Colonel Capper had refused a compliance with an order of the Commander in Chief, thus peremptory in its nature, that they had been placed under arrest, and brought to trial for such disobedience, Colonel Leith, being the Judge Advocate, can there be any doubt that in such a case, the Judge Advo- cate would, by the application of the Jus- tinian Code, the articles of war, and the orders of Marquis Cornwallis, have attached to those officers the guilt of one of the highest cnimes an officer can be accosed of ? and that their punishment would have been, perhaps, more severe than that which, at a former stage of this unhappy dissension, was intended for Colonels Sentleger, Martin, and Rumley ? Assuredly not. Yet has Colonel Leith, Judge Advocate General, given a professional opinion (ex- post- facto) purporting, that the compliance of Major Boles and Colonel Capper, with the peremptory orders of General Macdo wall, was illegal, although General Macdowall was at the time present, and actually exer- cising all the functions of Commander in 35 Chief. If this be law, it is probable that the Romans did not practice such, at the period that they decreed, " Let there be no " appeal in military cases; let the order " of the General, ivho comma?ided, be taken " for just, and ratified" It is more likely to have been their practice when they were hurrying rapidly down the stream of cor- ruption. " Facilis descensus averni." To the plain reason of military men the incon- sistency appears great. The violent agitation, that prevailed throughout the army, on perceiving, by the Government orders of the 31st January, and 1st February, that Commissions were held merely at the caprice of an individual, could not escape the notice of Government. Every principle, which cherishes the honor- able feelings of an officer, was violated. The impossibility of conducting the ordinary duties of the military profession, without the regular advice of counsel, was pro- claimed ; consequently, the rigid coritroul, which should pervade the progressive ranks in the army, was declared to be at an end. And on what account is all this convulsion produced ? Merely for the purpose of extin- guishing, by force, the just indignation, 36 which an army of officers felt towards an individual; who had wantonly insulted their pride, and injured their feelings : and who had, during several years, exercised great talents, in order to promote dissension between the civil and military departments of the Government ; having conducted an animated and continued contest against the Government, during the commands of Gene- rals Stewart and Cradock, for the purpose of extending the prerogatives and patronage of the military commander; and on the succession of Lieutenant General Macdowall to the command, having with admirable address altered the course of his conduct, and denied the right of giving orders to his staff, or being acquainted with the move- ment of troops to General Macdowall, who had witnessed the effects of the unlimited influence of an individual over his prede- cessors, and had therefore imprudently resolved to preserve his independence from that influence. The patience and submissiveness of the officers of the Madras army has ever been proverbial ; but there is a limit, beyond which ill usage and injury cannot be borne. When every right is invaded, and every 37 privilege is denied, an insensibility of wrong only serves to prove, that the oppressed are unworthy to possess either rights or privileges. It cannot, therefore, be surprizing that among men of liberal sen- timents, possessed of feelings highly honor- able, indignation and resentment should be awakened by the cruel and unjustifiable punishment of Col. Capper and Major Boles, as announced in the Government orders of the 31st January, and 1st February, by a review of the events which had progressively led to those orders, and by the prospect of a relentless persecution, the conductors of which were not to be satiated, while one obnoxious victim remained to be immolated. The detention of Colonel Mar- tin shewed that he was marked for their vengeance in the first instance ; however, the unequivocal indications of the general feeling on the subject, rendered it extremely probable, that any violent or arbitrary pro- ceedings towards him would drive matters to the last extremity. The Government were, therefore, induced to suspend the proposed measures against him, and, accord- ingly, directed that Lieutenant ColoneJ Martin should be reimbursed in the sum of star ,'501039 38 pagodas 1,000, for passage money, &c. and that he should be permitted to proceed to England by the first opportunity. Unhappily, however, it was soon per- ceived, that the measure of conciliation, which apparently proceeded from a sense of justice, was not the effect of a dispor sition to tranquillize the ferment that existed, but of a reluctant compliance with necessity. It was accordingly succeeded by rigid pro- ceedings, from which there does not at pre- sent appear to be any immediate prospect of relief; the supreme authority in India having given sanction to them. That this sanction has been obtained through misrepresentation, and misstatement, is evident from a pas- sage in the letter of the supreme Govern- ment, which was circulated on the coast. That passage states, that the officers, who signed the charges against Lieutenant Colonel Munro, had consented to their being withdrawn, than which nothing can be more unfounded. On the contrary, a letter from one of those officers, appealing to the articles of war, against the opinion of the Judge Advocate General, was one of the immediate causes of the arrest of Lieu- 39 tenant Colonel Munro, on the 21st of January. The removal of several officers from their situations at Madras, for which removal no other reason can be assigned, -than their objection to hold any unofficial intercourse with Lieutenant Colonel Munro the removal of battalions from Madras for 'reasons of the same description the means by which Sir John Sinclair procured the situation of Commissary at the Arsenal and various other occurrences which have marked the unhappy interval between the beginning of February and the present eventful period will form subjects for future communications. This one shall be concluded with an earnest prayer, that a consciousness of their own right, and a firm reliance on the justice and equity of their superiors in England, may enable the offi- cers of the Coast army to bear with forti- tude the trial, to which they are exposed, only for a time. Let them reflect, that they have a character already high, and worth preserving by any temporary sacrifice 01 their personal feelings; and that whateva may be the extent of their just indignation against the individuals, who are the iinm< 40 diate instruments of their oppression, duty to their country requires that it should, for the time, be restrained within those limits, beyond which is nothing but crime, anarchy, and confusion. Adieu ! LETTER II. Madras, 2Qth Jane, 1809. Dear Sir, As the narrative addressed to you is intended to convey a simple and correct view of the whole of the circum- stances which have conduced to bring the public affairs of this Government to the critical predicament that they are now in, it will be proper, not only that the various events should be detailed in the order in which they occurred, but that the connection between them should be distinctly shewn, as well as the effect which they produced on the public mind. The transactions of any given period, during this unhappy dissension, cannot^ with propriety, be considered, of . them- selves, to possess any particular character or feature. No correct judgment can be 41 formed respecting them, unless they be combined with the circumstances in which the parties concerned were placed ; because from those circumstances alone were they produced, and to them alone were they applicable. From what has been detailed, in the preceding letter, it will be perceived, that a considerable degree of animosity subsisted in the beginning of February. Lieutenant Colonel Munro either had (or was supposed to have) falsely traduced the characters of the officers commanding Native corps in the honourable Company's service; and, although his insinuations did not immediately affect the other officers, it was well known that an acute sense of injury was felt by almost every officer of every rank. Even supposing the relative situation of the army in the State to be very low, still the profession is deemed honourable, and officers are usually treated as gentlemen. It might, therefore, be reasonably supposed, that some conside- ration would be shewn towards the feelings of those who supposed themselves to be falsely calumniated ; and, as Lieutenant Colonel Munro had not, during six months, disavowed the calumny, that Government would not have interrupted a public inves- 42 ligation of the subject, without, at the same time, giving some kind of explanation to satisfy the officers of the army, that the insinuation, conveyed in Lieutenant Colonel Munro's paper, was not considered to be applicable to them. No such explanation, however, was given ; and the officers of the army naturally drew the conclusion, that no consideration of the claim on the justice of Government, which they considered them- selves to possess equally with Colonel Munro, would be allowed to interfere with the full execution of the threat, " That " Government would, in the most decided " manner, evince their marked displeasure " against all, who had adopted the unfavour- " able impressions respecting Lieutenant il Colonel Munro." They saw this disposition manifest itself in the extraordinary, and unprecedented, order, which directed the Hon. Lieutenant Colonel Sentleger to remain at Trichinopoly, while his regiment was sent on service, in the detention of Lieutenant Colonel Martin, only a few hours before the sailing of his ship, and in the suspension of Major Boles and Colonel Capper, they saw the complete removal of the only bar- rier which could protect them against the 43 vengeance of lieutenant Colonel Munro. The possession of a commission became altogether nugatory, if it were liable to be annulled without enquiry, or investigation of any sort ; and if the acts annulling it, could be justified by laws framed, (tw-post- facto) and by subtle arguments, or meta- physical disquisitions, which, however well they may be calculated for the display of the professional talents of a lawyer, cannot be considered as applicable to practical military law ; which most of all requires to be simple and unembarrassed by obscure or ambiguous phraseology. No man, educated in the military pro- fession, and looking to its laws alone, as the standard by which his conduct and prin- ciples were to be regulated, could be capable of defending his honor, his life, or his com- mission, against the sophistry which has proved, to the satisfaction of the superior authorities in India, that Lieutenant Colonel Munro, as principal in his office, was not responsible for the matter contained in a paper, drawn up by himself; and which sophistry has, at the same time, proved, that Major Boles, a deputy in office, was responsible for the matter contained in a 44 paper drawn up by the Commander in Chief, and transmitted to Major Boles through his immediate principal. Notwithstanding the pertinacity with which the culpability of Major Boles is maintained in all public edicts of the govern- ment, and of the present Commander in Chief of the army, there is much reason to suppose that the arguments of Lieutenant Colonel Leith, and of those who advised the extreme exercise of power in the case of Major Boles, have not produced that clear conviction which just reasoning usually does. It seems rather probable, that a con- sciousness of the flagrant injusticje of a measure, which had been hastily adopted, through the influence of passion and preju- dice, occasioned to its authors a species of remorse, which, although it did not dictate a magnanimous requital for the injury, would have assented to a sort of compro- mise. It would otherwise be difficult indeed to account for a very extraordinary inter- view, which took place on the 2d of February, at Major Boles' s, between that gentleman and a member of the council, composing the government of Madras. The purport of which may be tolerably well 45 ascertained from notes, which, on the 3rd of February, passed between the former and a third person. From them it appears, that the writer expressed great concern for the distresses to which Major Boles and his family would be exposed by the loss of his commission ; and lamented, that his utter ruin must follow the representations which the Madras Government would make to Europe, and that, having a great friendship for Major Boles, he was desirous to avert the evil, and would undertake to become a mediator with Sir G. Barlow, having reason to entertain sanguine hopes of being able to effect the restoration of Major Boles to the service, and to his official situation, if he would make an apology for having signed the order of the Commander in Chief; the member of council at the same time posi- tively affirming, that his interference w r as entirely unknown to any member of the Government. Major Boles declined comply- ing with the proposed terms, as Sir G. Bar- low had, without any enquiry whatsoever, punished him for an act, any objection to which on his part would have merited death by the articles of war ; lie considered it to be impossible, as it would be useless, to 46' make any appeal to that authority. That, unless the Governor would allow him an opportunity of justifying himself, he could not possibly originate any appeal to him against an act of his own, and it must ever be impossible for him to offer an apology for compliance with a peremptory order of the Commander in Chief. Such an act would be a direct violation of the articles of war, as established by law ; and it would be derogatory to the character of the Honour- able the Court of Directors, to whose equity and justice he confidently looked for relief, against the distresses which his sus- pension had produced to him, already in debt, and having a family to support. It may be proper here to mention another manifestation of that species of remorse, which has been mentioned above. On the 29th of January, not many hours after the leave of Lieutenant Colonel Martin had been withdrawn by Government, that officer was called upon by the Judge Advo- cate General, who told him that the Govern- ment w r ere very much incensed at the hostile disposition, which many officers had mani- fested towards Lieutenant Colonel Munro, whom they were determined to support, and 4/ to punish those who persisted in their oppo- sition to him. That with this view Colonel Martin had been detained, and he might expect to feel the effects of their high dis- pleasure, unless he would apologize for hav- ing signed and forwarded the charges, and merely say that he was sorry for the part he had taken in the affair. In which case the Judge Advocate General promised him, that the proceedings against him should be quashed, and he should immediately have leave to proceed on the ships which were expected to sail that night. This proposal, as may be supposed, was received by Lieutenant Colo- nel Martin with scorn and contempt ; con- scious that no improper action or motive- could be imputed to him, he despised the malice, and defied the perversion, and abuse. of power, of which he knew the advisers of the Government to be capable, confiding in the equity of trial, and the justice of the laws of his profession and his country. The presence of General M'Dowal and other causes had hitherto imposed considerable restraint upon the disposition which existed, to bear down and utterly annihilate those grand protectors of the rights of everv British soldier and subject. 48 Incidents, in themselves trifling, at this period acquired great importance, every where under the Madras Government, but particularly at the presidency. The total disregard to all claims, arising from considera- tions of equity or justice, and a cold, unfeel- ing perseverance in measures suggested by a set of men, who were guided only by their own interests, or by prejudice, produced, not only among the Military, but in every depart- ment of the community, a species of sullen discontent, and despair, which refused all* but the outward forms of respect to the person, or character of the governor ; and so universal was this sentiment, that the unhappy state of society became a gene- ral topic. Men, whose pursuits and views in life were totally different, felt a mutual sympathy. The gentlemen in the civil service, and those not in the company's employ, felt their grievances to be without the hope of redress ; as the system which oppressed them had, by violating the rights, and disregarding the laws of the Military profession, removed the barrier which at once restrains and protects that class of men, in whose hands the physical force of the state rests ; and in whom therefore it is most 49 impolitic to drive into self-preserving unanimity, by affording just cause for com- plaint and discontent among them ; and the Military, seeing that the determined system of the Government, while it annulled the laws of their profession, also deprived their fellow subjects of their civil rights, could no longer hesitate to become unanimous in execrating the injudicious policy from whence it aros'e'. The measures which excited alarm and discontent among the persons, who compose the general class of society, do not appear to have any immediate reference to the sub- ject of these remarks, limited as they are to the Military question. But the merits of this cause rests not solely on matters of fact; they are chiefly to be deduced from opinion ; it therefore becomes material to notice the ex- trinsic circumstances which gave an impulse to the imagination of Military men. Had the prevailing system given satisfaction to the other orders of society, it is probable the agitation among the Military would never have become so general, or so violent as it did at this time. The impression pro- duced by the arbitrary exercise of power, however sensibly it might at first be felt, E 50 might have subsided, and perhaps be for-, gotten ; if, in the intercourse of society, any advocates had existed who could approve, or who even could palliate or defend, the mea- sures adopted in any of the various branches of the administration. But, unhappily, this was not the case ; an universal clamour prevailed ; many were injured, all discon- tented, and the only class of men, not violent against the principles of the Government, were those who from poorness of spirit, or motives of self-interest, either suppressed their sentiments altogether, or used peculiar caution in communicating them. From such men have the principal offices been recently filled. Among many instances of this sort, one is particularly striking, and deserves to be remarked, from the example wiiich it affords of the advantage to be de- rived from a perfect lubricity of principles. A person, now holding one of the highest situations under the Government, and who professes to be one of the warmest admirers of the present system, did, on the 26th Jan. last, then being at a distant station, give his sentiments, as they then stood, in the follow- ing words : speaking of some of the mea- sures of Government, he says " the authors 51 " of this plan of degradation, and useless " expenditure of public money, have not " done the state a service ;" and again " The " system is to degrade Military authority, " and to raise the emblem of a force, that " can bow to civil dictators. The troops " are now instruments of civil law ; and the " Military rank goes no further, than the f Etat Major of a Council of Elders, or in " other words, old women." These being the words of a person, who was relatively an advocate for Government, and having been used on the 26th of January last, any at- tempt to prove that discontent was then partial, or confined only to a few at the Presidency, must appear equally futile and absurd. The whole service, Civil or Military, knew that it was universal ; and that an apprehension of mutual danger, arising from the supposed determination of Government to crush all who would not acknowledge the supremacy of Lieutenant Colonel Munro, had produced an unanimity of sentiment throughout the Army, and a confederacy for the purpose of mutual preservation. On the 6th of Feb. the Government of Madras issued a general order, professing to contain a statement of the circumstances e 2 52 connected with the arrest and release of Lieutenant Colonel Munro, and there can be no doubt, that a candid exposition of cir- cumstances, even at this late period, might have been of use, by tending to do away the foundation of the odium that existed against Lieutenant Colonel Munro. The order in question could not however have that effect. For, instead of adverting to the real cause of complaint, it affects to misun- derstand the particular passage in the report which had given offence, and states, that any enquiry regarding the offensive passage must have involved a discussion of the measures of the principal Civil and Military authorities in this country. Such an inference is not deducible from any of the premises in the present case. It had already been explicitly declared, that the officers complaining were particularly desirous to avoid any allusion to the general question, regarding Camp-equipage. That any comparison between the former and the present systems of Camp Equipage was un- necessary and entirely irrelevant, in discussing the charges which were laid against Lieute- nant Colonel Munro The discussion of those charges could not, if the president of 53 the Court Martial knew his duty, extend to any matter that was not requisite in order to substantiate or refute one, or other of the following problems. First. Whether the insinuation against the officers commanding Native Corps, as quoted in the former letter, was warranted by their conduct during the period they held the contract. If the affirmative of this question was proved, the discussion would be at an end, and the charges against Colonel Munro must be thrown out. Second. If the insinuation should ap- pear totally groundless and false ; whether the insertion of it in the Quarter Master General's paper was necessary, in order to place the subject in a clear point of view, or to produce the conclusion, which Lieutenant Colonel Munro might have been directed to draw forth. If the affirmative of the second problem were proved, the court martial, or the Com- mander in Chief, might, with a view to the exculpation of Lieutenant Colonel Munro, deliberate whether he was not j ustifiable, or at least excusable, in uttering the falsehood, having for its object a compliance with the 54 order of the Commander in Chief, which, according to Colonel Leith, was to be con- sidered " just and ratified, and without ap- peal." But if it should appear that the insi- nuation against the officers commanding native corps did not tend, in any way, to corroborate rhe arguments which have been used to recommend the abolition of the con- tract, and that therefore Lieutenant Colonel Munro had wantonly vilified the character of a body of respectable officers, for pur- poses which no man can avow, it is probable that the court martial, being composed of men, influenced by feelings of honourable pride, would have marked their sense of his conuuet in the most decisive manner; and this could have been accomplished, without any allusion whatsoever to the general merits of the report, for which alone any responsi- bility can rest on the authorities who have severally approved the work. It would be, in the highest degree, absurd to suppose, that a superior authority, by approving a treatise, composed by an inferior, became responsible for the substance of any particular passage, although the purport of that passage were totally irrelevant to the main question, and although the total omission of the passage 55 "would not have weakened the reasoning, or rendered the inference ]ess direct. Yet such hypothesis is necessary, in order to reconcile the position laid down in the G. O. 6th Feb. namely, that an enquiry, respecting a given passage in Colonel Munro's report, would have extended to the measures of the autho- rities, who had approved the general tenor of the report, although this particular pas- sage had not any relation or bearing towards the general result. One passage in the order of Government deserves to be particularly noticed, from the illustration which it affords of the avowed principles of Government. The passage is as follows : " In these circumstances, the " Quarter-master General could no longer be " considered responsible for proceedings so " sanctioned ; and it would have been in- " consistent with the evident principles of " justice, that a public officer should have " been liable to the obloquy of a trial for an " act not his, but that of his superiors." The doctrine is certainly praiseworthy; and every one must acknowledge great liberality in the principle, which attaches to the supe- riors all responsibility for the act of an infe- rior ; but which becomes theirs by adoption 56 even, supposing the operation of the prin- ciple to be general, and equally applicable to all persons similarly situated. But if, on the contrary, the spirit and letter of this doc- trine be directly violated, in the case of Colonel Capper and Major Boles, and that those officers are punished without the oblo-, quy of a court martial, as being responsible for the positive act of their superior, the sincerity of the authors of the above-men- tioned order will appear doubtful, at least; and men of plain understanding will imagine that their principles, as illustrated by their conduct, do not appear so praiseworthy as they do when publicly proclaimed in orders. The Order concludes with an injunction, that the question must now be considered as concluded, and the circumstances connected with it consigned to oblivion. It was not, however, possible that a subject, which had engaged the attention of all, and had excited general irritation throughout the army, could be obliterated by the dash of a pen ; and in fact, the G. O. 6th Feb. served to add fuel to the flame already spread. For, without any explanation or discussion of the real causes of complaint, it attempts to identify, with the Government itself, the cause of an individual, 57 who was shunned by every officer who pos- sessed pride .or feeling for the character of his profession ; while Colonels Capper and Martm ? and Major Boles, officers of great repute, and universally respected, were pu- nished, to the greatest extent that the Govern- ment could accomplish, for acts which are considered to be not only justifiable but praiseworthy. On the 8th of February, the public were surprised by the annunciation of a resolution, passed in Council on that day, ordering the removal of Captain Marshall from the situ- ations of Secretary to the Military Board and Secretary to the Military Fund ; the removal of Mr. Roebuck from the situations of the Paymaster General and Mint Master ; and Mr. R. A. Maitland from the situation of Justice of the Petty Court. The two former were directed to quit the Presidency, without delay, and proceed to Yizagapatam, which is about 500 miles distant. This circum- stance, totally unexpected and unaccountable as it at first appeared to be, became more surprising, from the difficulty of forming even a conjecture respecting the cause which might reasonably be assigned for inflicting so severe a punishment, at once, on three 58 individuals, whose professions, pursuits, and situations were so different ; one being a sub- ordinate military officer, who had not hitherto been conspicuous in any way ; another, one of the oldest Company's civil servants ; and the third, a gentleman not in the service, but residing at Madras, under the protection of the Company ; and his conduct had been uni- formly such, as to gain him universal esteem in the Settlement, as well as constant atten- tion and respect from the members of all preceding Governments. A deliberate consideration of the various discussions, then pending at Madras, sug- gested the causes which had rendered these men obnoxious to the rulers of the day. Captain Marshall, though in a subordinate situation, had frequent occasion to meet Colonel Munro on duty. However, no unof- ficial intercourse had, for a long period, taken place between those officers, owing to the incongruity of their dispositions, their prin- ciples, and their conduct. The subjects re- cently agitated at Madras had not tended, in any way, to reconcile the difference of sen- timent that existed ; and, in fact, Captain Marshall adopted the same principles which prevailed amongst the great majority of his 59 brother officers. It was therefore consistent with the principles upon which the Govern- ment appeared to act, that he, although bearing a good character, should be degraded from his office and removed from the pre- sidency, in order to make way for a person who would probably speak to Colonel Munro. Previous to his departure, however, he made a modest appeal to Government, in which he stated as follows : " I trust, I shall be ex- " eusedforexpressingaconsiderable degree of " anxiety, at the displeasure of Government, " as evinced in my removal from office, " and that a jealousy respecting my cha- " racter as a servant of the company, will " be considered to proceed from motives, " honorable to myself, and consistent with " the relation in which I stand to my honor- " able employers, after passing eighteen " years in their service." " The serious reduction of salary must " necessarily produce considerable incon- " venience to me; but the loss of salary " is a secondary consideration; I never " indulged the hope of attaining that exal- " tation which riches give ; I looked only " for the humble honors of a respectable i* character, and I appeal to the justice of 60 " Government to excuse the earnestness " with which I solicit to be informed, in " what part of my conduct I have given " cause for the severe measure, which, what- " ever he the effect, is evidently calculated " to deprive me of my good name, in the *' absence of which, no wealth could make " me ncn. The appeal was however vain; it was treated with contemptuous silence ; and no reason has even yet been assigned for the removal of Captain Marshall from Madras. This event, which, in ordinary times, would not be considered of any general moment, acquired, at this period, great importance, for it tended to confirm the general belief, that Government were resolved to pursue to the utmost, every individual who had become obnoxious to Colonel Munro, with- out regard to general character, length of service, or other qualification, which is usually considered to confer upon individuals a right to the protection of Government. Even the most moderate among the officers, and those who had been desirous to divert the attention of the public from the imme- diate causes of complaint, could no longer discover any chance of preserving the most 61 respectable part of the army from arbitrary prosecution and cruel punishment, while things continued to be administered accord- ing to a system, which was not to be con- trolled by the laws of the land, or by any appeal to the ordinary dictates of reason,, equity, or justice. Of this disposition an ample illustration is thought to be afforded, in the orders respecting Messrs. Roebuck and Maitland. The whole particulars of this extraordinary transaction would of themselves form an interesting detail. They are, however, only partly connected with the present subject; and it will be sufficient to notice that these gentlemen were acknow- ledged creditors of the Nabob of the Car- natic to a verv larcye amount, and knowing that bonds had been forged to an enormous extent, and that the security of their pro- perty would be injured, in proportion as the forged bonds were admitted, they instituted, in the Supreme Court, at Madras, various suits against persons supposed to be concerned in forging sundry of these bonds. They had already obtained two ver- dicts from the several juries, and although the Advocate and Solicitor of the Com- pany defended the persons who were con- 62 victed of forging and perjury, the bond fide creditors did nevertheless persist in appealing to the laws of their country for the preser- vation of their property. As no public reason was assigned for the act of their removal from office, the cause was imagined to arise, but erroneously perhaps, out of the part they took in these proceedings. This cir- cumstance, it is true, has no immediate reference to the military question, but it will not be difficult for any to conceive that the punishment of two respectable men, under the prevalent impressions, could not be con- templated with indifference by Britons. It will not require any argument to prove, that such a circumstance was calculated to exasperate feelings already highly irritated, and that, connected as it was with the punishment of Captain Marshall, both hav- ing occurred in the same Council, and both reaching the public at the same time, the officers of the army should have perceived in it a further confirmation of the suspicion, that the common laws of the land could not afford any protection to those whom the advisers of the Government wished to overwhelm. The foregoing facts have been intro- 63 duced merely for the purpose of shewing, that causes existed for universal disgust, though the advisers of Government have continually persisted to deceive the superior authorities, by representing, that the dis- content was partial, and confined only to a few r individuals. It may be proper to notice* certain facts which afford conclusive evidence of the entire falsehood of such assertion. On the 13th of February, Lieutenant Colonel Munro signified to the officers of the Institution, (an establishment lately formed for the instruction of young officers) that he heard they had expelled one of the members from their society, " because he had attended at an entertainment given at the Government House," and in such case desired that they would withdraw their pro- ceedings against that gentleman ; in failure of which they would be ordered to quit the Institution, and to join their corps. The gentlemen replied, that the regulations ot the service, Para. 9th, allow " to officers, " in common with other gentlemen, the " privilege of making their own choice of " companions, for their private society," and as they felt averse to hold further 64 acquaintance with the gentleman in question^ they conceived they were justified in the measures they had taken, in consequence of which they (18 officers) were sent to their corps by the following general orders: " Fort St. George, ISth, February, 1809; " G. O. by Government : " The Commander in Chief " having brought under the attention of " the Honourable the Governor in Council, " the recent irregular conduct of the fol- " lowing officers of the junior class of the " Military Institution, the Governorin Coun- " cil directs that they do join their corps " without delay.*' [Here follow the names of 18 officers] Although the name of the Commander in Chief appears in the foregoing order, it was in a few days discovered, that he had not even been made acquainted with the circumstances; at least so he declared, on the occasion of a reference that was made to him by some of the young men. Pre- vious to the publication of the foregoing order, a communication was made to the gentlemen of the Institution, by a Field officer, purporting, that if they would pro- 65 mise to go to the next entertainment at the Government House, the proceedings against them would be discontinued; but, otherwise, that they might expect to be severely punished. They however declined comply- ing with these terms. Trifling as this occur- rence must appear, in the general view of the g'reat events which this period teems with, it deserves particular notice on account of the consequences it produced, and the inferences which may be drawn from it. It affords incontestible proof, that the feeling of discontent and dissatisfac^on towards the Government was not confined to a few. In such a case it is impossible to suppose, that out of nineteen young men, attached to a corps that is under the especial patro- nage of the Governor and the Quarter Master General, only one person would go to a public entertainment given at the Govern- ment House; or that the others, if the feel- ing was not general, should venture to mark their disapprobation in the decided manner they did. This transaction also serves to shew, that the appeal of the officers to the regulations of the service, as established by Earl Cornwallis, was totally disregarded; and that officers in the army were liable to F 65 be punished, if they presumed to exercise their own judgment in the choice of asso- ciates, or private acquaintances. It seems scarcely credible, that so preposterous a doctrine should have been publicly avowed and sanctioned by the Government ; but the letters* which passed on the subject are still extant, and have, on many occasions, been produced, in order to overcome the incredulity of persons to whom the circumstances have been related, at almost every station of the army. For those young men, highly irritated as they must have been at the recent transactions which they had witnessed at Madras, and particularly at the treatment they had themselves received, w^ere separated, and sent to the various corps to which they belonged, thus effectually disseminating (if they had not already been general) those opinions which are still said to have been confined to a few individuals. It is a matter of great wonder, that the unequivocal proofs of discontent, which the occurrences of every day afforded, did not suggest to those who were the objects of it, the expediency either of removing the causes of it, by revising the unjust and * Vide Appendix H. 67 unreasonable acts that had produced it, or even of endeavouring to prevent its increase by appearing to consult the feelings and the just rights of men, at least in those matters, where the right of choice cannot reasonably be denied. But, unfortunately, those who ruled, and those who advised, intoxicated by power, blinded by prejudice, and impelled by ambition, were not satis- fied by the forms of respect and obedience which public duty required, and which never were denied. The indignation of the officers of the army appeared now to have reached such a height, that some desperate act of resentment was expected. The resignation of the Company's service was in contemplation among large bodies of offi- cers ; but this measure would have inflicted a severe wound upon their country and their masters, from whom they had received no injury, towards whom their attachment was unabated and firm, and for whose deci- sion they would have waited patiently, had not the continued accumulation of injury and insult exhausted their forbearance. At this period, when a large proportion of the army was carrying on warlike operations in the Travancore country, the resignation of 68 even a small number of officers must have occasioned great embarrassment to the Go- vernment, and might have produced fatal consequences to the mother country. It is, therefore, fortunate for the State, and cre- ditable to the army, that nothing of the kind has yet taken place. Some late acts of the Government appear to have excited great commotion in the minds of the officers of the army, and to have resuscitated, with increased violence, that flame which had in some degree sub* sided. Recent accounts from the army at Hydrabad and Jaulnah, mention that inju- dicious and indelicate allusion in a late G. O. to the conduct observed by the troops at those stations, has given the greatest offence ; in short, the aspect of affairs is now truly awful. A fatal perverseness seems to controul every act of the Govern- ment, and to prevent the dispositions of the most moderate and temperate men from becoming useful towards the restoration of peace and good understanding. Those blessings seem to be receding from us ; and, unless some speedy and decisive measures be adopted, by that authority which alone can now effectually mediate between the Gover- 69 nor and the Army of Madras, the opportu- nity of conciliating may pass by. The particulars of the G. O. and of the measures it has given rise to, should not be anticipated ; for various intervening occur- rences still remain. The next communica- tion shall, therefore, resume the narrative from the period when General Gowdie came to the Presidency. Adieu ! LETTER III. Madras j 2>Qth June, 1809. Dear Sir, It will be observed that the circumstances noticed in the foregoing letters, and all the measures adopted by the Government of Madras, either affecting the army collectively, or directed more imme- diately against those individuals who were actuated by a desire to vindicate the honor of the profession, proceeded under the au- thority, and directly in the name of the Governor in Council. The name of the Commander in Chief is, indeed, introduced on the occasion when the gentlemen oi the 70 Institution are rebuked for declining to go to the public entertainment at the Gover- nor's. But it is perfectly well known, that he was altogether innocent of any concern in that extraordinary transaction ; the result of which, however, served to prove, that his services were available by the enemies of General Macdowall, who possessed power, and therefore must be right. General Gow- die arrived at Madras on the 17th February ; and, shortly after his final interview with Sir G. Barlow, he made to Major Boles a proposal, similar in substance, andinefFect, to that w r hich had before been made by a Mem- ber of Council, viz. that Major Boles should be restored to the service, and to his appoint- ment, if he would only say that he was sorry for having obeyed the orders of Gene- ral Macdowall on the 28th January. No circumstance had occurred to alter the state of the case; and, consequently, Major Boles excused himself in the same way that he had done before, adding, that he really could not say he was sorry for any thing that had passed, having done only his duty, and relying on the justice of his superiors, for an ample requital of the injuries that had been done him. 71 It will be proper to bear in mind the terms used by Major Boles in his reply, and the circumstances under which they were applied ; for it will be seen, in the sequel, that the import of those terms has since been most shamefully misrepresented, in order to attach to Major Boles' an impu- tation which is totally irreconcilable either with his general character, or with the con- duct he has observed since the commence- ment of this discussion. It is not likely that, under any circum- stances, Major General Gowdie could have possessed much influence in the army ; he had, indeed, acquired a high character for bravery, on actual service in the field,but certain well-known transactions had not rendered him popular. Independently of this, the relation in which the Major General stood with respect to the Government, and to those nominally his staff, rendered quite nugatory any attempt of his to con- troul or direct the opinion of individuals. However, the unexpected exaltation to the chief command, seems to have drawn a veil over all circumstances anterior to that period; and to have conferred on General Gowdie, in his own opinion, and that of the Gover- 72 nor, a power to guide the judgments of o.ilcers, not only in matters appertaining to their profession, but also in subjects of general import. The right of a Commander in Chief to direct the actions and words of all under him in military affairs, cannot for a moment be questioned, particularly in the Madras army, famed for its submissive- ness. The suggestion of a doubt regarding the military powers of a Commander in Chief would at any former period have been uni- versally reprehended ; but the fate of Colonel Capper and Major Boles, and the comments which hud appeared in the Government orders, subsequent to the 31st of January, respecting the conduct of those officers, had introduced a certain laxity of principle on this subject, which gave rise to various dis- cussions regarding the legality, the propriety, or even the necessity, which might occasion- ally exist for particular orders. A few clays after the arrival of General Gowdie at Madras, an occurrence took place which afforded to Sir G. Barlow, and General Gowdie, an opportunity of ascertaining, in the most unequivocal manner, the sentiments of ofli ;ers towards the person of the Gover- nor ; and at the same time the feeling which 73 they bore towards the authority delegated by the Governor to the Commander in Chief. Sir G. Barlow, unadvisedly relying on that appearance of respect which was mani- fested towards the situations of Governor and Commander in Chief, disregarded, and attempted to treat with indifference, the actual sentiments of a set of men whom habitual subordination renders for the most part passive, and who, therefore, seldom form an unanimous opinion adverse to their superiors, except upon the grounds of self- preservation, either from injury or insult. Fortunate would it have been for his country, for his employers, and for the Madras army, if Sir G. Barlow had taken measures to remove the grounds of discontent which existed in the present instance, or even if he had not acted in such a manner as served gradually to render more than irritable the sense of wrong. Although perfectly aware that no officer except those holding situations at the will of the Government, or Colonel Munro, would voluntarily go to the private dwelling-house of the Governor and his family, where Colonel Munro was frequently to be met, Sir G. Barlow sent cards, invit- 74 ing the officers of a regiment, in Fort St. George, (about 50 in number) to dinner, on the 1st of March; he, at the same time, invited the officers of a battalion of the 18th regiment to dinner on the 4th of March ; the greatest part of the officers of both corps sent apologies, couched in the usual terms for not accepting the invitation. This circumstance, (particularly as the greatest part of the officers were not in the com- pany's service) affords conclusive evidence, if any were wanting, that the disgust at the measures of Sir G. Barlow, was not confined to a few individuals of the Company's ser- vice ; however, as the consequences of it refer to the present subject, it may be pro- per to notice them. Between men in equal circumstances, an occurrence of this descrip- tion would either be considered in the light of a direct insult, and resented as such, or it would be altogether overlooked; but, con- sidering the relative situations of the parties in the present case, the same reasons appear to point out still more strongly, the propriety of avoiding all discussion, which could tend to depreciate the already-fallen dignity of the person representing the chief authority. 75 But, unfortunately, the same fatality which had produced several previous blunders, now added a principal one. In order to prevail upon the officers who had sent apologies, to consent to dine at the Governor s, various threats and promises were conveyed from the Governor to them, through the medium of Lieutenant Colonel Barclay, who had, through his diligence in offices of this description, acquired a de- gree of confidence, which the appearances for some time after Sir G.'s arrival rendered very improbable. His efforts, however, on this occasion, proving ineffectual, he was directed to apply for the assistance of Major General Gowdie ; and the extraordinary phenomenon was exhibited, of the chief Commander of an army of 80,000 men using the influence which his situation gave him, to induce the officers of two corps to dine at Sir G. Barlow's, after their having signified their disinclination to accept of his invita- tion ; and after their refusal had thus been so public, that it served as a topic through- out the Settlement. The general arguments used by the Commander in Chief were an- swered by an unanimous voice, that if the acceptance of the invitation were considered 76 as military, or if he, General Gowdie, would give an order that it should be accepted, the whole of the officers would go ; but if it were to be considered optional, and they had the right to decide for themselves, their apologies should not be withdrawn. At last, after two days discussion, General Gowclie told the officers of the corps, in the Fort, that he was himself to dine at the Governor's on the 1st of March, and if they declined going to meet him, he should con- sider not only that they treated him with slight, but that they were abettors of the general discontent, which he stated to pre- vail among the officers of the Company's army. Such imputations being totally unfound- ed, and likely to injure the officers in ques- tion, they did not longer hesitate to accept the invitation, and they accordingly per- formed the duty of attending at Sir G. Bar- low's house, at dinner-time, on the 1st of March. The officers of the 18th regiment, how- ever, did not go on the 4th. The same arguments were not used to them ; and they had, only a few days before, on their arrival in the garrison, manifested their 77 respect for the public character of the Gover- nor, by waiting on him, when the Com- mandant, Lieutenant Colonel M'Caully, in- troduced them severally to Sir G. Barlow. They therefore urged, that their declining to go to the Garden-house could not be con- strued into a disposition to treat with dis- respect the public authority. If such an idea existed, they were ready to accept of the invitation, in compliance with any order which General Gowdie might be pleased to give to that effect. No such order was, however, given, and they consequently did not go. But they were required to make an apology, which they did, by stating, in unequivocal terms, that, in declining to accept Sir G. Barlow's invitation, they did not intend any disrespect towards the public character of the Governor ; but, on the contrary, imagined that they were exercising a right which might be exercised with im- punity by all gentlemen in society. This was very unfavourably received ; and it was generally reported, and believed, that General Gowdie had told Colonel M'Caully, that, although he himself had not declined to go to the Governor's, he was censurable for not having prevailed on his officers 78 to go ; and that the corps should be sent to one of the most distant stations. At a future period it will not be credited that such a seeming abuse of power could be imputable to the character of a British subject to whom it was delegated. But, unhappily, there are too many evidences that irritating measures of this description have been most wantonly resorted to ; and that the pride of the officers, under the Madras Government, has been trifled with and insulted to a degree that will not be credited by their friends and fellow-subjects in Britain. On the 25th of February, Gene- ral Gowdie informed Major Lindsey, that his corps, the 2d of the llth,was ordered to quit the Presidency immediately, as the conduct of the officers was disapproved by the Go- vernor. Major Lindsey, astonished at this communication, requested to be informed how the officers had given offence, for he knew them to be a very reputable set of young men, and was not aware of any impropriety that could be imputed to them. General Gowdie acquainted him, that Sir G. Barlow had learned, that Major Boles had, some days before, dined at the mess of the 11th; and that, therefore, the corps must 79 quit the Presidency, as Sir G. was resolved to shew his disapprobation towards those who gave any countenance to Major Boles. In reply to this, Major Lindsey observed, that the officers of the 11th could not be aware of any impropriety in admitting to their mess an old, and much-respected bro- ther bfficer, more especially as Major Boles had, since his suspension, been invited to, and dined at, the messes of his Majesty's Royal Regiment, and of the Artillery. This remark was totally disregarded, and the corps marched towards Vellore, on the 27th. The universal anxiety that prevailed at this period, rendered every event of this description highly interesting; consequently the reports of them spread quickly, and every circumstance which could render the tyran- nical abuse of power more disgusting, was presented to the imagination in the most lively colours. The hardship of Colonel M'Caully's case was contemplated with mixed feelings of horror and indignation. This officer had served the company, faithfully and honor- ably, for 30 years; and now, at an advanced period of life, with a large family to support, and without any other property than his 80 monthly pay, he was condemned to under- take a long and expensive journey, accom- panied by those most dear to him, to a sta- tion, from whence there is little probability that they will all ever return. Those ac- quainted with military affairs will not per- ceive any particular hardship in an officer being obliged to go, in the routine of his profession, to a station, whether healthy or otherwise, which must be occupied by some portion of troops ; but no perversion of the term can ever justify the circumstances under which Colonel M'Caully was sent to a post, selected, as the Commander in Chief said, because it was very distant, and ren- dered more eligible bv the recent accounts which represented it to be so unhealthy, that many had already died, and general sickness prevailed in such a degree, that the officer then in command requested permission to evacuate it. To the feelings naturally pro- duced by this extraordinary circumstance, there was added the surprise of all who had known the character which General Gowdie had borne ; they did not suppose it possible that he, who had brought up a large family, and who was, perhaps, indebted to that family for the tranquillity with which 81 he passed some of the stages of his career, could ever be induced to be the organ and instrument of a gross act of injustice towards an old and meritorious officer, whom he had known as a boy in the service, and who now possessed, equally with himself, all those claims on humanity which arise from the dependence of a family. Yet did General Gowdie (as yet) seem to wish it to be un- derstood that these measures originated with himself. The disposition to persecute Major Boles, to drive him even from the society of his brother officers, by punishing those w r ho shewed him any attention, cannot be accounted for by any of the principles which men acknowledge themselves to be actuated by. He had studiously avoided every means of attracting the attention of the public to his peculiarly hard situation; and if the cir- cumstances of it drew from a generous community the tribute of respect, and commiseration, it would have been more seemly in his enemies, powerful as they are, to have avoided, by all means, the appear- ance of that pitiful malignity, which seeks, as its only preservative, the utter destruction of those whom it has injured. But they, judging that the means of appeal were very 82 distant, and that their own representations, if not refuted by the opposite party, would probably produce a decision which must be favorable to themselves, used every means to oppose such refutation; and relying upon the success which their unlimited power enabled them to command, they wantonly indulged their most rancorous prejudices, and trampled on those rules which, in Eng- land, are indispensable to the most hackneyed politician. In the infancy of British India, such measures on the part of the rulers might have been successful, and might have passed with- out remark. The community consisted, for the most part, of adventurers; the leading individuals of whom derived their greatest advantages from certain abuses, the indul- gence of which was to be purchased only by the sacrifice of those feelings, and of that independent pride, which the consti- tution allows every honest Briton to enjoy in his native country ; but at this time they were equally injudicious, as they were ina- dequate to the objects of their authors. For they, whom an Indian Governor now rules, being generally men of education and ac- quirements, who have formed their ideas 83 of society, at a period which has afforded to all the civilized world most conclusive proofs of the advantages which a compa- ratively small state derives from allowing each individual the enjoyment of those pri- vileges that are necessary to the maintenance of his rank in the community ; such men cannot endure, heyond a very limited extent, the tyrannical, or the corrupt abuse of power, or the wanton indulgence of malignant pre- judice. This unhappy contest does not exhibit the efforts of an upright Govern- ment, opposing the extravagant views of ambitious adventurers; who, goaded by necessity, and desirous to promote a change which may benefit, but cannot deteriorate their situation ; on the contrary, it will be seen, that every individual, who has hitherto suffered by the exercise of the power of the present Government of Madras, was in actual enjoyment of a situation of emolu- ment and advantage, to which the greatest part of them had, under former Governors, been promoted on account of the good repu- tations which they bore, and not through the influence of powerful connexions; the names of Cooke, Kippen, Conway, Sinclair, &c. will, to those who are acquainted with g 2 84 the modern history of Madras, afford a pretty good criterion by which a judgment may be formed respecting the principles which at present regulate the selections for honorable distinction. After the removal of the offi- cers of the Institution, and of the 1st bat- talion of the 18th, for not going to Sir G. Barlow's entertainment, and that of the 2nd battalion, 11th regiment, because Major Boles had dined at their mess, matters con- tinued tolerably quiet, and the community, though under the awful apprehension of the increased effects of the disposition which the Governor had manifested, indulged a hope that the number, and the respectability, of the victims who had been sacrificed on account of favouritism, would be con- sidered sufficient to appease the wrath of its powerful supporter. Had this been the case, it is probable that matters might have gradually settled into tranquillity ; and, although it had become impossible that a good understanding should ever subsist be- tween Sir G. Barlow and the great body of the officers of the army, that the latter would have patiently waited for a decision by the superior authority in India, or by the sovereign authorities in Europe; but the S5 fallacious calm of a few days was, about the middle of March, interrupted by an act of the Governor, bearing the same complexion with those that have been already noticed ; and therefore occasioning a general irritation, the more violent as it had been for a time restrained. At this time, Sir G. Barlow signified his intention of immediately remov- ing from the Presidency Major Macdowall, the Deputy Adjutant General of the Army, Lieutenant Stock, Deputy Secretary of the Military Board, and several civilians. Pro- scriptions, had now become so common, that the term Convict was familiarly applied to those who were found too honest to remain in the immediate precincts of the seat of Government. The civil Convicts, on the present occasion, consisted chiefly of gentle- men who had unfortunately been selected as jurors on the famous trials of Mr. Batley and Reddy Row, or who had been so impru- dent as to avow, on that subject, and the military question, opinions suggested by the nature of the case. The cause of Major Macdo wall's removal was not at first so appa- rent; this officer had ever been distinguished for his prudence, and the propriety of his conduct, in every situation that he had hitherto 86 filled; he had been particularly selected by General Gowdie, to fill the situation vacated by the dismissal of Major Boles; and the nomination had been highly approved by the Governor, at a period only one month prior to that now under discussion; in short, considering Major Macdowall's character, and the circumstances of his present situa- tion, it was supposed that he was one of those least likely to suffer in the general havoc which had been denounced, and was expected to fall upon the officers of the army. However, being informed of the in- tentions of the Government towards him, he, on the 24th March, addressed a letter to the Honourable Sir G. Barlow, in which he states, that, during the time he had held the situation, he had endeavoured, with unwearied assiduity, to afford satisfaction : that General Gowdie had expressed his entire approbation of every part of his conduct, but that he feared some misapprehension existed which gave rise to the intention of removing him ; he therefore requests he may be informed of the cause, in order that enquiry may be instituted, and explanation afforded. To this appeal, Major Macdowall did not receive any answer; for, according 87 to the phraseology, which had been recently adopted, it was not deemed expedient that any reason should be assigned for the mea- sures of Government. It would have been fortunate if reason had been consulted in forming their measures ; then would expla- nations not have been required, neither would complaints have been necessary. Major Macdowall also addressed a letter on the same subject to General Gowdie, to which he received the following reply : " My dear Sir, I have received your letter of the 24th, and can, with the greatest truth, declare, that your conduct, while Deputy Adjutant General under me, has given me the utmost satisfac- tion ; and I must sincerely regret that existing circumstances, of which I am not competent to judge, has deprived me of the services of a man of such sterling ability, for whom I have the strongest personal esteem and regard. " I am, my dear Sir, " Your stedfast friend, (Signed) " F. Gowdie. " Madras t 25th March> 1809. Capt. J. Macdowall." 88 The foregoing letter is not introduced for the purpose of making any remark on the style, or the orthographical merits which it possesses, but because it affords sufficient proof of the relative situation of a Comman- der in Chief at Madras, at this time ; when a person, holding that high situation, declares himself to be incompetent to judge of the cir- cumstances which had deprived him of the services of an officer whose abilities he con- sidered respectable, and for whom he enter- tained strong personal esteem and regard. It must be inferred either that he was kept in totalignoranceofthosecircumstances,orthat, if communicated to him, he was required to suspend his judgment altogether, even in matters most important to the discharge of the trust reposed in him. The situation of Deputy Adjutant General has always been one of considerable importance; for although, in the presence of his principal, the Deputy bore no immediate responsibility, it frequently occurred that the absence of the principal vested the Deputy with the full and exclusive charge of the office. This was particularly the case with Major M. The Adj utant Gene- ral, Colonel Capper, and the former Deputy, Major Boles, had been removed ; Lieutenant 89 Colonel Cappage, it is true, had been nomi- nated to the office, but he was in Travancore, far distant from the Presidency ; no accounts had been received from him, and, indeed, there was much reason to suppose, that he would not readily accept, nay, that he would altogether decline, to hold a situation which must be disgraceful, and disreputable, if Colonel Munro, the Quarter Master General, was allowed to continue to meddle with, and derange every department of the office. Thus Major Macdowall was the only person to whom General Gowdie, himself a stranger to detail, could refer on all points relative to recruiting, discipline, courts martial, or clothing of the army, and all other matters belonging to the department of Adjutant General ; yet he was deprived of the services of such a man, at such a time, for reasons that he was either altogether ignorant of, or that he was not competent to judge of. It, however, appeared from some expressions which the General used, w T hen discussing this matter, that the true reason of Major Mac- dowall's removal, was his refusal to hold any communication with Colonel Munro, except on subjects connected with public duty. He had been induced to form this resolution 90 from an intimate knowledge of the tcent transaction in which Colonel Munro bad borne so conspicuous a part; and, being a man of strict probity and honour, he would not, by threats or promises, be prevailed upon to abandon what he had adopted from principle ; his removal was therefore deemed expedient, in order that a machine of more plastic materials might be placed in his room. The degradation of Lieutenant Stock was equally without excuse; his correctness and assiduity in his public duty, as well as the uprightness and integrity of his private character, had gained this officer the respect and regard of all who knew him ; and he had every pros- pect of rising to distinction on the Staff of the army, had not his situation exposed him to the necessity of making a choice whether to consult his interest at the expense of every feeling of pride and honour, or to follow the dictates of the independent spirit of a gentle- man, equally fearless and careless of the result. Although no admirer of the principles (or more properly) the rules which guided the conduct of Colonel Munro, Lieutenant Stock nevertheless continued to observe the forms of acquaintance with that character, until the period when the interference of the 91 superior authority shielded him from the impending dangers of public enquiry, and justice ; then, finding that Colonel Munro had eagerly availed himself of the screen, and when concealed behind it, had employed himself in turning against the most respect- able of his brother officers, that power which had saved himself, Lieutenant Stock deemed it unworthy of his character as a gentleman, and an officer, to hold any further intercourse with him. His removal appears to have been resolved on, and his place was filled by a Mr. Maclean, who is looked upon to be one of the most staunch of Colonel Munro' s new friends, as not being likely to decline speaking to him, under any circumstances, so long as the Colonel retains the power either to serve or to injure him. Such instances of the abuse of power, and total dereliction of the forms of decency, and of the appearance of justice, which re- pect to the opinion of the world induces even the boldest and most unprincipled rulers to observe, could not fail to increase the odium, and to render more rancorous, the detestation with which the public viewed the authors of these measures. At every station of the army the Convicts, as they 92 were called, were received with enthusiastic marks of respect and admiration. They were all men of good reputation, and having made willing sacrifice of all their temporal interests, and personal views, in order to preserve their principles and their honor, they were hailed asinnocentandmuchhonoured victims, immolated on the altar of a cabal, who had endeavoured to introduce a system of tyranny and corruption, more base and vile than any that could be found in the records of British India. Such was the language that was im- prudently used in every society; and those who iil led the parts of delators and spies had abun- dant means of manifesting their diligence. But the employment of such people was more likely to increase than correct the evil ; the presence of spies and tale - bearers rather irritate those whom they are intended to restrain ; and their existence, by proving the impurity of the system that maintains them, serves only to increase the want of respect, and the detestation from which their em- ployers seek protection in them. A radical change in the system, or a removal of some of the causes of uneasiness, could alone assuage the discontent, or appease the irrita- tion, that had thus been wantonly cherished^ 93 and gradually matured almost into an open schism. The hope that any reformatioii would originate at Madras, was nearly extinct ; and those who had looked with, sanguine expectations, to the good effects Which might have been produced by the active interference of the supreme Govern- ment, experienced the most serious disap- pointment, from a communication which proved, that the Governor General had been grossly deceived, and that he had adopted opinions which precluded all prospect that he would either institute any enquiry re- specting the causes which had led to the embarrassments, of which Sir George Barlow complained, or that he would, by the exer- cise of his authority, prevent any further discussion on one side, or prosecution on the other. It is highly probable, that, at the period to which the narrative is now arrived, the interposition of the immediate authority of the Governor General would have been fully effectual. At all events, the same measures would have had greater weight at that period than at any subsequent one. Indeed, the infatuation on both sides appears already to have proceeded to such length, that it seems 94 doubtful whether any thing short of the" presence of the Governor General could now restore even moderation. Instead of benefiting by the experience which the effects of his former acts have afforded, Sir George Barlow now appears to have lost the recollection of what has passed, and all sensibility to what is passing around him; he seems to have put his judgment into com- mission, and distrusting his own mental powers, exercised hitherto on foreign subjects, to depend implicitlyon external advice. Much of his attention having been given to the study of the Hindoo and Mohammedan systems of jurisprudence, and to the formation of regulations for the Government of Asiatics, among whom the name of liberty is not understood, neither has the idea existed for ages ; it would seem that this study has obliterated what he mav ever have known of the characters and dispositions of his fellow subjects of Britain, whose ancestors, after they had submitted to the Roman Go- vernment, were described by Tacitus in words to the following effect : " The Britons are " a people who pay their taxes and obey the " laws with pleasure, provided no arbitrary " and illegal demands are made upon them ; 95 vt but these they cannot bear without the " greatest impatience, for they are only " reduced to the state of subjects, not of " slaves." That Britons of the 19th century are equally free, and equally impatient of arbi- trary and illegal impositions, as were their ancestors of the 2nd or 3rd century, is a fact that will not be doubted by any except those, who may have allowed the study of foreign constitutions to eradicate from their minds the knowledge of that of their own country. The sentiments of the Governor General re- specting the state of affairs at Madras, were, in the month of March, communicated to the several stations under the Madras Go- vernment, to each of which an extract of a letter from the supreme Government, dated 20th February, 1809, was sent for general information. In this letter the conduct" of General Macdowall is severely reprehended, and it is stated 3 of grievances by the force, or influence, of their appearance before its walls. A batta- lion was actually sent in advance, and the-^ whole were to be joined in the march, as it is said, by the discontented part of the army at Masulipatam. But this scheme was abandoned, on a representation from the Resident at the court of the Nizam, that a largfe body of Mahratta horse was stationed on the frontier, and ready to rush into the Company's territories, and those of their allies, if the country should be deserted by the British force. This information, even at this juncture, and in the height of the irritation of the army, had more weight than the orders of Government, and deter- mined them instantly to give up their own supposed interests in deference to the more important, and more valuable, interests of their country. But the most violent, and the last mea- sure has been resorted to and accomplished, in the vicinity of Seringapatam, where the troops, adhering to the Government, and the disaffected corps, have unhappily come in hostile contact with each other. The 8th and 15th regiment of Native Infantry, sta- tioned at Chittledroog, had seized at the 154 end of the month of Julv, under the orders- of the committee at Seringapatam, the Com- pany's treasure at the former station ; and, notwithstanding the remonstrances of the resident, and the officer commanding in Mysore, marched with these pecuniary resources towards the latter garrison, and had nearly terminated their march, without opposition. But, on the Cth of August, when they were at a small distance from Seringapatam, they were encountered by a detachment, under the command of Lieu- tenant Colonel Gibbs, consisting of European and Native infantry and cavalry, and a party of the Mysore horse ; and, after a trifling shew of resistance, the battalions from Chit- tledroog were routed. The Government order on the occasion, states these battalions to have been " entirclv defeated and dis- persed, and that nearly the whole of the rebel force was destroyed."* But in a sub* sequent account-^ it is mentioned, that a con- siderable number escaped into the garrison of Seringapatam. It is said, and generally believed, that these regiments would not * Appendix R. f Do. Order of Aug. 20th, 155 have made any resistance, if they had been aware that the force which suddenly opposed their march, belonged to the British army. The attack commenced on the part of the Mysore horse, and was resisted by the 8th and loth battalions, until the European troops came up ; when all resistance ceased, and the whole column endeavoured to gain the 'garrison ; suffering themselves to be cut down by the cavalry, without any opposition. It is described, in the Govern- ment order, lately published, as an act of cowardice, arising out of a consciousness of the badness of the cause, whilst it is painted in other accounts as an act of devo- tion in the officers and men of the battalion of their persons and their lives, to a neces- sity which they could not resist, without wounding the bosoms of their countrymen, and their brethren in arms. On which side the truth exists, I cannot presume to decide. A sally, it appears, was made from the Fort, at the time that the general affair happened between the detachment under Lieutenant Colonel Gibbs and the battalions from Chittledroog ; but which did not succeed ; the assailants were driven back by the Picquct, and a detachment from the oth 156 regiment of Native cavalry, under the com- mand of Captain Beane, of the 25th dra- goons. This circumstance diverted the attention of Lieutenant Colonel Gibbs, and probably saved the Chittledroog detachment from annihilation. Some officers of the latter are wounded and taken prisoners, but I cannot procure any accurate statement of the casualties. Since these unhappy occur- rences, it is believed, that no other hostile acts have taken place; and, on the 31st ultimo, we are told by a general order of Government, that the officers of Serin- ga patam have surrendered at discretion , and iiave been marched into the interior of Mysore. Some circumstances are said to liave attended this last measure, marked by a severity, which it could scarcely be neces- sary to use, but which, at present, I do not feel myself sufficiently informed to relate. Of the Hydrabad, or Masulipatam pro- ceedings., no further accounts have been received, than a general rumour of their having submitted. But on the 7th instant, an order was issued by Government, direct- ing that all corps moving without orders should be considered as in a state of rebellion; which would seem to infer, that at that date. 157 all was not considered by the Government, to be in a state of tranquillity. I have given you a general statement of things as they have occured; and must refer you for more particular accounts of some of the events described to the official papers of government, which I have enclosed in a separate packet. You will have letters written by other hands, more full and circum- stantial than mine, but probably not more authentic. # * * P S. I just open my letter to add, that Lord Minto has arrived, and, in his courteous reception of certain inviduals here, who were somewhat under a cloud, opinions are entertained that his Lordship does not ap- prove so wholly as w^as imagined of the strong acts of our local Government, 158 LETTER VI. Extract of a Letter from Pondicherry> received by the Margaret. September 23c/, 1809. You must have heard, by more direct communications, that more than four- fifths of the Company's officers, have been removed from their respective battalions, on their refusal to subscribe to a test submitted to them by Government. Their places have been supplied by King's officers. The test merely inferred, " that the officers (required to sign it) should obey the orders and sup- " port the authority of the Governor in " Council of Fort St. George," no more than is expressed or implied in the com- mission of every officer. But the letter inclosing the test, and which was ordered to be read to the individual officers, who were required to receive it, contained insi- nuations, so pointed against the whole body of the army, that a general repugnance to subscribe it was felt and expressed, not only by those who were desired to subscribe the test, but by those appointed to administer it. The consequences you already know. 159 The recusant officers have been allowed to proceed to different parts of the coast. Many are at this place, and others at Sadras, and other places on the same line. The Sepoys have expressed, universally, a dislike to their new officers, and some even have refused to act until their former officers be restored. An order of Government has been pub- lished, signifying to the Native troops, that their former commandants and subaltern officers, had been removed for disobedience or disaffection to the Government, but this did not seem to lessen the dislike of the troops to the measure. It was, however, persisted in, and carried into effect at Trichi- nopoly, Bangalore, Nundydroog, Travancore, and the whole centre division of the army. An attempt was also made to carry it into effect at Seringapatam, but it wholly failed, and terminated in the possession of the for- tress by the officers, who were hostile to that measure. The King's troops were dis- missed from the garrison ; and the place was promptly occupied, and held by the insur- gents. It was shortly afterwards invested by the troops of Mysore, and a detachment of King's troops, and communication of course 166 impeded with the surrounding country. Two battalions from Chittledroog endea- vored to relieve it in the middle of August; but were in part cut off with the loss of nearly 200 men, and two officers killed and wounded : the rear guard particularly suf- fered from the attack of the European and Mysore cavalry ; they are reported to have made but a slight resistance. Early in the last month, Colonel Close was sent to Hydrabad by the orders of Government, to take the command, and introduce the test at that station ; but, after ineffectual attempts to take the charge, and administer the test, was obliged to with- draw. He addressed both officers and the Native troops in their turn, but was equally unsuccessful in both addresses ; he was armed with full powers to negociate with the Native officers and men, to withdraw them, if practicable, from the influence of their officers, by all the temptations in the hands of authority to offer. But all apparently was vain, though it is said that the acts of subordinate agents were afterwards more successful, both here, and in other places. So much alarm, of late, has been excited by these practices, that a renewal of the fatal 161 scene, which happened at Vellore, has been every where dreaded. This, with other causes, and the expected arrival of Lord Minto, according to the proclamation of his Lordship at the end of July, induced the subsidiary force at Hydrabad, to send their submission to Madras, to be presented to Lord Minto, when he should arrive, and to express a readiness on the part of the officers, to sign the required test. This example operated on the minds of the officers of the garrison of Seringapatam, who have also surrendered at discretion, and are marched into the interior, though the Sepoys had loudly clamoured for revenge for their late suffering, and " demanded to die at their posts in the defence of their officers." The officers at Masulipatam have also submitted, having first prevailed on the men, though the task was not easy, to accept the amnesty proclaimed by Government. Since these acts have occurred, there has been an awful pause, and no one can con- jecture what will be the ultimate event. This silence keeps many tender sentiments alive, in respect to the parties involved in these melancholy transactions. It is happy, how- ever, that Lord Minto is at the Presidency A I 162, of Madras, where lie arrived about a fort- night ago ; and it is hoped, that his presence may be serviceable in healing the wounds, which the unaccountable severity of precedng acts had unfortunately opened. Heaven prosper so charitable an endeavour ! Though the preceding letters afford a full and circumstantial account of many impor- tant events, of which the public hitherto were but imperfectly informed, it is a matter of regret that some particulars are yet wanting, to render the detail complete. We are still without accounts of the actual loss of officers and men in the unhappy occurrence at Seringapatam, except the short order, published by Government on the 18th of August, shall be considered in such a light. We are also but slightly advised of the imme- diate means that led to the surrender of the disaffected corps at the last-mentioned sta- tion ; but the fact seems to be indisputable. What is even more to be lamented, we have no other than an accidental rumour of fl general submission and amnesty, with an exception, or extension, to three or four indi- viduals, whose cases, it is said, are reserved 16.3 for the decision of the proper authorities in this country. We shall he happy to have all these desirable particulars confirmed, and to learn, on credible authority, that the power of the East India Company over their armies, as demi-official ly announced, is increased and established by the close, or consum- mation of the disastrous events that have oc- curred, beyond the reach of human assault, or the hazard of future fortune. There may be many who may not chusc to assent to all the propositions and conclusions founded on> or deduced from the facts stated in the preceding letters. The writers of them, being on the spot, where the transactions, of which they speak, were passing immediately under their eyes, and which they describe as fraught with universal interest, might reasonably be deem- ed, in their relations, but more especially in their course df reasoning, to be subject to a bias an involuntary leaning to the one side or the other. They exhibit not, indeed, any ostentation of neutrality. But though this circumstance might lead us to distrust the deductions they should draw from facts, it would seem to dispose us to credit the facts themselves, so far as they arc detailed. m 2 loi- For who are so well qualified to give us authentic narratives of circumstances, as they who arc themselves eye-witnesses of them ? The marks of the foregoing corres- pondence are the intrinsic marks of authen- ticity and truth apparent on the face of it : the fault, if it be thought that there be anv discoverable about it, is the leaning, or in- clination, of the writers respectively to the claims of the army. If it be not a species of gallantry, it is a sign, at least, of gene- rosity and independence to adhere to an un- successful cause. But the sensible and able writers of the foregoing letters, notwithstanding they are influenced by a visible predilection for the success of the army, arc not blind, as it should seem, to the inherent defects of its pretensions, nor of the mode by which the attempt was made to advance them. They record with grief and reluctance but tiny do record the unfortunate and fatal extre- mities, into which an originally well-inten- tioned, and most honorable body of men were gradually provoked, and imperceptibly involved. They express a concern for their errors, but they do not endeavour to throw over them a justification or defence. 165 Wc arc not ashamed to feel and avow- that we own somewhat of the same senti- ment with these writers, springing, as we confess, from the same cause a long inter- course with the Indian army, and a firm and unshaken conviction of its worth. Sin- cerely and deeply do wc deplore the melan- choly events that have closed their recent struggle. Hut melancholy though they he. and though they may he hastily, and incon- sideratelv condemned by those who have neither interest nor patience to investigate the circumstances attending them, or the causes that gave them birth, there is not a thinking mind, we speak with confidence, or a feeling heart within the kingdom, that can contemplate them without suggesting a palliation of the error which produced them, or returning a responsive sigh for the consequences likely to result from it. A general cry has gone forth against the malcontents of the Coast army, sounded in a variety of tones from the whisper of private insinuation, to the fulminating re- port of the Governor General in Council. The public ear has been stunned and wea- ried with never-ceasing accusations. It is now ti:ne that it should be opened to the 16$ still voice of truth, which seeks not to pour into it any laboured or varnished story, but whose first and last declaration is, that it aims not at the perversion of justice, through nice subtleties and metaphysical reasonings, but claims an extenuation of the offence, which it candidly admits, from the provoca- tions which promoted it. He who shall cast his eye, however negligent and hasty may be the glance, over the first acts that gave rise to the discon- tents of the army, cannot withdraw it with- out an impression, that there was abundant food for complaint. Not to dwell on minute and extreme matters, we would ask, Is it no cir- cumstance of bitterness, that established emoluments should be taken from certain members of the army, not only without remuneration, but without the form of a previous and customary enquiry ? that they should be taken from them on grounds which they were not permitted to controvert, and on the assertion of a junior officer, unconfirmed by any external autho- rity whatsoever, whilst they were denied by a respectable part of the staff? Is it no injury to have the door of justice shut in the face of their solicitation, though couched in 167 the most respectful terms, and urged under the most direct and avowed responsibility ? Is it no injury, whilst their own claims to justice are refused, to see the object of their pursuit walking at his ease, and at full liberty, and in the plenitude of power to molest them still further, in despite of their means to pursue him, and in contempt of the authority which they had been taught to reverence ? Is it no mortification to look for ultimate redress where they have been wont to find it, and to be disappointed in the appeal ? Is it no grievance to have the the source of promotion changed, from one who has an intimate knowledge of military merit and deserving, to another who is unac- quainted even with the names that stand on the army list, and who is not to be ap- proached but through the introduction and condescension of one in the meridian of grace, though in the dawn of service ? Is it of no concern to them, to see officers of dis- tinguished rank flying from their eminent stations, in disgust and loathing, giving the truest test of the sincerity of their sen- timent, in the relinquishment of lucrative place, in the dearer consultation or tneir dignity, and honor? Is it no grievance 168 that the chief of the army staff are deprived of their offices, and suspended from their station in the army, on the sole and avowed ground of their having paid an unqualified obedience to the orders of their Commander in Chief ? Is it a matter foreign to the feelings of an officer, to perceive his bre- thren arbitrarily put beyond the pale of the army without enquiry, and without a hear- ing ? Is it of no annoyance to them, in holding a commission, rendered insecure, not only by its being subject to be seized on some military impeachment or insinuation, but that it shall be exposed to suspension, at the whim or caprice of power, for alleged reasons, unconnected with military mea- sures? Is it of no importance, that officers, having leave to quit the company's posses- sions, from infirmity or the urgency of their private affairs, should be detained in India against their will, from vain and capricious motives of men in power ; and be dismissed at length, without explanation, to pursue their original destination ; whilst others of high rank and character, should be hurried with ignominy, and almost under the de- grading circumstances of felons, though without a verdict or judgment, beyond the 169 company's confines, and finally to England, contrary to their declared wishes, and in direct and express violation of their interests? If these things have happened, and none can seriously dispute the facts, have we occasion to look around us for reasons for the irritated feelings of the coast army ? Some of the circumstances, embraced by these questions, may be partially contro- verted or qualified, but the greater part of them are admitted by the official documents of the local Government, though an endea- vour is made to disguise them by a false glare of colouring, or to contravene them by sophisticated argument. A sufficient answer lias been given, we apprehend, to these ingenious artifices, in the correspondence that has foregone. The inflamed sensations of parties were further aggravated by matters, which, under other circumstances, would have passed unheeded. We shall not here pause to add any new article to the long catalogue of orFencc, which we have hastily ran over. It hardly will be denied that there was not much irritable matter, lurking under the obnoxious acts enumerated, which, if it should at any time find vent, would produce the ijo most mischievous consequences. It was the duty, however, of individuals, it will be said, to smother their inward feelings, in dutiful respect to the constituted authorities above them. But there would appear a sort of correspondent duty on the side of those authorities, not to harass individual feelings unnecessarily, or to put them to trials, which they might not, from human infirmity, be able or sufficient to sustain. Though a 'soldier has to exercise and practice himself to submission and obedience, in controul of temper and passion, it is not to be assumed, because he has put on the uniform and the devotedness of his order, that he has therefore cast off the ordinary feelings of his nature. These may be outraged by uncommon incidents or aggravations, so as tu overcome habits that long patience and professional principles have united to confirm. When the condition of the soldier is beheld in a liberal point of view, and in which it ought ever to be beheld, it would infer a spe- cies of cowardice in him, who should wan- tonly assail it. What a soul must that man have, who would irritate him to resentment, when the consequence of resentment, which in an indifferent person would be innocent, in him would be a crime ? 171 But it is doubtless the business of a wise Government, to compass its strong measures, by means as mild and moderate, as the accomplishment of the ends will admit. The wisdom of such a rule of action has all the authority of a political maxim, established on the practice of legis- lators of all ages and of all countries. On the other hand, it is a sign of mental weak- ness, and depravity of a meaner sort, to enforce a violent act, by violent and orTenesive means. Such a conduct, while it overlooks the nature of man, treats his best sensibilities with contempt, and displays, in the act of authority, all the littleness, and the grovel- ing and the debasing qualities of private and humorous spleen. If there be anything more likely than another to stir men's pas- sions, and to betray them out of their course, it is the wild and unrestrained exercise of power. For, when the humiliating weaknesses of individuals are discovered in the sacred organ of Government, which should be sup- posed free and untouched by such infirmity, it loses the best homage of respect: it approx- imates to the condition of ordinary beings, and it is not to be wondered, it' men, having lost all respect for it, should forget what is 171 still due, from the essence of which it par- takes. But it is no justification, we are aware, of the officers of the coast army, to shew, that the head of the local Government had also his demerits or defects. Their ofFence is not to he done away by any supposed failing of another. It will be sufficient to assert once more, that no defence is attempted. But we may have the benefit of this obser- vation, at least, from the circumstance, that if at this interval, the highest authority of the state could not keep itself aloof from the dominion of passion, that they who had less dignity and place to guard them from yielding to such an influence, may not be too harshly censured from falling into the same excess. It would be useless, and it certainly would be painful to us, to recapitulate all the acts, succeeding one another in a train of necessary consequence, as described in the narratives, already in the possession and recollection of the reader, and which served to teed and keep alive the embers of dis- content. It must, however, be noticed, that at the moment when the agitation of the army was most general, from the con- IT* /5 tinued removal of officers from the service, without any of the forms of trial, the officers at the presidency were invited, in a sort ot mockery of grace, to partake of the banquets at the Government palace. They were bid, and in some instances compelled as it were, to share in these splendid enter- tainments, whilst their hearts were breaking from the deprivations they were condemned to, by the hand which dictated the compli- mentary card of invitation. In insult of their best feelings, they were constrained to sit down with a man, on whom other- wise they would have disdained to look, who was the author, in their apprehension, of all their accumulated wrongs. Thus an in^e- nious contrivance was invented to pierce the heart and soul at the same moment, and to turn the blessings of providence, not into nourishment, but atrophy, or into a pahulam for the passions, that already fevered and consumed the frame. For not attending to this "feast of reason and the flow of soul,*' a promising band of youths were diiven from their military studies, half- prosecuted and half-digested, to spread the liberal doc- trine just communicated to them, far and wide through the army, whilst the veteran 174 was doomed, as it is related, but we cannot bring ourselves to credit the fact, to proceed over a wide track of country, from the coast of Coramandel to the opposite coast of Malabar, from Madras to Goa, before he had shaken off the fatigue, or had relieved himself of the expenses of a long previous march, and was sent undefended or untented, at the commencement of the Monsoon, against " the pelting of the pitiless storm." Other similar practices are mentioned, but these are sufficient for anv breast not har- dened or callous against human suffering. No new contrivances were necessary to draw forth men's opinions, nor were any new means requisite to distend the chasm of disunion between the person at the head of the Government and the individual officers of the army. The measures of Government had the rare operation of turning every heart against it, and had, contrary to common experience, involved the authors and advi- sers of them, personally, in all the odium attached to the acts themselves. It is to be wished that, instead of pushing matters to extremes, and dwelling on the very verge of power, in nice calculation of its extent, a spirit of conciliation had been seasonably 173 manifested, so far as it might have been discovered, without the compromise of any leading principle of Government. Some may think that such a spirit might h ve been shewn, without prejudice to authority, in allowing the proceedings against the Quar- ter Master General to take their due course; or possibly, that this favourite might have been abandoned, even, at a more advanced period of discontent, when it had been une- quivocally understood, that his ministry was odious, and could not be further continued with advantage to his country. It' the opi- nion of the public should be allowed to have any influence on the administration of civil affairs, it should not be neglected or con- temned, it should seem, in the military state. Popular clamour is sometimes delusive, but popular feeling is seldom agitated to any great degree without real and singular causes^ It is always most desirable, that the love and affection of the subject should go hand in hand with his duty. Our history is not without instances, where Majesty itself has yielded, in the surrender of its immediate Servants, in deferenre to the voice of the people. It could surely have been of little 176 reproach to a secondary or derivative Govern- ment to have profited by the example. At the time to which we now allude, no circumstance of much acerbity had arisen to prevent an early and an easy accommo- dation of differences. The commandants of corps, it will be recollected, did not object, nor could they reasonably have objected, to the act of Government, that deprived them of their tent allowances, nor did they remonstrate on the manner, which. was not very gracious, by which that mea- sure was effected. Their complaint, so far as it had the most distant relation to the tent-contract, was bottomed on a part of the report of Lieutenant Colonel Munro, which was thought to be unfounded and calumnious, and which was regarded and treated as that gentleman's sole and undivided act. It is lit that this fact should be rightly and dis- tinctly understood, as much misconception has been entertained of the origin of the discontents of the army, from want of in- formation on this particular point. Hie abolition of the contract, it may be con- fidently said, formed no ingredient in the causes of the temporary disaffection towards the Government. The report alone was 177 supposed to be injurious and adverse to the interests of the army, and it was on that account resented. Whether a just or erro- neous opinion was conceived of it, we are not now disposed to enquire. It is to be lamented, that the merits or demerits of this paper, and the matters connected with it, were not submitted to the determination of a forum, peculiarly fitted to decide on the subject; and when such decision, most probably, would have been the means of averting all the unfortunate occurrences that subsequently happened. But the complaints of the Commandants of Corps were treated with disregard, and the right of constitutional appeal to the Court of Directors, was denied by the Go- vernment, by a positive refusal to transmit their Memorial, complaining of grievances, through the customary channel. This extra- ordinary proceeding was followed by the orders of the 31st of January and 1st of February. The suspension of the Adjutant and Deputy Adjutant General greatly in- creased the discontent, as the principle, asserted in the act, was not partial but universal, and might be extended, at will, to every component part of the army. 178 What was the fate of these officers to-day, might be the fate of others on the morrow. It is not to be wondered, therefore, that a common party should be made, in a sense of common danger, with the officers newly suspended from the service. The suspen- sion of an officer at any time, even under the most flagrant appearances, without affording him an opportunity of excusing or explaining his conduct, cannot but be re- garded as a harsh and severe measure. It is an act of extreme Authority, and ought not therefore to be resorted to, but in seasons of peculiar danger, or in instances of rare and extraordinary offence. To condemn, and afterwards to hear, is the practice not of a defined and limited Government, but of unbounded and tyrannic power. But the exercise of such a right, in so remote a quarter of the world, admitting that such a right lawfully exists, as by analogy it is contended, and that it is wisely and politi- cally exercised in the particular instance, is attended with aggravated circumstances, incident to local situation. It leaves the party suspended at a distance from his home, possibly without the means of support, or conveyance thither, or, if his means be small. 179 there is a chance of their being exhausted on the spot, or of being consumed in the purchase of a passage to Europe, so that he may be set down in a new world, without the power of seeking redress, where alone it is to be found, and where he is to endea- vour to obtain it almost under insuperable disadvantages ; whilst the avenues that approach it are fully in the possession of the enemy. The frequent exercise of the assumed right of suspension, not only forced itself as a matter of general interest on the notice of men ; but led them to inquire on what precise ground a power, so sweeping in its nature, and so intolerable in its application, fundamentally stood. It was found, on examination, to depend more on analog}'*, and nice reasoning, than on declared and defined principle. It is not asserted in the act of George the Second, or articles of war, framed for the government of the Company's Indian army, or in any other public instrument whence the Company's authority is derived, and to which the army might look for necessary information. But though it is not to be discovered in these sources, it is supposed, by those who N 2 ISO exercised the right, to reside in the original power delegated to the Company by the Legislature, to raise and maintain an army ; which would seem of itself to infer, that all the necessary means, calculated to insure the objects of the grant, were at the same time intended, and by implication given. This would have been more clear to common capacities, if there had not been any laws or rules prescribed by the Legislature and his Ma- jesty tothe Company, for the maintenance and discipline of their armies, which appear in some sort to repel the implication, more especially as the signa superioritaiis are reserved to his Majesty, in the privilege declared bv the act, of framing the articles of war, to be established for the govern- ment of the Company's forces. Some jea- lousy might have been reasonably enter- tained as to the grant of so vast a power to a private body of men, and as it might by possibility be abused, and become detri- mental to the King's subjects, this reserva- tion probably was introduced. It is a power, it is to be observed, to be exercised by one description of his Majesty's subjects over another, without any communion with, or reference to, the Executive organ, or the 181 common laws of the realm. That it should, therefore, be subjected to some controul, or superintendance, and that it was meant to be so subjected, by the act of Geo. II. and the articles of war, is no very irrational suppo- sition. It is true, that in the act and arti- cles there is no provision for the dismissal of an officer, but by the sentence of a court- martial. So often as cashiering is mentioned in the articles of war, as often is it de- clared, that it is to be effected by the sen- tence of a court-martial, which would favour an inference, that so penal an act could not be carried into execution, on whatsoever account, unless under the sanc- tion prescribed by the articles of war, in a like case. Yet cases might occur, where it would be desirable to use more immediate means for the discharge of a most dange- rous individual. Such a prompt and sudden remedy is vested in his Majesty, in relation to his supreme command of the national force ; and it has been therefore argued, by analogy, that the right of dismissal is inse- parable from the supreme command of an army. But is there no difference in the two cases ? The power vested in his Majesty is of the essence of the constitution, whereas that of the Company depends on particular 182 and peculiar laws, and must therefore be circumscribed and governed by them. The one is used at home, over subjects in alle- giance the other in a distant and foreign country, over fellow-subjects, who owe no allegiance, strictly speaking, but the duty of servants, yet still remain under the pro- tection of the Crown. The course of rea- soning, therefore, in the two instances, cannot be the same. But if the right of dismissal is, by fair reasoning and necessary inference, in the executive body of the East India Company ; if the right be contended for, on analogy, and parity of principle, it should be bounded by the same wise and discreet fence, which our most gracious Sovereign has voluntarily placed around it, when carried into practice. His Majesty has never, in our recollection, suffered this kingly prerogative to be exer- cised by other than royal hands ; whence justice, tempered with mercy, is ever ex- pected to emanate. What has been ob- served in respect to the right of dismissal of officers, with equal propriety applies to the act of suspension ; which, as a minor, or moderated, employment of the same power, over the same subject, may be sup- 183 posed to "be included in the greater autho- rity. We ave not disposed to consider too rigidly the right of the executive body of the East India Company to dismiss their military servants, or to narrow them in any of the neces- sary means for the government of their armies and extensive possessions. But, allowing them the utmost which they could them- selves claim, we cannot bring ourselves to believe, that any right given to them by the Legislature, for public purposes, and to the due exercise of which a responsibility attaches, can by them again be deputed to be exercised by others at a great distance, to whom the penalty of responsibility can scarcely reach, and over whom all present controul is absolutely impracticable. Such a preposterous position cannot, it is thought, be maintained on any common principle, or even on the anomaly of the constitution of the East India Company. The suspension of the Adjutant and Deputy Adjutant General of the army afforded an instance of as arbitrary a cha- racter as could possibly arise, and tended, accordingly, to raise a general sympathy and indignation through the army. Under the dominion of this mixed sentiment, the 184: officers, at the different stations, proposed a subscription for the support of one of the individuals, whose private fortune was not co-extensive with his Military Desert, and who had fallen, as they considered, a Mar- tyr to a cause, in which all of them were equally interested. The subscription, it is almost unnecessary to state, was instantly filled. The paper, which was to convey the good intentions of the body of the army to the late Deputy Adjutant General, was moulded into the form of a letter, subscribed by a long list of names, and displayed some- what of the feeling, it may be supposed, in which the subscription had been dictated. The proceeding is thus particularly described, as it is stated to have given peculiar offence to the Government. It is certain, that seve- ral officers were afterwards suspended for having subscribed it. The great feature of offence, if offence it were, was the combination of parties to supply an individual with pecuniary resour- ces, which, among other purposes, might possibly be applied the recovery of his suspended rights. But the supply of money was an innocent, if not a commendable act, unless attended with some obnoxious txtrin-? 1S5 sic circumstance. Now the letter announc- ing the subscription was considered of this latter quality. The letter, however, was of a private nature, and was addressed per- sonally to Major Boles, and not intended for general publication. It was not framed, therefore, for any purpose of defiance to Government,, nor was it calculated to that end.' It passed, however, by accident into the hands o;f the Governor, and was con- verted into a fresh reason, as has already been remarked, for the suspension of several other officers. But tiie paper, under consideration, was only a consequence, and a remote consequence of the subscription, which must be regarded as the primary offence, if any such can be inferred. Subscriptions of alike character, it may be noticed, were not entire novelties in India. A very memo- rable one must be in the recollection of every military i nan, having many of the distinctive features which are recognisable in this subscrip tion. It was raised on the behalf of an ofr* t cer, who had been dismissed the Company's service, by an order from the Court of J directors, for alleged causes, that had been investigated, previously, by a 186 Court Martial, and of which the party had been acquitted. It was esteemed, as natu- rally it might, if not an arbitrary, at least a most rigorous proceeding;* and gave rise to a subscription, general throughout the army, to provide the dismissed officer, as in the case of Major Boles, with an annual amount, equal to the pay of which he had been deprived. This was not a private pro- ceeding, but was countenanced by every field officer of the army, and was promoted, with a great deal of zeal, by the Commander in Chief for the time being. So that a pre- cedent was not wanting to justify the measure itself, whatsoever may be objected to the manner in which it was brought about. That there are passages in the letter, which might properly have been omitted, cannot be denied. Yet it is impossible that they will admit, without putting a violent and outrageous construction on them, of the harsh interpretation given to them by the Indian governments. If by any possibility it * The Reader will be glad to le;irn, that this severe and unpopular act of the Court of Directors was afterwards most judiciously rescinded, when its effect was known, by a voluntary and gracious recommendation of the Court itself, to the body of the Proprietors at large. "Would that the liberal policy of this decision, had been recognised by their servants abroad ! 187 can be supposed, that the last paragraph conveys the sense of a declaration of ad- herence to one another by the subscribing parties, the spirit of it, it must be under- stood, is confined to a particular case, of an officer suspended for obeying the orders of his Commander in Chief, and such could not be expected very often to occur. The adherence cannot be tortured to a greater extent and the guilt of it, if any, must depend on the justice of the Act of Suspension, which is not to be taken as defined by the mere exercise of the act, but is to be declared by the decision it is afterwards to receive. The act is even now sub-judice, and may be affirmed or not by the power to which it is referred, as well by the Government itself, as by the parties suspended. The first blush of the paragraph shews an anxiety in the writer or writers of it, to make the bounty- tendered agreeable to the object of it; by stating, that it is such a relief that ought to be accepted, and that is claimable under like circumstances, by every member of the army of his common brethren. It is scarcely possible to put another construction on it, unless it be taken in a most illiberal sense. It appears to be an effort and expression of delicate and refined benevolence ; it mighf 188 have been made and uttered, perhaps, in a way less liable to exception. But the intent must be examined, and not merely the deed. It was not resorted to, as has been explained, as a weapon of annoyance to the Government or anv other, but as an instrument of peace and comfort to an indi- vidual ; not meditated as an act of public wrong, but an exertion of private good- will; a manifestation of a kindly attention to a comrade struck off from their society, and thrown helpless, without any acknowledged or investigated crime, on the charity of the wide world ! The intention of rectitude will not be refused here, when it is willingly granted to those, who urge, with a boastful ostentation, daily subscriptions for suspected Patriots, who are smarting, horrible to relate ! under the cruel and overwhelming pressure of the successive and unsparing verdicts of their country. At the time that the letter to Major Boles was in circulation, it appears, that a memorial,* stating the aggregate grievances of the army, intended ultimately to be pre- sented to the Supreme Government, was also submitted and proposed for general sig- nature. Whether this paper might have * Appendix I. 189 received the approbation of the great body of the army, or have been sta\ed in its pro- gress by the expression of dissent on the part of numbers, to whom it might have been afterwards offered for signature, can- not now be ascertained. It was interrupted in its inchoate state, and no place of repen- tance was allowed between the time of the intent, and the proposed point for the exe- cution of it. This paper was put into the possession of the local Government in an imperfect form, and without a single subscription appearing at the foot of it ; and was for- warded in that condition to the supreme Government of India. These acts, or half-perfected acts, occasioned, as has been intimated, the sus- pension of several officers from the service, and of many more from their staff and army appointments. As these removals, like the former, took place without any formal or known investigation, they served, of course, to swell the breath of discon- tent. The orders, directing these sus- pensions, were published on the 1st of May;* and state the causes, though not very dis- tinctly, why the respective parties, the * Appendix M. 190 objects of the orders, had been severally marked as examples to the army. But the facts, it will be kept in mind, out of which these causes were asserted to arise, were par- tially assumed by the Government, and which the persons whom they concerned were not permitted to question or deny. These orders also, in a kind of gratuitous invective, arraign the conduct of General Macdowall, the late Commander in Chief, who had been deprived of that situation, before any acts to which these orders have reference, had been contemplated by the au* thors of them. Neither this nor other cir- cumstances that occurred about this period, and which have been described, most par- ticularly, in the preceding letters, abated the agitation which seemed to be felt throughout every part of the coast army. While the whole body was thus convulsed, it was not to be expected that any wise and temperate suggestion should proceed from any of its members ; and, unfortunately, the condition of civil society, giving credit to the accounts in the correspondence, was in a state scarcely less irritated. So that, instead of the one being a corrective, from social contact, of the inflamed disposition of the other, through the instrumentality of 191 advice and example, they administered only countenance to each other, in the descrip- tion and comparison of their supposed wrongs. Certain of the suspended officers, and more especially Major Boles and Colonel Martin, were refused, it may not be too much (at this day) to say, on idle pretences, to proceed to Europe, though they had respectfully requested leave to embark. They were afterwards allowed permission ; nay, one of them was actually ordered to go cir- cuitously to Europe, at a time, and in a way, not convenient to him, without any altera- tion in his condition, since the date of his request. It is to be remarked, that in the interval, Mr. Buchan, the Secretary to Go- vernment, had been dispatched to England, for the purpose, as it was generally believed in India, of affording an ex-parte statement of the differences that had arisen between the Government and the Army. In this unfortunate posture of affairs, men freely expressed to each other their common injuries, and communed together, whenever they met, on the most advisable means of redressing them. It will create but little surprize, that these accidental 192 meetings led subsequently to regularly - appointed assemblies, and, as a natural eon- sequence, from the inconvenience of dis- cussing matters in extensive bodies to the formation of committees, entrusted with the direction of the affairs and interests of the body at large. This, however, is not a simple operation, and was not here the work of a single day. The danger of such a confederacy, in such a state of things, must have been foreseen by a Government, that did not entirely shut its eyes to sur- rounding events, or its heart to the effects, which were likely to result from them. The most striking incidents described in the nar- rative, happened between the months of January, 1809, and of July in the same year. Between these intermediate dates, it will be fit to inquire what the local Govern- ment had attempted, with a view to conci- liate the minds of the discontented, or to convince them of their error. It need not be observed, that, it is the duty of every well- constituted Government, to prevent the evil consequences of error, rather than to dis- play its power in punishing it, when it has grown into actual offence. Now what was the preventive caution of the Madras Govern- 193 ment ? What the means which it employed in this most delicate situation? We are concerned to state, that it docs not appear, from any thing that has come to our knowledge, that any shew even of conciliation was affected, or any measures of wisdom adopted, either to eradicate any erroneous opinions entertained, or to guard against the probable effects of them. All the reliance of the Government seemed to be rested on its power. Every act of grace was discarded from its policy. All its busi- ness was the fabrication of orders, expres- sive of its own strength, in the principle of its constitution, or of devising stratagems, indicative of its weakness in reducing the principle into action. Hence proceeded a variety of orders to the army, " full of sound and fury," and of acts, " signifying nothing." The brut um Jul men against General Macdow r all, after it was known that he was without the hearing of it, though the orders of the Government were announced under the artillery of the Fort, was not formed to claim the character of vigor, to which it unfortunately pretended, though it was accompanied by a command, at the o W same moment, for the dismissal of the Ad- jutant and Deputy Adjutant General of the Army, for obedience to the authority of the repudiated Commander in Chief. The act of suspension of an officer of the latter rank, without the dull, cold, tedious, pro- cess of inquiry, was not considered to be singular enough, without giving him the company of his immediate staff. Cool de- liberation and reflection, sanctioned by public opinion, might afterwards have ad- vised, that the supposed injury of the Government might have been atoned by the punishment of the principal, without any visitation of the accessories, acting under the orders of their legitimate Head, and in a known course. Such counsellors, and such advice, were not likely to intrude on the visions of proud and inflated superiority. It was only necessary, in the prevailing system of action, to issue commands, and to exact and enforce obedience. To the orders of the 31st January and 1st of February, were added the subsequent ones of the 1st of May.* We purposely pass over the mediate mandates, dismissing and dispersing a variety of officers from the Piesidency, for thp high crime and misde- * Appendix M. 195 meanour of not privately admiring the so- ciety of the protege of Government Lieu- tenant Colonel Munro ; as if the affections and courtesies of men were to be regulated by the tat of the drum. The last- mentioned orders, like the preceding, laid the defalcation in the, duty of the army at the door of General Macdowall, who had been the cause, as it was insinuated, why any doubt was entertained of the supremacy of the civil Government, in military as well as general affairs ; a doubt that might have been the parent of the succeeding acts of in- subordination, which these orders deprecated and punished. Happy had it been, if even at this date, though it had tardily presented itself, the idea had occurred, that as the guilt had been principally, nay, almost wholly assigned to the agency of the Com- mander in Chief, for the sake of the high example, the punishment might be confined to him. No; it was thought that the dig- nity of place was better consulted by adding a long list of names to the scroll of the proscribed. It is difficult to view the conduct of the Government, just at this interval, with- out some compassion for its weakness, o 2 196 Anxious to make a display of its greatness, it fell, as the correspondence shews, into the meanest arts for impressing it. Loth to discover any symptom of grace, at the com- mencement of the differences, it suspended, without any urgency, the Commander in Chiefs staff; and when it perceived even that this measure produced a general disgust, instead of voluntarily repairing the appa- rent, or imagined injustice of the act, by a gracious restoration of the suspended officers to their former stations, it truckled and bargained with the only remaining gen- tleman on the spot, for the purchase of his restoration, at a price which he would not condescend to pay for it the admission of a fault, of which he was unconscious. The reader will observe, that we are alluding to the coquetry, first of a Member of Council, and then of General Gowdie, in order to induce Major Boles to re-accept the office of Deputy Adjutant General, on the easy terms of an apology ; which that very con- scientious officer, though urged to it by numberless near and tender motives, had the magnanimity to disdain. Beyond these orders, and some con- trivances, not very remarkable for the 197 policy in which they originated, we have heard not of any active measures pursued to quell the rife spirit of discontent, or to obviate the ills that might possibly flow from it. On the devices, adopted on this occasion, we shall be excused from dwelling at any length. Though they were new, they are not very interesting ; and though some of them were successful, the success does not seem to make amends for the sacrifice made of the principle in the means adopted for the attainment of it. The first of these was, the experiment (and how mortifying must have been the issue ?) to ascertain how much the person of the Governor was held in disgust by the individual officers of the army. Hence proceeded the invitations, the rejected invitations, to the Government House, which men, rather than accept, abandoned eligible situations, lucrative em- ployments, advantageous society every thing but honorable sentiment and exposed themselves, we blush to write it, to un- healthy and destructive climates, to com- parative penury, and to the confinement of their own houses. The next experiment, though some- what later in point of time, was as complete 193 in its discovery, as the antecedent one, and perhaps equally as mortifying. This was made, through the medium of the test, directed to be administered to every officer in the arm>', which was the immediate cause of demonstrating, that the Governor, if pos- sible, was as little regarded as the man. About 400 officers are said to have refused their subscription to the test, not so much, it is added, on account of the letter or spirit of the instrument, but the extreme obnoxious instructions with which it was accompanied, and of which every officer was duly informed, before he was desired to subscribe it. If it were the intention to obtain, generally, the signatures of officers to the test, which scarcely can be imagined, the manner of requiring it was the most clumsy, ungracious, and inefficient that could have been counselled. But we have not hitherto had the pleasure to observe one act of the Government blending any sign of grace, with the principle of authority. There are one or two measures, indeed, that we shall take the liberty to mention here, which grew out of this unnatural state of things, though not exactly in the order of time in which we have hitherto con- 199 sidered events, but which must with justice be acknowledged, as having completely answered all the expectations of the head which planned and advised them ; we refer to the stratagem of detaching the King's from the Company's officers, whom they had shewn more than a disposition to espouse, and to the various schemes prac- ticed v\ ith particular corps, and through par- ticular agency, by promises and bribes, to alienate the minds of the native soldiery, for a while at least, from their European officers. Of the prudence and wisdom of this latter act we forbear to speak at present, though it may be shortly adverted to hereafter. Besides these remarkable and noticeable, transactions, we are unadvised of any pub- lic measures that were embraced by the Madras Government, at this awful and eventful conjuncture. The supreme Govern- ment communicated, as it seems, during this anxious interval, with the local Govern- ment of Fort St. George, but made no effectual effort to assist it further, than by issuing long and laboured instruments, commending and confirming all the proceed- ings, without a single exception, of the subordinate Government. 200 It may be expected that some notice should be taken, in this place, of the cele- brated letter of Lord Minto, under date the 27th of May, as it has been treated by some persons in India, and even in this country, as a composition of peculiar excellence, and most happily adapted, as it is said, to the time at which it was written. That the high character given to this production may not operate as a species of imposition on plain and incurious judgments, it may not be unseasonable to inquire into the intrinsic merits of it, in order to ascertain whether it be entitled or not to the repu- tation it has acquired. The intent of this paper is ostentatiously declared, at the first opening, as the appli- cation of a " Restraint, or Check, to the Progress of Error," by the " Promulgation of sounder principles." It is written with the express design of discountenancing all deliberation in the army, and of rendering it subordinate and subservient to the will of the executive Government. It inculcates on principle s, which we have no inclination to controvert, the most pure doctrine of passive obedience in general military con- tingencies, with certain modifications as applicable to particular cases. In an official 201 writing of this description, it is to be ex- pected, that any statement of undefined prin- ciples, or any application of them to doubt- ful and questionable premises, should not find a place. But it is to be remarked, that throughout this long and laboured paper, there is scarcely a solitary allegation that is not questionable, in point of fact, or any one deduction that is not more than questionable in point of reason- ing. It sets out with a string of truisms, in respect to military combinations, so trite, that the merest military proficient could not be ignorant of them, though they are pro- mulgated in the language of the noble author, for the information of the profession! It then proceeds to examine the acts of the Government of Fort St. George, as con- nected with the preceding transactions. The first circumstance noticed in this extraordinary document, is an alleged me- morial* of the officers of the Madras army ; a paper which is every where considered, by Lord Minto, as an authentic and perfect instrument in all that it purports to be ; whereas, at the commencement of the letter, it is described by his lordship, as a proposed memorial to the address of the Governor * Appendix I. 202 General; and might, or might not, accord- ing to subsequent circumstances, have been completed and forwarded to that address. Until, however, it had come into the Gover- nor General's hands, in that ripe form, and in that official way, it was not on any fair principle to be held in the light of a regular and formal document, so as to involve the writers of it in the responsibility attachable to it as an act fully executed. Any other consideration of it cuts oft from those, who may have rashly meditated a deed which prudent council and reflection shews to be erroneous, the desirable opportunity of tra- cing back the first step towards crime. Though the intended memorial cannot be a subject of commendation, it does not appear to be so offensively reprehensible, a3 it is stated by Lord Minto, nor is it replete with all those flagrant and mischievous prin- ciples, with which it is declared to abound. It is assumed in his Lordship's letter, to be the main aim of the memorial, to assert the right and privilege of the army, to cashier their Governors at will, whilst the whole tendency of the memorial, as it is called, is to endeavour to prevail on the Governor Ge- neral, by the representation of many harsh 20- acts of the subordinate Government, to exercise the authority resident in him, and not foolishly supposed or pretended to be in them, to rescue the army from similar occur- rences, injurious to the State, and hurtful, as represented, to the universal feeling. It is intreated that this may be done by re- lieving them from the controul of their pre- sent ruler ; but the memorial presumes not to dictate in what manner it should be executed; whether by suspending the whole authority of the inferior Government, or restraining it within its ordinary bounds, so that it could no longer press on the affairs and general business of the army. It is no where suggested that the armyhad any inclina- tion, much less any right, to redress their own detailed injuries. But, on the contrary, the whole bearing of the memorial tends to seek redresss, we wish to say nothing of the language in which it is sought, atthe hands of the Governor General, and through the medium, for it could not otherwise be at- tained, of the verv Government of Madras. Where, then, are we to look for the dan- gerous doctrine that the Governor General lias conjured up to terrify himself and others ? unless it may be thought to lurk 201 under the expression, broadly intimated, of an intent of the best part of the army to resign a service, rendered intolerable and disgusting. This paper is again misinterpreted, when it is stated, as in the Governor Gene- ral's letter, that it claims a further right and privilege, on the part of the army, of hav- ing a representative in council. But where is such a claim set up? Certainly not in the memorial ; and therefore all the learned argument, built on this assumption, all the illustration of the military condition by many beautiful allusions to maxims bor- rowed from the civil constitution, tumble headlong to the ground. There is a pro- fusion of good writing, and good principle; but it is out of place. A general concern is expressed in the memorial but this is all that the army have not a representative, as it is described, perhaps not very accurately, in the Council of Fort St. George, as for some years, previously, they had, to which circum- stance is imputed a great part of the griev- ances of which they complain. If a mili- tary counsellor had been present at the public consultations, it is imagined, from his know- 205 ledge of military practice and feeling, that many of the grounds of complaint would not have arisen, and which at length had made it necessary, as it is added, for the memorialists to implore the " gracious inter- position of the Governor General in Coun- cil." The appeal is made here, as in the former instance, not to any fanciful right in themselves, as again misrepresented, but to the actual authority of the controlling, or Supreme Government. Why are all these fearful phantoms created, except to show the power of the mighty magic that can lay them ? To the secondary grievances, stated in the memorial, the letter next refers, and which are described to have arisen out of the release of Lieutenant Colonel Munro, and the suspension of Colonel Capper and Major Boles. The first is alleged to be an " act of grace," and some wonder is expressed that such an act should have occasioned any thing but good will. But if it be an act of grace, it is of a very novel hue, unless the phrase shall be taken to have simple refe- rence to Lieutenant Colonel Munro; there can be no doubt cither of the intent or 206 operation of the act to that individual. It was but too plain to the army to observe, that this was a studied compliment to him. But what was an act of grace to Colonel Munro, was an insult to the feeling and understanding of the general body of the army. Why scoff them, therefore, with such terms at the very time that the door of justice is rudely closed in their face ? While the fancied wrongs of the one are promptly remedied, the injuries of the other, loudly, but decorously preferred, are dismissed unin- vestigated ? That specious distinctions were made in the two cases, is allowed : but, in despite of all subtilties, it is plain, that the question was with Colonel Munro, and the Com- mandants of Corps, and not between the former and General Macdowall, as Com- mander in Chief, to whom it is shifted in the letter of the Governor General. Nor was the matter entangled, as is also ingeni- ously inferred, with any fine-spun niceties respecting the power of a subsequent Com- mander in Chief over the acts of his pre- decessor : nor was any difficulty presented by the circumstance of the report out of which the charges arose, having been 207 approved by a preceding Commander in Chief or if it had been approved by one hundred like authorities. All these conside- rations are foreign to the purpose, though they are all pressed in the letter, with much anxiety, as if they were strictly in reference to the subject and numberless shewey arguments are drawn, adapted to the peti- tioned premises, but not apposite to fact as they stood. The report, it is fair to con- clude, was taken, when it was originally delivered in, to be true in all its tenour; but if it were not so, in point of fact, it could not become so by any subsequent appro- bation proceeding from any source however high, or howsoever often confirmed. If such report, in any of its statements, worked an injustice to any individual or body, it was his and their right, the moment such injustice was felt, to complain and to be heard, so that the complaint was made through the proper channel. The autho- rities who adopted the report, approved it only in so much as it was conceived to be correct, and as it appeared to hold out a just opportunity for an economical arrangement. They viewed it in no other light than as an ex-partc statement and, as such, liable to 208 be arraigned, if it interfered with, or in- fringed upon, any private interest. An accredited officer, it may be admitted, and, on the reasoning of Lord Minto's letter, is protected, in all his measures within the scope of his employment ; but it cannot be denied, in the resulting conclusion, that if he exceed, and step out of the boundary of his commission, wantonly to inflict an injury, that he must answer for it to the, offended laws of his country. The authorities, under which he acted, are not disgraced by his responsibility ; for they had no share in his offence. They desired legitimate proceed- ings ; if they be otherwise, it is not their reproach. Nothing is decided here, God forbid ! in respect to the conduct of Colonel Munro but a general principle only is laid down. It is contended that, as certain charges were alleged against that gentleman, by certain avowed prosecutors, preferred in the usual manner, and in prescribed time, and to a competent tribunal, peculiarly appointed by law to take cognizance of the offence embraced by the charges, that no power could lawfully take him without the hands of that tribunal, until he should have been duly delivered of the charges. It was 209 competent to Colonel Munro, of course, to urge all or any of the matters stated, referring to his official relation, either in justification or excuse ; and it would be injustice to the military court to suppose, that it would deny him the advantage arising from any exculpatory evidence. But it is absurd to conclude, that he should commit a possible offence, without any possible punishment. The constitution knows not but of one, who is superior to all question ; we have never, till this instance, heard of the same exemption having been arrogated by any other. All that is insisted on in the memorial, is, that Colonel Munro was not above" the law whether it could reach him in the particular charged, was a mattter to be determined it has never yet been deter- mined. All the argument in the letter of the Governor General will not overturn, in our humble opinion, the simple statement of the fact, to which we have almost wholly confined ourselves. Lord Minto, having defended the Government of Madras, for the unprece- dented act of the liberation of Colonel Munro from his arrest, criticises, in the most p 210 free, and, it may also be said, the most inde- cent terms, the conduct of the late Com- mander in Chief, in having dared to censure, in public orders, the minion of the local Government. At the time when his Lord- ship reprobates the act of General Macdowall, he was acquainted but with one of the grounds on which the General's censure was founded the supposed and military appeal of Colonel Munro to the civil power. Nei- ther his Lordship, nor any other party, could have known the particulars of the personal disrespect shewn by the Quarter Master General, to his immediate Commander in Chief, stated in the general orders of the 25th of January, as the primary and most striking feature of the offence. To pass, therefore, an indiscriminate sentence on General Macdowall, who had been unheard, and whose conduct had not been sufficiently- understood, gave a practical gloss to the transactions on which his Lordship w r as commenting, and which the army, at least, imagined to be governed by a narrow and party spirit. Of the order itself, little need be said but that it was supposed by Lord Minto, as well as Sir G. Barlow, to have a tendency to implicate, in an indirect course,, 211 the act of Government, as connected with the release of Colonel Munro. But the General is not to be condemned for aiming at his victim, merely because the shadow of power chanced to rest upon it. Not intend- ing here to enter on the defence of the General, wc shall advert briefly to the effect of the order, when published ; which was, the suspension of the Adjutant, and Deputy Adjutant General, from their respective offices, and from their rank in the service ; and for the avowed and sole cause, of their having given publicity to the order of the Commander in Chief. To the exercise of this power by the Government of Madras, the letter subsequently refers, and considers and approves it in unqualified terms. It seems somewhat curious, as the letter of Lord Minto appears to have been written with the direct intent of restraining all deliberative propensities in the army, that the suspension of these officers should be defended on the ground that thev did not deliberate as, it is argued, thev ought. Jt is generously admitted in the letter, that subordinate officers, generally speaking, are obliged to obey the orders of their superiors, without presuming to question them. But p2 212 then the rule is liable to a certain relaxation ; and the ex ion :hat they are not obliged to shew obedience to order ; of which description th r under consideration is alleged to be. But why is the order supposed to be illegal ? Not certainly from the source whence it flowed. It is admitted that General Macdowall, at the instant, was in possession of the office of Commander in Chief. But it is said, that the illegality lay in the body of the orders. It was plain to see, as the letter argues, that Government was tacitly reprimanded in the reprimand overtly given to Colonel Munro. But it requires more sagacity than we are possessed of, to espy this purpose in the order taken by itself. But it seems, if we may credit the letter of the Governor General, that there had been a direful misunderstand- ing between the Government and General Macdowall, and that many sharp retorts had passed between them ; or, in the words of the letter, " that there was a warm and '* vehement discussion between the Com- " mander in Chief and the Government." And it is stated, that it was impossible that these things should have been unknown to 213 the General's Staff and thence it is con- cluded, that they should have refused the direct order of the Commander in Chief. Now, what is all this but ascribing to men a knowledge of facts, of which they might have been utterly uninformed, and claiming a right to punish them for their ignorance ? Nay, further, if this passage in the letter means' any thing, it would convert the Ad- jutant and Deputy Adjutant General into Judges of the warm discussions of the Government and Commander in Chief, to decide not only who was wrong but to debate on all their public acts, in order to ascertain whether they were tinged or not by the spirit of their private feuds. This would seem rather a novel way of support- ing authority, or of carrying on the con- cerns of an army. But this is seriously insisted on at the time, when obedience and non-resistance is preached to the orders of superiors ! Never, we believe, was mixed together such a strange compound, of what is right in principle, and erroneous in application. We subscribe most readily to the recognized doctrine, that men are not obliged to obey an illegal order. But we should be very tender 214 in carrying this doctrine into the camp ; lest we might involve military men in difficulties, where they have not many, or very ready means of extricating themselves. If the orders in question were to be taken as a pre- cedent, it would require not a little nicety, or special pleading, in the examination of the commands of superiors. The time for action would be consumed in deliberation on the import of the orders received, and all the circumstances related with them. If we have any just conception of the real extent f the rule, we should deem it to be narrow indeed, and it has become fit that it should be defined and well understood. The ille- gality of an order, as we consider it, must be collected not from the letter or phrase- ology of an order, but from the thing com- manded to be done. If that be plainly and manifestly illegal to common capacities and understandings, the order ought not to be complied with. For the sake of illustration if a soldier were ordered by his officer to fire on a quiet, peaceable, and unoffending citizen in the street it would seem to re- quire no great intellect to understand that he ought not to obey the command or, if he Were directed to rob a house, if such a 215 direction could be supposed to be given In cases like these, disobedience would not only be excusable, but commendable; but we can hardly think, in cases less clear and perspicuous, that any subordinate military agent would be justified in disputing the au- thority of his principal To argue that an inferior officer should look into the construc- tion and recondite meaning of every sentence in an order given to him to execute and con- sider all its bearings, with his knowledge of supposed circumstances having reference to it, seems a bold undertaking, and not hitherto to have occurred to any man in the possession of ordinary sense. As the address to Major Boles has been noticed in an earlier place, arid the nature of it considered at some length, we shall not resume the subject, though it is one of the leading topics in the Governor General's letter. What we have before said, will be a sufficient answer on this head ; and we are anxious to dismiss the paper before us. Whilst the two Governments, instead of pursuing measures suitable to the ends of their avowed policy, and calculated to in- spire a prompt submission to their behests, were busily employed in arguing with the 216 passions, and writing and beating down, as they supposed, the pretensions of their discontented military servants, the latter were allowed to brood over their original grievances, till they were habituated to the employment, and which derived a fresh interest every day by the occurrence of new incidents. If the mind grew frantic at last, by ruminating without interruption on the accumulation of real or imaginary evils, it v\*i]l not be viewed, we are certain> either by the philosopher or statesman, among the number of supernatural effects.. We are constrained to remark, that the conduct of the discontented, at the close of the month of July, underwent a most mate- rial change. It was no longer distinguish- able, as heretofore, for passive obedience, but impatience of all controul. It became offensive to Government, by demanding a revocation of its acts, and at last, in defying its authority. They who know how easy and imperceptibleare the transitions from one extreme of passion to the other, will not be surprized at the quick succession or order of their events, according to the different de- grees of irritation. However we may be grieved in recording the fact, we shall not 217 attempt to deny that, in the sequel, the majority of the officers on the establishment were involved in a most unquestionable state of mutiny. The unhappy excesses into which they were successively hurried, we should have no pleasure in retracing, nor would the reader take any delight, we are assured, in re-perusing them. We shall be more* readily excused in passing over them as speedily as we can, since they are truly and circumstantially set forth in the fore- going pages, with their immediate causes, and eventual effects. Though a justification cannot be offered for them, they are not, as we must contend, wholly without apology. The provocation, as has been explained, was neither simple nor light ; nor were the ulti- mate steps retorted to, for the redress of their wrongs, though most indefensible in themselves, attended by any ferocious or daring incidents, or directed with any other aspect than the remedy of their supposed injuries. It does not escape us, that the greatest possible offence of a military na- ture, is that which is now under our con- sideration. The framers of the military code, seeing how men, acting generally in a body, may inadvertently fall into this heinous 218 crime under the impulse of passion, unless restrained by checks always present to them, have exhibited peculiar pains to guard against the completion of the offence, by declaring it to be a crime of no secondary quality, in any officer who does not do his utmost to prevent it. To what moral consideration then is the conduct of those liable, who assume the full exercise of military supre- macy, and consequent responsibility, if they neglect to repress acts having a manifest ten- dency to insubordination, by the seasonable introduction of the strong arm of power, but stimulate to further excesses by paltry and petty provocations ? If the natural checks were wanting here, that were intended ever to be present, and if, from the absence of these, crime has been permitted, which might not otherwise have been consummated, it may amount, by no forced construction, to a partial extenuation of the offence. But if, in addition to this, the temptation to the offence was as strong, as the preventions against the commission of it were weak, the apology for it would become in proportion less difficult and fastidious. They who consider the grievances, singly and separately, under which the 219 coast army conceived itself to labour, may be unable to descry any one grievance of sufficient magnitude to threaten the awful events which have ensued. But a succes- sion of trivial injuries, as they seem to evince a fixed temper of injustice, so they seldom fail to stir up a resentment and resistance, in which the intrinsic merit of every indivi- dual 'act is lust in the sum of the whole accumulative account. If insult, too, ac- company the most insignificant act, it gives to it a distinct feature, and lends a frown to it almost challenging defiance. Thev who have concluded, from what they have yet known of the late transactions on the coast of Coromandcl, that no adequate causes existed for the occurrences that have unfor- tunately taken place, may perchance forego a part at least of their previous opinion, on a re-examination of the events as they arose. It is deeply to be lamented, that the reiterated complaints arising out of the de- tailed grievances of the army, were either miserably misunderstood, or the probable consequences of them much underrated or misconceived by the Governor General of India : or it would seem that it should have 220 l^een among the first measures of his policy, to have introduced the presence of the su- preme authority in the seat of disaffection. The crisis of the times was difficult, import- ant, and sufficiently knotty to demand this extraordinary interposition. There were causes enough of dissatisfaction. The cries of complaint were loud enough to have roused almost the dead. But the Governor General did not awake from his trance until the. flood of discontent had rolled from the coast with a stormy violence into the many mouths of the Ganges. Of the value of a sage, temperate, and respected Mediator, at a tempestuous moment like the present, to compose the swelling surge, no one can form perhaps too high, or too favourable an estimate. Ac veluti magno in populo cum saepe coorta est f the Governor General of the 25th Sep- tember. The principle on which it proceeds may be best understood from the language of the order itself, in which Lord Minto thus expresses himself: 23S " The principle I have thought myself at liberty to adopt has been to limit the number of punishments, since impunity cannot be general ; and to mitigate their degrees to the utmost extent of lenity, not entirely incompatible with the public good, and the indispensable demands of justice. " In the execution of this principle, it has been necessary to make a small selec- tion from a great mass of delinquency, all subject in strictness to the penalties of the law; and that such a choice should nei- ther be capricious nor subject to the sus- picion of partiality, I have adopted general criterion s, the principles of which are manifestly just, and the application of which to particular cases is subject to no difficulty. " The first ground of selection is the commission of some overt act of rebellion or mutiny, such as seizing on fortresses, or public treasure ; actual hostility against the troops of his Majesty, the Company, or its allies; quitting the station allotted to troops without orders, or the refusal to obey the orders of Government. " This principle of selection would 239 f< liberate a considerable proportion of the " army; but it would involve a much greater (C number than it enters into my views to ops 'rom the garrison of Masulipatam, without the orders of Major General Pater, commanding the northern division ; and directs, that any troops who may have marched from Masu- lipatam without due authority, shall return forthwith to that statio ;, on pain of being considered to be in a state of rebellion to the government. A. FALCON AR, " Chief Secretary.'' " GENERAL ORDERS BY THE HONOURABLE THE GOVERNOR IN COUNCIL. ' Furt St. George, Aug. 12, 1S09. w The course of proceeding followed for some time past by the officers of the honourable company's army at this presi- dency, has obliged the government to adopt the most decided measures for the preservation of the important interests com- mitted to its charge. These proceedings may be stated to have commenced with the transmission to the government by the late commander in chief of a memorial addressed to the honourable the court of directors, dated January, 1809, and signed by a large proportion of the company's officers. Although that paper exhibits claims of an ungrounded nature, and contains observa- tions equally improper and unjust on the orders of the honour- able the court of directors and the government, the governor in council was induced to permit it to pass without the serious norice which it appeared to demand, by a confidence in the dis- cipline of the army, and a persuasion that the objectionable passages in the memorial were inadvertently and unintentionally introduced. " The subsequent conduct of the commander in chief forced the government to vindicate its authority, by a signal example of punishment. It was well known to the company's officers, that the whole of this proceeding was referred to the supreme govern- ment, and the authorities in Europe; that it would receive v 2 2 SO APPENDIX. from their wisdom a decision conformable to the soundest principles of reason and justice : and that its discussion could not belong to the cognizance of the army, who are precluded from becoming a deliberative body. Notwithstanding these considerations, the governor in council, anxious to remove every cause of misunderstanding relative to a measure of so important a nature, published an order, dated the 31st January, explaining to the army the grounds on which it was adopted. The gover- nor in council had a right to expect, on the most obvious grounds of discipline and respect for the laws, that the question would have been permitted to rest here, and receive its final reward from the only powers competent to decide on it : and it was with feelings of equal surprize and concern he learned, that a memo- rial to the supreme government, of the most intemperate de- scription, vvascirculated in the company's army. " The governor in council, desirous to avoid a recurrence to measures of severity, and persuaded that it was sufficient to apprize the company's officers of the improper nature of the proceedings, to induce them to desist from their prosecution, authorized the commander in chief to issue a circular letter, dated the 5th March, 1809, explaining to those officers the impropriety of their conduct, and calling upon them, by the most powerful motives of duty, allegiance, and honour, to abstain from such unjustifiable measures. A letter from the right honourable the governor in council, dated the 20th Feb. 1S09, approving of the steps adopted by the governor of Fort St. George, with respect to the late commander in chief, was also circulated to the army, in the expectation that the senti- ments of the supreme government would have suppressed the spirit of faction and insubordination which prevailed. These letters appear to have produced no effect ; the memorial to the supreme government made further progress ; and an address to Major Boles, an officer under sentence of suspension, written in language of determined sedirion, was circulated in the army, and forced upon the notice of the governor in council, by a com- pany's officer, holding a confidential situation on his staff the governor in council was still induced to pursue a system of for- bearance, by the sentiments of affection and respect which he was disposed to entertain towards the company's officers ; and by a cpnviction that the principles cf zeal, discipline, and national attachment, by which he supposed they were actuated, won: i lead them to relinquish the reprehensible measures in which ihey were engaged, on being made fully acquainted with their impropriety and danger. The comman ' in chief, accordininv, under the sanction of the eove: issued a APPENDIX. 281 second -circular letter, dated 10th April, 1S09, again calling upon the officers of the company's army to adhere to their duty, cor- recting. the erroneous opinions which they had received, regard- ing the powers of government, and describing the unjustifiable nature and dangerous consequences of their proceedings. The governor in council learned, with deep regret, that these mea- sures of moderation, these repeated and urgent appeals to the discipline, duty, national attachment, and professional honour of the company's officers were entirely nugatory; that the memo- rials continued to be circulated, and that sentiments of sedition were openly declared in many parts of the army ; the further forbearance of the government would have encouraged the progress of those evils ; a course of explanation and exhortation had been pursued in vain, and it became imperiously necessary to check, by a salutary example of punishment, a spirit of insubor- dination that threatened the most dangerous consequences to the prosperity of the empire. The general orders of the 1st of May last were accordingly passed. The governor in council is concerned to state, that this example, which was confined to the persons who were principally instrumental in promoting sedition, and of whose delinquency the most ample proofs existed, and which was intended to obviate the necessity of more extensive punishments, failed to produce the beneficial effects anticipated from its adoption, and that principles of insubordination and sedition continued to prevail among the company's officers, if possible with aggravated violence : the company's officers of the Hydrabad subsidiary force, whose good conduct in refusing to affix their signatures to the seditious addresses, had received the approbation of the government, intimated to the rest of the army, in an address dated in May last, scarcely less repre- hensible than the papers that had incurred the animadversion of the government, their participation in the disaffection which prevailed so extensively in the company's army. " The officers at Hydrabad followed up this act, by threat- ening, in an address, dated 15th June, transmitted direct to the governor in council, to separate themselves from the authority of the government, established ever them by their country, unless a submission should be yielded to their menaces, by abrogating the general orders of the 1st of May, and the com- pany's officers at Masulipatam imprisoned their commanding officer, and made preparations to desert the post entrusted to their charge, and to join the Hydrabad subsidiary force, thereby involving, on account of views personal to themselves, the men under their command in the guilt of rebellion, and furnishing to the Native troops a dangerous example of resistance to autho- rity. The governor in council, still anxious to impress on the 282- APPEXDIX. minds of the company's officers a sense of the impropriety of their conduct, published to the army the dispatch from the supreme government, dated the 21st of May last, which con- tained an entire approval ot the measures of the government of Fort St. Georpe, and stated the most forcible and conclusive arguments against the system of faction and illegal combination which had been introduced into the coast army. This solemn decision of the supreme authority in India, has also proved to be ineffectual ; the officers at Hydrabad, although they knew the sentiments of the supreme government, refused, in a body, in a letter to their commanding officer, dated the 8th of July, obedience to the orders of government, for the march of a battalion from Hydrabad, adding, as a threat, that its services might soon be useful to their cause ; and have since forwarded to the government, in a paper, dated the 21st of July, the con- ditions on which they are willing to return to their duty, and which they require the government to accept, in order to avert the impending awful evils ; evils that can result only from their own criminal determination to place themselves in the situation of enemies to their country. The conditions on which those officers presume to state that they will yield obedience to the national authorities, afford further proofs of the nature oi their designs, for they demand the public revocation of the general orders of the 1st May ; the restoration to their rank and appointments of all officers removed by this government, how- ever obnoxious and criminal the conduct of those offices may have been ; the dismission from office of the officers of the general staff, who may be supposed to have advised the govern- ment to the trial by a general court martial of the officer com- manding Masulipatam, who was arrested by his own disobedient officers ; and, finally, an amnesty for the conduct of the com- pany's army. The garrison of Masulipatam have placed them- selves in a state of rebellion, the troops of Seringapatam and Hydrabad, have followed their example, and it has been ascer- tained that the military authority entrusted to commanding offi- cers has been usurped by self-constituted committees : and that an organized system of combination, for the purpose of sub- verting the authority of the government, has been established throughout the greatest part of the army of this establishment. "The governor in council perceives, in the foregoing course of proceedings on the part of European officers of the com- pany's army, which has equally resisted measures of forbearance and punishment, a determined spirit of revolt that must, unless speedily repressed, produce the most fata) consequences to the constitution and authority of the government and the interests of the nation. No means compatible with the honour and APPENDIX. 2t authority of the government hive been omitted to rccal t: company's officers to a sense of their duty as soldiers, and c their allegiance as British subjects. The forbearance display. by the government, under circumstances oi aggravated indignir demonstrate the satisfaction with which it would have regard-.' anv disposition on the part of the company's officers to mar fesc the usual obedience required from all soldiers. No disp. sition, however, of that nature has appeared ; on the contrar those officers, by a systematic course of aggression and insubo: duration, have forced the government to adopt measures of tl. most decided nature for the support of its authority. " The governor in councl would be guilty of a most crhr.' nal desertion of his duty and the cause of his country, if K were capable of compromising the evils of sedition and mutiny 1 a subntission to the menaces of a body of men, placed by tl. law under his government. Such a course of proceeding wou: prostrate the authority of the state before a disaffected ai: seditious faction ; it would effectually incapacitate this and ever- succeeding government from executing the functions of admi nistration, and would be fatal to the prosperity of the empire i. India, by affording an example of successful opposition to authc ricy, and bv weakening the power and dignity of thegovernmcrr which, in this country, are peculiarly essential to its existence Influenced by these considerations, the governor in council h. considered it to be his sacred duty to resist every appearance i concession to the threats of insubordination and faction, and t emplov the power and means at the disposal of the governmer. i for the restoration- of its discipline and the maintenance of i honour and authority. " In this state of affairs, it is a source of the most gratifvi: reflection, that zeal, loyalty, and discipline of his Majesty troops, :uid of many of the most respectable officers oft!. company's army, combined with the fidelity generally man. fested by the native troops, will enable the government t accomplish the important object of re-establishing public orde; The good conduct of his Majesty's troops during the dissensio: that have occurred, their zealous adherence to duty, the prefe- rence which they have manifested to the principles of honor- r virtue, and patriotism, over the personal views arm disorde: ! passions which prevailed around them, reflect the greatest crou on their character, and demonstrate that they re animated I. the same ardent love of their country, which has distinguish their brother soldiers in Europe. 1 lis \I : sty s troops under ;1. . government will possess the gratifying .-..'flection of hiving di served the approbation and gratitude of their country, and t : having eminently contributed to the preservation of an impor- tant branch of tke empire. 284 APPENDIX. " The governor in council entertains a hope that the com- pany's officers, who have threatened the government of their country with the most serious evils, who have demanded, as the condition of being faithful to their duty, the execution of mea- sures degrading to the character, and fatal to the interests of the State, will pause before they attempt to proceed further in the course of sedition and guilt which they have pursued. It has been the earnest wish and anxious desire of the go\ .- ncr in council to avoid measures of extremity, to re-establish order by the course of the law, and to give up to military trial the authors of the present seditious proceedings. In prosecution of measures so consonant to justice, so necessary for restoration of discipline, end so conformable to the ordinary course of military govern- ment, the governor in council is persuaded that he shall have the concurrence of all persons in the civil and military services,, who have not banished from their minds every sentiment of national feeling; and he exhorts the officers of the company's service, by submitting to that cou r se of measures, to avert the evils which they are precipitating upon themselves. Such a result, gratifying at any period, would, at the present moment of national difficulty, be peculiarly acceptable to the view and feelings of the governor in council; and, adverting to the zeal and patriotism by which the officers of the company's army have been distinguished, he still encourages a hope, that by manifest- ing obedience to the government, they will obviate the adoption of measures of extremity, arrest the certain consequences of their past conduct, and promote the restoration of general confi- dence, order, and discipline* " By order of the honorable the governor in council, (Signed) A. FALCON AR." BY GOVERNMENT. GENERAL ORDERS. " Fort c t. George, August 18. " The governor in council has received intelligence that the troops at Chittledroog, consisting of the first battalion of the 6th and 5th regiments of Native infantry, seized, in the latter end of July, the public treasure at that station, deserted the post entrusted to their care, and, in obedience to orders which they received from a committee who have usurped the public autho- rity at Seringapatam, marched on the 6th instant to join the dis- affected troops in that garrison, plundering the villages on their route. " The British resident, and the officer commanding in Mysore, prohibited, in the most positive terms, the advance of APPENDIX. 2S5 the troops from Chittledroog, and demanded from tlieir Euro- pean officers a compliance with the resolution of the governor in council of the '26th ult. by cither declaring that they would obev the orders of government according to the tenor of their commissions, or withdrawing/for the present, from the exercise of authority. " The officers having refused to comply with his requisition, and having persisted in advancing towards Seringapatam, it became unavoidably necessary to prevent by force their entrance into that garrison. " In the contest which ensued, a detachment from the Bri- tish force, under the command of lieutenant- col. Gibbs, aided by a body of Mysore horse, and one battalion of the 3rd regi- ment -of Native infantry, entirely defeated and dispersed the corps from Chittledroog. " During 'his affair a sally was made by the garrison of Serin- gapatam on lieutenant-col. Gibbs's camp, but was instantly driven back by the piquet and the 5th regiment of cavalry, under the, command of Capt. Bean, of his Majesty's 25th dra- goons, in charge of that regiment. " Nearly the whole of the rebel force was destroyed, while one casualty alone was sustained by the British troops, lieutenant Jefferies, ot his Majesty's 25th regiment of light dragoons, having zealously offered his services to carry a .'lag of truce, which lieutenant-col. Gibbs, anxious to prevent the effusion of blood, was desirous of dispatching to the rebel troops, was slightly wounded in the execution of that duty by a volley fired under the express command of an European officer. " While the governor in council participates in the feelings of sorrow that must have been experienced by the British forces, in acting against the rebel troops, and deeply laments the unfortunate but imperious necessity which existed for that pro- ceeding, he considers it to be due to the conduct of the British forces to express his high admiration and applause of the zeal, firmness, and patriotism which they displayed on that most interesting occasion. " Their conduct affords a further proof of the superior influence in their minds of the principles of virtue, honour, and loyalty, over every other consideration, and eminently entitles thern to public approbation. Lieut. -col. Gibbs, lieut. -colonel Adam, major Garden, capt. Bean, and lieut. Jefferies, availed themselves of the opportunities offered to them, on this occasion, of serving their country. " The governor in council is also happy to distinguish the zeal and loyalty displayed by the 5th regiment of Native cavalry, 2SG ArPESDIX. the 1st battalion of the 3rd regiment of Native infantry, and the Mysore troops, who all manifested an eager desire to per- forin their duty. The Mysore horse, on one occasion, put the column of the Chittiedroog troops to flight, and took two guns and both the colours from one of the battalions ; a memorable proof of the weakness ol men acting in the worst of causes. " That a body of British officers should deliberately disobey the orders ot their government seize the public treasure under their protect ion abandon the post entrusted to their charge march to join a party of men in open opposition to authority plunder the dominions of a British ally, and finally bear arms against their country, must excite grief and astonishment; but the conduct of these officers in urging the innocent men under their command, who had the most powerful claims on their humanity and care, into the guilt and danger ot rebellion, con- stitutes an aggravation of their offence that cannot be contem- plated without feelings of the deepest indignation and borrow. " The governor in council is very far from wishing to aggra- vate the misconduct of these deluded and unhappy men; but he earnestly hopes, that the example of their crimes and their fate will still impress on the minds of the officers who have joined in their plans a -ense of the danger of their situation, ana the propriety of endeavouring, by their early obedience and future zca:, to efface the deep stain which lias been cast on the honour of the Madras army. " In announcing to the native troops the distressing event, described in this order, the governor in council must express his concern, that any part of the native army should be so far delu- ded bv misrepresentation, and so lost to a sense of the obligation of fidelity, h 'nour, and religion, as to act against the government which has so long supported them. " The general order of the Srd instant, and the conduct that lias been observed towards the native troops at the Presidency, the Mount, Vellore, Trichinopoly, Bella'ry, Gooty, and Banga- lore, must convince the whole Native army of the anxiety of government to promote their welfare, and save them from the dangers into which they were likely to be plunged. The go- vernor in c )uncil still places the greatest confidence in the fidelity and zeal of the Native troops, and 's convinced that they will not 'willingly sully the high reputation which they have so long enjoyed, by joining in the execution of plans that must end in their disgrace avd ruin. " The governor in council trusts the unhappy fate of the Chittiedroog battalions, who allowed themselves to be engaged APPENDIX. 2&7 in opposition to their government, will have the effect of pre- vailing on any other part of the Native army from suffering themselves, under any circumstances, to be placed in a situation adverse to their duty and allegiance. " The governor in council avails himself cf this occasion to express, in the most public manner, his high sense of the zeal, moderation, energy, and ability displayed by the govern- ment of Mysore, and by the British resident and commanding officer, during the transactions that have recently occurred in that country. The British resident and the commanding officer in Mysore did not permit the adoption of coercive measures until every means of expostulation and forbearance had been exhausted, and until they were compelled to embrace the alternative of employing force, in order to prevent the most fatal evtls to the cause of their country. " The governor in council requests, that the honourable Mr. Cole and lieutenant-colonel Davies will be pleased to accept the expression of his highest approbation and thanks, for the moderation, firmness, and ability, which they mani- fested on this unprecedented and distressing occasion. " A. FALCON AR, " Chief Secretary to Government." " GENERAL ORDERS, BY THE IION.THE GOVERNOR IN COUNCIL. " Fort St. George, Aug. 50. " A report has been received by the governor in council from the officer commanding in Mysore, stating, that the troops which composed the garrison of Seringapatam surren- dered at discretion, on the 23d instant, delivered up their arms, and proceeded to the stations in Mysore allotted for their residence. *' It has been ascertained that the Native troops which pro- ceeded from Chittledroog were entirely ignorant of the real design of their officers, and marched under an impression, produced by their officers, that his highness the rajah cf Mysore had commenced hostility against the British govern- ment, and attacked the Fort of Seringapatam. The appear- ance of the Mysore horse confirmed this opinion in the mind* of those troops, and when they found in the contest beforg Seringapatam, which was begun by the Mysore horse, tha$ the British force acted against them, they abandoned their 288 APPENDIX. arms, and endeavoured to save their lives by flight. It appears that a considerable number escaped into the Fort of Seringa- patam. " This explanation is due to the general conduct of the native troops under this government, who, under circumstances of peculiar difficulty, manifested a fidelity and attachment to the state that reflects great honour on their character. " The governor in council was persuaded, that it was only by deceiving the native troops that they could be misled from their duty, and their conduct, in every situation where they had an opportunity of being more acquainted with the true situation of affairs, justifies the high opinion which he enter- tained of their zeal and fidelity, and entitles them to the appro- bation and thanks of the government. " The governor in council greatly ascribes the early termi- nation of the disturbances in Mysore to the vigilance, energy, and talents of the acting resident, the honourable Arthur Cole, and the commanding officer in Mysore, lieut.-colonel Davies, and he judges it proper again to express his high sense of the important services which they have rendered to the interests of their country in India. " Bv order of the honourable the governor in council, (Signed) " A. FALCONAR, " Chief Secretary to Government. " By order of major-general Govvdie, commanding the armv. J. H. PEELE, '* Secretary to Government.'* [S. ] TO THE HON. SIR GEORGE BARLOW, BART, K.B. " Sir, We should be wanting in the first principles of duty to our country and ourselves, both as subjects and soldiers ; and we should be insensible to the just feelings of honour, patriotism, and loyalty, were we longer to remain silent, or abstain from addressing you : indeed, the moment has arrived, when it has become a bounden and a sacred duty for us to come forward, and with one voice, deny those unjust impu- tations upon the character of the company's officers which have been industriously disseminated through the channel of the public prints; and to convey to you, Sir, such an explicit declaration of our principles, that, on a future day, when the Circumstances of this awful and eventful crisis shall APPENDIX. 289 be submitted to the solemn investigation of our country, we may appeal to a faithful record, and challenge the testimony of this address. " It would be vain for us to attempt to describe the sensations of honest indignation with which we have perused the docu- ments circulated in the public Gazette, or the sentiments of regret, with which we perceive, that some of our countrymen, an I fellow subjects, have received an impression, that the officers of the company's service entertain designs repugnant to their first duties as subjects and servants of the state ; and that, under such impression, they have been induced to express a sentence of unqualified condemnation. But, that you, Sir, should avow such a belief, and ascribe to the officers of the honourable company's army a deliberate, premeditated design to subvert the government, to claim the surrender of its autho- rity, and throw off their allegiance to their King and country, is what we cannot read without sentiments cf indescribable horror and surprize. " With emotions of equal horror have we rend that these sentiments, and a more extensive charge of positive rebellion have been promulgated from the awful bench' of justice ; such a charge, and armed with such authority, demands the most solemn and most public vindication. We have not forgotten, Sir, that we are British subjects, the children of the happiest country, and the most g'orious con- stitution in the world ; cor have we ever entertained a thought at variance with the purest and most sacred principles of loy- alty, allegiance, and fidelity. Our bosoms still glow, Sir, with enthusiastic attachment to our beloved King and country, in whose service and for whose interests, we are ready to shed every drop of our blood ; not less, is our fidelity to the East India Company, nor our respect and obedience to their governments in India. We have never claimed the surrender of the autho- rity of the government, or aimed at trampling down those first principles of duty and obedience, which we know to be solemn and primary obligations. We appeal to our services and character. Is it probable that the officers of the company's army, many of whom have passed the best portion of their lives in the service, should entertain the mad project of sub- verting that power they huvc shed their blood to establish and secure. tl No, Sir, such a thought never occurred ! The company's officers have sought no immunities, we have asked from you enly thost rights ivhicb t us Brititis } ive derive from our birth, 2<}0 APPENDIX. the protection of the laics of our country, and the impartial admi- nistration of British justice ! These are the privileges we have hitherto enjoyed, these are the claims ive have made upon you, and which the government has denied to us ; and it is this denial of those sacred unalienable rights, secured to us by our con- stitution, that has agitated the minds of the company's officers, and driven them to despair. You, Sir, have justly stated, that there is a principle of national feeling and attachment inherent in Britons, which cannot be eradicated. We feel the truth of this observation, and it is that ardent attachment to the laws and liberties of our native country, which warms our hearts, and which has raised the voice of every one amongst us, to call upon you to secure to us their uninterrupted enjoy- ment and protection. " Had we not been bereft of those our dearest privileges, had not those sacred rights, for which our ancestors bled, been torn from us, not a murmur of discontent would have been heard in the company's army ; not an expression discordant with the strictest rules of respect and obedience. If you will revert to the period, Sir, when you assumed charge of the govern- ment of this presidency, your candour will acknowledge, that you found the army in a state of perfect obedience and tran- quillity, and in such a state it cont nued till the moment, when the constitutional rules of our order were infringed, the ordinary and established tribunals subverted, and sum- mary severe punishments inflicted, without trial or inves- gation- " Far be it from us, to remark on the conduct of government: but it is not inconsistent with just and proper respect, in our present extraordinary situation, to shew the effects which "Vvere produced, and which gradually led to that insupportable irritation that has, at length, unhappily terminated in extremes, which we deplore equally with every member of the govern- ment. " We wish not to trespass on your attention, but, at this awful moment, when a general unqualified calumny is gone abroad ; when our loyalty, our allegiance, and our national attachment is called in question, and becomes the theme of public reproach ; when the newspapers of the day proclaims our misfortunes, and our degradations, it would not become us to be silent. " We hesitate not to say, that misrepresentations have been too successfully employed, and that prejudices hare been adopted unfavourable to our principles and conduct. APPENDIX. 291 " It will be unnecessary to enter into a detail of our serious wrongs at present ; but we cannot pass over the deepest wound inuicted on the army : tbs order of the 1st of May , the effects of which may be lamented to the last hour that the British influ- ence exists in fndia In this order many of the most respected :.: i most valuable officers were disgraced, punished, and suspended from the service, not only without trial or inves- tigation, without hearing or defence, but without knowing their accuser, or even their crime. In vain did these officers seek and 1 nplore a trial This indulgence was not only- denied to tiit n : but the vindication they offered was either rejected, neglected, cr suppressed. It was known to the army that many of these <. tricers were absolutely innocent of the rL.rges for which they had been punished, and had it in their power to substantiate their exculpation upon the clearest and most unequivocal testimony. Yet, not only redress, but even hearing was denied to al! their entreaties, and the serious imputations against them, the' sentence of their punishment, and a general impeachment against the coast army, was circu- it J to the world in tne public journals of the day. Can it, then, be wondered, that general discontent should follow, that ahum should bi 1 excited, and that every individual should consider himself in danger of falling a victim to secret calumny or suspicion ? It appeared to the army, that a deliberate s\ -". - n existed to subvert the right of trial, and it was feared th : it would ultimately tend to degrade an honorable profession into in abject and disreputable servitude 4t How well founded those apprehensions were, wewil! not enquire. As subjects of Great Britain we can never forget the rights to which we are born, and which we do not forfeit, because we are soldiers. But we cannot more forcibly describe oir feelings, than by referring to the just and emphatic decla- ration of our most gracious sovereign, on a recent occasion, when lie says, ' And I must remind you, that it is inconsistent * with the principles of British justice, to pronounce judgment * without previous investigation.' And if we needed a further illustration of the grand fundamental maxims of our constitution, we shall hud them elegantly stated, in the following words ot an exalte! and learned character, who says, ' He called upon * them for whet every British subject had a right to, and * which no British man could refuse; he called upon * .'urn to uspend proceedings which might have the cfi'cf * >' cj.'idemnins, without a (rial , and, before judgment, to heai ' such evidence as was required for the ends of justice, by 292- APPENDIX. ' the laws of the land. It was not to prevent impeachment, * but to claim the privilege of every British subject, from the * highest to the lowest, and the lowest to the highest, to have ' his trial before condemnation, in a cause which affected his ' character, integrity, and honor.' " It has been asserted, that it is our duty to await patiently the result of a reference to Europe ; and impatience of this appeal is imputed to us, and reprobated in strong and angry terms. We acknowledge it to be our duty, but have we ever been told, or had the satisfaction of knowing, that our petitions, and our grievances, have been appealed to the authorities at home-, have not our petitions, our humble memorials of our complaints been received with reproaches, and rejected with derision and disdain ? When we ventured to express our complaints to our superiors, were we not branded with mutiny and sedition ? Even the individuals, who have been punished, who vainly supplicated trial, have they received even the poor consolation of knowing, their defence and vindication had been, or should be submitted to those ulterior authorities who were to pass a final judgment upon their case, and whose decision was to confirm their condemnation, or restore them to their rar.k and situation ? These, Sir, are amongst those most serious injuries, which tie officers of the company's service loudly complain of, and which, had you condescended to redress, or even to investigate, would have secured to you the gratitude and attachment of the coast army, and averted those calamities which have ensued. May we not, Sir, also notice, without invidious comparisons, the endeavours to promote discord, jcalr.usy ; and a separation of interests between the officers of his majesty's service and those of the company's army, our brothers in arms and fellow subjects? " They have n<-'t and cannot suffer our wrongs , the con- stitution of their service affords them that protection which we do not enjoy, and they have not had grievances to complain of; unbounded encomiums have been lavished on them, while indiscriminate and harsh reproaches have been bestowed on the * company's officers,' and aspersions upon our loyalty, honor, and fidelity, promulgated to the world. " We have not merited this, Sir, from your hands, nor from your government ; we have quitted our native country, our relations, and friends ; and we have sacrificed the dearest ties of nature, to devote cur lives, and our service, for the interest of the East India company, and the good of our APPENDIX. 293 country, in a distant and unwholesome climate, where too many of us fall victims to our zeal. * But we will now not further complain, nor dwell on that last act which, attended with circumstances of peculiar humiliation, has placed us in an extraordinary predicament, and subjected us to be treated with such public indignity and contempt. We look to the justice of our country for redress, and to rescue a numerous body of loyal, faithful, merito- rious subjects from the unmerited obloquy cast upon us, in consequence of the publication circulated in the newspapers. " Pondicherry, August, 1809.'' [T. ] GENERAL ORDERS, BY THE HON. THE GOVERNOR IN COUNCIL OF MADRAS. " All civil and military officers, exercising the authority under the government of Fort St. George, having been directed to consider all corps moving without orders as in a state of. rebellion to the government, and to offer every practicable obstruction to their progress, the honourable the governor in council is pleased to direct, that timely notice shall be given by officers commanding divisions to the different collectors and magistrates, through whose districts any troops under their orders may have to march, in order that such collectors and magistrates may be prepared to afford the supplies and assistance to those corps which they would, without such notice, consider themselves bound to withhold. " The governor in council is further pleased to direct, that the notice to the civil officers shall distinctly specify the strength and description of the corps or party moving, and the name of the officer in charge of the same, who must produce a written order, with a translation on the back of it, in the common language of the district, signed by the officers com- manding the division, wihout which, the native servants of the civil officers will withhold all supplies, and oppose every impediment to the march of the corps. " By order of the honourable the governor in council, (Signed) "A. FALCONAR, v Madra*, 7th September.' 1 " Chief Secretary to Government. 29* APPENDIX. GENERAL ORDERS, BY THE HON. THE GOVERNOR IN COUNCIL. August 26, 1809. " Circumstances having occurred, which induced colonel Close to relinquish the command of the Hyderabad subsidiary force on his arrival there, on the 3d instant, when it was resumed by lieut.-col. Montressor, the honourable the go- vernor in council is pleased to re-appoint colonel Close to the command of that force, and also to the command of the field force assembled in the ceded districts. " By order of the honorable the governor in council, (Signed) " A. FALCONAR, " Chief Secretary to Government.'' GENERAL ORDERS. " The declaration required from the European commis- sioned officers of the honourable company's service, by the order of the 26th July last, having been tendered to the medi- cal officers at several stations of the army, and refused by some of them, in consequence of which they have been removed from the exercise of their functions. The governor in council is pleased to publish, that it never was intended that the medical officers should be called upon to sign the declaration in question, which is in no wise applicable to them, and to direct, that all those who may have been removed from their duties, do imme- diately return to their stations, and resume the duties of them. Madras Gazette, August 19." G. Sidney, Printer, Northumberland Street, Strand. ft O 2 UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below wecv NOV 6198* J R 01 1988 Form L-9-*20//i-8 ,'37 AT UBBARY UC SOUTHERN REGIONAL LIBRARY FACILITY A A 000 084 267 4 UB 785 G7A1