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 Dunglisori's American Medical Library. 
 
 ~~ 
 
 ON THE 
 
 _ 
 
 1 <^ 
 
 ^ 
 
 ENLISTING, 
 
 \ C * . \ < 
 
 DISCHARGING AND PENSIONING 
 
 SOLDIERS, 
 
 TVITH 
 
 THE OFFICIAL DOCUMENTS ON THESE BRANCHES OF 
 MILITARY DUTY. 
 
 BY 
 
 HENRYMARSHALL, F. R. S. EL 
 U- \\ 
 
 DEPUTY INSPECTOR-GENERAL OP ARMY HOSPITALS. 
 
 FROM THE SECOND LONDON EDITION. 
 
 WITH THE 
 
 REGULATIONS FOR THE RECRUITING SERVICE IN THE 
 
 ARMY AND NAVY OF THE UNITED STATES, 
 
 AND A PREFACE. 
 
 BY W. 8. W. RUSCHENBERGER, M. D. 
 
 Surgeon U. S. Navy ; Fellow of the College of Physicians of Philadelphia; 
 Surgeon of ihc U. f. Naval Rendezvous, Philadelphia, &c. &x 
 
 PHILADELPHIA: 
 
 PUBLISHED BY A. WALDIE, 46 CARPENTER STREET. 
 
 1840. 
 
 /
 
 PREFACE. 
 
 In the following pages I have endeavoured to give a practical 
 commentary on the regulations which have been issued in regard 
 to the duty of examining recruits, and the discharging of disabled 
 soldiers; and, in the execution of this design, my principal aim 
 has been to explain the practice of carrying the rules into effect 
 not to argue their policy, or to suggest reforms; to narrate, rather 
 than to discuss. In a financial, a political, and, perhaps I may add, 
 in a medical point of view, I am not aware of any part of the duty 
 of a medical officer which is of more importance than the inspec- 
 tion of recruits on a large scale, and the examination of inefficient 
 soldiers; and, consequently, these duties deserve a very careful 
 consideration. 
 
 Should this manual contribute, in however small a degree, to the 
 compilation of a comprehensive work on military hygiene, includ- 
 ing a treatise on the duties of medical officers, I shall be much 
 gratified. In the simple but expressive language of Sir John 
 Pringle, it may be asked, " What inquiry can be so useful as that 
 which hath for its object the saving of the lives of men? ; ' " The 
 prevention of diseases," he very justly observes, "cannot consist in 
 the use of medicines." To preserve the health of soldiers, and to 
 promote their efficiency in all climates, and under the various cir- 
 cumstances of peace and war, are highly important objects which 
 should engage not only the attention of government, but the care- 
 ful study of both military and medical officers. There is, I fear, 
 too much truth in the following observation of Vaidy: " Tant qua 
 les penples seront gouvernes par des hommes et que les hommes 
 auront des passions, la guerre sera tin mol inevitable." " Peace" 
 says Segur, " is the dream of the wise ; war is the history of 
 man." 
 
 I am under many obligations to Sir James M'Grigor, for his 
 liberality in offering me permission to examine the valuable docu- 
 ments in the record room of the medical department of the army, 
 
 mar 1*
 
 IV PREFACE. 
 
 for the purpose of gleaning materials for my volume ; and I take 
 this opportunity of sincerely thanking him for his kindness, of 
 which I should have been most happy to take advantage, had I 
 been a resident in London. 
 
 From my worthy friends, Major Tulloch and Dr. Balfour, Assist- 
 ant Staff-surgeon, I have received rnueh assistance in revising the 
 proof-sheets ; and I avail myself of the present occasion, with great 
 pleasure, to return them my grateful thanks. 
 
 H. M. 
 
 EDINBURGH, June, 1839.
 
 CONTENTS 
 
 PART I. 
 
 ON THE ENLISTING OF SOLDIERS. 
 
 Page 
 
 Enlistment, of recruits, .- . . . . . .1 
 
 Stature, weight, and circumference of the chest of recruits, . . 
 
 Class of the population from which recruits are procured, . .'._ 5 
 
 Minimum and maximum age of recruits, ..... 9 
 
 Instructions for the guidance of medical officers in the duty of examining re- 
 cruits Object of the instructions Disabilities which disqualify men for the 
 army, .......... 14 
 
 1. Feeble constitution, &c. . . . >;. */. t 16 
 
 2. Weak or disordered intellect, . . . .t: 20 
 
 3. Chronic cutaneous affections, . . . ... 
 
 4. Severe injuries of the bones of the head, . . . .20 
 
 5. Impaired vision, .... .- . . 
 
 6. Deafness, . . . . . . .21 
 
 7. Loss of many teeth, . ,^ : . ; <.'' >. <* j. . 
 
 8. Impediment of speech, . . . ..$*" .22 
 
 9. Want of due capacity of the chest (heart), . t.G.. 
 
 10. Inadequate efficiency of the superior extremities, . . .23 
 
 11. Curvature of the spine, ..... '.-i. v 24 
 
 12. Hernia, 25 
 
 13. Disease of a testicle, ...... 26 
 
 14. Inadequate efficiency of the inferior extremities, . . .27 
 
 15. Ulcers, cicatrices, &c. * . . 
 
 16. Traces of corporal punishment, . . "?: y? . .30 
 
 17. Diseases requiring medical treatment, . ,v ... 30 
 Routine of examination, . . " v '- . . . . .31 
 
 Mddical boards on ineligible recruits, ...... 
 
 Importance of the duty of inspecting recruits, . . . . .36 
 
 Form of returns, . . . ... . . .41 
 
 Obscure and doubtful disabilities, . . .-.-,. . .43 
 
 Efficiency required for different branches of the service, ... 43 
 
 NOTES AND ILLUSTRATIONS. 
 
 NOTE I. Form of attestation, . . / . . . .45 
 
 II. Evidence of the Duke of Wellington in regard to a better class of re- 
 cruits, ........ 48 
 
 III. Influence of uge on the mortality of troops, . . . .48 
 
 IV. Recruits required for the British army, . . . ., 
 
 V. Circular letter respecting J?a</<'e and broad ftel, . . .50 
 
 VI. On the examination and the rejection of recruits, .' *.. f ... . 
 
 VII. Town and country recruits, . . . . . .. .61 
 
 VIII. Contribution to statistics of the depots of recruiting district*, . 62'
 
 VI CONTENTS. 
 
 PART II. 
 
 ON THE DISCHARGING OF SOLDIERS. 
 
 Page 
 
 General order, 1st January, 1838, .... 
 
 On the duty of discharging disabled soldiers, . . 
 
 Examination of alleged inefficient soldiers, . . . .74 
 
 Diseases and disabilities which disqualify soldiers for service in the army, 81 
 CLASS I. Diseases of the eyes Total or partial loss of vision. 
 
 1. Ophthalmia, 
 
 2. Amaurosis, ...... 
 
 3. Cataract, ..... .86 
 
 II. Diseases or impaired function of the ear. 
 
 1. Deafness and deaf-dumbness, . ... 
 
 III. Diseases of the organs of respiration and circulation. 
 
 1. Stammering, . . . . . . f 
 
 2. Consumption, asthma, dyspnoea, 
 
 3. Haemoptysis, . . . . . . .90 
 
 4. Diseases of the heart or large blood-vessels, . 
 
 5. Varicose veins, ...... 
 
 IV. Diseases or impaired function of the organs of digestion. 
 
 1. Visceral turgescerice (Physconia), 
 
 2. Chronic disease of the livrr, .... 
 
 3. Vomiting, . . . . . . .95 
 
 4. Bowel complaint, ...... 96 
 
 5. Hernia, ..... .96 
 
 V. Diseases and lesions of the gcnito-urinary organs. 
 
 1. Diseases of the testicles, . , .99 
 
 2. Incontinence of urine, . . . . . .99 
 
 3. Calculus vesicac, ...... 100 
 
 VI. Diseases and lesions of the skin and cellular membrane. 
 
 1. Ulcers, . . . . . . . .100 
 
 2. (Edema Swelled leg, ..... 102 
 VII. Diseases and impaired function of the organs of locomotion. 
 
 1. Rheumatic pains, ...... 104 
 
 2. Lameness Old fractures, ..... 106 
 
 3. Deformity of the spine, ...... 108 
 
 4. Contractions, . . . . . . 109 
 
 5. Mutilations, . . . . . . .114 
 
 6. Wound* 119 
 
 VIII. Diseases and lesions of the lymphatic system, and of the constitution 
 
 generally. 
 
 1. Scrofula, ... . . . .120 
 
 2. Cachexy, ....... 121 
 
 3. Dropsies, . .. . . , . . .122 
 
 4. Worn out, . / . . . . . .122 
 IX. Diseases and lesions of the nervous system. 
 
 1. Palsy, general or partial, ..... 123 
 
 2. Epilepsy, . . . . . . .128 
 
 3. Menial alienation Weakness of intellect, . . . 131 
 X. Moral disabilities, . . . . . . .138 
 
 NOTES AND ILLUSTRATIONS. 
 
 NOTE I. Intemperate language Coercive measures, .... 140 
 
 II. Statistics of hernia, . . . 142
 
 CONTENTS. VII 
 
 PART III. 
 
 PENSIONING OF SOLDIERS. 
 
 I. Military pensions Chelsea hospital Out-pensioners, . . . 144 
 
 II. Pensioning warrant 1629, ...... 155 
 
 1. Division of pensions into four classes, . ,.*,/ . 155 
 
 a. Length of service, ...... 156 
 
 4. Wounds received in action, . . . , . 159 
 
 e. Disabilities contracted after fourteen years' service, . . 159 
 
 d. Disabilities under fourteen years* service, . . .160 
 
 2. Special cases of debility, . . . . .161 
 
 3. Forfeiture of pension, . . . . . .162 
 
 4. Commutation of pension, . j. .... . 167 
 
 5. Rules in recording service, . . . . . .167 
 
 6. Conditions under which discharges may be obtained, . . 169 
 
 7. Deductions to which a pensioner is liable, '""" . . . . 178 
 
 III. Warrant regulating the grant of pensions, allowance, and relief to soldiers 
 
 on their discharge from the army (7lh February, 1833), . / 179 
 
 1. Permanent pensions, ....... 180 
 
 2. Temporary pensions, or gratuities in lieu thereof, . . 184 
 
 3. Discharges by indulgence, ...... 185 
 
 4. Rewards for meritorious conduct, .... 186 
 
 5. General provisions, . . . . . , .187 
 
 IV. Warrant (18lh August, 1836), ...... 191 
 
 V. Instructions consequent upon his majesty's warrant of the 18lh August, 
 
 1836, (13lh September, 1836,) . . . . . .195 
 
 VI. Good conduct warrant (9th May, 1839), . . . .196 
 
 NOTES AND ILLUSTRATIONS. 
 
 NOTE I. Diet table .of the pensioners in Chelsea hospital, . . . .204 
 
 Hotel des Invalides and Chelsea hospital, . . . . 204 
 
 II. Recruiting of the army, and the medical examination of recruits, . 205 
 
 ADDITIONAL CONTENTS. 
 
 Preface to American ediiion, . . . . . . ix 
 
 Regulations for the recruiting- service of the navy, . . . . xiii 
 
 Regulations for the enlistment of boy? in the navy, . . . xv 
 
 Remarks on the fourth article of the regulations for the recruiting service of the 
 navy, . . . . . . ... xvii 
 
 Regulations for the discharge of persons from the naval service, . . . xix 
 
 Regulations for the general recruiting service of the army of the United States, xx 
 Pensions, . . ... . . . . . xxx 
 
 Opinion of the attorney general on the description of disability which entitles the 
 claimnnt to a pension, ^. . . . . . . xxxi 
 
 " Total disability" understood to apply to the nature, and not to the extent of dis- 
 ability in certain cases, . . . . . . xxxiii 
 
 Surgeon's affidavit, ........ xxxiv 
 
 Rules of evidence relative to invalid pensioners', . . . . xxxvi 
 
 Letter from the commissioner of pensions to the secretary of the navy, . xxxvii 
 
 Proposed pensioning regulations, ._-,. . . . xxxix 
 
 Naval Asylum, . . . . . -..'". '.'.' .' xli 
 
 Proposed alteration in the pension laws, , . ".''-, *;'" xlii 
 
 Remarks on granting pension ccitificatep, ..... xliii
 
 PREFACE TO THE AMERICAN EDITION. 
 
 The great value of the work of Mr. Marshall, to medical and 
 other officers of the army and navy, will at once be perceived, after 
 perusing the very meagre regulations which have been issued from 
 the war and navy departments, to be observed in the medical inspec- 
 tion of recruits. Arid when it is remembered that physicians and 
 surgeons in private practice may be called upon for certificates to 
 excuse men from serving in the militia, as well as to obtain pen- 
 sions, it will be a.Jmitted that the editor of "The American Medi- 
 cal Library and Intelligencer" deserves thanks for placing this 
 work within the reach of the profession of the United Slates. 
 
 In order to render the work more useful to the medical and other 
 officers of the army and navy of the United States, I have added 
 the few regulations which are now in force for enlisting, discharg- 
 ing, arid pensioning men in our own service. For copies of these 
 regulations I am indebted to the politeness of the HON. J. K. 
 PAULDING, Secretary of the Navy, and to UR. THOMAS LAWSON, 
 the Surgeon-general of the Army. 
 
 The inspection of recruits, both for the army and navy, involv- 
 ing as it does the consideration of the interests of the government 
 and of individuals, which are often conflicting, is perhaps the most 
 important and difficult duty which the surgeon is called upon lo 
 perform. (See page 36.) Men who, through vice, dissipation, or 
 misfortune, find it difficult to obtain a livelihood from private 
 patronage, are very apt to seek employment in the army or navy, 
 often with the sole view of obtaining medical attendance, and ulti- 
 mately an asylum or pension ; and even when the greatest caution 
 and circumspection are observed, some unworthy and inefficient 
 individuals gain admission into the service. Nor is this very sur- 
 prising, when we consider that, prompted by their interests, recruits 
 resort to every means within their knowledge to deceive the in- 
 specting officer, whose examination is generally limited, for each 
 recruit, to ten or fifteen minutes a period much too short to 
 ascertain the qualities of a horse, in which the most astute and 
 wary jockey may be deceived. 
 
 The requisite qualifications of men for the army and navy are 
 nearly the same, except that, in the latter, personal appearance and 
 a certain stature are not indispensable; hence the rules applicable 
 to the inspection of men for one branch of the service apply, gene- 
 rally, with equal force to the other. 
 
 9 b mar 2*
 
 X PREFACE TO THE AMERICAN EDITION. 
 
 It is self-evident that men who are perfect in structure, and whose 
 organs are in the healthful exercise of their several functions, are to 
 bo preferred for the naval service ; hut as those persons who ofl'er 
 ns recruits are frequently marked by some blemish, arising from 
 the exposures to which their manner of life renders them obnox- 
 ious, it becomes a serious consideration to estimate with what do- 
 gree of ability less than perfect a man may be useful in the service. 
 Experience has taught that certain imperfections of physical and 
 moral constitution entirely destroy the fitness of an individual for 
 the performance of nautical duties. Upon most of these points 
 medical opinion is definite, and, what is more important, it is uni- 
 form. There are, however, points upon which medical officers in 
 the navy do not agree ; and these opinions, I believe, in many 
 instances, are swayed by the exigencies of the service. 
 
 Although it may be argued that no rule can be formed, of so 
 definite, a character as to dispense with the deliberate exercise of 
 the judgment of the inspecting officer, it is nevertheless true that 
 certain differences of opinion, on the eligibility and ineligibility of 
 recruits, might be settled by an order, and thereby an approxima- 
 tion to uniformity be produced which does not now exist. For 
 example, in the minds of some surgeons, goriorrhcea, recent vene- 
 real sores, (which are so common amongst sailors recently dis- 
 charged from vessels of war after a cruise,) scars from wounds, 
 slight deformities from fractures, even where there is no evidence 
 of loss of power of limb, are sufficient causes to reject, not only 
 individuals offering for the first time, but also those who offer after 
 Jiaving served many years; in cases, too, where the men have only 
 a few days previously completed, satisfactorily to the officers under 
 whom they may have served, the term of their enlistment. The 
 reason assigned for this decision, so prejudicial to the service when 
 men are scarce, is, that the period necessary for the cure of some 
 of the above named affections is uncertain ; yet the medical officers 
 who entertain these views would not consider any of the above 
 disqualifying causes in a raw recruit, sufficient, when occurring in 
 a veteran, to entitle him to pension, smart-money, or other gratuity. 
 Military custom in almost all countries has established as a prin- 
 ciple that previous services give an individual a claim to serve 
 again, and in this way receive a remuneration for his corporeal 
 wear and tear, as well as for having lost in the public service his 
 aptness to pursue advantageously his peculiar vocation under pri- 
 vate patronage. Notwithstanding this principle strongly influences 
 the medical officer in estimating a recruit, under the present regu- 
 lations, he is often at a loss to determine to what extent he should 
 permit the above consideration to have weight in making up his 
 opinion, because the regulations have no retrospective principle 
 expressed or implied in them. 
 
 The want of some definite regulation which shall have the effect 
 of establishing, as far as the subject will permit, a uniformity of 
 opinion among medical officers themselves, upon the eligibility and
 
 PREFACK TO THE AMERICAN EDITION. XI 
 
 ineligibility of recruit?, subjects this branch of the service to many 
 unnecessary difficulties. Such a regulation is required to prevent 
 an individual who has been rejected at one rendezvous from being 
 accepted at another, as well as to guard against passing at a ren- 
 dezvous an individual who may be considered unfit for the service, 
 when he is subjected to a second or third inspection, at another 
 station. 
 
 If this subject should be confided to the deliberate consideration 
 of a board of experienced medical officers, as lias been suggest- 
 ed to the navy department as long ago as August, 1831, and 
 more recently, in the past year, I feel confident that regulations 
 would be formed to obviate most, if not all, the difficulties which 
 arise from the cause here alluded to. It is no reflection upon any 
 one to remark, that this subject should be confided to medical offi- 
 cers exclusively, because none other than those who possess a com- 
 petent knowledge of anatomy, physiology, and pathology, can 
 reasonably be expected to form practically efficient regulations, 
 which entirely depend upon this kind of information for their prin- 
 ciples and application. The force of this remark will be more 
 apparent upon reading the fourth article of the regulations for the 
 recruiting service of the navy. 
 
 With a desire to hasten the collection of recruits, doubtful cases 
 are sometimes approved, which would not occur if all doubts should 
 be cast against the recruit. And this should be the general rule, 
 because the interests of the service are best consulted by enlisting 
 only those who are calculated to be efficient; some exception may 
 be made in favour of veterans who have received blemishes in the 
 service. The extent of this exception must rest with the judgment 
 of the recruiting officers, who should be careful to exclude all who 
 may be entitled, in any considerable degree, to the benefits of the 
 pension laws. Recommendations from officers, no matter how high 
 may be their rank, should never influence the decision of the in- 
 specting officer, who is required to certify as to the soundness of an 
 individual in his bodily and mental condition ; nor should officers 
 who give recommendations consider themselves slighted when they 
 learn that men have been rejected, notwithstanding the favourable 
 testimonials which they may have furnished. I have heard of men 
 being shipped at the instance of a captain in the navy, who were 
 afterwards found to be ruptured. The officer was of course im- 
 posed upon. 
 
 I sent a man home from on board of the U. S. Ship Falmouth 
 at Rio de Janeiro, in 1831, who twice imposed himself upon the 
 recruiting officers with a fistula in perineo of several years' stand- 
 ing, for which he had been unsuccessfully treated at several civil 
 hospitals. This could not have occurred had the recruit been sub- 
 jected to the routine examination prescribed by Mr. Marshall, (see 
 page 31,) which should in no case be omitted. When it is neglect- 
 ed, the benevolence of the inspecting officer is very apt to subject
 
 Xll PREFACE TO THE AMERICAN EDITION. 
 
 him to imposition, and consequently to reprimand from the head of 
 the department. 
 
 The re-enlistment of unfit and unworthy persons, (in the service 
 of the United States, men engage for periods not exceeding five 
 years,) might be prevented to some extent by adopting a form of 
 certificate of discharge, similar to that on page 72, and establishing 
 a rule that no man shall be re-entered who does not produce a cer- 
 tificate of discharge.
 
 REGULATIONS 
 
 For the Recruiting Service of the Navy 
 
 ARTICLE I. As the appointment of officers to attend to the 
 recruiting service is intended not only to hasten the collection of 
 recruits for the navy, but to guard against the enlistment of im- 
 proper, unsound, or incompetent persons, they are to give strict 
 and constant attendance to their duties at the rendezvous. The 
 junior officers who may be ordered upon ihis duty are intended as 
 assistants to the command inor officer, and not to act as his substi- 
 tutes, except in cases where he is unable to attend by reason of 
 sickness, or when absent on leave with the sanction of the depart- 
 ment. Under all other circumstances, he will be expected to attend 
 daily at the rendezvous, morning and evening, and to personally 
 question the persons offering to enter, examine into their qualifica- 
 tions, and determine whether they may enter or not, and in what 
 capacity or rating. 
 
 ARTICLE II. Recruiting officers shall enter no boy under thir- 
 teen years of age without the consent of his parent or guardian, if 
 any such may be found: nor any landsman over twenty-five years 
 of age, unless he shall have a knowledge of some mechanical trade 
 which will be useful on board a vessel, nor any landsman having 
 such mechanical trade, unless he is under thirty-five years of age. 
 No person is to be entered as ordinary seaman unless he shall have 
 been at sea at least two years, nor as seaman unless he shall have 
 been at sea at least five years. 
 
 ARTICLE III. Recruiting officers are not to enter persons as 
 petty officers, excepting for yeoman, master at arms, armourer, 
 cooper, carpenter's mates, ship's stewards, officers' steward, officers' 
 cook, or master of the band : nor must he enter any of these ratings, 
 or boys to serve until they are twenty-one years of age, except by 
 the special order or permission of the commander of the station. 
 Free blacks or other free coloured persons are only to be entered 
 by the approbation of the commander of the station. 
 
 ARTICLE IV. The surgeon or other medical officer who may 
 be appointed to examine persons offering to enter, or upon their 
 first joining a receiving or other vessel after enlistment, shall not 
 certify to the fitness of any person unless he shall be of sound mind, 
 possess the power of seeing arid hearing distinctly, and have no 
 serious impediment of speech have the free use of his muscles and 
 joints the proper use of his hands and feet be free from external 
 and internal tumours, and from all cutaneous diseases and ihronic 
 ulcers nor if his appearance indicates the presence of or danger 
 from consumption, scrofula, or dangerous diseases from the effects
 
 XIV RECRUITING SERVICE 
 
 of intemperance or other causes nor if known to he subject to 
 epilepsy or similar diseases. If persons should be entered for par- 
 ticular stations as petty officers, with ruptures, or other injuries, 
 which, in the opinion of the medical officer and commander of the 
 station, may not interfere with the proper performance of their du- 
 ties, those injuries are to be fully described and carefully noted on 
 all the descriptive lists containing the names of those persons, that 
 no improper claims for pensions may be subsequently allowed on 
 account of such injuries. 
 
 ARTICLE V. Recruiting officers shall cause the shipping arti- 
 cles to be read to every person before such person signs them: nor 
 shall they allow any person to sign such articles when intoxicated: 
 nor shall they enter any person known to have been convicted of a 
 felony; nor is any slave ever to be entered for the naval service, 
 or to form a part of the complement of any vessels of war of the 
 United States. 
 
 ARTICLE VI. Recruiting officers shall make no advance of pay, 
 nor give any bounty, except by express order from the secretary of 
 the navy, or of the officer under whose orders he may be placed; 
 and in all cases of making advances, the amount advanced to petty 
 officers shall not exceed the amount authorised for seamen, and he 
 is to take good security for the same, until the person receiving it 
 shall have been duly received and mustered on board the receiving 
 vessel, or some other vessel of the United States. 
 
 ARTICLE VII. Recruiting officers shall not pay over any ad- 
 vance money or bounty except to the person entitled to receive the 
 same, nor until he shall be found fit for service; and they are, if 
 possible, to induce the men to repair on board with their effects, 
 and to receive the amount of their advance in clothing; and other 
 necessaries from the vessel, in which case the recruiting officer is 
 to give the necessary information to the commander of the receiv- 
 ing vessel, and will be excused from taking security. When an 
 advance is to he made, the recruiting officer shall take care that 
 each person furnishes himself with one good suit of thick clothing, 
 two frocks or shirts, a pair of shoes, a pair of stockings, hat and 
 handkerchief, as nearly of the navy pattern as possible, or as many 
 of these articles as can be procured with two thirds of their advance, 
 and that the articles are sent on board with them. 
 
 ARTICLE VIII. Recruiting officers must produce receipts for 
 the amounts advanced from the persons to whom they make ad- 
 vances or pay bounty, a receipt for the individual from the com- 
 manding officer of the vessel on board which they may be sent, and 
 a certificate from the purser of such vessel that he has received lists 
 showing the rating, the date of entry and term of service, and the 
 amounts advanced to the individuals respectively, before he can 
 receive credit for the advances made. 
 
 ARTICLE IX. Recruiting officers shall not receive, without the 
 sanction of the commanding officer of the station, more than one 
 thousand dollars at anyone time, which they may obtain by requisi-
 
 OF THE U. S. NAVY. XV 
 
 tions upon the navy agent when duly approved by the senior officer 
 in command of the port or station, who shall not approve such re- 
 quisition unless satisfied that the amount asked is required for the 
 public service. 
 
 ARTICLE X. The recruiting officer must report weekly to the 
 secretary of the navy, and to the commander of the station, the 
 number of men he may have entered, and the amount of money 
 remaining in his hands, as per form annexed and marked A. 
 
 ARTICLE XI. No recruiting rendezvous is to be opened in the 
 United States without the order or consent of the secretary of the 
 nnvy; commanders of vessels may, however, when at places where 
 there is no rendezvous, fill small deficiencies in their complement 
 by entering men on board their vessels after the required examina- 
 tion by medical officers; but no advance in money is to be given, 
 and no allowance will be made to officers who enter men in this 
 manner, as no responsibility or risk is incurred. 
 
 J. K. PAULPING. 
 
 Navy Department, 1st July, 1839. 
 
 These regulations were drawn tip, under the provisions of an 
 act of Congress, dated May 19, 1832, by a board of captains in the 
 navy, over which the late Commodore John Rodgers presided. It 
 seems necessary to state this fact here, that it may not be supposed, 
 the ignorance displayed in the fourth article is characteristic of the 
 medical officers. I fear it is a weakness in some of the grades in 
 the navy to put no credence in the maxim non omnia possumus 
 omnes or they would not expose themselves by writing on such 
 medical topics as are purely professional. 
 
 REGULATIONS 
 
 For the Enlistment and Employment of Boys who may be en- 
 tered to serve in the Navy until they arrive at the age of 
 ticenty one years. 
 
 In the enlistment of boys to serve until twenty-one years of age, 
 as authorised by the act of Congress approved on the second day 
 of March, 1837, none are to be entered who shall be under thirteen 
 or over sixteen years of age, and who, after careful examination 
 and inquiry, shall not be deemed of sound constitution, good health, 
 and free from all injuries, defects, or disease, which would be likely 
 to render them unfit to perform the duties which are expected from 
 them. 
 
 No boy is to be entered who shall have been convicted of any 
 criminal or disgraceful offence, or who shall have been sent to any 
 house of correction or refuge, or other place of punishment. 
 
 No advances are to be made by the recruiting officer to the boys 
 who may enter, or to their parents or guardians: but such clothing 
 and other articles as may be necessary to their comfort, will be fur-
 
 XVI RECRUITING SERVICE 
 
 nished upon the order of ihe commanders of the receiving vessels 
 when they repair on board for duty. 
 
 Whenever it cnn be ascertained that a boy wishing to enter has 
 a parent or guardian whose presence can be obtained, such parent 
 or guardian must sign his or her name in the proper column of the 
 shipping articles, as evidence of his or her assent to the enlistment. 
 
 When the parent, or guardian cannot, be present, and can be 
 referred to, they must sign duplicate certificates of assent in pre- 
 sence of, and to be certified by some justice of the peace, or other 
 magistrate, according to a form which will be furnished, one of 
 which certificates must be transmitted to the secretary of the navy 
 with the monthly reports of the recruiting officer, and the oilier 
 sent to the commander of the receiving vessel, to be transferred 
 with the account of the boy from one vessel to another, whenever 
 he is transferred himself. 
 
 At the time of their enlistment they are to be rated as of the 
 second or third class boys, according to their age, size, and qualifi- 
 cations. 
 
 The pay of boys of the third class shall be five dollars a month, 
 and the pay of boys of the second class shall be six dollars a month. 
 First class boys to receive seven dollars. 
 
 When they cannot be attached to vessels in commission, they 
 shall serve on board some one of the three large receiving vessels. 
 
 They are to be supplied under the immediate direction of the 
 commander of the vessel, with such articles of clothing and other 
 necessaries as may contribute to their health and comfort: but, after 
 the first supply, the amount which may be due to them is on no 
 account to be exceeded; on the contrary, it is desirable that they 
 should have as large an amount due to them as possible at the ex- 
 piration of their service. 
 
 They are not to be allowed to draw the spirit part of their ration, 
 nor to receive tobacco, but, on the contrary, they are to be en- 
 couraged, and required if possible, to abstain from the use of both. 
 
 Whenever their rate of pay will allow it, they may allot to a parent 
 such amount as shall not reduce the amount left for their own use 
 below six dollars a month, nor more than one half their pay, when 
 the half shall exceed six dollars a month. 
 
 They shall receive no part of their pay for their personal use 
 until their discharge, excepting for clothing and necessaries as 
 herein before provided, and occasional small advances in money, 
 under direction of their commander, for the purchase of articles 
 conducive to health, and for small expenses when permitted to go 
 on shore on liberty; care must be observed, however, that this in- 
 dulgence is not abused. 
 
 Every commander of a vessel in which any of these boys may 
 serve, shall cause them to be well instructed in reading, writing, 
 and arithmetic, and to be employed on all such duties which they 
 may be competent to perform, as may give them a thorough know-
 
 OF THE U. S. NAVY. XVII 
 
 ledge of seamanship, and best qualify them to perform the duties of 
 seamen and petty officers. * 
 
 They are never to be required or permitted to attend as waiters 
 or servants to the officers whenever there are other persons present 
 who can properly perform those services. 
 
 As an inducement for exertion and a reward for good conduct, 
 all persons enlisted under this provision shall be eligible to promo- 
 tion in the same manner as other persons of the ship's company, as 
 vacancies may occur, and their qualifications and conduct may 
 merit: but all such promotion of boys shall be gradual and regular 
 from third to second, and from second to first class boys, landsmen, 
 ordinary seamen, seamen, and petty officers; and, on the other 
 hand, they shall also be subject to a reduction of rating, like all 
 other persons, for neglect or misconduct. 
 
 If they shall serve the full term of their enlistment in a manner 
 satisfactory to their respective commanders, they shall, upon their 
 discharge, receive a certificate stating the length of such service, 
 and time served in each rating, and the opinion which is then en- 
 tertained of their conduct, qualifications, and merits. 
 
 Should they subsequently wish to re-enter the service, and pro- 
 duce to the recruiting officer a certificate of good conduct while 
 serving under their first enlistment, such officer shall, if men are 
 required, and there shall be no objection on the score of health or 
 other disqualification, give a preference to them over persons who 
 have not previously served in the navy. 
 
 Should any of them give decided evidences of the talents and 
 conduct which might, by proper attention and cultivation, make 
 them valuable boatswains, gunners, or masters for the navy,* they 
 are to be specially reported to the secretary of the navy, and the 
 commander of the vessel shall give all proper facilities to advance 
 their instruction. 
 
 At the expiration of their service, or at their regular discharge, 
 they shall receive the amount which may then be due to them. 
 
 These regulations to be subject at all times to such alterations 
 and modifications as the secretary of the navy for the time being 
 may deem necessary or expedient, and it is to be understood that 
 they form no part of the agreement between the United Slates arid 
 the other parties, all of which are contained in the shipping articles. 
 By order of the President, 
 
 J. K. PAUL DING, 
 
 Secretary of the Navy. 
 
 Navy Department. 
 
 It will be perceived that a very small part of these regulations 
 apply to the duties of the medical officer; and even this small part 
 is liable to several objections. The fourth article of the regulations 
 
 * A proposition has been submitted to Congress to appoint, in future, one 
 fourth of the midshipmen of the navy from amongst the apprentices.
 
 XVIII RECRUITING SERVICE 
 
 for the recruiting service of the navy provides against enlisting any 
 man who shall not " possess the power of seeing and hearing dis- 
 tinctly ;" but it is very clear that a recruit might be short-sighted, 
 might have lost one eye, the function of one ear, together with both 
 external ears, and still be within the expressed terms and meaning 
 of the regulation. I do not doubt, officers may be found who do 
 not think the loss of one eye a disqualifying blemish, although 
 such a loss, if sustained in the service, would be considered by them 
 ample grounds for claiming a pension. 
 
 He shall have " no serious impediment of speech." 
 
 The very slightest habitual impediment of speech is serious. 
 because, tinder excitement, the difficulty increases, and almost 
 always at times when rapid and unhindered utterance is required. 
 
 A recruit, may have "the free use of his muscles arid joints," and 
 still be very inefficient from inequality in the length and size of his 
 limbs, or from a disproportion between them and his body, or from 
 tenuity. 
 
 The article provides that the recruit must "be/reefrom external 
 and internal tumours." There are some external tumours which 
 do not hinder an individual from the performance of all the duties 
 of a thorough-bred seaman. I have myself served with more than 
 one such man. Although external tumours may be always per- 
 ceived by superficial inspection, with the exception of such as may 
 be situated at the very portals of the digestive apparatus, internal 
 tumours are not so readily discoverable, (except by post mortem 
 examination,) unless they be of considerable size, or aneurismal in 
 their character. Even extraordinary tact might fail to discover 
 internal tumours, existing beneath vast conglomerations of intes- 
 tine, where the subject is desirous of deceiving. 
 
 " All cutaneous diseases" are set down as disqualifying causes ; 
 prickly heat, boils, and similar slight affections of the skin, although 
 they cannot be generally considered as serious enough to reject a 
 recruit, must still be included under the sweeping head of " all 
 cutaneous diseases," and if the recruit be passed, the officer acts in 
 disobedience to a very positive order, or at least, I presume, it should 
 be so considered. 
 
 " Ckronic ulcers" are certainly a disqualifying cause; but the 
 article leaves the medical officer to decide for himself, how far ulcers 
 of other kinds and characters than " chronic" are to be considered 
 disqualifying or otherwise, affording opportunity for the effects of 
 conflicting opinions to arise, in the form of appeals, surveys, re- 
 ports, &c. which, as they might be rendered unnecessary, only 
 serve to lumber the archives of the department. 
 
 The article requires that the recruit's " appearance" shall not 
 " indicate" " the presence of, or danger from" ' ; dangerous diseases" 
 from the effects of " intemperance or other causes." Is it fair to infer 
 from this part of the sentence quoted, that the surgeon is expected 
 to decide by external corporeal signs or otherwise, upon the 
 recruit's liability to such diseases as may result fatally, whether
 
 OF THE U. S. NAVY. XIX 
 
 said diseases arise from t: intemperance or other causes," including 
 perhaps contagion and miasmatic influences or is he to deride 
 upon the recruit's inherent and constitutional powers of escaping 
 from and resisting the fatal termination of such perilous diseases as 
 small-pox, acute fevers, &c. in the event of being attacked? 
 
 " Nor if known to h>3 subject to epilepsy or similar diseases." If 
 the regulations had laid down the signs by which an individual 
 may be known, or even suspected, " to be subject to epilepsy," and 
 named some of the diseases which are similar to epilepsy^ they 
 would certainly be of very great assistance to medical officers in 
 the examination of recruits. As it is, the board which devised the 
 regulations, has carefully kept this most important knowledge to 
 itself, but perhaps without being aware how very much in the dark, 
 the profession, generally; is upon the subject. 
 
 The above remarks are sufficient to show how unnecessarily 
 vague the regulation is, and how little medical and surgical 
 knowledge has been resorted to in digesting it. 
 
 The regulation on the subject of discharging men from the navy 
 is very short, and requires all the illustration given to it by Mr. 
 Marshall. The following rules are still in force. 
 
 REGULATIONS 
 
 For the discharge of persons from the Naval Service. 
 
 No petty officer, seaman, ordinary seaman, landsman, or boy, is 
 to be discharged, except for one of the following reasons, viz. 
 expiration of term of service ; sentence of a court-martial ; the 
 written order of the commander of the fleet or squadron on a 
 foreign station, reciting the reasons; or unjitness for service, from 
 causes arising subsequently to enlistment; and when a discharge 
 is specially requested by the person himself, and is authorised by 
 the secretary of the navy, or by the commander-in-chief on foreign 
 service. When any petty officer, seaman, &c. is unfit for service, 
 in the opinion of the commander of a vessel, he is, if within the 
 United States, to report the fact to the senior officer in command; 
 or, if on a foreign station, to the officer in command at the port at 
 which he may be, who shall order a survey upon such person by 
 two medical and three other commissioned officers, if there are so 
 many on ihe station, who are to examine and report if unfit for 
 service, and, if so, to state the nature and origin of the disability 
 which report is to be transmitted to the secretary of the navy or the 
 commander-in-chief of the fleet, as the case may be, for decision. 
 Oct. 16, 1824. 
 
 No discharge, excepting in the cases before mentioned, will be 
 made from vessels or stations but by order of the secretary of the 
 navy. 
 
 As a general rule, seamen and marines will not be discharged by 
 permission of the department before the expiration of their term of
 
 XX RECRUITING SERVICE 
 
 service, (unless at the expiration of a long: cruise) without a settle- 
 ment of their accounts, and leaving a balance of one month's pay 
 by the former, and two month's by the latter, to cover the expenses 
 of enlisting others in their place. The marine must also provide 
 a substitute. (Sept. 1831.) If they ever deserted, they will not 
 be discharged (unless ignotniniously) till the expiration of their 
 term. Dec. 1831. 
 
 Malingerers in the army and navy of the United States are not 
 very frequently met with. This may be attributable, in some 
 measure, to the period of enlistment being limited, generally to 
 three years, or five at most, instead of for life as in the British 
 army. For this reason, the most dissatisfied soon learn to tolerate 
 their situation, which is never in itself very unfortunate, and look 
 forward with certainty to the day of their discharge, which is sel- 
 dom so distant as to shut them off from the hope of being free 
 from their engagement, without incurring the risk of punishment 
 or disgrace. Besides, there is no advantage gained by being dis- 
 charged, except freedom from the terms of contract, the law not 
 having provided any pro rata pension based upon length of service. 
 (See page 15G-7.) 
 
 REGULATIONS 
 
 For the General Recruiting Service of Ike Army of the United 
 
 Slates. 
 
 1. The recruiting service will be regulated at general head- 
 quarters. 
 
 2. There will be selected such number of field officers to con- 
 duct the general recruiting of the army, as the interest of the service 
 may require; to whom all officers assigned to the general recruiting 
 duty, will report for orders and instructions, according to the district 
 to which they respectively may be attached. 
 
 3. Selections for the recruiting service will be made without 
 reference to the roster The requisite number of recruiting officers 
 will be determined at general head-quarters, and announced in 
 genera! orders. The captains and subalterns for recruiting ren- 
 dezvous will be selected by the colonels of regiments, unless 
 otherwise directed. Officers on the general recruiting service are 
 not to be ordered on any other duty, except by orders from general 
 head-quarters. 
 
 Duties of Superintendent*. 
 
 4. As soon as the recruiting stations are fixed on, the superin- 
 tendents will notify the assistant commissaries of subsistence at the 
 military posts nearest to their recruiting stations, to supply rations: 
 and will make requisitions for funds on the adjutant general, and 
 for clothing, camp equipage, arms and accoutrements, on the several
 
 OP THE U. S. NAVY. XXI 
 
 departments to which these supplies appertain: forwarding their 
 requisitions through the adjutant general. They will settle with 
 said departments for the items of expenditure under their different 
 heads, rendering the proper accounts and vouchers for the same, 
 quarterly. 
 
 5. Funds will be transmitted direct to each recruiting officer, 
 on the monthly estimates of the superintendents. After the first 
 remittance, estimates based on the monthly expenditures at each 
 recruiting station, are to be transmitted by the several recruiting 
 officers, at the close of the month, to their respective superin- 
 tendents. 
 
 6. Each superintendent will transmit to the adjutant general, 
 monthly returns of recruits, and of the recruiting parties under his 
 superintendence, with a record of the names, the dates, and places, 
 of all discharges, deaths or desertions, during the month : to be 
 accompanied with the enlistment of each recruit enlisted within the 
 month. He will transmit, in like manner, a muster roll of all enlist- 
 ed men belonging to each recruiting station, including the names of 
 all who may have joined since the last muster, or have died or 
 deserted, been transferred or discharged, during the period embraced 
 in the muster roll. 
 
 7. Whenever, in his opinion, the good of the service requires 
 that the recruits, or any part of them, should be sent to regiments, 
 the superintendent will report to the adjutant general for instruc- 
 tions in reference thereto. And whenever recruits are to be sent 
 from a depot or rendezvous, to a regiment or post, a separate muster 
 and descriptive roll, and a separate account of clothing of each 
 detachment, will be placed in the hands of the officer ordered to 
 conduct such detachment. A duplicate of the m.uster and descrip- 
 tive roll, will, at the same time, be forwarded to the adjutant gene- 
 ral, by the superintendent, who will report the name of the officer 
 assigned to the command, and the day of the departure of the 
 detachment from the depot or rendezvous. 
 
 8. A recruiting party will consist, as a general rule, of one com- 
 missioned officer, one non-commissioned officer, and two privates. 
 The recruiting parties will be selected at the principal depots, and 
 care will be taken that none but suitable non-commissioned officers 
 and privates are sent upon this duty. 
 
 9. Music is not considered essential, but if musicians can be 
 enlisted, the usual instruments will be supplied on requisitions pro- 
 perly made, and the musicians may be retained at the rendezvous. 
 
 10. Tours of inspection by superintendents, will be made only 
 on instructions from general head-quarters; nor will officers on the 
 recruiting service be sent from place to place without orders from 
 the same source. No expenses of transportation of officers will be 
 admitted that do not arise from orders emanating from general head- 
 quarters.
 
 XX11 RECRUITING SERVICE 
 
 Duties of Recruiting Officers. 
 
 11. Success in obtaining- recruits depends much on the activity 
 and personal attention of recruiting officers. They will be careful 
 not to allow any man to be deceived or inveigled into the service by 
 the tricks or false representations of the soldiers or non-commis- 
 sioned officers of their parties. None but men of good character, 
 sound in body and mind, of good appearance, and well formed, and 
 fit, in every particular, to perform the duties of a soldier, will be 
 received. The nature of the service, the length of the term, the 
 pay. clothing, rations, and other allowances to which a soldier is 
 entitled by law, must be fully set forth and explained to every man 
 who offers to enlist; and it will be proper, at the same time, to 
 caution him to consider well before he enters into the contract with 
 the government, as no man is wanted who does not come volun- 
 tarily to the standard of his country. It will be equally proper to 
 inquire whether the men who offer are married or single, as those 
 with families are not to be enlisted without special authority from 
 general head-quarters, obtained through the superintendent. This 
 rule is not to apply to non-commissioned officers and soldiers who 
 may re-enlist. If very young men present themselves, they are to 
 be treated with great candour: the names and residences of their 
 parents or guardians, if they have any, must be ascertained, and 
 their friends must be informed of their wishes to enlist, that they 
 may make their objections or give their consent. 
 
 12. After a man has been thus treated, and is willing to enlist, 
 he may be allowed twenty-four hours to consider on the subject; 
 the oath is, therefore, not to be administered to him until after that 
 time, or even after two days, if the officer thinks he is not yet settled 
 in his mind as to becoming a soldier : and if the recruit should see 
 proper to cancel his engagement previously to taking the oath, he 
 shall be at liberty to do so. 
 
 13. Recruiting officers must be very particular in ascertaining 
 the true age of a recruit. They are not always to take the word 
 of the recruit, but are to rely on their own judgment for the ascer- 
 tainment of his probable, if not actual age. 
 
 14. It is in the power of any recruiting officer to make his party 
 respectable and respected. He must, in his own person, set an 
 example of that courteous and moral deportment which ought ever 
 to characterise military men. A paternal care must be constantly 
 extended to the recruits. Should they be sick, they will claim his 
 particular attention, to see that they are not neglected, and that 
 every essential comfort is procured for them. If the recruits are 
 disposed to be troublesome to the neighbourhood, the officer must 
 make it his duty to suppress every irregularity, and correct the 
 disorderly, using first mild admonitions, which, if seasonably 
 resorted to, will generally produce the desired effect. No instance of 
 impropriety should go unnoticed. 
 
 15. The cultivation of a good understanding with the people of
 
 OF THE U. S. NAVY. XXlll 
 
 the town, village, or neighbourhood, on the part of the recruiting 
 officers, may tend much to advance the interests of the service, and 
 often be the means of procuring good men : when a distant deport- 
 ment, a frigid unbecoming hauteur, will not only repel the think- 
 ing and worthy part of the community, but frequently defeat the 
 very object for which an officer may have established his party in 
 the place. 
 
 1G. The magistrate employed to swear in the recruits, may, if 
 troaled with duo respect arid confidence, be often instrumental in 
 discovering the true character of those who may propose to enlist. 
 It would then be well to ask his opinion and advice, as to the 
 propriety of enlisting any individual brought before him to be 
 sworn in. If it be generally known around the country that the 
 enlistment is on fair terms, that the pay is sufficient to induce 
 respectable young men to enter the service, and that none others 
 will be received, the character of the army will be held in due esti- 
 mation, and the objections to join it, will, in a great measure, be 
 removed. 
 
 17. The personal appearance of the men is highly important. 
 The recruiting officer will give his particular attention to this sub- 
 ject. He will see that the men under his command are neat in their 
 appearance, and that they are made to wear their military dress in 
 a becoming manner. 
 
 18. These instructions are thus particular, that the officers 
 interested may know that it is not desirable to fill the ranks, unless 
 it can be done fairly and honourably, and with men of suitable 
 character. 
 
 19. All free white male persons, above the age of 18, and under 
 35 years, being at least 5 feet 6 inches high, who are " effective 
 able bodied citizens of the United States" native or naturalized, 1 
 sober, and free from disease, may be enlisted. This regulation, so 
 far as it respects the height and age of the recruit, shall not extend 
 to musicians, or to those soldiers who may re-enlist into the service. 
 
 20. No person under the age of 21 years, is to be enlisted with- 
 out the written consent of his parent, guardian, or master, if he 
 have any. 
 
 21. Before a minor, as such, can be enlisted, the written consent 
 of his parent, guardian, or master, must be first obtained, and 
 appended to the enlistment. If the minor assert that he has no 
 parent, guardian, or master, the recruiting officer, in order to 
 prevent imposition on the public, as well as to guard himself against 
 the penalty of the law. shall procure the best authentication of the 
 fact, which he will in like manner append to the enlistment. 
 
 22. Enlistments must, in all cases, be taken in duplicate, one of 
 which the recruiting officer will transmit to the superintendent for 
 the adjutant general ; the other he will forward direct to the second 
 
 1 Naturalized citizens must speak and understand the English language. 
 Circular to Sup. Rec'g. Service, August IQlh, 1834.
 
 \KIV RECRUITING SERVICE 
 
 auditor of the treasury, as a voucher in the settlement of his 
 accounts. The enlistments will he filled up in a fair and legible 
 hand, and the real name of the recruit be ascertained and correctly 
 spelled. Each enlistment will he endorsed as follows : 
 
 No. . 
 A n 
 
 .1* U 
 
 enlisted at 
 
 January , 183-, 
 
 By Lt. C D , 
 
 Regiment of . 
 
 The number to correspond with the names alphahetically ar- 
 ranged. 
 
 23. Whenever a soldier re-enters the service, the officer who 
 enlists him will endorse on the enlistment, next below his own 
 signature, "second (or third) enlistment," as the case may be, 
 together with the name of the regiment and the letter of the com- 
 pany in which the soldier last served. 
 
 24. The filling up of, and endorsement on, the enlistment, will 
 be in the hand writing of the recruiting officer, or done under his 
 immediate inspection; as evidence of which he will sign his name 
 on the margin. 
 
 25. As there is no bounty allowed to recruits, they are to be 
 mustered and paid with the recruiting parties, and those at the 
 depots are to be regularly mustered and paid in the same manner 
 as other soldiers. 
 
 26. After a man has enlisted, the recruiting officers will have his 
 hair cut according to the military fashion, and cause him to be well 
 washed from head to foot; after which he will have him dressed in 
 the clothing furnished by government; properly fitted to his person, 
 and cause his citizen's dress to be disposed of. No soldier is to be 
 allowed to keep in his possession any articles of clothing, other 
 than such as he receives from government, and belong to his mili- 
 tary character. 
 
 27. It is the duty of the recruiting officer to see that the quarters 
 for the men are comfortable, and supplied with such conveniences 
 and bedding as are allowed in barracks; that the provisions arc 
 good, and regularly supplied ; that they are properly cooked and 
 economised ; and that there be regularity in the messes, and due 
 decorum preserved at all times. 
 
 28. In order to make a fund for obtaining the necessary equipage 
 for the table of his men, the recruiting officer will be permitted to 
 commute for money with the assistant commissary, the rations due 
 (he party, and not consumed, believing that by proper management 
 and economy, the rations allowed will more than suffice; out of 
 which fund the table furniture and other comforts are to be pro- 
 mred. For the accountability of this fund, the principles laid 
 'nvn under the head of council of administration, will apply. The
 
 OF THE U. S. ARMY. XXV 
 
 instruction of the recruits will commence from the moment of 
 enlistment, as well to provide against the vice of idleness, as to. 
 qualify them to join some regiment. In general, and under favour- 
 able circumstances, two months ought to he sufficient to make them 
 acquainted with the first duties of police and the schools of the 
 soldier and company in infantry tactics. 
 
 2 ( J. Every officer commanding a recruiting parly where there is 
 no quartermaster, will procure the necessary transportation, forage, 
 fuel, straw, and stationary, taking the requisite vouchers; but no 
 non-comrnissiont'd officer or soldier is to be allowed to become a 
 contractor for the supplying of any article which may be required 
 of the quartermasters or subsistence departments. 
 
 30. 'The necessary blank enlistments, muster rolls, printed re- 
 turns and forms, will be furnished by the adjutant-general, to all 
 officers employed on the recruiting service, on their requisitions ; 
 they are, therefore, prohibited from using any other forms or blanks 
 whatever. 
 
 31. Recruiting officers in charge of rendezvous will transmit to 
 the proper officers the following rolls, returns, and documents : 
 
 To the Superintendent. 
 
 32. A monthly return of recruits and of the recruiting party, 
 accompanied with the enlistment of every recruit enlisted within 
 the month. 
 
 33. Regular muster rolls of the permanent recruiting party and 
 of the recruits; also muster and pay rolls, in duplicate, for pay; 
 which latter may be sent direct to the nearest paymaster, when 
 authorised by the superintendent. 
 
 34. Muster and descriptive rolls of every detachment of re- 
 cruits ordered to the principal depot. If the recruits be ordered to 
 proceed from the rendezvous direct to join any regiment or post, 
 these rolls will be made in duplicate, one of which will be delivered 
 to the officer placed in charge of the detachment, and the other 
 sent to the superintendent. 
 
 35. An account of clothing issued to each man belonging to the 
 detachment of recruits ordered to principal depots, or to regiments 
 direct. 
 
 To the Quartermaster- General. 
 
 36. A quarterly return of clothing, of camp equipage, and of 
 all public property in his charge ; a copy of each to be sent to the 
 superintendent. 
 
 To the Ordnance Department. 
 
 37. A quarterly return of arms, accoutrements, ammunition, and 
 of all ordnance stores. 
 
 9 c mar 3*
 
 KXV1 RECRUITING SERVICE 
 
 To the Second Auditor of the Treasury. 
 
 38. Recruiting accounts, and accounts current, monthly, accom- 
 panied with one set of enlistments. 
 
 39. Abstract of contingent expenses for recruiting, monthly, to 
 be forwarded within the three first days of the month ; copies of 
 which abstracts will be transmitted to the superintendent. 
 
 40. Whenever an officer is relieved or withdrawn from the re- 
 cruiting service, he will pay over the balance of any unexpended 
 recruiting funds in his possession, to the officer appointed to suc- 
 ceed him, or to the paymaster, if no officer be so designated; and 
 if there be no paymaster or other proper officer convenient to receive 
 such balance, the amount will be deposited, to the credit of the 
 treasury of the United States, in some bank in which the public 
 moneys are kept. In either case, the officer will forward to the 
 second auditor the evidence of the disposition he may make of the 
 funds, and report the fact to the adjutant-general and to the super- 
 intendent; or to his colonel, if on regimental recruiting service. 
 
 Regimental Recruiting Service. 
 
 41. Every colonel or commandant of a regiment will endeavour 
 to keep his regiment up to its establishment; and, for that purpose, 
 will obtain the necessary funds in the manner prescribed for the 
 superintendents of the general recruiting service, by requisitions on 
 the adjutant general, at Washington. 
 
 42. At each station occupied by his regiment, or any part of it, 
 the colonel will designate an officer to attend to the recruiting for 
 his regiment, which designation will not relieve such officer from 
 his ordinary duties. The officers thus designated will be furnished 
 by the colonel with the necessary funds, on estimates arid requisi- 
 tions made on him, (in the manner prescribed for the officers on 
 the general recruiting service,) and they will, with the approbation 
 of the commanding officer of the station, enlist all suitable men, and 
 make all the disbursements incidental to such enlistments, render- 
 ing their accounts monthly for settlement, in the manner prescribed 
 for officers on the general recruiting service. The colonel will 
 transmit to the adjutant-general a monthly return of recruits, with 
 an enlistment of each man enlisted within the month. 
 
 Inspection of Recruits. 
 
 43. The superintendent or commanding officer will cause a 
 minute and critical inspection to be made of every recruit received 
 at a depot, three days after his arrival ; and should any recruit be 
 found unfit for service, or to have been enlisted contrary to law or 
 regulations, he shall assemble a "board of inspectors," to consist of 
 the three senior officers present for duty, and the senior officer of
 
 y _ OP THE U. 8. ARMY. XXVJi 
 
 the medical staff, to examine into the case. If the board decide to 
 reject the recruit, and recommend his discharge, the reasons there- 
 for will be stated in detail, in a special report to the adjutant-gene- 
 ral, which report wili be accompanied with the surgeon's certificate 
 of disability. 
 
 4-1. Every detachment ordered from a principal depot to any 
 regiment or post, shall, immediately preceding its departure, be 
 critically inspected by the superintendent or commanding officer 
 and surgeon. Should it be necessary to assemble the board of in- 
 speoiors, and any recruit be then rejected, the report and surgeon's 
 certificate in the case will be forwarded to the adjutant-general, as 
 above prescribed. 
 
 45. Every detachment of recruits received at a military post or 
 station shall be carefully inspected by the commanding officer and 
 surgeon, on the fourth day alter ils arrival; and if, on such inspec- 
 tion, any recruit, in their opinion, be unsound or otherwise defec- 
 tive, in such degree as to disqualify him for the duties of a soldier, 
 then a board of inspectors will be assembled to pass upon the re- 
 cruit; and should he be rejected by the board, the required report 
 in the case, with the surgeon's certificate, will be transmitted to the 
 adjutant-general, by the commanding officer of the post, for the 
 decision of the general-in-chief. 
 
 46. Whenever a recruit is rejected, the board will report whether, 
 in its opinion, the disability or other cause of rejection existed or 
 originated before or after the date of his enlistment; and, if the 
 former, whether, with due care and proper examination, such dis- 
 ability might not, in its opinion, have been discovered by the 
 recruiting officer and examining surgeon, at the time the recruit 
 enlisted. 
 
 47. As the decision of boards of inspectors may often involve 
 the recruiting officers in pecuniary liabilities, by being required to 
 refund to the United States the amount of any loss occasioned by 
 the discharge of a rejected recruit, the board will, in all cases, make 
 the proper discriminations, and always state whether the want of 
 clue examination of recruits at the time of enlistment be attributable 
 to the recruiting officer or examining surgeon, or to both; and, as 
 far as may be practicable, to state the amount with which either 
 ought, in its opinion, to be chargeable. 
 
 48. Boards of inspectors for the examination of recruits will be 
 composed of the three senior officers present on duty in the line, 
 and senior medical officer of the army present; and when organ- 
 ised at the principal depot, the superintendent, or, in his absence, 
 the commanding officer, will preside; if at a military post, the 
 commanding officer will preside at the board of inspection. 
 
 49. When a recruit is rejected and discharged in consequence of 
 the non observance of the recruiting regulations by the recruiting 
 officer and examining surgeon, they shall be charged with the 
 amount of the bounty and clothing which the recruit, so rejected,
 
 XXV11I RECRUITING SERVICE 
 
 may Iiave received from the public, to be deducted out of the pay 
 and emoluments of such officers. 
 
 Recruits sent to Regiments. 
 
 50. An officer intrusted with the command of recruits ordered 
 to regiments, will, on arriving at the place of destination, complete 
 "the muster and descriptive roll" furnished him at the time of set- 
 ting out, by inscribing in the column of remarks the time and place 
 of any death, desertion, apprehension, or other casualty that may 
 have occurred on the route; and present the same, properly signed, 
 to the commanding officer of the regiment or post, together with 
 the "account of clothing" issued to each recruit. He will furnish 
 the adjutant-general and the superintendent, each, with a descrip- 
 tive roll of such men as may have deserted, died, or been left on 
 the route from any cause whatever. He will forward, in like man- 
 ner, a special report of the execution of his orders, and will notice 
 all circumstances worthy of remark which may have occurred on 
 the march ; he will also report the condition and strength of the 
 detachment when turned over to the commanding officer, as well 
 as the day of his arrival at the post. 
 
 Duties of Examining Surgeons. 1 
 
 51. Medical officers, whose duty it may he to examine recruits, 
 will be particular in causing each recruit to be stripped of all his 
 clothes, and to be made to move about and exercise his limbs in 
 their presence, in order to ascertain whether he has the free use of 
 them; that his hearing and vision are perfect; that he has no tu- 
 mours, ulcerated legs, rupture, or chronic cutaneous affections, or 
 other infirmity or disorder which may render him unfit for the active 
 duties of a soldier, or be the means of introducing disease into the 
 army; and it shall be their duty to ascertain, as far as practicable, 
 whether the recruit is an habitual drunkard, or subject to convul- 
 sions of any kind, or lias received any contusions or wounds in 
 the head, which produce occasional insanity. With any of these 
 defects, the man is to be refused as unfit for service. It will also 
 be the duty of the examining surgeon to ascertain whether the re- 
 cruit has had the varioloiis or vaccine affection; and if he have 
 not, to see that he be vaccinated immediately after enlistment, or as 
 soon thereafter as practicable. It is the duty of the recruiting offi- 
 cer to be always present at the examinations of the recruits by the 
 examining surgeon. 
 
 52. No citizen surgeon shall be employed to inspect or attend 
 recruits at any post or place where there is a surgeon or assistant 
 surgeon of the army. Where there is more than one recruiting 
 party in a place, the senior officer will engage a surgeon to attend 
 the whole. 
 
 1 See Routine examination, page 31.
 
 OF THE U. S. ARMY. XXIX 
 
 53. Surgeons will attend at the rendezvous at least twice a day, 
 at such hours as the recruiting officer shall establish. 
 
 Depots for Collecting and Instructing Recruits. 
 
 54. For the purpose of collecting and instructing the recruits 
 enlisted at the several rendezvous, there will be established depots 
 at convenient poinls. 
 
 55. To each depot there will be assigned a suitable number of 
 officers to command and instruct the recruits. The recruits, as 
 they arrive, are to be thoroughly inspected and examined as to 
 their fitness for the service, by a board of inspectors. 
 
 56. It will be determined at general head-quarters what number 
 of recruits may be required for eacli arm, and, on instructions from 
 the adjutant-general, the number will be assigned accordingly. 
 
 57. The recruits are to be dressed in uniform like the other 
 troops, according to their respective arms, and are to be mustered 
 and paid in like manner. They are to be regularly drilled in the 
 infantry tactics, from the school of the soldier to that of the batta- 
 lion, and in the exercises of the field and garrison pieces. Duty is 
 to be done according to the rules of service as set forth in the regu- 
 lations. 
 
 58. In order to furnish the requisite number of musicians for 
 the several regiments, such of the recruits as are found to possess a 
 natural talent for music may, besides tho drill, be instructed on the 
 fife, bugle, drum, or other military musical instrument. 
 
 59. As it is desirable to give encouragement to the recruits, and 
 to hold out inducements to good conduct, the commanding officer 
 of the depot may promote such of them to be lance-corporals and 
 lance-serjeants. as exhibit superior military tact and requisite quali- 
 fications, not exceeding the proper proportion to the number of re- 
 cruits at the depot. These appointments will be announced in 
 orders in the usual way, and will continue in force until they join 
 their regiments, unless sooner revoked. No allowance of pay or 
 emoluments is to be assigned to these appointments; they are only 
 to be considered as recommendations to the captains of companies, 
 and colonels of regiments, for the places in which they may have 
 acted ; they are nevertheless to be treated with all the respect, and 
 to have all the authority, which may belong to the stations of ser- 
 jeant and corporal. 
 
 60. The rules and articles of war are to be read to the recruits 
 every week, after tho inspection, particularly so much thereof as 
 relates to the duties of non-commissioned officers and soldiers. The 
 commanding officer is to see that each recruit is furnished with a 
 ' soldier's book" and that his accounts are regularly entered, and 
 that tha book is properly filled, according to the directions con- 
 tained in it. The sutler of the post is to supply these books, and 
 receive payment for the same from the recruits at their first pay- 
 ment.
 
 XXX PENSIONS. 
 
 61. Whenever recrnits are permitted to go abroad, they are to 
 be dressed in their full uniform, and to appear in a neat, soldierly 
 manner: every reasonable indulgence ought to be extended towards 
 them, and they ought at all times to be treated with kindness and 
 propriety. 
 
 62. The recruits are not to be put to any labour or work which 
 would interfere with their instruction, nor are they to be employed 
 but as soldiers, in the regular duties of garrison or camp. 
 
 Recruits in Depot at Military Posts. 
 
 63. When recruits are received at a military station, the com- 
 manding officer will place them under the charge of a commissioned 
 officer, whose duty it will be to see that they are comfortably quar- 
 tered, kindly treated, and welt taken care of, and that they are pro- 
 perly drilled and instructed in their duties as soldiers. They are 
 not to be put on any fatigue duty or working 1 parties, except for the 
 ordinary police, and then only by regular detail, in common with 
 the other men of the garrison. 
 
 64. When recruits are ordered from a post, or are attached to 
 companies, the commanding officer of the post will be responsible 
 that the regular descriptive rolls and account of clothing and pay 
 of each recruit are furnished to the captain or other officer who is 
 to receive the recruits. The original muster and descriptive roll of 
 each detachment, with remarks showing the final disposition of each 
 recruit, and the regiment and letter of the company to which at- 
 tached, will be signed by the commanding officer, and forwarded 
 to the adjutant-general. 
 
 By command of MAJOR-GENERAL MACO-MB, Commanding in 
 chief. 
 
 R. JONES, 
 Adjutant- General- 
 
 PENSIONS. 
 
 All officers, non-commissioned officers, musicians, and privates, 
 whether of the regular forces, militia, volunteers, rangers, or sea- 
 fencibles, if disabled by wounds or otherwise, while in the service 
 of the United States since the close of the revolutionary war, may 
 be placed on the invalid pension-list, at such rate of pay and under 
 such regulations as shall be directed by the President of the United 
 States for the time being: Provided, always, that the rate of com- 
 pensation for such wounds or disabilities shall never exceed, for 
 the highest disability, half the monthly pay received by any com- 
 missioned officer at the time of being so wounded or disabled; and 
 that the rate of compensation to non-commissioned officers, privates, 
 and musicians, shall never exceed eight dollars per month.
 
 PENSIONS. XXXI 
 
 Similar provision has been made for all classes of officers, men 
 and hoys employed in the navy of (he United Slates. 
 
 The following regulations and legal opinions are taken from 
 "An abstract of the several pension laws now in force, for invalid, 
 revolutionary, or other pensioners, together with the constructions 
 which have been placed upon such laws by the war department or 
 tiie attorney-general, and the forms necessary to be followed by the 
 applicants for pensions under the several laws," compiled by /. L. 
 Edwards, Commissioner of Pensions, in conformity with a reso- 
 lution of the house of representatives, October 9, 1837. 
 
 Description of disability which entitles the. claimant to a pension. 
 
 WASHINGTON, April 6, 1815. 
 
 The secretary of war having, in a letter of the 4th instant, de- 
 sired my opinion on the true meaning of the h'rst clause of the four- 
 teenth section of the act of congress, passed on the 16th of March, 
 1802, for fixing the military peace establishment, I have the honour 
 to submit the following: 
 
 The words of the clause are, "That if any officer, non-commis- 
 sioned officer, musician, or private, in the corps composing the 
 peace establishment, shall be disabled by wounds or otherwise, 
 while in the line of his duty in public service, he shall be placed 
 on the list of invalids of the United States, at such rate of pay, and 
 under such regulations, as may be directed by the President of the 
 United States for the time being." 
 
 The question made is. In what other way than by wounds must 
 the disability have been incurred, to entitle the party to the pay 
 provided ? 
 
 The words of the section are not quite so distinct as to remove 
 all grounds for diversity of opinion; yet, unless some liberality i 
 their interpretation be allowed, it is to be feared that the benignant 
 intentions of the law might be in danger of being curtailed or frus- 
 trated. The expression "or otherwise" is placed in contrndislinc 
 tion to wounds. In its primary signification, it may be taken to 
 import a disability brought on by the direct and apparent agency 
 of accidents or inflictions from the hand of God or man, happening 
 to the party while in the immediate and obvious discharge of his 
 duty, but which could not, with technical propriety, be denominat- 
 ed wounds. Instances of the kind may readily be conceived: as if 
 an officer, while exercising his men on a hot day, should receive a 
 stroke of the sun; a musician, while obeying an order to sound his 
 bugle, should rupture a blood-vessel; or a soldier, while working 
 upon fortifications, should dislocate a limb: in such and similar 
 cases that may be imagined, it cannot be doubted but that the disa- 
 bility would he brought on in a mode to meet the alternative stated 
 in the act. It will he to enlarge it but a little more, and, as it is 
 conceived, to uphold its genuine and humane spirit, as well as its 
 legal sense, to say that the connection between the inflicting agent
 
 XXX11 PENSIONS. 
 
 and consequent disability need not always be so direct and instan- 
 taneous. It will be enough if it be derivative, and the disability 
 plainly, though remotely, the incident and result of the military 
 profession. Such are the changes and uncertainties of the military 
 life; such oftentimes its toils as well as its hazards, that the seeds 
 of disease, which finally prostrate the constitution, may have been 
 hidden as they were sown, and thus be in danger of not being 1 
 recognised as first causes of disability in a meritorious claim put 
 forth for the bounty of the act. It would not, I think, be going too 
 far to say that, in every case where an officer or private loses his 
 health while in the service, to such a degree as to be disabled from 
 performing his duty any more, he is contemplated, prim a facie, as 
 an object of this charitable relief from the legislature. I feel more 
 doubtful in fixing, by any undeviating standard, what is meant by 
 being 1 in the line of his duty. Upon this point I should presume, 
 however, that every officer in full commission, and not on furlough, 
 must be considered in the line of his duty, although, at the moment. 
 no particular or active employment is devolved upon him. The 
 same of a soldier who is kept in pay; for it is presupposed of both 
 the one and the other that they are at all times prepared for duty; 
 and it is surely of indispensable obligation upon them to keep them- 
 selves detached from other pursuits, so as to be ready, at a moment, 
 to answer any call emanating from those who may be authorised to 
 command them. Perhaps a voluntary absence, too long continued, 
 on the part of an officer, from his station, might form an exception, 
 so as to exclude the idea of his having been in the line of his duty 
 during any accident or sickness palpably proceeding from causes 
 while he was away. But the officer who, by reason of marches in 
 damp or cold weather, or who, from living in a garrison exposed to 
 marshy exhalations, finds, even at some interval, his constitution 
 broken down by rheumatism, or enfeebled by the constant recur- 
 rence of fever,", is surely as just an object of this humane stipend 
 at the hands of government, as he who may have had his arm shr.t- 
 tered by a bullet. Others may also be supposed, in which the per- 
 formance of military duty, in some of the various shapes it may be 
 made to assume, has proved the original, though it may not be ad- 
 mitted as the proximate, cause of the disability superinduced. 
 
 In the discretion which is vested in the President, a sufficient 
 guard is established that an interpretation of the act, such as is in- 
 dicated by the foregoing remarks, will not open the way to abuse. 
 If the loss of health should have proceeded from careless or irregu- 
 lar habits in the parly much more if from vicious ones; or if he 
 brought to the service or ranks of his country a constitution already 
 impaired, or rankling with the gerrn of maladies that afterward do 
 nothing more than ripen into activity; these will form occasions 
 for caution, or for an entire exclusion from the bounty, when the 
 executive duty comes to be performed in the way congress have 
 pointed out. A claimant who was suspected not to stand in lights 
 altogether meritorious or innocent, must expect that his application
 
 PENSIONS. XXX1I1 
 
 would imot a severe scrutiny, and certain rejection at the discovery 
 of any thin? that co:ild taint it with unfairness or imposition. But 
 if the sound construction bQ not at least as broad as I have sup- 
 posed, we shnll be at some loss to know what meaning the words 
 "inferior disabilities," used in the concluding sentence of the four- 
 teenth section, were intended to convey. 
 
 It may, perhaps, be said that, to earn the bounty,. the disability 
 should have been incurred by accidents or sickness peculiar to the 
 employments of military men, and such as it may reasonably be 
 supposed would have been avoided in other occupations. But it is 
 conceived that this would prove a vague and deceptions rule of in- 
 terpretation. With what safety or with what certainty could it be 
 applied? The soldier asleep in garrison may suddenly, when he 
 awakes, rind his eyesight gone, without being sensible himself, or 
 without its being imagined by others, that the predisposing and 
 latent cause of his affliction was imbibed in ascending the Missis- 
 sippi months before, while a hot and vertical sun was flashing its 
 fires around him. Another may linger in consumption, the conse- 
 quence of perhaps a slight cold in the beginning, but of which the 
 labours and hardships of his life may never have allowed him an 
 opportunity to get rid; and a third may be bed-ridden under a 
 palsy, which the change of habits and aliment after his enlistment 
 may have been the chief though occult causes in producing. It 
 would be easy to multiply, indefinitely, such illustrations applicable 
 alike to the condition of officers and me,n. 
 
 I would remark, as giving strength to the principles which I 
 suppose the legislature to have had in mind in framing this section, 
 that we find it recorded in the Digest of Justinian, that "he who 
 has hired his services, is to receive his reward for the whole time, 
 if it has not been his fault that the service has not been performed." 
 So, too, by the maritime law it is well understood, that if sickness 
 or disability overtakes a seaman, which was not brought on by 
 vicious or unjustifiable conduct, he is entitled to his full wages. for 
 the voyage: nor does it make any difference whether it carne on 
 during the time he was on actual duty, or was merely accidenlal 
 while he continued in the service. These principles have been 
 sanctioned by time, and it is hoped that it will not have been 
 deemed out of place to advert to the analogies they hold up. 
 
 RICHARD RUSH, Attorney General. 
 
 " Total disability" understood to apply to the nature of the disa- 
 bility, and not to the extent, in certain cases. 
 
 DEPARTMENT OF WAR. October 23, 1828. 
 
 Sir, In answer to your inquiry of this morning, I unhesitatingly 
 
 give it as my opinion that the words "total disability," as used in 
 
 the proviso of the act entitled "An act regulating the payments to 
 
 invalid pensioners," passed March 3, 1819, were intended as de-
 
 XXXIV PENSIONS. 
 
 script! ve only of (he nature or character, and not of the extent, of 
 those disabilities; the biennial repetition of the proof of which is 
 declared to be unncessury. 
 
 The object of the enacting 1 clause of this law, which contains but 
 one section, is to oblige pensioners to exhibit proofs of the state of 
 their respective disabilities at given periods, with a view to ^radnate 
 the amount of the pension by the extent of the disability for the 
 time being. 
 
 The object and spirit of the proviso is to save those pensioners, 
 who are placed on the list in consequence of disabilities which are 
 in their nature permanent arid unchangeable, the trouble and ex- 
 pense of a useless repetition of proof; and they equally embrace 
 cases (technically speaking) of partial and total disability. The 
 word "total," therefore, as here used, in connection with "disa- 
 bility," should not be taken in its technical sense, as indicating that 
 extent of disability which entitles to a full pension; but in its ordi- 
 nary sense, and conveying the same meaning as if the word perfect, 
 or complete, or permanent, (for each of which il is often used as a 
 substitute,) had been employed. The proviso, indeed, explains 
 itself, by adding to the words "total disability" the following exem- 
 plification of its meaning, viz: "In consequence of the loss of a 
 limb, or other causes which cannot, either in whole or in part, be 
 removed." 
 
 ff a soldier loses an arm or a leg, he presents a case of total dis- 
 ability, which entitles him to a full pension; and he need not re- 
 peat his proof, because the record shows that the disability is such 
 as cannot, in the nature of things, be removed. But if a man lose 
 only two fingers or two toes, it isa case of partial disability, and he 
 receives only a part pension. It would, however, be equally idle 
 and absurd to require him, in this case, to prove, every two years, 
 that his fingers or toes have not grown out again, as it would, in 
 I he other, to oblige him to show that his arm or leg has not been 
 restored. 
 
 P. B. PORTER. 
 
 JAMES L. EDWARDS, Esq. Pension Office. 
 
 Surgeons' affidavit. 
 
 [Date.] 
 
 It is hereby certified that , a in the com- 
 
 pany of , in the regiment of the United States 
 
 , is rendered incapable of performing the duty of a soldier, 
 by reason of wounds or other injuries inflicted while he was actually 
 in the service aforesaid, and in the line of his duty, viz: 
 
 By satisfactory evidence and accurate examination, it appears that 
 on Ihe day of , in the year , being 
 
 engaged , at or near a place called , in the
 
 PENSIONS. XXXV 
 
 state (district or territory) of , he received in 
 
 his 1 
 
 And he is thereby not only incapacitated for military duty, but, 
 in the opinion of the undersigned, is 2 disabled from 
 
 obtaining his subsistence from manual labour. 
 
 > Surgeons. 
 
 Application for an increase of pension. 
 
 It is hereby certified that , formerly a of 
 
 Captain 's company, in the regiment of , who, 
 
 it appears by the accompanying (a) , was placed on the pen- 
 
 sion-roll at the rate of dollars per month, on account, as he 
 
 states, of having received a (b) while 
 
 in the line of his duty, and in the said service, on or about the 
 day of , in the year , at a place called , in 
 
 the state (or territory) of , is not only still disabhd in conse- 
 
 quence of the said injury, but, in my opinion, is entiiled to 
 more than he already receives as a pensioner, being disabled to a 
 degree amounting to (c) of a total disability. 
 
 > Surgeons. 
 
 ' Here give a particular description of the wound, injury, or disease; and 
 specify in what manner it has affected the applicant, so as to produce disa- 
 bility in the degree slated. 
 
 * N. B The blank in the last line but one is to be filled up with the pro- 
 portional "degree" of disability ; for example, " three fourths," "one half," 
 "one third," dec. or "totally," as the case may be. 
 
 f!^ The magistrate who may administer the oaths to the surgeons must 
 certify that they are reputable in their profession ; and the official character 
 and signature of the magistrate must be certified by the proper officer under 
 his seal of office. 
 
 Mode of authenticating papers. In every instance where the certificate 
 of the certifying officer who authenticates the papers is not written on the 
 same sheet of paper which contains the affidavit, or other paper authenti- 
 cated, the certificate must be attached thereto by a piece of tape or small 
 riband, the ends of which must pass under the seal of office of the certify- 
 ing officer, so as to prevent any paper from being improperly attached to the 
 certificate. 
 
 If the claimant is within thirty miles of an army surgeon, he must obtain 
 his ti stimony. 
 
 () The punsion certificate issued from the war office, which must be re- 
 turned to the commissioner of pensions. 
 
 (6) Here give a particular description of the wound, injury, or disease, 
 and specify in what manner it has affected the applicant, so as to produce 
 disability in the degree stated; and show its origin and progress. 
 
 (c) N. B. The blank in the last line is to be filled up with the propor- 
 tional ' degree" of disability; for example, "three fourths," "one half," 
 "one third," &c. or "totally," as the case may be.
 
 xxxvi PENSIONS. 
 
 Member of congress may certify as to the character of a surgeon. 
 
 WAR DEPARTMENT, Jane 17, 1834. 
 
 The rule of November 17, 1831, is hereby so amended as to allow 
 the certificate of a member of congress, as to the character of a sur- 
 geon or physician, to be received in a case where the pensioner 
 cannot conveniently obtain the certificate of the agent for paying 
 pensions. 
 
 LEWIS CASS. 
 
 Rules of evidence relative to invalid pensioners. 
 
 Any officer, non-commissioned officer, musician, or private, who 
 has been wounded or disabled since the revolutionary war, while 
 in the line of his duty in the actual service of the United States, 
 whether he belong 1 to the military establishment or to the militia, or 
 to any volunteer corps called into service under the authority of the 
 United States, 1 may be placed on the pension-list of the United 
 States, at such rate of compensation, and under such regulations, 
 as are prescribed by the act entitled "An act to provide for persons 
 who were disabled by known wounds received in the revolutionary 
 war," passed April the tenth, one thousand eight hundred and six. 
 In substantiating such claim, the following rules and regulations 
 shall be complied with, that is to say: all evidence shall be taken 
 on oath or affirmation, before the jud^e of the district, or one of the 
 judges of the state or territory 2 in which such claimant resides, or 
 before some person specially authorised by commission from said 
 judge.- Decisive disability, the effect of a known wound or injury, 
 received while in the actual service and line of duty, must be proved 
 by the affidavit of the commanding officer of the regiment,- corps, 
 company, ship, vessel, or craft, in which such claimant served, or 
 of two other credible witnesses to the same effect, setting forth the 
 time when, and place where, such known wound or injury was 
 received, and particularly describing the same. The nature of such 
 disability, and in what degree it prevents the claimant from obtain- 
 ing his subsistence, must be proved by the affidavit of some reput- 
 able physician or surgeon, stating his opinion, either from his own 
 knowledge and acquaintance with the claimant, or from an exami- 
 nation of such claimant on oath or affirmation, which, when neces- 
 sary for that purpose, shall he administered to said claimant by said 
 jud^e or commissioner; and the said physician or surgeon, in his 
 affidavit, shall particularly describe the wound or injury from 
 whence the disability appears to be derived. Every claimant must 
 prove, by at least one credible witness, that he continued in service 
 during the whole time for which he was detached, or for which ho 
 
 1 Act 25ih April, 1803, sec. 4. * Act 18th April, 1814. sec- 3.
 
 PENSIONS. XXX VII 
 
 engaged, unless he was discharged, or left the service in conse- 
 quence of some derangement of the army, or in consequence of his 
 disability resigned his commission, or was, after his disability, in 
 captivity or on parole; and, in the same manner, must prove his 
 mode of life and employment -since he left the service, and the 
 place or places where he has since resided, and his place of resi- 
 dence at the time of taking such testimony. Every claimant shall, 
 by his affidavit, give satisfactory reasons why he did not make ap- 
 plication for a pension before, and that he is not on the pension-list 
 of any state; and the judge or commissioner shall certify, in writ- 
 ing, his opinion of the credibility of the witnesses, whose affidavits 
 he shall take, in all those cases where, by this act, it is said the 
 proof shall be made by a credible witness or witnesses; and, also, 
 that the examining physician or surgeon is reputable in his pro- 
 fession. The said judge of the district, or person by him com- 
 missioned as aforesaid, shall transmit a lis.t of such claims, accom- 
 panied by the evidence, affidavits, certificates, and proceedings had 
 thereon, in pursuance of this act, noting particularly the day on 
 which the testimony was closed before him, to the secretary for the 
 department of war, &c. And it shall be the duly of the judge or 
 commissioner aforesaid to permit each claimant to take a transcript 
 of the evidence and proceedings had respecting his claim, if he shall 
 desire it, and to certify the same to be correct. An increase of pen- 
 sion may be allowed to persons already placed upon the pension-list 
 of the United States, for disabilities caused by known wounds re- 
 ceived during the revolutionary war, in all cases where justice shall 
 require the same: Provided, That the increase, when added to the 
 pension formerly received, shall in no case exceed a full pension. 
 Every invalid making application for this purpose, shall be exa- 
 mined by two reputable physicians or surgeons, to be authorised by 
 commission from the judge of the district where such invalid re- 
 sides, who shall report in writing, on oath or affirmation, their 
 opinion of the nature of the applicant's disability, and in what de- 
 gree it prevents him from obtaining a. subsistence by manual labour; 
 which report shall be transmitted by said physicians or surgeons to 
 the secretary for the department of war. 
 
 PENSION OFFICE, 24/A June, 1840. 
 
 Sir In answer to Doctor Rtischenberger's inquiry respecting 
 " the several rules, regulations, &c. relating to pensioning sailors," 
 I have to state, that the applicant must prove that he is perma- 
 nently disabled by injury received in the line of duty in the naval 
 service. 
 
 If disabled by disease, he must prove that the disease was exclu- 
 sively caused by peculiar exposure in the performance of some 
 particular act of duty in the service. The proof of having been 
 disabled in the line of duty is to be made by the certificate of the 
 surgeon of the ship on board of which the injury was received
 
 XXXVIII NAVAL PENSIONS. 
 
 approved by the commander and stating the date of the injury, 
 wilh all the circumstances of the case. 
 
 If the commander and surgeon are dead, the certificate may be 
 supplied by any commissioned officer of the ship. 
 
 When such proof has been furnished, the secretary of the navy 
 will order two naval surgeons to examine the applicant, and report 
 the decree of permanent disability in his case, whether total, 3, i, i, 
 &c. according to their opinions. 
 
 After an examination of all the proof, and merits of the case, the 
 rate of pension will be fixed by the department, not to exceed half 
 pay for total disability. But, in cases of extraordinary merit, the 
 department is authorised to allow any rate of pension not exceeding 
 full monthly pay. 
 
 A pension, exceeding one fourth of his monthly pay, will not 
 be granted to any person who continues in the service. And no 
 pension will be allowed for an injury received twenty years before 
 date of the application, unless full record proof of all the facts shall 
 be produced. 
 
 These rules and regulations, may, in any case, be dispensed with 
 by the department, at the. discretion of the secretary of the navy. 
 
 Dr. Ruschenberger's communication is herewith enclosed. 
 I have the honour to be, very respectfully, 
 Your obedient servant, 
 
 J. L. EDWARDS. Commissioner of Pensions. 
 HON. JAMES K. PAULDING, Secretary of t lie Navy. 
 
 Under these several regulations and opinions, the surgeon is left 
 without any guide to estimate the proportional rate of disability in 
 any case ; and hence, it is possible that very different opinions 
 might be obtained by the same applicant for a pension, particulaily 
 in the minor cases. Although we should find a strict uniformity of 
 opinion among surgeons and physicians in setting down the loss of 
 both arms as a total and permanent disability, claiming the highest 
 rate of pension, it is not certain they would agree as to the rate 
 which should be paid for the loss of the great toe, loss of one or 
 more fingers, loss of all the teeth by violence, anchylosed joints, 
 &c. It is well known that different persons, under the same cir- 
 cumstances, evince different capability of labouring for themselves, 
 or, in other words, so great is the moral energy of some men that 
 what is a very serious loss to others, is to themselves merely an 
 inconvenience. But it would scarcely be just to estimate the rate 
 of pension upon such considerations. The opinion should be based 
 on a well digested scale of disabilities, which might be formed for 
 the military and naval service by a board of medical officers. Such 
 a scale would afford at least an approximation to uniformity in the 
 payment of pensions in like cases. Until such a scale shall be 
 digested, considerable assistance will be afforded to the surgeon in 
 forming his estimate in the following
 
 NAVAL PENSIONS. XXXIX 
 
 PENSIONING REGULATIONS) proposed by the Board of Revision. 
 
 ARTICLE I. Persons making' application for pensions in conse- 
 quence of injuries received in the service should forward a 
 certificate, as per form marked, from the surgeon of the vessel or 
 yard where the injury was received, countersigned by the com- 
 manding officer, stating particularly the circumstances under 
 which, and Hie time when, the injury was received the nature 
 and extent of the injury, and the extent of the disability which it 
 may have produced. If the applicant is unable to forward such 
 certificate, he must forward the best evidence which he can collect 
 in relation to the circumstances, and particularly as to the name of 
 the vessel, and her commander, in which, and the time when the 
 injury was received. 
 
 ARTICLE II. After a pension shall have been granted to any 
 person in consequence of his disability, it may be paid to him 
 quarterly, on his presenting himself to the person who may be 
 directed to make the payments; but if the payments are to be 
 made to any other person on behalf of the pensioner, it shall only 
 be done upon a regular power of attorney, made before, and attested 
 by some justice of the peace or notary public, accompanied by a 
 certificate from some commission officer of the navy, judge of the 
 United States court, district attorney, or collector of the customs, 
 that me pensioner was, to his knowledge, living at the time when 
 the payment demanded became due, or that he had deceased on 
 some given day since the preceding payment. 
 
 ARTICLE ill. Before any pension will be granted, the secretary 
 of the navy will, if he should think proper, order an examination 
 of the applicant, in addition to the certificate of the surgeon and 
 commander, to determine more satisfactorily the degree of disability 
 produced by the injury received; and he may, at any subsequent 
 period, direct similar examinations to be made, if he has reason to 
 believe that the disability has been diminished or increased. When 
 it can be. conveniently done, these examinations shall be made, and 
 the certificates given by two medical officers and a captain or a 
 commander of the navy. 
 
 ARTICLE IV. The injuries received shall be classed in the fol- 
 lowing manner, viz. 
 
 1st. Injuries which produce total disability in the claimant to 
 contribute by his own labour to his support, and which requires 
 the aid of another to attend to his person. 
 
 2d. Injuries which render the claimant unable to contribute to 
 his own support, but leave him able to attend to his own person. 
 
 3d. Injuries which leave the claimant unable to contribute more 
 than one fourth to his own support. 
 
 4th. Injuries which leave the claimant unable to contribute more 
 than one half to his own support.
 
 Xl NAVAL PENSIONS. 
 
 5th. Injuries which leave the claimant unable to contribute more 
 than three fourths to his own support. 
 
 Those of the 1st class may receive as a pension the full amount 
 of their pay. Those of the 2d class seven eighths of iheir pay. 
 Those of the 3J class five eighths of their pay. Those of the 4th 
 class three eighths of their pay. Those of the 5th class one eighth 
 of their pay. When the injury received does not diminish the 
 power of the individual to support himself as much as one fourth, 
 he will not he considered entitled to any pension. 
 
 ARTICLE V. When any applications are made for pensions, in 
 consequence of the death of any person who may have been killed, 
 or died from wounds received in action, they must state the name 
 of the person for whose death the claim is made, the name of the 
 vessel, and Ihe action in which the death or the wounds occurred, 
 and the time when the death took place, if subsequent to the action. 
 The applicants must also forward legal proof of their right to 
 claim a pension, as the widow or child of the deceased, according 
 to the provisions of the law, and of the age or ages of the child or 
 children, who may be the claimants. 
 
 ARTICLE VI. After a pension shall have been granted, the widow 
 must make affidavit before some justice of the peace or notary pub- 
 lic, at each period when payment may be due, that she is still 
 legally entitled to receive the same, and present it to the person 
 authorised to make the payment. When payments are to be made 
 to children, their guardian must make affidavit before some justice 
 of the peace or notary public, that such children are still living, 
 and under the age required by the law. 
 
 ARTICLE VII. When pensions shall be granted for wounds 
 received in action, they shall not be withdrawn, although the pen- 
 sioner may be employed afterwards in the naval service, provided 
 the disability continue; but when they shall have been grafted for 
 injuries received otherwise than in action, they shall be suspended 
 whenever the pensioner shall be employed in any branch of the 
 naval service with a compensation equal to the pay he was enti- 
 tled to receive when he was injured; and when his compensation 
 shall not be equal to his pay when he was injured, the amount of the 
 pension granted to him shall, if necessary, be diminished, so that, 
 during such employment in the naval service, it shall not increase 
 his compensation beyond his pay when the injury was received. But 
 the pension may be renewed on his leaving the naval service, ac- 
 cording to the nature and extent of the disability. 
 
 ARTICLE VIII. The conviction of a pensioner of any felony, 
 or any wilful attempt to deceive the government, by any false pre- 
 tences, declarations, or certificates, in relation to his claim for a 
 pension, shall be sufficient authority for withholding it, and shall 
 operate as a forfeiture of any pension to which the guilty person 
 may otherwise have been entitled.
 
 REMARKS ON NAVAL PENSIONS. X.I 
 
 The first class of injuries under the proposed regulations will 
 embrace men who have lost both arms, or both eyes, or who are 
 palsied in their limbs, and perhaps some others. 
 
 The second class will include those who have lost both legs 
 below the knee, or who have anchylosed knee joints, or who have 
 lost one leg, a foot, or a hand, or the use and control of one of these 
 members ; or who have incontinence of urine, in consequence of 
 mechanical injury of the urinary organs ; or who have herniae of 
 considerable size. The other three classes will include a great 
 variety of injuries, in estimating which a great deal of judgment 
 and experience are requisite. It should be borne in mind, that the 
 sailor has an avocation which he can exercise under private patron- 
 age, when able-bodied and in health; and from the nature of his 
 profession he is rarely capable of gaining a livelihood on shore by 
 pursuing only a part of his profession after having been disabled by 
 injuries or wounds. For this reason a liberal construction should 
 be adhered to in classing his disability, and it should always have 
 reference to answering the question, How far does his injury inca- 
 pacitate him from the exercise of his profession? With soldiers the 
 case is somewhat different, for the reason that they generally have 
 some mechanical trade; or, previous to entering the public service, 
 have been able to gain a living as labourers, farmers, gardeners, or 
 mechanics. Perhaps it would be proper, in all cases, in estimating 
 disability, to take into consideration the length of service, and 
 whether the individual had borne a good character, discharged his 
 duties with ability, or distinguished himself in action or otherwise. 
 If these circumstances were known universally amongst the men 
 to have weight in awarding pensions, it would serve as a stimulus, 
 in many instances, to good conduct, and thus assist in the preser- 
 vation of discipline. 
 
 To preserve the popularity of the service, and make it desirable, 
 under the voluntary system, the only one admissible under our 
 institutions, every thing in relation to its advantages or rewards as 
 respects pensions should be definite, certain, and stable as possible; 
 and further, the laws and regulations should be well known to all 
 interested, and rigidly adhered to by those who administer them. 
 The adoption of such a system, as far as practicable, would tend 
 to diminish the scarcity of men for the public service ; for men will 
 always go where their interests lead, when they have the oppor- 
 tunity, which all have in the United States. 
 
 Besides the benefits of the pension laws, men who serve in the 
 navy have provided for them an asylum, situated on the eastern 
 bank of the Schuylkill river, near Philadelphia, as a reward 
 for long and faithful services. There they are furnished with 
 excellent food, good clothes, and comfortable accommodations. 
 The advantages of this noble institution, I fear, are not sufficiently 
 known arid appreciated amongst our seamen. There is at present 
 only a few within its walls ; but it may become the happy home of 
 hundreds of weather-beaten sailors and marines, where they may 
 
 4 mar*
 
 Xln REMARKS ON NAVAL PENSIONS. 
 
 pass the evening of their lives, free from the storms and vexations 
 of life, and proud in feeling that their services have gained for 
 them a substantial reward in the gratitude of their country. The 
 institution is still in its infancy, but it, in spite of the unfortunate 
 location of the edifice, may become, if its present distinguished 
 governor 1 be enabled to carry out his liberal views, the blessing 
 and pride of the navy. Let us indulge the hope that it will one day 
 contain all our naval trophies, the portraits of our illustrious com- 
 manders, pictures of naval engagements, a museum and library, 
 where the war-worn and storm-blemished veteran will find a 
 resource to relieve his mind, in the contemplation of all that is 
 noble and dear in the memory of his profession. 
 
 At present, all those who have faithfully served for twenty years, 
 or who are entitled to pensions for wounds, injuries, or meritorious 
 services, are received upon relinquishing their pensions while in 
 the asylum. 
 
 Owing to several circumstances, which have been duly consi- 
 dered in the proper place, it is thought a change is called for in 
 the existing pension laws of the navy. With this view, the board 
 of revision of the rules, regulations, and laws of the navy, propose 
 the following in place of certain existing laws relating to pensions: 
 
 ART. 103. Be it enacted, &c. that all money accruing, or which 
 has already accrued to the United States, from the sale of prizes, 
 shall be and remain for ever a fund for the payment of pensions to 
 the officers, seamen, and marines, and to the widows and children 
 of such officers, seamen, and marines, as may be entitled to receive 
 the same, by the provisions of this act; and if the said fund shall 
 be insufficient for the purpose, the public faith is hereby pledged to 
 make up the deficiency; but if it should be more than sufficient, 
 the surplus shall be applied to the making of further provision for 
 the comfort of the disabled officers, seamen, and marines, and for 
 such as, though not disabled, may merit, by their bravery or long 
 and faithful services, the gratitude of their country. 
 
 ART. 104. The said fund shall be under the management and 
 direction of the secretary of the navy, for the time being, who is 
 hereby authorised to receive any sums to which the United Slates 
 may be entitled from the sale of prizes, and employ and invest the 
 same, and the interest arising therefrom, in any manner which he 
 may deem th most safe and advantageous; and it shall be the 
 duty of the said secretary to lay before Congress annually, in the 
 first week of their session, a minute statement of his proceedings 
 relative to the management and disbursement of said fund. 
 
 ART. 105. Every officer, seaman, or marine, disabled in the line 
 of his duty while subject to the laws for the government of the 
 navy, shall be entitled to receive for life, or during his disability, a 
 pension from the United States, under such regulations as have 
 
 1 Commodore James Biddle.
 
 REMARKS ON GRANTING PENSION CERTIFICATES. xliii 
 
 been, or may be, established and approved by the President of the 
 United States, and according to the nature and degree of his disa- 
 bility, not exceeding the amount of his pay at the time he was 
 disabled. 
 
 ART. 106. Any officer, seaman, or marine, who shall be killed, 
 or die by reason of a wound received in battle, while subject to the 
 laws for the government of the navy, leaving a widow, such widow 
 shall be entitled to receive half the pay to which the deceased was 
 entitled at the time of his death, which allowance shall continue 
 during her widowhood; and in case of no widow, or of the inter- 
 marriage of such widow, the same allowance shall be made to any 
 child or children of such officer, under eighteen years of age, until 
 they shall arrive at the age of eighteen years: provided, that the 
 said half-pay shall cease on the death of such child or children. 
 
 In adding to the very valuable work of Mr. Marshall the rules 
 and regulations relating to the enlisting, discharging, and pension- 
 ing men in the navy and army of the United States, I hope I have 
 added something to its interest. The excellence of the work itself 
 leaves no room for commentary from me ; and, in conclusion, I 
 would respectfully ask the attention of my professional brethren, 
 both in and out of the service, to its pages. Here the young sur- 
 geon will find assistance in the discharge of what he will discover, 
 upon being called to inspect recruits and furnish certificates of dis- 
 ability, to be an important, arduous, and often difficult duty; and 
 the civil practitioner, who is without experience in tin's branch of 
 the profession, will be better qualified after reading this volume, 
 without overlooking the interests of any one concerned, to decide 
 upon the kind of certificate he should furnish to those who may 
 claim pensions, or aslc to be excused from military duty in the 
 militia, or to receive the advantages of any of the various beneficial 
 societies on account of bodily disabilities. 
 
 It has happened more than once, that surgeons, from not having 
 reflected upon the importance of the subject, have yielded their own 
 judgment too far to the representations and bare statements of the 
 interested party, and granted certificates which they would have 
 been afterwards glad to withdraw, upon finding that their profes- 
 sional opinion had been instrumental in transferring thousands of 
 dollars from the pension fund to the pockets of an individual whose 
 claims were exaggerated. When an officer comes forward to claim 
 a pension for an injury received thirty years before, who in the 
 mean time has been actively employed by the government, receiv- 
 ing the while full pay and emoluments, without any one even sus- 
 pecting him of suffering in his health, I say, there may be some- 
 thing in the preference of such a claim, wearing very much the 
 aspect of fraud; and if the surgeon who certifies in the case be not 
 very careful, he may learn, when too late, that he has unwittingly
 
 REMARKS. 
 
 lent his name to assist in defrauding his country. I have been 
 told of a distinguished officer who received, at one payment, the 
 amount of thirty years' pension, under the law of March, 1837, for 
 a mere flesh wound, although he had been in the receipt of full 
 pay the whole time. And I have heard of another case, where the 
 suryeon who granted the certificate was anxious to withdraw it, on 
 finding that it proved equivalent to a draft for eight thousand dol- 
 lars, and a stipend of six hundred dollars a year for life; on reflec- 
 tion, he discovered that he had certified to a higher rate of disability 
 than the circumstances warranted. 
 
 In consequence of the occurrence of cases like those alluded to, 
 surgeons have been charged with beingr so easy as to yield acqui- 
 escence to the influence of rank, or of personal friendship ; and 
 some who are grieving over the comparatively small remnant of 
 the pension fund, which has been almost absorbed by the act of 
 March, 1837, have insinuated, in pretty strong terms, that the fund 
 has been robbed through this facility of medical men. But this is 
 a partial and unjust view, and entertained by those who deny the 
 propriety of paying for wounds, hurts, or injuries, although they 
 may entail great misery at times, enfeeble the general health, and 
 abbreviate the life of an individual, without impairing, to a great 
 extent, his capability of discharging duty of a particular character. 
 For example, all the duties of a commander of a ship, or of a com- 
 mander-in-chief of a squadron, may be most efficiently discharged 
 by an individual who has lost a hand: If this loss have been sus- 
 tained in the public service, should the country refuse to pay for 
 the hand because the individual continues to discharge his duties 
 without it? Should not the effects of such a loss fall, if possible, 
 rather upon the country than upon the individual? 
 
 It is the practice of the British government to pay for all wounds, 
 hurts, and blemishes, which do not incapacitate individuals for ser- 
 vice, what is termed "smart money," which is less than the amount 
 paid under the name of pension. Nelson received a consideration 
 for the loss of an arm, which loss did not interfere with the victory 
 of Trafalgar. I can find no good reason why an officer who has 
 lost a hand in action, and, in spite of the loss, continues to render 
 efficient service, should not receive more than he who comes un- 
 harmed from the conflict. And I may add, it is to be regretted that 
 the acceptance of such bounty should be accompanied by the oblo- 
 quy and harsh reflections which have been occasionally cast upon 
 those who receive pay and pension at the same time. The fault, 
 if there be a fault, rests in the liberality of the law, and not with 
 those who honestly receive its benefits. Nor should surgeons who 
 conscientiously discharge their duties under the provisions of the 
 pension laws, be charged with being accessory to plundering the 
 pension fund.
 
 PART I. 
 
 ON THE ENLISTING OF SOLDIERS. 
 
 Enlistment. The British army is recruited by voluntary en- 
 listment. 'Recruits enlist with parties acting under the immediate 
 control of the commanding officer of the regiment in which a man 
 engages, or with recruiting parties which are placed under the 
 command of the inspecting field officer and subdivisional officers 
 of a recruiting district. Enlistment for limited service was abo- 
 lished or discontinued by authority on the 18th April, 1829, conse- 
 quently all the men who now enlist engage to serve an unlimited 
 neriod, or till they shall be legally discharged. Every person 
 vho has received enlisting money from a soldier employed in the 
 recruiting service is considered as having voluntarily enlisted. 
 After enlistment, a recruit is to be taken to a military medical 
 officer, or should there not be one stationed within a convenient 
 distance, he is to be brought to a civil medical practitioner, for the 
 purpose of being examined as to his fitness for the army; when, 
 if found fit, a certificate to that purpose is inserted on the attesta- 
 tion. If a recruit be found unfit, he is dismissed, and the person 
 who enlisted him loses the enlisting money; but should he he ap- 
 proved, he may, after the lapse of twenty-four hours from the time 
 he enlisted, be brought before a magistrate for attestation, and if he 
 then admits that he enlisted voluntarily, the magistrate puts to him 
 the several questions comprehended in the schedule or attestation, 
 viz. respecting his name, parish, age, trade, &c., and particularly 
 whether he is willing to be attested. (Vide Note I.) Should his 
 answer be in the affirmative, the magistrate reads to him the 
 articles of war relating to mutiny and desertion, administers the 
 oath of allegiance, and he is then a soldier. The attestation is 
 signed by the recruit, and also by the magistrate; and if the former 
 refuses to take the oath, he may be imprisoned until he does so. 
 The ceremony of attestation must, however, take place within four 
 days, Sunday not included, from the date of enlistment ; and if a 
 7 b 1 mar
 
 2 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 recruit during any of these days prior to attestation declares before 
 a magistrate his disinclination to enter the service, and returns the 
 enlisting money, with twenty shillings of smart money, and the 
 amount of the subsistence he may have received, he must be forth- 
 with discharged. "Any officer who shall act contrary to the pro- 
 visions of the mutiny act in regard to the enlisting and attesting 
 of recruits, shall, upon proof thereof before a court martial, be 
 cashiered, and disabled from holding any civil or military office or 
 employment in his majesty's service." Government allows one 
 guinea for the enlistment of each recruit, who is finally approved 
 at the regiment for which he enlisted, namely, 15s. to the serjear 
 and party, 5s. to the subdivisional oflicer, and one to the clerk 
 the attesting magistrate. Each recruit receives a nominal bounty 
 of L.3, of which sum only 10s. are paid him in cash, the remain- 
 ing L.2, 10s. being reserved to purchase clothes and other articles 
 of equipment. 
 
 In the French service a remplapant, or substitute, for a conscript, 
 commonly receives from the principal from 1500 to 2000 francs, 
 (L.60 to L.80.) The substitutes are generally men who have been 
 in the army as volunteers or conscripts, and who sell 'themselves 
 for seven years to conscripts, who, having been drawn, prefer pay- 
 ing the above amount to serving in person. Neither volunteers nor 
 conscripts receive any bounty upon becoming soldiers in France, 
 but they are provided with the requisite equipment. 
 
 There are nine recruiting districts in the United Kingdom, 
 namely, London, Coventry, Bristol, Leeds, Liverpool, North Bri- 
 tain, (including Glasgow and Edinburgh,) Dublin, Cork, and 
 Newry. The staff of each of these districts consists of an inspect- 
 ing field-officer, an adjutant, a paymaster, and a staff surgeon. The 
 elements of stature and period of life in recruits fall peculiarly 
 under the superintendence of the military branch of the service, 
 while those of health and general efficiency are usually in a great 
 measure left to the decision of a medical officer. According to the 
 existing regulations, soldiers are not entitled to reckon service 
 under eighteen years of age as a claim for a pension, and conse- 
 quently recruits commonly allege that they have reached that 
 period of life. The minimum age of recruits for regiments serving 
 in India is twenty years, but for all other regiments no specific age 
 is fixed by authority. Provided a youth have attained the mini- 
 mum height, he is eligible for enlistment, however young he may 
 be. "Growing lads" are sometimes enlisted, although they are 
 under the minimum height. In the French army the minimum 
 Jige of volunteers is eighteen, and of conscripts twenty years. The 
 maximum age at present in the British army is twenty-four years 
 for regiments of the line, and thirty for the army of the East India 
 Company; but as there is seldom any mode of obtaining informa- 
 tion respecting the age of recruits, except from themselves, it is not 
 to be presumed that the statements in that respect are always very 
 accurate. Sometimes the inspecting field officer refuses to approve
 
 STATURE OP RECRUITS. O 
 
 of a man whom he thinks above (he maximum age, unless a suit- 
 able certificate of birth be produced. 
 
 Stature of Recruits. A certain degree of stature is indispensa- 
 bly required to qualify men for being soldiers, partly on account of 
 appearance, but chiefly because stature is considered a tolerably 
 accurate measure of physical power. A due degree of strength is 
 essentially necessary to enable a soldier to surmount the fatigue 
 incident to a military life. Within a certain range of stature men 
 may be deemed equally efficient, but soldiers who are either much 
 below the mean height, or much above it, are not so well fitted for 
 all the duties of the army as men of a medium height. Very tall 
 men are said to be deficient of energy, and comparatively incapable 
 of enduring fatigue. Men of a medium height are commonly very 
 efficient soldiers, being often as powerful as tall men, and generally 
 more able to undergo severe exertion. The minimum height of 
 recruits for infantry regiments is usually 5 v feet 5 or 5 feet 6 inches, 
 for light cavalry corps 5 feet 7, and for heavy dragoons 5 feet 8 
 inches. The mean height of the men of an infantry regiment is 
 commonly about from 5 feet 7 inches to 5 feet 8 inches; in the 
 heavy dragoons it varies from 5 feet 9 to 5 feet 10 inches. The 
 minimum height of soldiers in the French army is 5 feet 2 inches. 
 The duty of ascertaining the height of recruits, which is one of 
 considerable importance, belongs to the staff of regiments and the 
 staff-officers of recruiting districts. During the month of June, 
 1819, an order was issued to examine recruits without shoes and 
 stockings, probably in consequence of frequent imposition. The 
 position of a recruit when he is measured ought to be exactly that 
 of a soldier under arms, with his eyes looking straight before him. 
 Sometimes when a recruit is very anxious to be approved, he en- 
 deavours to appear taller than he realty is, and various artificial 
 means have been successfully adopted for that purpose, such as 
 pasting buff leather on the soles of the feet, or concealing a small 
 piece of wood under the hair of the head. At other times, when he 
 wishes to be relieved from his engagement, he endeavours to appear 
 below the minimum height, by reducing his apparent stature. This 
 object is occasionally effected by flexing the head forwards a little, 
 protruding the abdomen, and slightly bending the knees. By these 
 means, and by removing the thick cuticle which covers the sole of 
 the foot, and cutting the hair closely to the head, a man may ap- 
 pear to be half an inch or perhaps a whole inch lower than he 
 really is, without beingdetected by an inexperienced measurer. Many 
 intelligent and experienced officers have been imposed upon in this 
 way. When the slightest suspicion of fraud exists, the recruit should 
 be placed under the standard in a state of nudity. But the best 
 means of obviating deception in regard to stature, is to measure a 
 suspected persoTi extended on his back. To ascertain how much 
 the horizontal length of a man exceeded his perpendicular height, 
 I measured 52 recruits with the same standard, and the following 
 statement is the result :
 
 4 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 Horizontal length exceeded the perpendicular height in 5, by ^ of an inch, 
 
 5, g do. 
 
 13, 4 do. 
 
 14, do. 
 
 15, no appreciable difference. 
 
 52 
 
 which is-a mean difference of ? f of mi inch that a man is taller in 
 a horizontal than in a vertical position. 
 
 Weight. The chief physiological qualities which require to bn 
 attended Jo in the selection of recruits for the army, are a due de- 
 gree of stature and weight, a suitable age, sound health, a perfect 
 condition of the organs of sense, particularly the eyes and ears, 
 with aptitude of the limbs. A man may have the requisite stature, 
 but unless he has also a certain weight, he may not be able to per- 
 form the duties of a soldier, or to endure the labour incident to an 
 army, and, with the view of appreciating his efficiency, I would 
 recommend a recruit to be weighed. Hitherto it has been the usage 
 <o estimate the strength of recruits by the eye, as was formerly the 
 case in regard to stature. The weight is perhaps a better criterion, 
 as it affords a definite standard, which is of great importance when 
 reeruils are to undergo more than one inspection, and by different 
 examiners. According to the investigations of Quctelet, the mean 
 weight of males at 
 
 17 years of age is 116 Ibs. 9 ounces avoirdupois. 
 
 18 do. do. 127 9 do. do. 
 20 do. do. 132 7 do. do. 
 25 do. do. 138 12 do. do. 
 
 Consequently, when- athletic men are required, recruits should not 
 be approved who weigh less than the medium weight of the respec- 
 tive ages at which they may be enlisted. 
 
 Magntiwk of the C 'test. To ascertain the magnitude or circum- 
 ference of the chest of a recruit, is a good method of appreciating 
 his physical power. In popular opinion, which is probably well 
 founded, persons who have large capacious chests are capable of 
 executing much labour, and of enduring; great fatigue. In as far 
 as the efficiency.of troops is concerned, it would perhaps be as ad- 
 visable to 6x a minimum circumference of the chest for recruits 
 as a minimum height. 
 
 For the purpose of ascertaining the mean girth round the chest 
 of men of different heights, Dr. Balfour, assistant staff-surgeon, 
 while he was acting in London as district surgeon, measured 1439 
 recruits, and constructed the following very interesting table. 
 
 It will be observed that the average magnitude of ihe chest was 
 about 32 inches, the minimum of the whole number was 28 inches, 
 and the maximum 37 inches. The magnitude f the chest docs 
 not appear by the above table to increase in the same r;it!o as the 
 height, but the numbers examined above 5 feet 8 inches arc too few 
 to warrant a physiological conclusion on the subject. But it is the
 
 STATURE OF RECRUITS. O 
 
 minimum, not the maximum magnitude, which it is of importance 
 to settle, as is done in regard to the height of recruits. Perhaps no 
 recruit should be approved whose chest does not measure 30 or 3i 
 inches, even at the minimum height. 
 
 Table showing 1 the average circumference of the chests of the 
 recruits examined in the London District, from, the 13//i Octo- 
 ber, 1838, to the I2t/i January, 1839, inclusive, arranged accord- 
 ing to the height of the recruits. 
 
 
 Tuvvn Recruils. 
 
 Country Recruits. 
 
 Aggregate. 
 
 Height of the 
 
 No. 
 
 Aver 
 
 No 
 
 Aver. 
 
 N'o 
 
 Aver. | No. 
 
 Aver. 
 
 No. 
 
 Aver. 
 
 No. 
 
 Aver. 
 
 recruits. 
 
 
 
 
 
 
 
 
 
 
 
 ._ _/ 
 
 
 miii 
 
 chest 
 
 fit. 
 
 chest 
 
 min 
 
 chest. 
 
 fit 
 
 CllHSt. 
 
 min. 
 
 chest. 
 
 fit 
 
 chest. 
 
 P. I. F I. 
 
 
 In dec. 
 
 
 [ n dec 
 
 
 In.dec 
 
 
 In dec 
 
 
 In. dec 
 
 
 In dec 
 
 5 5 to 5 6 
 
 83 
 
 32.44 
 
 53 1 32.54 
 
 23 
 
 32.77 
 
 20 
 
 32.66 
 
 106 
 
 32.51 
 
 73 
 
 32.57 
 
 5 6 to 5 7 
 
 425 
 
 32.03 
 
 279| 32.19 
 
 233 
 
 32.71 
 
 197 
 
 32.80 
 
 65S 
 
 32.15 
 
 476 
 
 3244 
 
 5 7 to 5 .8 
 
 2-23 
 
 32.24 
 
 127! 32.53 
 
 103 
 
 33.11 
 
 93 
 
 3313 
 
 326 
 
 32.52 
 
 220 
 
 3279 
 
 5 8 to 5 9 
 
 1-.2 
 
 32.57 
 
 79 1 32.81 
 
 56 
 
 33.00 
 
 47 
 
 33.18 
 
 178 
 
 32.70 
 
 126 32.93 
 
 5 9 to 5 10 
 
 8 
 
 32.76 
 
 33 
 
 32.59 
 
 28 
 
 33.75 
 
 23 
 
 33.57 
 
 86 
 
 33.08 
 
 56 3300 
 
 5 10 too 11 
 
 44 
 
 32.54 
 
 7 
 
 32.94 
 
 13 
 
 33.61 
 
 8 
 
 33.81 
 
 57 
 
 32.77 
 
 35 33.14 
 
 5 11 to 6 6 
 
 20 
 
 32.92 
 
 10 
 
 33.00 
 
 3 
 
 33.67 
 
 2 
 
 35.00 
 
 23 
 
 33.02 
 
 12 33.33 
 
 and upward-s. 
 
 4 
 
 32.38 
 
 1 
 
 32.00 
 
 1 
 
 33.00 
 
 -1 
 
 33.00 
 
 5 
 
 32.50 
 
 2, 33.50 
 
 
 979 
 
 32.06 
 
 609 
 
 32.22 
 
 460 
 
 32.91, 331 
 
 32.99J1439 
 
 32.47 
 
 1000, 32.6G 
 
 Class of the population from which recruits are procured. The 
 following- statement 1 is intended to show the state or copdition of 
 life of recruits, and the relative ratio of each trade or occupation 
 among men who enlist at Dublin. A table of this kind, embracing 
 all the recruits enlisted for the whole army during a series of years, 
 would be very interesting. 
 
 This statement shows that 64 per cent, of the recruits en- 
 listed in (lie Dublin districts, during the three years specified, were 
 husbandmen and labourers, and, consequently, considerably more 
 than one-half belonged to the agricultural class. Whether a higher 
 relative ratio of men belonging to this class enlist than of artisans, 
 I am unable to state. The question is an interesting one, but 1 
 have not access to adequate statistical materials to enable me to 
 arrive at a satisfactory conclusion on the subject. 
 
 Agricultural labourers generally enter the army in consequence 
 of some family difficulty or discord, or some scrape in which they 
 are involved, or from want of work ; and it is alleged by competent 
 authority that they become the most trustworthy soldiers. Recruits 
 who are enlisted in the manufacturing districts and large towns 
 are frequently idle and dissolute, and require all the means in the 
 power of their officers to correct the intemperate and vicious habits 
 in which they have indulged, and to enforce subordination. 
 
 1 See Table, next page.
 
 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 Statement of the condition of life, or occupations of the Recruits 
 inspected at the Dublin recruiting- depot, during 1 the years 
 1825, 1820, and 1827. 
 
 Condition of life or occupation 
 of the Recruits. 
 
 Examined. 
 
 Ratio 
 per 1000 
 examined. 
 
 .1325. 
 
 1826. 
 
 1827. 
 
 Total. 
 
 Apothecaries and druggists, 
 
 3 
 
 5 
 
 11 
 
 19 
 
 1 
 
 Bakers, 
 
 59 
 
 25 
 
 21 
 
 105 
 
 8 
 
 Basket-makers and brush-makers, 
 
 9 
 
 3 
 
 3 
 
 15 
 
 1 
 
 Blacksmiths and armourers, 
 
 116 
 
 55 
 
 52 
 
 221 
 
 18 
 
 Boys, 
 
 . . . 
 
 
 26 
 
 26 
 
 2 
 
 Bricklayers and masons, 
 
 23 
 
 26 
 
 15 
 
 61 
 
 5 
 
 Butchers, 
 
 35 
 
 31 
 
 18 
 
 84 
 
 7 
 
 Carpenters, 
 
 107 
 
 68 
 
 48 
 
 223 
 
 18 
 
 Chandlers and merchants, . 
 
 5 
 
 7 
 
 2 
 
 14 
 
 1 
 
 Clerks, 
 
 144 
 
 133 
 
 131 
 
 408 
 
 31 
 
 Coachmakers, .... 
 
 2 
 
 5 
 
 5 
 
 12 
 
 1 
 
 Coopers, ..... 
 
 30 
 
 18 
 
 4 
 
 52 
 
 4 
 
 Cotton-spinners, .... 
 
 11 
 
 15 
 
 7 
 
 33 
 
 3 
 
 Dyers, . . . 
 
 7 
 
 13 
 
 6 
 
 26 
 
 2 
 
 Farmers, 
 
 
 23 
 
 30 
 
 53 
 
 4 
 
 Gardeners, . . . . . 
 
 3 
 
 26 
 
 11 
 
 40 
 
 3 
 
 Gentlemen, .... 
 
 4 
 
 12 
 
 7 
 
 23 
 
 2 
 
 Hairdressers, .... 
 
 9 
 
 5 
 
 1 
 
 15 
 
 1 
 
 
 11 
 
 9 
 
 3 
 
 23 
 
 2 
 
 Husbandmen and labourers, 
 
 4414 
 
 2368 
 
 1487 
 
 8269 
 
 645 
 
 Millers and millwrights, 
 
 10 
 
 9 
 
 7 
 
 26 
 
 2 
 
 Miners, 
 
 9 
 
 15 
 
 9 
 
 33 
 
 3 
 
 Nailers, 
 
 36 
 
 14 
 
 7 
 
 57 
 
 4 
 
 Painters, 
 
 61 
 
 3 
 
 10 
 
 74 
 
 5 
 
 Printers, 
 
 6 
 
 33 
 
 3 
 
 42 
 
 3 
 
 Saddlers, ..... 
 
 22 
 
 12 
 
 8 
 
 42 
 
 3 
 
 Sawyers, 
 
 10 
 
 19 
 
 6 
 
 35 
 
 3 
 
 Schoolmasters and land-surveyors 
 
 
 2 
 
 10 
 
 12 
 
 1 
 
 Servants, 
 
 361 
 
 268 
 
 192 
 
 821 
 
 65 
 
 Shoemakers, .... 
 
 252 
 
 194 
 
 112 
 
 558 
 
 43 
 
 Slaters and stone-cutters, . 
 
 6 
 
 15 
 
 17 
 
 38 
 
 3 
 
 Surgeons, . . . 
 
 . . . 
 
 4 
 
 2 
 
 6 
 
 
 Tailors, 
 
 132 
 
 128 
 
 53 
 
 313 
 
 24 
 
 Tanners, . . '"' 
 
 1 
 
 11 
 
 1 
 
 J3 
 
 1 
 
 Tinsmiths, . . 
 
 8 
 
 9 
 
 6 
 
 23 
 
 2 
 
 Weavers, 
 
 300 
 
 351 
 
 163 
 
 814 
 
 63 
 
 Forty-two other trades, 
 
 23 
 
 86 
 
 94 
 
 203 
 
 16 
 
 
 6229 
 
 4018 
 
 2588 
 
 12S35 
 
 1000 
 
 I believe it is very generally observed, that, wherever manufac- 
 tures and commerce prevail, so as to he a source of opulence to the 
 people, the military profession is held in very low estimation. 
 Wealth, with domestic comfort, discourages any enterprise which 
 is attended with danger and uncertainty. A very poor man may 
 gain something by enlisting, and he has little or nothing to lose.
 
 CLASS FROM WHICH RECRUITS ARE PROCURED. / 
 
 It is remarked by Professor Millar, and indeed the fact is notorious, 
 that " when the son of a tradesman enlists in the army, he is looked 
 upon as a profligate who has been deluded to his ruin, and, if he 
 cannot be bought off, he is given up for lost." The amount of the 
 pay and contingent recompense of a soldier is less than the mean 
 wages of the manual labour classes of the population, and a very 
 inadequate return for the dangers, the toils, and the privations to 
 which they are exposed. Dr. Jackson says, "the desire of money 
 to buy bread fills the military ranks ;" and I may add, the compa- 
 ratively idle, dissipated, and adventurous life of a soldier seems to 
 have a very seductive influence over the young and inconsiderate. 
 Necessity, not an ardent liking for the profession, compels many to 
 enlist, they having lost their character, or contracted habits of idle- 
 ness or improvidence, which more or less exclude them from the 
 better paid walks of civil industry, by which means they are con- 
 strained to devote themselves to a military life. 
 
 The unpopularity of the army may be expected to increase, in 
 proportion as the condition of the manual labour class of the popu- 
 lation is improved; and there are many reasons for presuming that 
 the circumstances of the working classes are greatly meliorated 
 within the present century. As an evidence of the operation of 
 the improved condition of the people upon the recruiting of the 
 army, I may state that, on an average, about from one-fourth to 
 
 one-third of the men who enlist at the head-quarters of 
 
 recruiting district, obtain a relief from enlistment, by paying each 
 the smart money of L.I., together with all the other expenses 
 which have been incurred on their account. I have no reason to 
 believe that an equal ratio of recruits was relieved from enlistment 
 twenty or thirty years ago. 
 
 larn not enabled to class the recruits inspected at Dublin accord- 
 ing to the degree of instruction they had received. Had I been 
 able to arrange them under the following five heads, the result 
 would have conveyed some interesting information : 
 
 1. Neither read nor write. 
 
 2. Read, but not write. 
 
 3. Read and write imperfectly. 
 
 4. Read and write well. 
 
 5. Instruction beyond reading and writing. 
 
 The manual labour class of the population, from which recruits 
 for the army are drawn, may, in general, be placed under ihe first 
 three heads; and as it may be presumed the men who enlist for 
 soldiers have not commonly received a degree of instruction equal 
 to the average of the class, their literary attainments must be ex- 
 tremely limited. Hitherto no means have been adopted by author- 
 ity to obtain any information respecting- the intellectual and moral 
 character of recruits, or the instruction they have received. From 
 some attempts which have been made to ascertain the degree of 
 education among recruits raised in Scotland, it would appear that
 
 8 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 from 7 to 10 per cent, can neither rend nor write, and that 1 ont of 
 5 is unable to sign his name. Out of every. 100 young men en- 
 rolled in France during the years 1823 and 1829, in the military 
 census, 36 could read and write. The highest degree of enlighten- 
 merit was in the department of the Meuse, where 74 per cent, could 
 read and write, and the lowest is in Correse, where only 12 per 
 cent, were so far instructed. 
 
 When a man possesses the requisite physical strength and apti- 
 tude, and is of sound mind, he is considered fit for military service, 
 no farther investigation being commonly made in regard to his 
 mental qualities, except to ascertain that he has not a "weak o. 
 disordered intellect." As to his moral character, it is generally 
 deemed inexpedient to make any inquiries on the subject; for what 
 is generally called a good character namely, a character for moral- 
 ity and good behaviour, such as would he required for a servant 
 does not appear to be absolutely necessary in a recruit. The con- 
 dition of n soldier is very little calculated to induce an industrious 
 man, who can obtain subsistence in any other way, to embrace it; 
 consequently, those who enter the service are commonly thought- 
 less youths, petty delinquents, men of indolent habits, persons who 
 are unable to procure work, or who are in very indigent circum- 
 stances. The great desideratum of military officers namely, that 
 of inducing the parents and friends of young men of a better and 
 more educated class of life than that of which the army is now 
 composed, to encourage their enlistment, and by that means to 
 improve the moral character of the army is not likely to he real- 
 ised. Experience holds out no hope, that, under existing circum- 
 stances, any but the worst educated, and certainly not the best 
 conducted, of the manual labour rank of the population, will delib- 
 erately make choice of a military profession. The army is unpopu- 
 lar, and will ever continue to be so in this country, not in conse- 
 quence of the severity of the punishments of military service, but 
 on account of the necessary restraints upon the habits of the man 
 who becomes a soldier, and the severity of the service and duties 
 which he has to perform namely, service for life at moderate pay, 
 in unw.holesome climates, at great distances, and incurring enor- 
 mous risk to health and life. (Vide Note II.) 
 
 By an ordinance of the 21st March, 1832, neither a substitute 
 nor a volunteer can be received into the French army without pro- 
 ducing a certificate of good character from the mayor of the com- 
 mune in which he last resided; arid in the case of a volunteer who 
 may be under twenty years of age, the sanction of his relations 
 must be given before he be enrolled. A si.nilar rule obtains in the 
 army of the United States of America ; for no officer is permitted 
 to enlist a recruit who is under age, unless the consent of his 
 parents, guar lians, or master, should previously have been obtained 
 in writing. Some of the officers of the French army entertain a 
 very unfavourable opinion of the measure of recruiting by volun- 
 tary enlistment. Baron Sagmat (Considerations sur VArt de la
 
 MINIMUM AGE OF RECRUITS. 9 
 
 Guerre) states that voluntary enlistment made the French army a 
 receptacle for deserters and foreigners of all nations, idle profligates, 
 by whom the noblest of all professions was rendered contemptible 
 and degraded to such a degree, that an honest man, instead of being 
 proud when his son engaged in the service of his country, blushed 
 with shame when he saw him enrolled as a soldipr. 1 presume 
 this account of the volunteers of the French army "applies to the 
 period of the war, for at present the substitutes are excellent sol- 
 el ier?, and not remarkable for misconduct. General Foy charac- 
 terizes that class of the population who voluntarily enlist, as ' ; the 
 scum of society," "the dregs of the people," whose constitutions 
 are impaired, and whose morals are depraved, by the vices and 
 excesses of large towns; persons who engage, as in the time of 
 Francis I., " Iyer pour virre." The French government does not 
 seem to encourage the recruiting of the army by voluntary enlist- 
 ment. The care that is taken to prevent profligate characters from 
 entering the service will, in some measure, operate as a means of 
 preserving the morals of the conscripts, of whom the army is prin- 
 cipally composed. 
 
 Minimum age of Recruits. The period of life when a youth 
 may be deemed fit for military service, is a highly important ele- 
 ment in the selection of recruits. Before a youth has acquired the 
 physical and moral qualities calculated to enable him to endure the 
 fatigue, and to execute the duties, incident to a military life, a cer- 
 tain age must be attained. When a youth is examined by a medi- 
 cal officer, regard should be had to the nature of the duties which 
 may be required of soldiers, before he is approved. The arms, 
 clothing, and necessaries, carried by an infantry soldier, commonly 
 amount to about 60 or 62 pounds; and as troops, even during a 
 period of peace, are constantly liable to move from one place to 
 another, a man cannot be considered an efficient soldier who is not 
 easily able to undergo a march of a few weeks. It will be recol- 
 lected that, when bodies of troops are obliged to act simultaneously, 
 any exertion to which they are exposed may be easily executed by 
 the general mass; but if a portion of the men is unable to sur- 
 mount tfie fatigue without great difficulty, the operations of the 
 corps or army are thereby retarded, as the. exertions of the whole 
 must be more or less regulated by the men who are the least effi- 
 cient. Great and long-protracted exertions, whether in marching 
 with a heavy knapsack, or in military exercises, tend to exhaust 
 the frame, more especially of young striplings, who may be very 
 willing, but who are commonly unable to undergo the fatigue which 
 men a few years older are capable of executing with ease. 
 
 Dr. Fallot, in his excellent work on the duty of inspecting con- 
 scripts. &c.. thus expresses himself: "To conclude, conscripts at 
 tho age of 18 have not attained their full growth ; and medical men 
 are well aware that the complete developement of the hurmn body 
 requires an exemption from great fatigue, abundance of healthy 
 nourishment, undisturbed sleep, and a tranquil mind a concur-
 
 10 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 rence of circumstances which never occurs in the army." (Memo- 
 rial de Vexpert dans la Visite Sanitaire dcs Homines de Guerre. 
 Bruxelles, 1837.) 
 
 During a period of war, the necessity of physical power as well 
 as health, in carrying on aggressive operations, is universally ad- 
 mitted. When a stripling soldier complains that he is unable fora 
 particular duty, he is frequently sent to the surgeon of the corps, 
 who, in his turn, sends him back to his company, because physical 
 weakness, without disease, is not always recognised as an adequate 
 reason for receiving a man into hospital, or admitting him on the 
 sick list. Over-exertion, however, soon produces disease in a youth, 
 when he must become an inmate of the hospital. War in modern 
 times consists so much in the science of making men march for the 
 purpose of striking an unexpected blow on the enemy, that the 
 efficiency of soldiers depends greatly on their capacity for execut- 
 ing long marches with comparative ease. Marshal Saxe and Gene- 
 ral Foy, both of whom had great military experience, do not hesi- 
 tate in stating that tho secret of war lies in the power of marching; 
 namely, in the strength of the legs. Young lads will fight with 
 great gallantry, but they are unable to endure the fatigue of long 
 marches in wet weather, or upon heavy roads. Napoleon some- 
 times transported his young infantry soldiers to distant stations by 
 post carriages, for the purpose of preserving their health, strength, 
 and efficiency. 
 
 Recruits for an army should therefore be selected with a view 
 to their capabilities of resisting the influence of the physical and 
 moral causes of disease to which they may be exposed, and the 
 fatigues and privations they are liable to undergo. These facts are 
 well known, and indeed familiar, to all classes of officers who have 
 lived with soldiers, and who have encountered difficnties with 
 them; so that any argument calculated to show the impolicy of 
 enlisting very young recruits may appear to be superfluous. M. 
 Coche, in his valuable work entitled "Dc V Operation Medicate dn 
 Recrittemeut el des Inspections Generates" says, "I shall con- 
 clude these important considerations by stating my deliberate opi- 
 nion, that recruits at 18 years of age are commonly unfit for the 
 duties of the army, not only in time of war, but even in a period of 
 peace." " Even during peace, volunteers of 18 or 19 years of age. 
 who do not possess unusual strength, frequently pass two, three, 
 and even four years of their period of engagement (eight years) in 
 hospital, should they not be discharged. This is what takes place 
 in corps of the line, as must have been observed by military as well 
 as medical officers." 
 
 Numerous examples might be adduced to show that young lads 
 are much less able to endure the fatigue of marching than men a 
 little more advanced in life. During the year 1805, a French 
 army, which was cantoned in the neighbourhood of Boulogne, 
 marched about 400 leagues to join the grand army in Moravia, 
 before the battle of Austerlitz, which was fought on the 2d Becem-
 
 MINIMUM AGE OF RECRUITS. 11 
 
 her. This object it effected without leaving almost any sick in the 
 hospitals on the route. The men of this army had served two 
 years, and were all above 22 years of age. Compare the above 
 result with the march of another army under different circum- 
 stances. During the campaign of 1809, the troops cantoned in the 
 north of Germany marched to Vienna, which is a much shorter 
 distance than that which the other army travelled ; but, by the 
 time they arrived at the place of their destination, all the hospitals 
 on the road were filled with sick. The first battle which took 
 place this campaign was that of Eckmiihl, which was fought on 
 the 22d April. More than one half of the men composing this 
 army were under 20 years of age, the annual levy of conscripts 
 having been anticipated. After the battle of Leipsic, Napoleon 
 made great exertions to recruit his army, and called upon the mem- 
 bers of the legislative senate to give him their assistance, to which 
 they showed some reluctance. "Shame on you!" cried the em- 
 peror. * * * " I demand a levy of 300,000 men but I must 
 have grown men boys serve only to fill the hospitals, and encum- 
 ber the road-side." During the last three years and five months of 
 the Peninsular war, the period when the greatest activity prevailed, 
 the mean strength of the British army amounted to 61,511 men, 
 and the sick to 13,815, being 22i per cent. There is perhaps little 
 doubt that a large portion of the inefficient troops were unfit, in 
 consequence of inadequate physical strength, more than from actual 
 sickness. The mean ratio of inefficiency from wounds did not ex- 
 ceed 1 per cent. (Edmonds.} 
 
 Although young lads are unfit to surmount the fatigue of warlike 
 operations and long marches so well as full-grown men, it has been 
 satisfactorily ascertained, that, in time of peace, and when they are 
 not exposed to much physical exertion, the ratio of mortality is in- 
 variably lower among young than old soldiers. This result obtains 
 in all climates where British troops are employed ; and it would 
 appear, that the mortality rises in nearly an exact ratio with the 
 age of individuals. Age has been found the chief regulator of the 
 ratio of mortality among the indigenous inhabitants of all coun- 
 tries ; and this law of nature does not appear suspended or inter- 
 rupted among British troops serving in tropical climates. (Vide 
 Note III.) 
 
 In a moral point of view, it appears to be impolitic to enlist lads 
 at a very early age. What degree of prudence or discretion can 
 be expected of a stripling of 16, 17, or even 18 years of age? 
 
 He cannot be aware of the importance and consequence of his en- 
 gagement ; and it appears rather an anomaly in the law of the coun- 
 try, that while a young man is incapacitated for making a will, so 
 as to dispose of real or even personal property before he has reached 
 21 years of age, he is, nevertheless, permitted to surrender his liberty 
 for life. By an order which was issued from the Horse Guards, 
 dated 28th December, 1804, L-2. 2s. was allowed to parents who
 
 12 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 brought a boy under 16 years of age, and who was 5 feet 2 inches 
 in height. A similar sum was allowed to the bringer of a boy. 
 although no relationship existed between them. Young lads rarely 
 enlist from a decided predilection for a military life: this irretriev- 
 able and important step is commonly taken in consequence of some 
 sudden thought or fit of passion, occasioned by a domestic broil, 
 chagrin or disappointment, jnebriety, want of work, indigence, and 
 perhaps a few are excited to take "the shilling," the smybol of en- 
 listment, by the finesse of a recruiting serjeant. "They figure to 
 themselves, in their youthful fancies, a thousand occasions of ac- 
 quiring honour and distinction which never occur. These roman- 
 tic hopes make the whole price of their blood. Their pay is less 
 than that of common labourers; and, on actual service, their 
 fatigues are much greater. A young man may go to sea with his 
 father's consent; but if he enlists, it is always without it." ( Wealth 
 of Nations.} 
 
 As enlistment is seldom or never entered upon from mature de- 
 liberation, it may easily be inferred, that stripling recruits frequently 
 soon feel more or less the sentiments of regret, remorse, and depres- 
 sion of spirits, followed by impaired health, home-sickness, and com- 
 parative inefficiency. The army is not a natural state of society; 
 and every considerable deviation from the natural condition of 
 mankind brings with it a corresponding deleterious influence on 
 the constitution of individuals, more especially upon youths, who 
 are very susceptible of the injurious consequences of sudden changes. 
 The indissoluble and interminable nature of a man's engagement 
 hopelessness, change of diet, new comrades, and new habits re- 
 moval from friends the thraldom of command, and the restraints 
 of discipline all contribute to occasion great mental disquietude, 
 which in young lads is a frequent precursor of impaired health and 
 physical inefficiency. 
 
 "Flow often does it happen," says Kirckhoff, (Hygiene Mlli- 
 taire,) "that an inexperienced youth is deluded by a recruiling ser- 
 jeant, or excited by an ebullition of passion, or a paroxysm of in- 
 ebriety, to enlist a measure which fie deeply regrets before the 
 succeeding morning! He becomes dejected the love of home, and 
 of friends whom he may never see, paralyses his mind and ruins 
 his health; he is incapable of being made an efficient soldier, and 
 frequently terminates his career in hospital." This is a picture of 
 what occurs in the army of the King of the Netherlands, which has 
 very little foreign service, and in which the period of engagement 
 extends to only five or six years. How different is the prospect of 
 a soldier in the British army! two thirds or three fourths of whose 
 service must be abroad, chiefly in tropical climates, and, as his en- 
 gagement is unlimited, he can have no hope of regaining his liberty 
 until his health is gone, and his constitution irrecoverably exhaust- 
 ed. To enlist recruits before they have acquired sufficient strength 
 to qualify them to execute the duties, and to undergo the fatigues
 
 MAXIMUM AGE OF RECRUITS. 13 
 
 of a military life, is to multiply the victims of disease and vexation, 
 and to augment the expenses of an army without adding to its 
 strength. 
 
 In general, no great dependence can be placed upon the age of a 
 recruit as stated by himself on enlistment; but a suitable age is 
 only one important element in the choice of a recruit. Lads of 18 
 are sometimes more matured, and possess in a greater degree the 
 qualities which constitute an efficient soldier, than some men of 20 
 or 21 years. The changes in the physical character of man are 
 so imperceptible, and the transition so little apparent, that no very 
 definite marks of particular age can be assigned. During the age 
 of adolescence the head is often comparatively large, the spine 
 straight and long, and the inferior extremities proportionally ex- 
 tenuated. At about 19 or twenty years of age some of the wisdom 
 teeth generally appear. This circumstance, although liable to many 
 exceptions, is the most specific mark that organisation affords of a 
 particular period of life. The bones become gradually thicker, the 
 joints strong, and the shoulders broad the muscles firmer and 
 better developed. 
 
 Maximum age of Recruits. It is desirable that a young man 
 should join the army as soon as he has acquired the necessary phys- 
 ical power, and his constitution has been so far matured as to ena- 
 ble him to undergo the bodily exertion which may be required of 
 soldiers. Kirckhoff, physician to the army of the King of the 
 Netherlands, who had much experience of active warfare, thus ex- 
 presses himself in regard to the minimum and maximum age of 
 recruits. " We ought to establish it as a general rule not to receive 
 <L recruit into the army below 20 years of age, or above 25. Under 
 20 years of age a man lias not the requisite strength to enable him 
 to undergo the fatigue of military duty, and after 25 his joints do 
 not possess that flexibility or freedom of motion which is necessary 
 for acquiring the discipline of a soldier." As recruits engage for an 
 unlimited period, it is of great importance that they should not be 
 enlisted at an advanced period of life, and perhaps 24 or 25 is, under 
 existing circumstances, the utmost age at which a man should be 
 received into the army. An extremely small proportion of the men 
 belonging to infantry corps of the line exceed 40 years of age, I 
 believe about 5 per cent. By the time they reach that age they 
 have nearly all become unfit for active service, and require to be 
 discharged on account of disabilities. The period, therefore, during 
 which a man's efficient service may be depended upon, is limited to 
 between 20 and 40 years of age. But there is another consideration 
 which ought not to pass unnoticed, namely, that many of the men 
 who enlist after 25 or 26 years of age, are habitually dissipated and 
 profligate characters, or persons who have been unsuccessful in 
 business, broken-down gentlemen, discharged soldiers, deserters, 
 <fec. all of which classes of society are very ineligible recruits. It has 
 already been stated, that implicit credit should not always be given 
 to the statements of men in regard to their age. This is particularly 
 7 c 2 mar
 
 14 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 the case in the older class of recruits, as men of 35 not nnfrequently 
 assert that they are not above 25 years of age ; and to promote the 
 deception, Warren's blacking is employed, when required, to con- 
 ceal the brightness of gray hairs. In such cases the period of life 
 must be estimated by physiological appearances, not by the testimony 
 of a recruit. After 25 or 26 years of age, corpulency, to a certain 
 extent, commonly supervenes, with more or less prominence of the 
 belly. The approach to an advanced period of life is indicated by 
 wrinkles on the forehead, particularly round the eye. in consequence 
 of the absorption of fat, and by the muscles becoming less firm, the 
 skin softer, and the extremities less plump. 
 
 I have no materials which are calculated to enable me to state 
 with any degree of accuracy, the average annual number of recruits 
 required for the British army in time of peace. The annual mor- 
 tality may perhaps be estimated at about 4000, and the men dis- 
 charged at an equal number, amounting together to 8000 ; but this 
 number does not include the annual decrement by desertion. I am 
 disposed to presume that from 1 1,000 to 12.000 recruits will be an- 
 nually required to supply the vacancies which occur in the army. 
 (Vide Note, No. IV.) 
 
 Having premised these remarks on the mode of enlisting recruits, 
 and the general qualifications necessary for soldiers, I shall now 
 proceed to consider in detail the causes on account of which a recruit 
 ought to be considered unfit for the army by a medical officer. 
 
 (Circular, No. 686.) 
 
 SIR, WAR OFFICE, 30/A July, 1830. 
 
 I have the honour to forward for your information, a copy of 
 instructions dated the 30th July. 1830, which have been issued with 
 my concurrence by the Army Medical Board, to medical staff, and 
 regimental officers, relative to the inspection of recruits, and of 
 soldiers brought forward for discharge, and to desire that you will 
 cause these instructions to be strictly attended to in the regiment 
 under your command. 
 
 I have the honor to be, Sir, 
 
 Your most obedient humble Servant, 
 
 H. HARDINGE. 
 Officer Commanding- 
 Regiment of 
 
 ARMY MEDICAL DEPARTMENT. 
 
 Instructions for the Guidance of Staff and Regimental Officers 
 belonging- to the Medical Department, in the ditty of examining 
 Recruits who may be brought before them for Inspection. 
 
 I. The leading object of the following instructions is to guard 
 against the approval of recruits for the army, whose health of body 
 or mind is unsound, who have any suspected taint of disease or dis-
 
 QUALITIES OF RECRUITS. 15 
 
 ability, and who, at the period of inspection are incapable of under- 
 going the fatigue to which troops are liable. 
 
 .II. Medical officers of the army are. from their professional know- 
 ledge and experience of the duties of a soldier, presumed to be capable 
 of forming a correct opinion of the health of recruits, their capacity 
 for exertion, and general efficiency. The external characters of 
 a sound constitution and efficient limbs may be briefly stated, viz. a 
 tolerably just proportion between the trunk and different members 
 of the body, a countenance expressive of health, with a lively eye 
 skin firm and elastic lips red teeth in good condition voice 
 strong chest capacious and well formed belly lank limbs mus- 
 cular feet arched and of a moderate length hands rather large 
 than small. The reverse of these marks of a good constitution 
 and efficiency, may be considered to indicate infirm health or 
 inefficiency. 
 
 III. The question of fitness or unfitness in a recruit, must in a 
 great measure be determined by the discretion arid experience of the 
 officer who inspects him, for no rule can be formed of so definite a 
 character as to dispense with the exercise of the deliberate reflection 
 and judgment of a medical officer. 
 
 [The essential qualities of a good recruit may be comprehensively 
 stated in a few words, namely, a suitable age ; aptness for military 
 duti/; a healthy body, and a sound mind. These principal or 
 essential qualities may exist with a number of blemishes, which in 
 the opinion of an unfettered, conscientious, skilful, and experienced 
 medical officer, may be considered of no material importance, inas- 
 much as they do not impair a man's efficiency, or diminish his 
 prospective longevity. It is very desirable that medical officers 
 should arrive at some degree of uniformity in regard to their estima- 
 tion of the fitness or unfitness of recruits. One medical officer fixes 
 his attention upon the maximum of the good qualities of recruits, 
 and rejects about 2000 out of every 3000 whom he examines; while 
 another, who is guided by the spirit of his instructions keeps in 
 mind the minimum of efficiency of recruits, and approves of 2000 
 out of every 3000 whom he inspects. The difference of these two 
 results is highly important in a financial as well as military point 
 of view.] 
 
 IV. As soldiers are liable to serve in every variety of climate, to 
 endure great changes of temperature, to be exposed to frequent vicis- 
 situdes of weather, to undergo much fatigue, to brave the greatest 
 danger, and often to sustain considerable privations of the common 
 necessaries of life, recruits should possess vigorous constitutions and 
 great muscular capability ; hence no man ought to be approved 
 for the service whose health is unsound, and who does not possess 
 adequate strength for the duties which he may be called upon to 
 perform, 
 
 [Until towards the end of the last century, it appears that the duty 
 of examining and approving of recruits for the army belonged chiefly 
 to the captains and field officers of regiments, and that the assistance
 
 16 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 of medical officers was not essentially required for that purpose. In 
 the business of inspecting recruits medical officers have usually had 
 their attention directed chiefly to the assumed indications of ineffi- 
 ciency or inaptitude of candidates for the army; whereas the in- 
 structions of military officers uniformly bear prominently in mind 
 the efficient qualities of recruits. Two examples may be given from 
 military writers. 
 
 " Forasmuch as the profession of a souldier is of all other the most 
 painefull, it is requisite that he be of a strong composition of body to 
 abide both heate and cold, hunger, and thirst, travell and watching, 
 and that when he enter into this course of life, he put on a resolu- 
 tion to abide all kind of hardnesse." Stratioticos by Thomas 
 Digges, Esq. London, 1590. 
 
 "In recruiting the regiment no man shall be entertained exceed- 
 ing 6 feet ; nor under 5 feet 11 inches, in stockings. They must be 
 well-faced, well-shouldered, well-limbed, light-timbered men, and 
 known to be Protestants. Their age from 18 to 23." (Standing 
 orders for the Rnyal Dragoons of Ireland, 1738.)] 
 
 V. The following enumeration of the more common causes for 
 which a recruit should be rejected, when any of them exist to such 
 a degree as will immediately, or in all probability at no very dis- 
 tant period, impair a man's efficiency, is intended as a general guide 
 to medical officers in the performance of the duty of inspecting 
 recruits. 
 
 1. Feeble constitution: unsound health from whatever cause, 
 indications of former disease, as leech-bites, traces of blisters, 
 thereby showing a liability to infirm health, nodes, glandular 
 swellings, or other symptoms of scrofula, &c. &c. 
 
 [Feeble Constitution. The disqualifying effects of a feeble consti- 
 tution will, perhaps, be better appreciated by a few observations 
 relative to a robust healthy frame than by any other means. A good 
 constitution implies a due proportional developement and healthy 
 condition of the various organs of the body. Persons who have 
 strong constitutions are not only less liable to disease than those 
 whose constitutions are weak, but when they are attacked, the 
 symptoms commonly yield to remedial means, and recovery is not 
 often tedious. Tall men are presumed to be more liable to disease 
 than middle-sized persons, and their complaints are alleged to be 
 more apt to become chronic. They are seldom able to endure long 
 continued fatigue so well as men of a medium height, and in general 
 they act with less energy. " Les petits rcsistent long-terns, les 
 collosses succombent de bonne heure. La campagne de Moscou est 
 decisive a cet egard" (Coche.) Men of short stature are usually 
 thicker and stouter in their relative proportions than persons who 
 are much above the medium height. A tall man has in general very 
 obviously a less capacious thorax in proportion to his height than a 
 middle-sized man. Certain trades, occupations, and conditions of 
 life, are, in some degree, indicative of the state of the health or consti-
 
 UNSOUND HEALTH. 17 
 
 tution. A very small proportion only of the children of soldiers reach 
 the age of manhood ; and those who survive the privations and 
 exposure they undergo are commonly stunted, often scrofulous, and 
 frequently vicious. This observation applies not only to boys 
 brought up with their parents, but also to the children of soldiers 
 who have been received into the Royal Military Asylum at Chelsea, 
 and the Royal Hibernian Military School, Dublin. Men of idle 
 habits and greatly depraved morals make excessively bad soldiers ; 
 they are seldom long out of the hospital or the guard-room. Persons 
 who have been abundantly supplied with food, and who have been 
 engaged in rural employments, are presumed to be more likely to 
 become healthy efficient soldiers, than artisans and the enfeebled or 
 often vicious inhabitants of large towns. A great many of the con- 
 scripts found unfit for the army in the French service are rejected 
 in consequence of a weak habit of body. The mean annual num- 
 ber of conscripts examined during the years 1831, 1832, and 1833, 
 amounted to 126,669, of which number 11,007 were exempted from 
 serving on account of feebleness of constitution, being 87 per 1000, 
 or nearly 9 per cent. But notwithstanding all the care that can be 
 taken to execute the duty of examining recruits, in a conscientious 
 manner, towards the country, the recruits themselves, and the per- 
 sons employed on the recruiting service, individuals may be occa- 
 sionally approved who will not become good soldiers, sometimes 
 on account of physical inefficiency, and sometimes from intellectual 
 incapacity. The Romans were well aware of this circumstance; 
 and, consequently, a conscript was never finally approved until he 
 underwent a probation of four months. If, by the end of this period, 
 it had been satisfactorily ascertained that he possessed the requisite 
 aptitude and strength, to enable him to surmount the hardships of 
 a soldier's life, with a sufficient .mental capacity for acquiring a 
 knowledge of his profession, and a due degree of courage, he re- 
 ceived the military mark, which was indelibly imprinted on the 
 hand, probably by branding. This mark served not only to show 
 that a man had, after trial, been approved, but also to discover de- 
 serters. The Apostle Paul is supposed to allude to this military 
 custom, GALATIANS, vi. 17. 
 
 Unsound Health. The causes on account of which recruits may 
 be found unfit for military service are comprehended under three 
 heads, namely, low stature, deformities, and infirmities (unsound 
 health.) The duty of a medical officer is limited to an examination 
 of the last two heads. Disease, or imperfect health, implies a state 
 of the body in which the exercise of some of its functions is impaired. 
 Unsound health comprehends, therefore, every variety of disability 
 which is not included under the head deformity. It includes not 
 only all the obvious infirmities, but also obscure and periodic disa- 
 bilities, which consequently may be simulated. Among the latter 
 class may be enumerated mental alienation, stammering, deafness, 
 epilepsy, vertigo, lameness, rheumatism, pain in some part of the 
 body, morbid paleness, indicative of an unhealthy constitution.
 
 18 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 When the evidence of the existence of a disability depends solely 
 upon the testimony of a recruit, a medical officer must consider 
 well how far he is warranted in finding him unfit on that account. 
 The man may no doubt state the truth, and he may be liable to epi- 
 lepsy, for example ; but the presumptive evidence against his state- 
 ment may be stronger than his testimony ; and a medical officer 
 ought to incur no blame for approving of a man under such circum- 
 stances. Commonly, however, in alleged epileptic cases, not a word 
 is said of a disability at examination ; the recruit swears, on being 
 attested, that he has never been subject to fits; he is transferred 
 from the depot, where he enlisted, to the head-quarters of the regi- 
 ment to which he belongs, inspected by the surgeon of the corps and 
 finally approved. By and by the man alleges that he fis affected 
 with epilepsy^and states that he has suffered from this disability for 
 several years. He is discharged; and the staff-surgeon who pri- 
 marily examined him, receives a reprimand, sometimes by being 
 directed to pay increased attention to the orders issued for the exam- 
 ination of recruits. Persons who have not had much practical ex- 
 perience of the examination of recruits are not aware of the difficul- 
 ties of the duty, and the contending interests which it involves. 
 "With respect to epilepsy, they frequently presume, that a man who 
 is liable to the disease has a particular cast of countenance, whereby 
 his alleged disability may be discovered. This presumption of 
 knowledge is, I believe, a complete fallacy. A case of this kind 
 happened to a staff-surgeon, a friend of mine, who, being conscious 
 that, in the performance of his duty, he was minute, vigilant, cau- 
 tious, and strictly attentive to all the orders and instructions which 
 had been issued in regard to the inspection of recruits, felt somewhat 
 vexed and hurt when he received the usual admonition or repri- 
 mand. In his defence he addressed the following query to three 
 eminent medical gentlemen, whose character for talents and experi- 
 ence was well known : 
 
 "Are you acquainted with any peculiarities of appearance by 
 which you are able to detect the existence of epilepsy, where the 
 general health of an individual liable to that disease appears to be 
 good?" 
 
 The answer from each of the three medical gentlemen was in the 
 negative. They knew of no sign by which, on viewing a recruit 
 subject to epilepsy, the disease could be detected. My friend con- 
 sidered this vindication due to his own character, for professional 
 knowledge and attention to his duty. In the Ordnance Medical 
 Regulations for the examination of recruits, careful inquiry is di- 
 rected to be made, as to a man's ever having been troubled with 
 fits ; but, it may be asked, where is the inquiry to begin and where 
 is it to end? The statement of a recruit, in regard to the disability 
 in question, either negatively, or affirmatively, is not very conclu- 
 sive ; and there is no other more satisfactory source of information. 
 
 Numerous orders and instructions have from time to time been 
 issued, for the purpose, among others, of preventing the loss sus-
 
 UNSOUND HEALTH. 19 
 
 tained by the public service, in the admission of recruits who have, 
 on intermediate or final inspection, been considered unfit, and dis- 
 charged. The loss incurred has, I believe, frequently arisen from 
 the premature discharge of men who have feigned disabilities, and 
 by that means effected their release from the army. In the per- 
 formance of the duty of inspecting recruits, the utmost vigilance is 
 absolutely indispensable. On a large scale the attention ought never 
 to flag, or the mind of the examiner for a moment be withdrawn 
 from the subject before him: if it is, there is a probability of some- 
 thing escaping him necessary to form an accurate estimate of the 
 fitness of a recruit. This observation is, of course, more especially 
 applicable where the subjects under examination are pretty nume- 
 rous, as, for example, 15, 20, or 30, daily. The most accurate ex- 
 ternal view is not always conclusive, as to the ultimate eligibility 
 of a recruit, and men are sometimes approved on an inspection and 
 examination of from five to ten minutes (the time usually required for 
 each), who, on an acquaintance of a month or more, would have been 
 rejected. But the process is necessarily a summary one ; the recruit 
 must be promptly rejected or approved. The best set of external tests 
 or marks are fallible; a man may become or may be already epileptic, 
 whose countenance betrays no sign of the disease: another may 
 have that obtnseness of mind which unfits him for being an efficient 
 soldier; he may be practically an idiot, and yet his replies, and con- 
 versation, and countenance evince no want of comprehension ; and 
 men of this class are occasionally approved. In the great divesity 
 of manner and aspect, no single examination will always be suffi- 
 cient to detect these defects : to be recognised they must be experi- 
 enced. Others may have a liability to pulmonic, hepatic, or febrile 
 affections, without any obvious indication of such a predisposition. 
 But it may be reasonably presumed, that, in the great majority of 
 cases, the ordinary marks of health and sufficiency will be fully 
 adequate to protect the public from any considerable loss. This is 
 undoubtedly true ; but in numerous inspections, for example 2000 
 or 3000 annually, these exceptions will amount to something; and 
 in every such exception the medical officer is liable to censure. 
 Every promising recruit will not become a good soldier; and every 
 youth raised in Kerry or Caithness will not be an available man 
 when he reaches Chatham barracks. Young men seldom enlist 
 from any rational preference to a military life; it is generally the 
 result of folly, misfortune, poverty or intemperance. Until a recruit 
 is domesticated with a corps, his attachment to the service can never 
 be calculated on, and recruits raised for regiments serving abrond, 
 in the period between enlisting and reaching the place of final em- 
 barkation, often betray great reluctance to the service. Sometimes 
 they endeavour to accomplish their discharge by feigning disabili- 
 ties, and sometimes they try to relieve themselves from the thraldom 
 of military control by desertion. A very considerable number of 
 recruits desert within three or four days after enlistment. 
 
 Indications of former disease. The traces of leech-bites, blis-
 
 20 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 ters, setons, cupping, &c. all deserve attention, and the probable 
 consequences require to be duly appreciated. Taken in connection 
 with the appearance of infirm health, they ought to have considera- 
 ble weight in determining a medical officer to reject a recruit, but 
 when the man under consideration is evidently robust and in excel- 
 lent health, they become of less importance. In cases where any 
 suspicion is entertained that a recruit has previously been in the 
 army, every trace of former disease ought to be carefully scrutinised, 
 (vide Article 40, Pensioning Regulations, 1829.) I have frequently 
 detected men who had served in India, where leeches are much 
 employed, and who had been discharged on account of ill health, 
 by the cicatrices of numerous leech-bites on the body. Attempts 
 are sometimes made to conceal scars on the neck, by bringing the 
 chin close to the neck. In the same manner I have seen a cicatrix, 
 resulting from an unsuccessful attempt to commit suicide by cutting 
 the throat, temporarily concealed. 
 
 Nodes. Inequalities of the surface of a bone are not always the 
 result of syphilis; they are occasionally found in robust healthy in- 
 dividuals, where no suspicion can be entertained of the existence of 
 disease, and consequently are not infirmities which invariably dis- 
 qualify a recruit. 
 
 Glandular swellings. Scrofula is commonly indicated by a 
 short thick neck, fair hair, blue eyes, face puffy, or slightly swelled, 
 particularly the upper lip. abdomen prominent, glands of the neck 
 and groin swelled. Scrofula is an adequate cause for the rejection 
 of a recruit.] 
 
 2. Weak or Disordered Intellect. 
 
 [The attention of medical officers should be invariably direcled 
 to the mental capacity of recruits. In almost all regiments there are 
 some men who never acquire the art of performing the duty of sol- 
 diers correctly, seemingly on account of want of intellect. But a 
 medical officer must be prepared not to pay implicit credit to the 
 testimony of interested persons in this respect. 1 have been repeat- 
 edly waited upon by the relations of a recruit, for the purpose of 
 informing me that his mind was unsound, a character he had 
 obtained, apparently, because he had enlisted without their appro- 
 bation.] 
 
 3. Chronic Cutaneous Affections, especially of the Scalp. 
 
 [This class of disabilities almost invariably renders a recruit in- 
 eligible. With respect to tinea capitifj Suuvillc, in his Thesis on 
 the Diseases which disqualify Conscripts for the French army, says, 
 " Cette maladie est quelquefois rebelle a tout traitment interne et 
 bien raisonne: Si celui qui est affecte de la teigne approache de vingt 
 ans et au-dela, elle peut etre re"put6e incurable."] 
 
 4. Severe Injuries of the Bones of the Head. 
 [Great injuries of the skull, followed by exfoliation, extraction or
 
 EYES EARS. 21 
 
 depression of the bones, should invariably cause a recruit to be re- 
 jected. Injuries of this kind are frequently succeeded by alleged 
 disabilities of the mind or body, and it is often difficult to distinguish 
 whether these consequences are real or feigned. Slight blemishes 
 or defects in recruits are sometimes magnified into serious disabili- 
 ties when they become soldiers ; and as it is impossible to estimate 
 the intensity of a complaint, or the influence it may have on the 
 general health, medical officers often find much difficulty in coming 
 to a conclusion in regard to such cases. A blemish of this kind may 
 be concealed by long hair, and hence the propriety and expediency 
 of applying the fingers to the head. Wigs are sometimes employed 
 to conceal fractures of the skull as well as tinea capitis. On this 
 subject I may quote an extract from Isfordink (Military Police 
 of the Austrian Army}: "Men who have grown bald from some 
 internal cause, or in consequence of a previous disease, use scalps 
 to conceal this blemish. Though at first sight it appears extremely 
 easy to find out the deception, yet it will certainly not be discovered 
 unless a medical officer directs his attention particularly to the cover- 
 ing of the head, because the modern art of wig-making very closely 
 imitates nature. The detection of this defect is, however, important, 
 not only with regard to baldness, but also with respect to a cutaneous 
 eruption on the head, and depression of the bones of the cranium. 
 Hence, when a medical officer inspects a volunteer recruit, or a sub- 
 stitute, the soundness of the hairy covering of the head should be 
 satisfactorily ascertained. The eyebrows likewise will require his 
 attention ; he must examine whether they are natural or false." In the 
 examination of recruits I have certainly found wigs where I did not 
 anticipate that there was any artificial covering of the head employed.] 
 
 5. Impaired Vision from whatever cause, Inflammatory Affections 
 of the Eyelids, Immobility, or Irregularity of the Iris, Fistula 
 Lachrymalis, &c. &c. 
 
 [Vision is sometimes impaired by obvious causes, as specks, 
 ulcers of the cornea and cataract. Complete or even partial amau- 
 rosis of an eye is a decidedly disqualifying defect, and one which 
 may escape detection. Chronic inflammation of the eye, together 
 with such affections of the eyelids as ectropion, or a turning out of 
 the eyelid, and entropion, or a turning in of the eyelid, render a 
 recruit unfit for the service. Any considerable irregularity of the iris 
 implies that the eye has suffered from inflammation, and conse- 
 quently, that it may be liable to a similar affection. During the 
 years 1831, 1832, and 1833, of the conscripts examined in France, 
 7.3 per 1000 were exempted from serving in the army on account 
 of short sight. Strabismus, which is frequently a modification of 
 imperfect vision, disqualifies a recruit for the army, when it exists 
 in any considerable degree.] 
 
 6. Deafness, copious discharge from the Ears. 
 [Deafness may no doubt exist without any physical evidence of
 
 22 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 loss of hearing; but it will be recollected that an impaired function 
 of the ear is easily feigned, and, consequently, the truth of an alle- 
 gation of deafness must generally be decided rather by moral than 
 physical evidence.] 
 
 7. Loss of many Teeth, or the Teeth generally unsound. 
 
 [When the incisors and canine teeth of the superior or inferior 
 jaw are wanting, a man is deprived of the means of easily and 
 rapidly tearing a cartridge he is consequently said to be unable to 
 execute the different modes of firing with precision. Rather more 
 than one per cent, of the conscripts examined for the French army, 
 during the years 1831-1833, were exempted from serving on ac- 
 count of loss of teeth. Recruits often endeavour to conceal the loss 
 of teeth by covering the gums with the lips. The assistance of the 
 dentist is occasionally resorted to. So widely, and perhaps absurdly, 
 is this article sometimes interpreted, that I have known a healthy 
 efficient recruit rejected upon medical inspection, because he had 
 lost one incisor tooth by an accident ; and others returned unfit be- 
 cause they had lost two molar teeth by accident.] 
 
 8. Impediment of Speech. (Stammering.) 
 
 [It may be observed that some stammerers can utter a few short 
 sentences in succession without any remarkable hesitation of speech. 
 When any doubt is entertained in regard to the existence of this 
 defect, a recruit should be placed for some time under probation; and 
 if he be unable to speak distinctly, the circumstance will commonly 
 become soon obvious. But stammering is easily feigned ; and re- 
 cruits sometimes simulate it for the purpose of being rejected. As 
 it is extremely difficult to detect impostors of this kind, perhaps they 
 are frequently successful. Stammering often exists where there is 
 no apparent deformity of the organs of sound, by which means, if a 
 recruit persist in stammering:, he will have a considerable prospect 
 of being rejected. Dr. Fallot, principal physician to the Belgian 
 army, very cleverly detected a conscript who feigned hesitation of 
 speech. He was, in consequence of violent contortions of the mus- 
 cles of the face when he began to speak, suspected of being an im- 
 postor, in fact, he overacted his part. Fearing that stammering 
 was not likely to effect his purpose, he pointed out a small goitre 
 which he had as an additional reason for his being exempted from 
 serving. Dr. Fallot assumed a serious countenance, and observed 
 to anolher medical officer, that, as the tumour was a large aneu- 
 rism, it disqualified the conscript for the army, and proceeded ap- 
 parently, to make out the certificate of his unfitness for serving. 
 The man was delighted, forgot to stammer, and was finally ap- 
 proved. Harelip is a decided disqualification of a recruit.] 
 
 9. Want of due capacity of the chest, and any other indication of 
 a liability to pulmonic disease, (Disease of the Heart.) 
 
 The practical application of this rule must be left to the discretion
 
 CONTRACTION OF A JOINT. 23 
 
 and skill of medical officers, for it is impossible to give specific in- 
 structions in regard to so wide and indefinite a subject. Dr. Fallot 
 says, " Tout homme dont la poitrine est mal conform^ ou trap 
 retrecie. doit etre juge impropre au service militaire." Every medi- 
 cal officer who is employed in the duty of examining recruits must 
 judge for himself in regard to the degree of deviation from sym- 
 metry of the chest, which may be considered an indication of an 
 unusual liability to pulmonic disease, and as disqualifying a man 
 for the army. Different minds will unavoidably arrive at different 
 conclusions on this as on many other presumed disabilities. 
 
 Heart. While a recruit is under examination, the circulation is 
 commonly quicker than usual, and the heart palpitates strongly, so 
 much so as occasionally to be obvious to spectators. Anxiety of 
 mind, and the novelty of a man's situation, will satisfactorily ac- 
 count for these circumstances, without concluding that they indi- 
 cate disease of the heart or large blood vessels. I have never re- 
 jected a recruit on account of an affection of the heart; but I am 
 aware that men have been found unfit for the army in consequence 
 of the alleged disability of "organic disease of the heart." A satis- 
 factory diagnosis of disease of the heart, so as to warrant a medical 
 officer to reject a recruit on that account, will very rarely be obtained 
 during a period of five or ten minutes, the time usually employed 
 in examining a candidate for the army. 
 
 10. Impaired or inadequate efficiency of one or both of the superior 
 extremities, on account of palsy, old fractures, especially of the 
 clavicles, contraction of a joint, mutilation, extenuation, deformity, 
 ganglions, &c. &c. 
 
 Palsy. Loss of power of one or more of the fingers of a hand, 
 occasionally occurs, sometimes as a consequence of mechanical in- 
 jury. The degree of the infirmity which follows will require to be 
 duly appreciated. 
 
 Fractures. Due care should be taken to ascertain that the long 
 bones are sound. When a man is approved whose arm has been 
 fractured, he is liable to allege at a future period that his arm is 
 painful and inefficient, consequently, unless the fractured bone has 
 been well united, he should not be found fit for the service. The 
 late Dr. Brown, staff-surgeon, examined a recruit who performed 
 satisfactorily all the evolutions to which recruits are commonly sub- 
 jected, although he had a disunited fracture of the radius and ulna 
 of the right arm. For a similar reason, men who have had a clav- 
 icle factured ought almost invariably to be rejected. They fre- 
 quently complain that the strap of the knapsack excites uneasiness. 
 
 Contraction of a Joint. Impaired motion of one of the large 
 joints, such as the shoulder or elbow, is a very important defect, 
 and a cause of inefficiency that occasionally escapes observation. 
 The little and sometimes also the ring-finger are found contracted, ap- 
 parently in consequence of heavy manual labour, which is a disability 
 that requires to be carefully examined, and duly estimated, so as to
 
 24 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 ascertain whether the hand is sufficiently apt to handle the firelock. 
 Each ringer should be examined separately, for the purpose of as- 
 certaining that the flexor and extensor muscles are sound, and their 
 functions unimpaired. 
 
 Mutilation. By the regulations comprehended in the French 
 Code de la Conscription^ a conscript is not to be exempted from 
 sorvice on account of any mutilation of a hand less than the loss of 
 a thumb or the fore-finger of the right hand. But regulations for 
 inspecting conscripts apply much better to the examination of 
 alleged disabled soldiers, than to the examination of recruits who 
 voluntarily enlist. The loss of any finger of a hand should cause 
 a recruit to be rejected; and no man who had lost the last joint of 
 the index finger of the right hand should be approved. 
 
 Extenuation. In general, the right arm has a circumference of 
 about one fourth or one third of an inch greater than the left; but 
 even where the difference of bulk is a little more than one third of 
 an inch, there is commonly no unusual inferiority of power in the 
 smaller arm. Occasionally, however, instances occur where one 
 arm is so much smaller than the other, as to be a sufficient cause 
 for rejecting a man. The want of symmetry, or difference of size 
 between the right and left arm, does not seem to depend much upon 
 the nature of the man's employment, for it is sometimes observed in 
 youths and in persons who have not been liable to much exercise, 
 to as great a degree as in mechanics, such as carpenters &c. 
 
 Deformity. Any deviation from the natural formation of one or 
 both arms, which impairs a man's efficiency, should be considered 
 as an adequate cause for rejecting him. A congenital deviation 
 from symmetry commonly affects both sides of the body ; a circum- 
 stance which helps to distinguish natural blemishes from traces of 
 injuries. 
 
 Ganglions. Tumours of this kind may impair the efficiency of 
 soldiers; they certainly give some colour for an alleged disability, 
 and consequently should be carefully considered before a recruit is 
 approved. 
 
 11. An unnatural excurvature or incurvature of the spine. 
 
 Stooping or round-shouldered men are objectionable as recruits, 
 more especially if they are above 21 or 22 years of age, even al- 
 though they possess sound health and adequate muscular power. 
 
 The spine is frequently deflected laterally, but unless the curva- 
 ture is considerable, this deviation does not by any means disqualify 
 a man for the army. In lateral curvature, there are commonly 
 two inflections, by which means the spinal column has a sigmoid 
 form. The convexity of the lower or lumbar curve is generally 
 towards the left, while the convexity of the upper is to the right 
 side. 
 
 Lateral curvature of the spine is intimately connected with civil- 
 ised life. In the male sex it occurs most frequently among boys who 
 study very closely, clerks, and persons who exercise sedentary
 
 HERNIA. 25 
 
 trades. The agricultural peasant is seldom affected with it, and the 
 tribes of people commonly denominated savage, perhaps never. I 
 have had good opportunities of observing the natives of India, and 
 of the Malay Islands, and I do not recollect having seen a single 
 case of this deformity among them. 
 
 There is a variety of lateral curvature which is occasioned by an 
 unequal length of the inferior extremities. When this is the case, 
 the pelvis is oblique, and the convexity of the curve is towards the 
 shorter lirnb. In this deformity the spinal column may be made 
 straight by placing a body equal to the difference of the length of 
 the extremities under the foot of the limb on the convex side of the 
 curve. When a deflection of the spine depends upon a short limb, 
 the curve may be observed by viewing the body in front, as the 
 sternum and linea alba have a flexure corresponding with that of 
 the vertebral column. Unless one limb is more than half an inch 
 shorter than the other, and there is some inequality as to develope- 
 ment, so as to render it probable that the extremity is deficient in 
 power, a recruit need not be rejected. 
 
 In the examination of recruits. I found so frequently a slight de- 
 viation of the spine, more especially laterally, and often in individ- 
 uals who possessed great aptitude for the duties of the army, with 
 sound health and well developed muscles, that I did not consider 
 that blemish, when in a moderate degree, a disqualifying defect. It 
 is expedient, however, not to say a word of the circumstance in the 
 hearing of a recruit, as he might at some future time found a disa- 
 bility upon the unnecessary, if not injudicious surmises of a zealous, 
 well-meaning medical officer. I believe that not a few, perhaps I 
 may say many, very eligible recruits have been rejected in conse- 
 quence of this hypothetical disability. 
 
 12. Hernia, or a tendency to that disability from preternatural en- 
 largement of the abdominal ring. 
 
 Three varieties of hernia are occasionally found upon examining 
 recruits, namely, ventral, umbilical, and inguinal hernia. The first 
 two varieties are commonly of little importance, and rarely inca- 
 pacitate a man for military duty ; the latter is a decided cause of 
 disqualification. The cases of ventral hernia which come before a 
 medical officer in the inspection of recruits are, in most instances, 
 scarcely perceptible even during the act of coughing, the protrusion 
 being often not larger than a pea or half a hazel-nut. Umbilical 
 hernia is also commonly trifling or unimportant in degree. It may 
 be mentioned -that a large proportion of the natives of Tropical 
 Africa have this affection, and perhaps no class of people in the 
 world are capable of enduring greater fatigue. Recruits sometimes 
 endeavour to conceal the existence of inguinal rupture, and when 
 the protrusion is but small, and appears after violent exertion only, 
 it may escape notice. The dissimulation is promoted by a purga- 
 tive, and by a short abstinence from food, and, as may be supposed, 
 a recruit under such circumstances, will not greatly exert himself
 
 26 MARSHALL ON THE ENLISTIN'G OF SOLDIERS. 
 
 in couching or jumping. It sometimes happens that the protrusion 
 of the intestine, and consequently the appearance of the disability, 
 does not take place until towards the end of the inspection, and par- 
 ticularly after the man has been directed to put one knee on the 
 ground. The inspecting medical officer should invariably direct 
 his attention to the usual situation of hernia immediately before a 
 man leaves the inspection room. Sometimes the existence of hernia 
 is not detected except by the stain or discoloration of the skin in the 
 neighbourhood of the groin, caused by wearing a truss, an instru- 
 ment which is occasionally found concealed under the clothes of a 
 recruit. Hernia has been simulated by persons who possessed the 
 power of elevating one or both of the testes to the rings of the ex- 
 ternal oblique muscles so effectually as to deceive medical officers. 
 Little or no dependence can be placed upon the allegations of a 
 recruit, in regard to the previous existence of a disability, as it is not 
 an uncommon circumstance for a man to regret having enlisted, 
 and with the view of being rejected by a medical officer, falsely to 
 allege that he is occasionally affected with rupture, or some other 
 disqualifying infirmity. Medical officers who inspect volunteers 
 have not only to guard against being imposed upon by the con- 
 cealment of diseases, but also by the simulation of infirmities. 
 
 " En France, la visite des conscrits avail specialement pour but 
 de leur prouver qu'ils etaient propres an service. En Angleterre la 
 visite des recrues a specialement pour objet d'examiner s'ils ne sont 
 pas impropres au service." (Force Militaire de la Grande Bre- 
 tagne, par Charles Duping 
 
 13. A varicose state of the veins of the scrotum, or spermatic 
 cord. Sarcocele, hydrocele, hemorrhoids, fistula in perineo. 
 
 A varicose enlargement of the veins of the scrotum (varicocele,) 
 or of the spermatic cord (cirsocele,) is occasionally attended with 
 pain and inconvenience during much fatigue, and consequently a 
 man who suffers under either of these affections to any considerable 
 degree may allege that he is unable for a particular duty, such as a 
 long march. Cirsocele seldom occurs, except on the left side. I 
 do not recollect having ever seen a well-marked case of it on the 
 right side, although I have examined nearly 30,000 recruits. An 
 enlargement of the veins of the cord is often much more evident 
 at one period than at another, and hence a liability to this affection 
 may escape observation during the time a recruit is under examina- 
 tion. In a moderate degree, a varicose state of the veins of the 
 spermatic chord or of the scrotum is rather a nominal than a real 
 disability. I never had occasion to admit a soldier into hospital on 
 account of this affection, and I believe many highly efficient recruits 
 have been rejected in consequence of this alleged disqualification. 
 
 Sarcocele. Any remarkable enlargement or induration of a tes- 
 ticle disqualifies a recruit. 
 
 Hydrocele. This affection is often very slight, and in that state
 
 INFERIOR EXTREMITIES. 27 
 
 can hardly be considered a disqualifying disability, but when there 
 is any enlargement of the testicle a recruit should be rejected. 
 
 On an average of every 1000 recruits examined. I found one man 
 in whom only one of the testicles had descended into the scrotum, 
 and in about every 10,000 examined, one in whom neither of the 
 testicles had descended. In some cases a testicle was situated in the 
 ring, thereby simulating hernia. 
 
 14. Impaired or inadequate efficiency of one or both of the inferior 
 extremities on account of varicose veins, old fractures, malforma- 
 tion, (flat feet, (fee.) palsy or lameness, contraction, mutilation, ex- 
 tenuation, enlargement, unequal length, bunions, overlying or 
 supernumerary toes, ganglions, <fcc. (fee. 
 
 Varices, or an unnatural and permanent dilatation of the veins 
 of an inferior extremity, is a defect in a recruit which should in 
 general be considered as a cause of rejection. Under the term va- 
 ricose, three different conditions of the veins of an extremity are 
 sometimes comprehended. 1st, a net-work of superficial blue veins: 
 2dly, a large size of the veins without the functions of the valves 
 being impaired ; 3c?/y, a preternatural fc dilatation of the veins, with 
 a failure of the functions of the valves. In this state they frequently 
 assume the appearance of a chain of cysts or bags, and the limb is 
 commonly in some degree enlarged, the cellular membrane indu- 
 rated, and the skin much disposed to ulcerate. The first and second 
 conditions of the veins are of little importance, while the third in- 
 capacitates a man for the army. In the early stage of this affection, 
 the turgidity of the veins is sometimes not very apparent until after 
 exercise ; hence the propriety of making a man walk smartly for a 
 short period while he is under examination. 
 
 Fractures. The same observations will apply to fractures of 
 the inferior extremities which were made in regard to fractures of 
 the superior extremities, No. 10. 
 
 Malformation. Flatness of the soles of the feet (splay-footed) is 
 the most common malformation in the inferior extremities among 
 recruits. This deformity is found in every possible degree. Many 
 of the slighter deviations from symmetry, however, do not dis- 
 qualify a man for military duty; indeed, I believe a very small ratio 
 of recruits is disqualified for the army on this account. Men who 
 have the soles of the feet not merely flat, but in some degree con- 
 vex, are ineligible as recruits; they are unable to walk steadily, or 
 to undergo the fatigue of long marches with equal ease as men with 
 well-formed feet. Great care should, however, be taken not to con- 
 found broad but sufficiently well-arched feet with the deformity in 
 question a mistake which I believe occurs very frequently. The 
 arch of the foot is admirably adapted for saving the body from 
 shocks by the elasticity of the supports, and for grasping the in- 
 equalities of the ground in standing or walking. The heels and 
 the balls of the toes are the two extremities of the elastic arch upon 
 which the leg rests. In the action of walking the heel is raised,
 
 28 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 and the body supported by the muscles of the calf of the leg; the 
 foot bends in some degree, and the weight of the body rests for some 
 time on the toes. At each step the ankles and knee-joints are gently 
 flexed, by which means the limb is made shorter or longer, as may 
 be required, in different stages of the step, and thus the body is 
 carried forward nearly perpendicularly. But when the sole of the 
 foot is convex, the functions of the inferior extremities are greatly 
 impaired ; the weight of the body rests upon the centre of the sole, 
 nearly in a line with the leg, and hence a mis-shapen foot of this 
 kind is, in some degree, as inapt for graceful or easy motion as a 
 wooden leg. Owing to there being no arch, there is very little 
 elasticity of the foot, and the motion of the ankle and knee-joints is 
 greatly diminished. In the action of walking, the leg in motion is 
 but little flexed, consequently the body describes, at each step, a 
 portion of a circle, of which the middle of the sole of the foot is the 
 centre. On this account, the body is constantly rising and falling, 
 and moving from side to side. The disabling effects of decidedly 
 flat or convex feet may be artificially displayed, by placing a body, 
 such as tying a handkerchief under the arch of the foot, so as to 
 make the sole flat, and attempting to walk. When the sole of the 
 foot is convex, there is little or no motion of the ankle-joint in 
 walking, the muscles of the calf of the leg become nearly useless, 
 the person is incapable of running, the toes are turned out, the side 
 of the foot is thrust forward in progression instead of the toes, and 
 walking is performed in a shackled unsteady (shaughling] man- 
 ner. Inexperienced examiners are apt to mistake large, broad, but 
 in other respects, well-formed and highly efficient feet, for deformed 
 ineffective feet, and, in consequence of erroneously concluding that 
 a broad foot is a disqualifying defect, I believe that many efficient 
 recruits have been thus rejected. I have been informed that the 
 returns of one district show that a seventh of the recruits rejected, 
 or about 5 per cent, of the men examined, were found unfit on ac- 
 count of flat feet. Now, if 2000 men were taken indiscriminately 
 on the street, I do not think above one individual would in general 
 be found who walked so infirmly or so unsteadily as to disqualify 
 him for military service. 
 
 Flat feet were, I believe, first comprehended in the "Rules to be 
 observed by medical officers in the examination of recruits," issued 
 from the army medical department in August, 1821. 
 
 On this subject I shall take leave to quote the excellent work of 
 Coche on the Examination of Recruits, (p. 273.) He says, " Je ferai 
 seulement remarquer, en passant, que celle si connue, sous la de- 
 nomination de pieds plats (c'est-a-dire, n'offrant point de crcux a 
 leur partie inferieure,) ne saurait etre un motif d'exemption ni une 
 cause de reforme du service militaire, quand 1'individu est bien con- 
 forme d'ailleurs, et qu'il parait jouir de toutes ses facultes intellec- 
 tuelles." ( Vide Note V.} 
 
 Palsy or Lameness. The efficiency of the limbs relative to the 
 exercise of marching should be carefully investigated. Recruits
 
 INFERIOR EXTREMITIES. 29 
 
 under examination for the Austrian army used to be obliged to 
 walk upon wet clay, for the purpose of ascertaining, by the impres- 
 sion of the feet, whether both of the inferior extremities were equally 
 efficient. Lameness is frequently feigned by recruits who wish to 
 be rejected, and, consequently, a medical officer must sometimes 
 exercise much discretion and cauiion before he either rejects or 
 approves of a recruit who alleges that he is lame, provided there is 
 no obvious cause of such an infirmity. In such cases disinterested 
 evidence can scarcely be obtained. 
 
 Contraction of a Joint. A permanent contraction of the flexor 
 or extensor muscles of a limb implies incapacity for military ser- 
 vice. This affection is occasionally the result of injuries received 
 in early life. 
 
 Mutilation. According to the French code, a conscript is not 
 exempted from serving on account of a mutilation of the foot less 
 than the loss of a <rreat toe, or two other toes of one foot. The loss 
 of a great toe incapacitates a man for the army, but a deficiency of 
 any other toe of a foot is not of much importance. 
 
 Extenuation. Frequent examples occur among recruits where 
 one inferior extremity is from half to three fourths of an inch 
 thicker than the other, without the function of the smaller lirnb 
 being impaired. This condition of an extremity is to be carefully 
 distinguished from partial atrophy, sometimes denominated blight) 
 which is characterised by considerable extenuation and want of 
 firmness of the muscles, and the slightest degree of which is a de- 
 cided cause for rejecting a recruit. 
 
 Enlargement. It has been observed that the right arm is gene- 
 rally larger than the left; but I am not disposed to think that the 
 right leg is commonly thicker than the left, Sometimes one leg is 
 disproportionately thick, and occasionally both are in this condition. 
 In some cases the enlargement seems to be the result of an affection 
 of the skin ; but whether a natural deformity, or a consequence of 
 disease, a man is thereby disqualified for service in the army. 
 
 Unequal length. This is not a rare occurrence. When the 
 short extremity is not extenuated, and the difference between the 
 length of the limbs not more than half an inch, I do not consider 
 this a disqualifying defect : it is only a blemish, and not an ade- 
 quate cause for rejecting a recruit. (See page 24.) 
 
 Bunions. A bunion is a partial dislocation of the great toe, 
 which commonly lies under or over the second toe. The projec- 
 tion of the ball of the toe is occasioned by subluxation, and an un- 
 natural separation of the distal extremities of the first and second 
 metatarsal bones. Bunions are invariably a consequence of wear- 
 ing short or tight shoes, by which means the foot is permanently 
 maimed, and frequently a man is thereby rendered unfit for the 
 army. 
 
 Overlying, distorted, and supernumerary Toes. Any disa- 
 bling infirmity of the feet is an important defect in a soldier; he 
 7 d 3 mar
 
 30 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 becomes soon fatigued, and is generally unable to endure a long 
 inarch. Supernumerary toes, whether in one or in both feet, de- 
 cidedly disqualify a man for the army ; because soldiers do not indi- 
 vidually ijet shoes made for their feet. Ganglions are commonly 
 situated on the back of the foot, and frequently render the wearing 
 of shoes irksome and painful. 
 
 15. Ulcers, or unsound cicatrices of ulcers likely to break out 
 afresh. 
 
 Cicatrices of ulcers when they adhere to the bone, and particu- 
 larly if surrounded by discoloured or diseased integuments, should 
 invariably cause a man to be rejected. Attempts are sometimes 
 made by recruits to conceal cicatrices, by covering them with paint. 
 
 16. Traces of corporal punishment, (this circumstance is an un- 
 qualified cause of rejection in regard to recruits.) 
 
 With the view of guarding against the admission of exception- 
 able characters into the service, the enlistment of recruits having 
 marks of corporal punishment was prohibited by the cornmander- 
 in-chief in 1818. I presume the prohibition comprehends corporal 
 punishment in a general sense, whether on the back or breech, and 
 that it is not limited to military flogging. Marks of corporal punish- 
 ment, including the mark of the letter I), do not disqualify a deserter 
 for the army. Traces of punishment are commonly attributed to 
 (he consequence of a blister or scalding water by recruits. The 
 marks of punishment are generally the result of ulceration, which 
 is not an invariable consequence of flogging. T have seen several 
 instances of men who received 500 lashes, without bearing the 
 marks of having undergone corporal punishment. 1 am aware of 
 one instance where a tnan who received 700 lashes, and "was 
 drummed out of a corps," re-enlisted and was finally approved; the 
 medical officer who examined him was at first supposed to have 
 overlooked the state of the back, but upon a subsequent examina- 
 tion, no trace of punishment could be perceived. The ulceration 
 which follows flogging sometimes leaves extensive unsound cica- 
 trices, which prevent a man from carrying his knapsack, and, con- 
 sequently, he becomes permanently disabled and unfit for the ser- 
 vice. Frequently the mark of the letter D is scarcely apparent, 
 probably from the imperfect manner in which the marking operation 
 was performed, and occasionally the obliteration seems to have been 
 effected by means of artificial ulceration. When the tatooed mark 
 is observed, the individual frequently alleges that it was made by 
 a priest, and that it is the initial letter of the word Jesus. 
 
 ; 
 
 17. Diseases, whether acute or chronic, for which medical treat- 
 ment is required. 
 
 Some exceptions to this rule may be admitted, such as scabies, 
 small incised wounds, abscesses, &c. ; but with respect to syphilis, and 
 other diseases, the duration of which is uncertain, they are adequate
 
 ROUTINE OF EXAMINATION. 31 
 
 causes of rejection. To conceal gonorrhoea, cobbler's wax is some- 
 times introduced into the urethra. 
 
 VI. Every recruit is to be undressed before inspection, and it 
 is directed that the examination shall be conducted agreeably to 
 the following 1 routine, by which means blemishes are not likely to 
 escape detection. 
 
 No man should be examined while he is intoxicated, and recruits 
 who have been intermediately approved in the country ought not, 
 unhss under pressing circumstances, to be inspected the same day 
 they arrive at a depot. Serjeants should be instructed not to bring 
 forward a recruit for examination until his feet have been washed. 
 Should it be discovered during the inspection of a recruit that he 
 has formerly been in the army, lie should not be approved before he 
 produces his "discharge," or his Chelsea "instructions," by which 
 means the cause of his leaving the service may be ascertained. 
 ( Vide Articles 40 and 41 of the Warrant for regulating the Pen- 
 sions of Discharged Soldiers, 1829, and the Warrant of 1833.) 
 Discharged men who re-enlist, and deserters, who wish to re-enter 
 the service, frequently omit to stale that they have been soldiers, 
 and consequently it is of importance to distinguish a man who has 
 been in the army from the ordinary class of recruits. A well-drilled 
 soldier is in general easily recognised, his posture is generally up- 
 right, both when he is in motion and at rest; his chest is full, partly 
 from an elevation of the sternum, and also from a greater develope- 
 ment of the pectoral muscles; the shoulders are drawn back, and 
 the. scapulas nearly approach each other. When, however, he 
 wishes to conceal that he has beet) in the-service, he sometimes 
 assumes a slouching manner, which commonly disappears when he 
 is desired to march smartly backwards and forwards in the inspec- 
 tion-room, and if the word "halt" be given, the influence of disci- 
 pline becomes instantly evident, 
 
 The examination of recruits has not hitherto been practically 
 taught as a branch of medical education, and, like novices in other 
 branches of information and duty, young examiners, who may not 
 always be young officers, frequently arrive at very different con- 
 clusions from those who have had greater experience in this duty. 
 Unaccustomed to frequent and careful examination of the human 
 form, beginners do not readily discriminate the shades of difference 
 in the developement of the different organs of the body. Experience 
 in this, as in all other branches of knowledge, is the best, indeed 
 the only school whore a medical officer can qualify himself for the 
 accurate and skilful performance of the duty. 
 
 ; 4vr.il ii HO .V'MDiii Tifiwe vcq binow iii^n wo'l vis-v -;>niij 
 
 VII. Upon entering the inspection-room, the recruit is to walk 
 a few times pretty smartly across the apartment, for the purpose of 
 showing that he has the perfect use of his lower extremities. He 
 is then 10 be halted and set up in the position of a soldier under 
 arms, with the knees about an inch apart, and examined both hi
 
 32 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 front and rear, from head to foot. Should no material defect he 
 discovered during this survey, the examination may go on. The 
 recruit is then to perform in imitation of the hospital serjeant the 
 following evolutions: to extend the arms at right angles with the 
 trunk of the body, then to touch the shoulders with the fingers, 
 next to place the backs of the hands together above the head; in 
 this position let him cough, while at the same time the examiner's 
 hand is applied to the rings of the external oblique muscles. Let 
 the inspecting officer examine the spermatic cord and testes, then 
 pass his hands over the bones of the legs. The recruit next stands 
 upon one foot, and moves the ancle-joint of each extremity alter- 
 nately; when any doubt is entertained respecting the efficiency of 
 this joint, or any part of an inferior extremity, he should be made 
 to test his strength by hopping upon the suspected limb for a short 
 period, and the size arid aspect of the corresponding joint or part of 
 the opposite limb should also be accurately compared. He is next 
 to kneel on one knee, then on the other, and subsequently on both 
 knees. Let him then stoop forwards and place his hands on the 
 ground, and while in this position it ought to be ascertained whe- 
 ther he be affected with haemorrhoids. 
 
 He is then to extend the superior extremities forward, for the 
 purpose of having his arms and hands examined, and with this 
 intention he is to perform flexion and extension of the fingers, and 
 to rotate the fore-arm. 
 
 The head is next to be examined, including the scalp, ears, eyes, 
 nose, mouth; the surgeon is then to ascertain that he possesses the 
 function of hearing, and the faculty of distinct enunciation. In 
 regard to the mental faculties, the inspecting medical officer should 
 invariably ask a recruit a few short questions as what corps he 
 belongs to, or what occupation he had previously followed, &c. &c. ; 
 or adopt any other means which he may deem necessary to ascer- 
 tain the condition of the intellect. 
 
 In general, no dependence should be placed upon any account a 
 recruit may give of his health and efficiency. Recruits are usually 
 denominated volunteers, but, by the time they are brought to a 
 medical officer, not a few of them would much rather be rejected 
 than approved; so that they are quite ready to allege a caiuse of 
 inefficiency, should an opportunity offer. Medical officers have 
 therefore to guard against being imposed upon, not only by the con- 
 cealment, but also by the simulation of infirmities. Were a recruit 
 to be believed and rejected when he states that he is liable to an 
 obscure or doubtful disease, such as epilepsy or incontinence of 
 urine, very few men would pay smart money. Often have I been 
 informed by the relations of a recruit, sometimes before examina- 
 tion, and sometimes after it, that he laboured under a variety of 
 disabilities, was idiotic, or liable to epilepsy. 
 
 When a man is rejected, the cause of his unfitness is recorded 
 in the recruiting register, and at recruiting depots the subdivision
 
 -g ROUTINE OF EXAMINATION. 33 
 
 officer is furnished with a copy of the entry. The pecuniary inte- 
 rest of the suhdivisional officer, and the parties under his command, 
 is directly opposed to the rejection of recruits, and -consequently 
 the conduct of the staff-surgeon in regard to the execution of his 
 duty is narrowly watched by that branch of the service. 
 
 When men are much required for the public service, the mini- 
 mum height is lowered, and the period of life during which they 
 rnay he enlisted extended, and vice versa. The supply of recruits 
 is thereby regulated according to the wants of the army, without 
 relaxing the regulations in regard to aptness, health general 
 efficiency. 
 
 VIII. The next point is to learn whether a recruit has passed 
 through small-pox, or has been vaccinated. 
 
 IX. When a recruit is approved, the attestation is to be filled up 
 and signed by the inspecting medical officer. 
 
 X. Under the head "Remarks and Observations," in the register 
 for recruits, all incidental facts of importance in regard to ench 
 individual case are to be recorded, including the causes for which 
 recruits have been rejected; blemishes, peculiar marks, &c. 
 
 XI. Should a medical officer, or a private medical practitioner, 
 intermediately approve of a recruit who has a trivial blemish, such 
 as a slight cicatrix on the leg, he is to inform the surgeon of the 
 corps to which the man belongs of the circumstance. He is also 
 to inform him when he detects a recruit, previously examined, sim- 
 ulating disabilities; the requisite information on those subjects may 
 be conveyed by means of attaching a slip of paper to a man's attes- 
 tation. District surgeons are also directed to conform to this rule. 
 
 XII. The signature of a medical officer to an attestation will be 
 considered tantamount to a declaration, that he has personally 
 examined the recruit in question, according to the routine mode 
 above described, and that the man had no blemish except as stated 
 in the attestation. 
 
 The routine mode of examination should invariably be adopted. 
 It is impossible to urge this point too strongly on the minds of 
 officers who have not had much experience in the examination of 
 recruits. 
 
 In the Austrian military service, when a medical officer approves 
 of a recruit or a conscript, he is directed to state in his certificate 
 that the man declares he is in the enjoyment of good health, or 
 rather that he is not affected with any internal disease. This mea- 
 sure is intended to obviate the simulation of disabilities after a man 
 joins his rejjiment. In the British service, when a recruit is at- 
 tested, he swears that he is not lame, and that he has no disability 
 or disorder which impedes the free use of his limbs, or unfits him 
 for ordinary labour. Notwithstanding this precaution to prevent 
 any hut healtfiy efficient men from entering into the army, disabili- 
 ties are frequently alleged by a recruit on joining a depot or regi- 
 ment, and occasionally his simple allegation on that subject obtains
 
 34 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 more credit than the oath he has taken, by which means he some- 
 times succeeds in procuring his discharge. 
 
 XIII. The certificate of surgeons or assistant surgeons of regi- 
 ments, when they approve of recruits for the corps to which they 
 themselves helong, will be considered final. 
 
 XIV. Recruits who have been intermediately approved by a 
 regimental medical officer, or by a medical officer on the staff under 
 the rank of staff-surgeon, or by a private practitioner, are to be 
 re-examined by a district staff-surgeon, or by a medical officer of 
 the regiment to which they belong. Should a district surgeon con- 
 sider an intermediately approved recruit ineligible for the service, 
 the man in question is to be reported to the inspecting field-officer, 
 for the purpose of being brought before a board of medical officers, 
 whose decision in regard to his eligibility or ineligibility shall be 
 final. Whenever a medical board cannot be assembled, a reference 
 shall be made, by order of the director general, to any army medi- 
 cal officer whom he may appoint, or he will, on the reports received, 
 decide upon the case himself. 
 
 It will appear, by this article, that all the men enlisted in a re- 
 cruiting district are eventually examined by the staff-surgeon of 
 the district, except the few who occasionally enlist at the head- 
 quarters of a regiment or depot, and are inspected by the medical 
 officer in charge. Those raised at the head-quarters of a recruiting 
 depot are usually denominated "town recruits" while those enlisted 
 in other parts of the district are commonly named " country re- 
 cruils." When the staff-surgeon considers a country recruit ineli- 
 gible for the service, and a medical board concurs in that opinion. 
 he is commonly discharged. By a circular letter from the War 
 Office, bearing date 29th April, 1817, it appears that, in consequence 
 of a number of recruits who had been intermediately approved by 
 medical officers, having been rejected by the district surgeons on 
 account of disabilities which ought to have been discovered, the 
 Prince Regent directed that, in all such cases, the expense incurred 
 on account of the recruits should be charged against the medical 
 officer by whom they were passed in the first instance. In conse- 
 quence of this order, a number of medical officers had to pay very 
 heavy fines, and the ratio of recruits rejected was greatly increased. 
 The regulation of the 29th April, 1817, was rescinded by a letter 
 from the War Office, bearing date 1 1th March, 1822. 
 
 XV. A similar course will be adopted with respect to interme- 
 diately approved recruits, who may be deemed ineligible by a regi- 
 mental medical officer of the corps to which they belong. Vide 
 Form of Return, Nos. I and 2. 
 
 XVI. The certificate of a district staff-surgeon, in regard to the 
 fitness of a recruit for the service, will be deemed a final approval, 
 in as far as respects a medical examination, except in the case of 
 recruits for the Honourable East India Company's service.
 
 
 INELIGIBLE RECRUITS. 35 
 
 " Whenever a recruit, who has been approved by a district staff- 
 surgeon, joins ihe head-quarters of the regiment, whose fitness the 
 regimental medical officer does not feel himself justified in confirm- 
 ing, the regimental medical officer is to transmit, through his com- 
 manding officer, to the Director-General of the Army Medical 
 Department, a report of the case, showing in what the unfitness of 
 the recruit consists, and whether, in the regimental medical officer's 
 opinion, it has originated since the recruit was approved by the 
 district staff-surgeon." War Office Circular, 22d Dec. 1832. 
 
 Hitherto this Article, (XVI.) has remained a dead letter, as far as 
 the regular army is concerned; or rather in practice it has been 
 usually abrogated, the approval of a recruit by a staff-surgeon 
 being not more final than the approval of one by a civil medical 
 practitioner. Although a man is certified as fit for the service by a 
 staff-surgeon, if he be deemed ineligible by the medical officer in 
 charge of the reserve companies, or regiment to which the recruit 
 belongs, he is usually submitted to the decision of a board of medi- 
 cal officprs, in the same manner as is directed in Article XIV. I 
 am not aware that any reason has been officially assigned for annul- 
 ling- Article XVI., and, consequently, 1 plead ignorance of the cir- 
 cumstances which may have led to it. Regimental officers, I arn 
 aware, allege that they have a greater interest in selecting good 
 recruits for the corps to which they belong, than staff-officers ; and, 
 perhaps, on this account they have obtained the privilege of disap- 
 proving of the decisions of the inspecting field-officers and staff- 
 surgeons of recruiting districts. A staff-surgeon, who has been 
 some time employed in the duty of inspecting recruits, is well 
 aware that it is highly incumbent on him not to approve of a re- 
 cruit who is unfit for the duty of a soldier, but he is also aware 
 that it is equally obligatory on him not to reject men unless they 
 are decidedly unfit for service in the army. The line of demarca- 
 tion between these two points is so undefined, that 1 fear the most 
 conscientious and skilful performance of the duty of a district sur- 
 geon will not always avert censure, in consequence of being sup- 
 posed to incline too much either to one side or the other. Were 
 the medical boards, to which ineligible recruits are referred, com- 
 monly constituted of officers who have had more experience in the 
 inspection of recruits than district surgeons, an appeal to their 
 opinion and decision might be highly expedient and satisfactory ; 
 but when a board happens to be composed of officers who have 
 had little or no experience in this duty, and some of whom may 
 never before have examined men with a view to their fitness for 
 the service, its decision does not always give general satisfaction. 
 Safety is pot insured by a "multitude of counsellors," except the 
 counsellors have acquired wisdom from attention and experience. 
 The examination of recruits is a daily occupation with district sur- 
 geons, and, provided they devote the requisite attention to the sub- 
 ject, they are more likely to perform that duty impartially, skilfully,
 
 36 
 
 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 and correctly, in every respect, than officers who may not inspect 
 ten recruits in a year. 
 
 With regard to the importance of the duty of inspecting recruits, 
 and the attention and care which is required to perform that duty 
 well, I shall subjoin two extracts, one from the Austrian, and an- 
 other from the Prussian official instructions on the subject; together 
 with the opinion of two medical officers of great experience, one 
 belonging to the Fr. nch, and the other to the Belgian army. 
 
 The first extract is from the Austrian recruiting regulations: 
 "The duty of inspecting conscripts ancl recruits requires the ulrnost 
 impartiality, skill, and circumspection, on the part of a medical 
 officer : he has to decide upon the fitness or unfit ness of a man for 
 the army, and if his decision be subsequently found incorrect, he 
 becomes responsible for the consequences, and is liable to a penalty 
 which will not be remitted." (Instructions from the Austrian 
 War Office, January, 1809.) 
 
 The second extract is from the Prussian regulations: "The 
 duty of inspecting recruits, and of determining whether they are 
 fit or unfit for the military service of the country, is one of the 
 most difficult and responsible an army surgeon has to perform. To 
 enable him to execute it correctly, and with suitable promptitude, 
 he would require more knowledge and experience than is generally 
 believed ; he rnus? possess an intimate acquaintance with anatomy, 
 physiology, and pathology. A knowledge of these sciences is essen- 
 tially required to qualify him to decide on the health and general 
 efficiency of .recruits, and to distinguish between defects that may 
 be real from those that are only feigned. He must also be well 
 acquainted with the duties of the different classes of soldiers, infan- 
 try, artillery, and cavalry, during war as well as in peace. The 
 qualifications for performing so important a duly can be acquired 
 only by long service and much experience. It is impossible to 
 frame specific rules for the examination of recruits, so as to obviate 
 every difficulty. Tn a great variety of cases, the decision must 
 depend on the discretion and experience of the inspecting medical 
 officer." Regulations for the Medical Examination of Recruits 
 for the Prussian army. 
 
 The examination of conscripts in France resembles, in some 
 measure, the inspection of men who are alleged to he disabled and 
 unfit for further service in the British army. In the French army 
 the inspection of conscripts is conducted by a recruiting board, 
 composed of civil and military officers, assisted by a rnrdical officer 
 specially appointed for the purpose, and to whom the title of inspec- 
 tor is given. He does rio% however, form one of the board, being 
 only its assessor, and consequently has no vote in the deliberations. 
 The duty of the medical rfficcr has been summarily detailed in the 
 following passage by Beaupre*: "Conscripts are entitled to have 
 their alleged disabilities examined and duly appreciated, for the 
 purpose of being exempted from serving, should they be unfit for
 
 IMPORTANCE OF EXAMINING RECRUITS. 37 
 
 the army. This right is founded upon two principles, namely, that 
 of justice and humanity, and the interest of government. Medical 
 officers who are employed on this duty should invariably be guided, 
 in the opinion they deliver, by impartial justice and the strictest 
 equity. Neither power nor prejudice should have any influence 
 upon their decision; they are equally the advocates of the state 
 and of mankind; consequently, they may be alternately called upon 
 to defend the cause of government and to plead the rights of the 
 people. Before they decide on the fitness of a conscript, they 
 should invariably keep in view the irksomeness of the profession 
 and mode of life for which he is destined, more especially the con- 
 straint occasioned by military equipment, the weight he will be 
 required to carry, the fatigue of marching, the wearisomeness of 
 long standing in the ranks, the toil he must undergo in the perform- 
 ance of military manoBiivres, and the influence these circumstances 
 may have on the health, particularly upon the organs of the chest. 
 They should never forget, that a feeble, puny conscript or recruit 
 rarely becomes an efficient soldier. Slight disabilities or diseases 
 become aggravated by a military life; and a conscript or recruit, 
 who does not possess adequate strength and health to enable him 
 to execute his various duties without much fatigue, soon droops, 
 infirm health supervenes, he is admitted into hospital, and in the 
 course of twelve or eighteen months his disabilities render it neces- 
 sary to discharge him from the service." (Beaupre sur le Choix 
 dcs Hommes, $*c.) 
 
 Extract from a work by Dr. Fallot, Physician to the Belgian 
 army, on the inspection of recruits, &c. : " The duty of inspecting 
 conscripts and recruits is not only an important, but a very difficult 
 task, partly in consequence of the obscurity of the indications or 
 symptoms of some disabilities. But to ascertain the existence or 
 the name of a disability, is not the only difficulty a medical officer 
 meets with ; he has also to appreciate the disqualifying degree of 
 an infirmity, for the purpose of deciding upon the fitness or unfit- 
 ness of a man for the army. Rules and regulations on this sub- 
 ject, however carefully they may be devised, and however minutely 
 they may enter into detail, are but very imperfect guides. They 
 furnish an outline, it is true, of the track which requires to be fol- 
 lowed, but they do not enable us to escape the many mistakes into 
 which we may fall. Whoever is employed in the duty of inspect- 
 ing recruits ought to be intimately acquainted with the anatomy, 
 physiology, and the diseases of the human body; and, above all, 
 he should have devoted a long and careful attention to the practice 
 of his profession for in this part of the duties'of a medical officer 
 there is no substitute for experience." Memorial dc f expert dans 
 la vifi/.e Sanitaire ries Hommes de Guerre. Par L. Fallot. 
 
 In Belgium, when a physician or a surgeon is employed to exa- 
 mine conscripts or substitutes for the army, he takes the following 
 oath : " Je jure (promets] de me conformer exactement dans fexa- 
 mcn de la constitution physique, tant interieure qrfexterieure des
 
 38 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 volonf.aircs, inherits et rem-plagants, designes pour le service de 
 la milice nationale, aux dispositions arrctces par la loi sitr cette 
 ini/ice, de declarer fro vehement et de bonne foi, sans halue itifa- 
 veur, s'ils sont snjets a des maladies on des iujirmiles, ffiii Ics 
 rendraient incapable de servir. Ainsi Dieii rne soit en aide." 
 
 Dr. Hamilton (Duties of a Regimental Surgeon considered,} 
 has very graphically described the difficulties which a medical offi- 
 cer had to contend with in the inspection of recruits for the arrny 
 ahont the year 178'2. "It is the surgeon's duty (he says) to pass 
 recruits, i. e. to examine whether men enlisted he fit for the service. 
 In performing this, he labours under some difficulties ; for if this 
 man be rejected by him as improper, the officer who enlisted him is 
 offended, indeed, in all probability he is a great loser; for if a re- 
 cruit be not approved of, all that was given him is lost to the officer. 
 But if, to please the officer, the surgeon accepts, and signs his name 
 to the sound list, he is blamed afterwards by the regiment, as well 
 as by the commanding officer, when it is discovered the man is 
 always in the sick reports, and really unfit for a soldier. Hence he 
 must be discharged; the king loses by him, and the service is in- 
 jured. We may place this, however, among the surgeon's difficul- 
 ties, for he oftentimes finds himself in a dilemma ; and let him act 
 as he will on these occasions, he may be sure of giving offence to 
 some party. It is wrong to cheat the king and sign a falsehood; 
 it is a pity to put an officer, who perhaps has only his pay to sup- 
 port him, and is now under the increased expense of the recruiting 
 service, to the loss he must sustain by rejecting his recruit." -Dr. 
 Hamilton is, so far as I know, the earliest medical author who 
 alludes to the duty of examining recruits. I have not been able to 
 learn when the assistance of medical officers was first required in 
 the examination of recruits in the British army. 
 
 In addition to the difficulties attending the duty of the inspecting 
 recruits, enumerated by Dr. Hamilton, a district surgeon, when he 
 approves of a recruit who is subsequently deemed ineligible for the 
 service by a medical board, is liable to be called upon by the gene- 
 ral commanding in chief, and by the director-general of the medi- 
 cal department, to ojve his reasons for passing him. The only 
 reason which a district surgeon can render is, that he considered 
 tho recruit fit for military duty; and as he can have but a very 
 imperfect, if any, recollection of the man, what more can be ex- 
 pected ? In general, the members of medical boards have had but 
 little practical acquaintance with the duty of inspecting recruits, 
 arid, consequently, no great deference is usually paid to their opi- 
 nion. It is not a rare circumstance for a district staff-surgeon to 
 approve of a recruit who he knows had been formerly found unfit 
 by a medical board. Indeed, a district surgeon who considered a 
 recruit qualified for the service would not be warranted in rejecting 
 him, merely on account of a different opinion having been expressed 
 in regard to his fitness by a medical board at a former period. 
 Colonel Robinson, \r*i6- pubJished A Letter to a General Officer
 
 IMPORTANCE OF EXAMINING RECRUITS. 39 
 
 on the Recruiting' Service, in 1811, highly disapproved of the 
 mode of inspection and the rejection of recruiis by district sur- 
 geons, who, he says, "are so hampered by. their instructions, that 
 they cannot freely exercise their own judgment in performing their 
 duty, and great numbers of actually serviceable men are in conse- 
 quence entirely lost to the army. 71 When Colonel Robinson pub- 
 lished his letter, he was Inspecting Field Officer of the London 
 district; and. as fie had much experience in the recruiting service, 
 his opinion deserves careful consideration. 
 
 Medical boards and military officers are commonly more credu- 
 lous than district surgeons, w'.o find from experience that they are 
 very liable to be deceived, if much dependence is placed upon the 
 testimony of recruits regarding disabilities which have no obvious 
 cause. When a recruit is attested, he swears that he does not suffer 
 under any disability or disorder which impedes the free use of his 
 limbs, or unfits him for ordinary labour; but sometimes, when a 
 man joins his depot, he alleges that he labours under some disabil- 
 ity, such as lameness, or dimness of vision, and on account of these 
 alleged infirmities, recruits are occasionally found unfit for the ser- 
 vice by a board. I have seen a copy of a letter from a staff-officer, 
 high in rank, serving on a foreign station, of which the following 
 passage is an extract: "As old soldiers, who have been discharged 
 and sent home, frequently are returned as recruits, and men suffer- 
 ing from fractured sft tills, with plains introduced into their heads, 
 have found means to be enlisted," &c. I have no doubt that men 
 who wished to be discharged would relate such stories; hut what 
 opinion could they entertain of the common sense of the officers 
 who credited their fictions? 
 
 In the duty of inspecting recruits, officers of experience nnd ob- 
 servation are guided, in a great degree, by their knowledge of the 
 duties and habits of soldiers ; whereas young officers, or officers 
 who have had but little experience in this particular branch of 
 duty, are apt to be more influenced by the letter than the spirit of 
 the "Instructions," and frequently consider men disqualified for the 
 service, on account of a blemish which a more experienced officer 
 would not deem a disqualification for the service, or the existence 
 of which they might think so doubtful as not to warrant rejection. 
 I have known recruits who were approved by staff-surgeons of 
 much experience, and who were reported ineligible by regimental 
 medical v->fficers, and subsequently found unfit by medical hoards, 
 on account of alleged blemishes of a very unimportant or doubtful 
 character; for example, a slightly enlarged state of the veins of 
 the scrotum; imperfect execution of the "goose step;" loss of the 
 first joint of the middle finger of the left hand; the cicatrix of a 
 scald on the thigh, which was not concealed by a kilt. A collec- 
 tion of the alleged disabilities for which medical boards have found 
 recruits unfit for the service, would be both an amusing and an 
 instructive document. I am well aware that instances occasionally 
 occur of recruits, respecting whose efficiency two officers, cf what-
 
 40 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 ever standing:, rank, or experience in the army, may conscientiously 
 entertain different opinions, without any reflection upon the atten- 
 tion or ability of either. 
 
 XVII. To enable a man who secures a deserter to receive the 
 usual reward, a certificate of his fitness for the service must he pro- 
 duced to the magistrate who commits him. In the examination of 
 a deserter, medical officers will recollect that he is already in the 
 service, consequently he should not be found unfit for military duty, 
 unless he suffers under a serious disqualifying disability; such as 
 would render it necessary to discharge a soldier from the army. 
 
 Were a similar degree of strictness observed in regard to the fit- 
 ness of deserters as of recruits, many a soldier who knew that he 
 had a slight blemish, such as a little enlargement of the veins of a 
 leg, or might easily feign one, would desert in the hope of being 
 certified unfit for the service, and thus obtain his discharge, when 
 he pleased to surrender himself. Deserters who are returned unfit 
 for service receive a protecting certificate from the adjutant-general. 
 I have inspected deserters who were brought to me with extensive 
 sloughs on the legs, apparently occasioned by the recent applica- 
 tion of aquafortis: to have certified these men unfit, would have 
 been to become the dupe of their knavery. Deserters sometimes 
 voluntarily mutilate themselves after they are taken, and before 
 they are brought to a medical officer for inspection. 
 
 XVIII. Every recruit who has not passed through small-pox, or 
 vaccine disease,, is, if possible, to be vaccinated by the inspecting 
 medical officer; and if the exigencies of the service will not permit 
 this to be done, the circumstance is to be reported to the surgeon of 
 the corps to which the man belongs. 
 
 XIX. The books required to be kept, in regard to this branch of 
 the duty of a medical officer, are : 
 
 1. A register o*f recruits, which is to be ruled so as to contain 
 the following heads: 
 
 A. Date of examination. 
 
 B. Regiment. 
 
 C. Name of each recruit. 
 
 D. Age. 
 
 E. Country of birth (as England, Ireland, or Scotland.) 
 
 F. Previous occupation, or station in life. 
 
 G. Small-pox <"r cow-pox. 
 
 H. Remarks and observations. 
 
 2. A letter and return book. 
 
 3. A vaccination register. 
 
 XX. Medical officers attached to recruiting depots will forward 
 to the director general a numerical return, dated on the first of each 
 month, of the recruits examined, with the numbers rejected and 
 approved during the preceding month. 
 
 XXI. District surgeons and regimental medical officers arc
 
 NOTES AND ILLUSTRATIONS. 
 
 41 
 
 directed to transmit to the director general an annual return of the 
 recruits they examine. Vide form, of return, No. 3. 
 
 XXII. When district surgeons have the charge of sick, they are 
 to comply with the regulations issued lor the guidance of regimental 
 medical officers in the exercise of their duty, and to forward similar 
 returns. 
 
 (Signed) J. M'G RIGOR, Director General. 
 
 FORM OF RETURNS. 
 No. 1. 
 
 Return of (one or more recruits) who have joined the recruiting 
 depot or regiment, and who, upon examination, have been con- 
 sidered ineligible for his majesty's service. 
 
 NAME. 
 
 Date of 
 Enlistment. 
 
 Intermediately 
 approved by 
 
 Cause of 
 Ineligibility. 
 
 - 
 
 
 
 
 Signatures 
 
 Surgeon. 
 Commanding Officer. 
 
 No. 2. 
 
 Proceedings of a board of medical officers, assembled by order of 
 
 for the purpose of reporting upon the state of 
 
 A. B., a recruit, who has been considered ineligible for service, by 
 
 V Members of the Board. 
 
 The board, having carefully examined A. B. a recruit belonging 
 to regiment, who has been deemed ineligible for the service, 
 
 by in consequence of [here insert the 
 
 cause of the alleged disability,] and n'nd that he [here describe 
 the kind and degree of whatever disability he may labour under,] 
 we are of opinion that the above-named recruit is for the 
 
 service. 
 
 Signatures of the members r ii*>J 
 
 of the board. i 
 
 The decision of a board of medical officers is commonly conclu- 
 sive, and the opinion or finding forthwith acted upon, but their 
 proceedings are, however, liable to be revised ; at any rate I was a 
 member of a medical board, which was called upon by the adjutant
 
 43 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 general through Dr. Renny, director general of hospitals in Ireland, 
 to assign reasons for the finding which \ve had given in regard to 
 the inefficiency of a recruit, and in consequence of which he had 
 been rejected. As the recruit in question was not produced for a 
 second examination by the hoard, the members had it not in their 
 power to reconsider the evidence upon which they had pronounced 
 an opinion, namely, the appearance of the man himscif. and, con- 
 sequently, could not revise their finding and final decision in re- 
 spect to his uu fit ness. 
 
 In Ireland, when a board was ordered to examine recruits who 
 were considered ineligible by a district staff-surgeon, or by the 
 medical officer of a regiment, it was customary, and perhaps the 
 practice still prevails, to inform the members that, " in the event of 
 the recruit being pronounced unfit to be retained, it is desirable that 
 the board should express its opinion as to the probability of his 
 being unable to impose on the public by re-entering the service;" 
 and when a recruit was found unfit, the board usually added, "that 
 he is not likely to re-enter the service." The question respecting 
 " the probability of a recruit being again enabled to impose on the 
 public," is often very difficult to solve. It involves two important 
 points, first, the cognizable and disabling nature of the infirmity; 
 and secondly, the talents, experience, and judgment of the medical 
 officers before whom he is brought for examination. The circum- 
 stance of a recruit having been approved, appears satisfactory evi- 
 dence of the possibility, if not the probability, of his being approved 
 again, should he present himself for examination. 
 
 No. 3. 
 
 Return of recruits inspected at the recruiting depot or regi- 
 
 ment, from the 1st January , to the 31st December 
 
 inclusive.- 
 
 Approved 
 
 Rejected .... 
 
 Total inspected 
 
 : _ _ 
 
 CAUSES OF REJECTION. 
 
 No. 
 
 Unsound health ..... 
 
 Weak intellect ..... 
 
 Traces of scrofula ..... 
 
 Muscular tenuity ..... 
 
 Chronic cutaneous affections 
 
 Specks on the cornea .... 
 
 Cataract ...... 
 
 Deafness ...... 
 
 Loss of many teeth ....
 
 NOTES AND ILLUSTRATIONS. 43 
 
 Defective condition of the superior extremities in conse- ) 
 qnence of old fractures, contractions, &c. <fcc. $ 
 
 Deformed spine '* } 4) i' : V p "' l -'* -\ ^V 
 
 TT ( Right side 
 
 Hernia, inguinal ^u-, :,,..,., *. v >..-. . 7, - , 
 
 ( Left side 
 
 C Both sides 
 Laxity of the ring of the external oblique muscles < Right side 
 
 ( Left side 
 Varicose veins, left spermatic cord -7 Ii! 
 
 Ditto right ditto Jw.-sl. c*i/; I .*pr 
 
 Disease of the left testicle >'.> " wp *>S ! A -\^> 
 
 Ditto of the right ditto ^ .' J V' j t(i v* ; L 
 Hydrocele, hoth testicles U: 'J ! ^ i< ~^.V *'. 
 
 Ditto right 2^ '.^. oii.\9; ii- v !j tl->;5s. 
 ITydrocele, left testicle -'ij- 5 . ^5 C 1l ,'j ss.;^ 
 Di-fective condition of the inferior extremities, in conse- ) 
 quence of old fractures, malformation, &c. &c. ) 
 
 Varicose veins of both legs . ' f l^ b ipn \i\\t\y 
 Ditto of the right leg >"'.' J n : 'fcj*r -lij 
 
 Ditto of the left . '^ 8! ^i'=. lv "Y- :f< 
 
 Ulcers, wounds, or cicatrices of ditto J J" 'I'V 
 
 Traces of corporal punishment i ;/>) > :.: ''; 
 &c. &c. &c. ( F//e ^b/c, ./Vo. VI.) 
 
 Obscure or doubtful disabilities. The instructions relative to 
 the inspection of recruits are more particularly calculated to prevent 
 men from being approved for the army who suffer under concealed 
 (dissimulated) disabilities; and when an army is recruited by volun- 
 tary enlistment, this is certainly the class of infirmities concerning 
 which a medical officer should be especially on his guard. But as 
 many recruits regret enlisting before they are inspected, some of 
 them endeavour to be relieved from enlistment, by alleging that 
 they are liable to certain disabilities, such as vertigo, frequent head- 
 ach, short sight, occasional haemoptysis, chronic rheumatism, epi- 
 lepsy, periodic asthma, incontinence of urine, weakness of memory, 
 and partial lameness. A medical officer requires to be on the 
 watch, lest he should be imposed upon by the feigning (simulation) 
 of disqualifying infirmities, as well as to detect and recognise con- 
 cealed disabilities. 
 
 The following disabilities may exist without the knowledge of 
 a recruit, and they may also escape the cognizance of a very care- 
 ful medical officer, incipient consumption, aneurism of an arte- 
 rial trunk, lumbar abscess, certain degrees of weakness of intel- 
 lect. 
 
 Efficiency required of different branches of the service. Ac- 
 cordmg lo Dr. Jackson, the duty imposed upon medical officers in 
 the inspection of recruits is, " not to select what is every way good, 
 but to reject what is absolutely unfit." The instructions, however, 
 direct that no recruit is to be approved, unless he possesses " ade-
 
 44 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 quate strength for the duties which he may be called upon to per- 
 form," and a medical officer will require to take into consideration 
 the specific duties of different branches of the army, for which the 
 recruit may be intended. 
 
 Ordnance Department. Recruits for this branch of the service 
 ought to be powerful athleiic men. The duties of the field, and 
 even of the arsenal, are laborious, arid require great strength. In 
 some respects, however, artillery-men undergo less fatigue than 
 infantry of the line. They do not, in general, carry their knapsack 
 on a march, and are little exposed to night duty. 
 
 Cavalry. Dragoons are almost constantly employed either at 
 drill or in the stables, but their duty is not commonly very fa- 
 tiguing. As they do not carry their necessaries, a march does not 
 add so much to their exertions as to those of infantry soldiers, and 
 on active service they are .generally much better protected from 
 vicissitudes of weather. According to the Prussian regulations for 
 the examination of recruits, an equal degree of care is not required 
 in the examination of men whose chests are contracted, or whose 
 limbs are ill-formed, if intended for cavalry, as if for infantry corps. 
 The following blemishes do not disqualify men for service in the 
 Prussian cavalry; the deformity usually denominated in-kneed, 
 cicatrices of ulcers on the legs, loss of a great toe, moderately de- 
 formed feet, and flatness of the soles of the feet. 
 
 Infantry. An infantry soldier does not usually undergo much 
 fatigue during peace, but on active service he is exposed to perhaps 
 greater fatigue than either artillery-men or dragoons. On a march 
 he is obliged to carry his knapsack, accoutrements, <fcc., which 
 weigh about sixty pounds. He is also liable to much night duty. 
 Infantry soldiers look sooner old than persons in civil life, so do 
 sailors, a circumstance which perhaps depends chiefly on night 
 duties and disturbed sleep. This branch of the army has always 
 a larger proportion of sickness and perhaps of mortality than either 
 the ordnance or cavalry, which probably arises from greater fatigue 
 and more frequent exposure to the vicissitudes of weather. Re- 
 cruits for the infantry should, therefore, as far as regards health and 
 muscular capability, be selected with even more care than for ca- 
 valry corps. 
 
 ;:
 
 45 
 
 NOTES AND ILLUSTRAT 
 
 
 
 ~- 
 
 _ 
 NOTE I. Page 1. 
 
 Form of Attestation. 
 
 UNLIMITED SERVICE. 
 
 ATTESTATION FOR REGIMENTS. 
 
 QUESTIONS. 
 
 To be separately asked by the 
 magistrate. 
 
 1. What is your name? . . 
 
 2. In what parish, and in, or 
 near what town, and in what 
 county, were you born? 
 
 3. What is your age ? 
 
 ANSWERS. 
 
 To be sworn to by the recruit. 
 
 In the parish of 
 near the town of 
 in the county of 
 
 * \ r \ . Years. 
 
 in or 
 
 Months. 
 
 4. What is your trade or calling? . . 
 
 5. Are you an apprentice ? .... 
 
 6. Are you married ? 
 
 7. Are you ruptured, or lame; 
 have you ever been subject to 
 fits; or have you any disabi- 
 lity or disorder which ini- } 
 pedes the free use of your 
 limbs, or unfits you for ordi- 
 nary labour? 
 
 8. Are you willing to be attest- ] 
 ed to serve in the regi- 
 ment of 
 
 until you shall be legally dis- j 
 charged ? J 
 
 9. On what day, and by whom /* Q n t j 1e 
 were you enlisted? 1 . . . J 
 
 10. For what bounty did yon en- 
 list? . . . . x - . . 
 
 1 The recruit cannot be attested sooner than twenty-four hours, nor later 
 thau font days after bis enlistment. 33d clause of Mutiny Act. 
 
 7 e 4 mar
 
 46 MARSHALL ON THE ENLISTMENT OF SOLDIERS. 
 
 11. Do you now belong to the 
 militia? 1 
 
 12. Do you belong to any other ) 
 regiment, or to the marines, > 
 ordnance, or navy 1 . . . 3 
 
 13. Have you ever served in the ) 
 army, marines, ordnance, or > 
 navy? 2 ) 
 
 I do make oath that the 
 
 above questions have been separately put to me ; that the answers 
 thereto have been read over to me ; and that they are the same that 
 I gave, and are true. 
 
 I do also make oath, that I will be faithful and bear true alle- 
 giance to her majesty, her heirs, and successors, and that 1 will, as 
 in duty bound, honestly and faithfully defend her majesty, her 
 heirs, and successors, in person, crown, and dignity, against all 
 enemies, and will observe and obey all orders of her majesty, her 
 heirs, and successors, and of the generals and officers set over me. 
 
 So help me God. 
 Witness my hand, 
 
 Sworn before me, at 
 
 ( Signature of 
 
 this day of 
 
 the recruit. 
 
 one thousand eight \ 
 
 Witness present. 
 
 hundred and 
 
 Signature of the Magistrate. 
 
 ARTICLES OF WAR. 
 
 First and Second Articles of the Second Section. 
 
 1. " Any officer or soldier, who shall begin, excite, cause, or join 
 in any mutiny or sedition, in any of our land or marine forces, or 
 in any party, post, detachment, or guard, on any pretence whatever; 
 or who, being present at any mutiny or sedition, shall not use his 
 
 1 The magistrate is directed, in puujng the llth question to the recruit. 
 and before he receives his answer, distinctly to apprize the recruit, that if he 
 belongs to the militia and denies the fact, he is liable to six months' impri- 
 sonment. 
 
 2 If so, the recruit is to state the particulars of his former service and the 
 cause of his discharge, and is to produce the certificate of his discharge, if 
 h has it with him.
 
 NOTES AND ILLUSTRATIONS. 47 
 
 utmost endeavour to suppress the same; or who, coining to the 
 knowledge of any mutiny, or intended mutiny, shall not, without 
 delay, give information to his commanding officer; or 
 
 2. " Who shall desert from our service, (whether or not he shall 
 re-enlist therein ;) shall suffer death, or such other punishment as 
 by a general court martial shall be awarded," 
 
 Description of 
 
 Age, apparently 
 
 Height Feet Inches. 
 
 Complexion 
 
 Eyes 
 
 Hail- 
 Any distinctive mark. 
 
 To wit, ) I one of her majesty's justices 
 
 \ of the peace of do hereby certify 
 
 that the above is the description of the recruit, 
 
 and in my presence all the foregoing questions were 
 put to the said that the answers written 
 
 opposite to them are those which he gave to me ; and that the 1st 
 and 2d articles of the 2d section of the articles of war were read 
 over to him, that he took the oath of allegiance and fidelity, that he 
 received the sum of on being attested this day, and 
 
 that I have given him a duplicate of this certificate, signed with rny 
 name. 
 
 ( Signature of the 
 (_ magistrate. 
 
 SURGEOiN'S CERTIFICATE. 
 
 I have examined the above-named recruit, and find that he has 
 no rupture nor mark of an old wound or ulcer adhering to the 
 bone: he is free from varicose veins of the legs, and has the full 
 power of motion of the joints and limbs. He is well formed, and 
 has no scrofulous affection of the glands, scald head, or other in- 
 veterate cutaneous eruptions ; and he is free from any trace of cor- 
 poral punishment. His respiration is easy, and his lungs appear to 
 be sound. He has the perfect use of his eyes and ears. His gene- 
 ral appearance is healthy, and he possesses strength sufficient to 
 enable him to undergo the fatigue to which soldiers are liable. I 
 consider him fit for her majesty's service. He has the following 
 particular marks or scars. 
 
 Dated this day of 
 
 Signature of \ 
 Surgeon. \ 
 Confirmed. Surgeon to Regiment. 
 
 having been finally approved, I caused
 
 48 
 
 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 his name, age, date, of attestation, and every prescribed particular, 
 to be recorded in the regimental register, with the No. affixed 
 
 to his name; and I certify that I am satisfied with the correctness 
 of this attestation, and that the forms required by the mutiny act 
 appear to have been complied with. 
 
 j-v . ( Signature, officer 
 
 \ commanding. 
 NOTE II. Page 8. 
 
 Extract from evidence delivered before his majesty^s commis- 
 sioners for inquiring into the system of military punishments 
 in the army, March 15, 1836. 
 FIELD MARSHALL THE DUKE OF WELLINGTON. 
 
 l< Question 5806. Has any mode ever suggested itself to your 
 grace, by which a better class of persons might be induced to enter 
 into the army, tinder the present mode of voluntary enlistment? I 
 should say not. The objection to entering into the army, in my 
 opinion, is the severity and regularity of the duty, the regularity of 
 the discipline, and the life which the soldier is obliged to lead, and 
 which you must oblige him to lead ; the climates to which he is 
 exposed, and the constancy of the service in those climates. I do 
 not think that a better description of persons would be induced to 
 enlist than at present, voluntarily, not even for any bounty, because 
 the amount of the bounty is no consideration. *** I do not think 
 any bounty would procure the service of a better description of men 
 than is enlisted at present." 
 
 NOTE III. Page 11. 
 
 Statement of the mean ratio of mortality which occurred among 
 the troops employed in the following stations, from 1st Janu- 
 ary 1831, to 3lst December 1836, being a period of seven 
 years. 
 
 Mean annual ratio of 
 Mortality per 1000 of 
 all ages, from 1831 to 
 1837. 
 
 li 
 e 
 o 
 
 Annual ratio of 
 ty within the 
 periods of life, p 
 the mean stren 
 
 o o o 
 
 eoi/jsoeoeoeo oocs 
 10 Tf c* c>i o? t^ -- 06 
 - -i 01 <N o i to 01 cq 
 
 t-; co .-; 
 TjJod-* 
 n TJI rt 
 
 <?* 
 (M< 
 
 ~ ti tO CD O 
 
 ; <?J o 
 
 !*:^-^ 
 en 1/5 -^ 
 
 i cioco 
 
 -J C3 
 
 OOOt- 00t-t Tj 
 
 * s f ri o
 
 NOTES AND ILLUSTRATIONS. 
 
 49 
 
 Noxious agents or causes of mortality exist in all countries, and 
 these causes of mortality will have greater or less influence upon 
 the human body, in proportion to its conservative powers. The 
 rate of mortality among a body of troops is therefore in some degree 
 a test of the existence, and a measure of the power of these destruc- 
 tive agents. It has long been supposed that the conservative pow- 
 ers of the constitution acquired strength by length of residence in 
 unhealthy climates; but this inference or conjecture derives no con- 
 firmation from statistical investigation, for example, the observation 
 in regard to Jamaica, in the above statement, one man in seven dies 
 annually in Jamaica, and the strength is usually kept up by young 
 recruits, varying from 19 to 21 years of age. Now, if the conser- 
 vative powers of the constitution gained strength by length of resi- 
 dence in Jamaica, the ratio of mortality between the ages of 25 and 
 33 should be very obviously lower than during the period between 
 the ages of 18 and 25, but the reverse is the case, not only in regard 
 to Jamaica, but also in regard to the Windward and Leeward 
 Island station, and uniformly in all the other stations, both in the 
 temperate and torrid zones. I may also state that the mortality of 
 epidemics has been found to follow the general law of the mortality 
 of age. 
 
 NOTE IV. Page 14. 
 
 Estimate of the annual number of recruits required for the Bri- 
 tish army. 
 
 Statement of the effective strength of the British army employed at 
 home, and on foreign service the number of deaths, and the 
 ratio of mortality, together with the number discharged for a 
 period often years, or from 1819 to 1828 inclusive. 
 
 
 
 g . ^ Effective 
 
 
 ~ 
 
 
 
 Effective 
 
 . 
 
 r c strength, 
 
 
 III 
 
 
 Years. 
 
 strength. 
 
 1 
 
 g g SStli Dec. 
 
 "2 
 
 
 Discharged. 
 
 
 25th Oec. 
 
 s 
 
 =5 Foreign 
 
 5 
 
 O.-0 v. 
 
 . 02 
 
 
 
 at home. 
 
 
 c o. Service. 
 
 
 ^ Q. 
 
 
 1819, 
 
 53,380 
 
 492' 0.9 
 
 54,992 
 
 3755 
 
 6.3 
 
 15,940 
 
 1820, 
 
 54,527 
 
 740 l.l 
 
 50,557 
 
 25*4 
 
 5.1 
 
 7,654 
 
 1821, 
 
 37,988 
 
 620 1.6 
 
 51,277 
 
 22-20 
 
 4.2 
 
 19,965 
 
 1822, 
 
 41,530 
 
 560* 1.3 
 
 46,709 
 
 2692 
 
 5.7 
 
 7,300 
 
 1823, 
 
 40,786 
 
 566 1.3 
 
 48,995 
 
 1981 
 
 4.0 
 
 5,250 
 
 1824, 
 
 42,585 
 
 651 1.5 
 
 49,888 
 
 2257 
 
 4.5 
 
 4,'25 
 
 1825, 
 
 57,048 
 
 854 1.6 
 
 53,755 
 
 384!) 
 
 7.1 
 
 5,703 
 
 1826,! 48,826 
 
 1082 2.2 
 
 58,339 4513 
 
 7.7 
 
 8,613 
 
 1827,1 47,747 
 
 824 1.7 
 
 58,440 3713 
 
 6.3 
 
 5,670 
 
 1828, 
 
 46,193 
 
 828 
 
 1.8 
 
 59,592 2814 
 
 4.7 
 
 4,471 
 
 Total, 
 
 470,610 
 
 
 
 531,534 
 
 
 
 
 Mean 
 
 
 
 
 
 
 
 
 of ten 
 
 47,061 
 
 721 
 
 1.5 
 
 53,153 
 
 3037 
 
 5.7 
 
 8,549
 
 General Abstract. 
 
 
 Strength. Deerement by deaths and discharges. 
 
 108,372 
 
 20,187* 
 
 105,084 
 
 10,977* 
 
 89,265 
 
 22,805* 
 
 88,239 
 
 10,552* 
 
 89,781 
 
 7,799 
 
 92,473 
 
 7,833 
 
 110,803 
 
 10,406 
 
 107,165 
 
 14.208* 
 
 106,187 
 
 10,207 
 
 104,785 
 
 8,113 
 
 1,002,144 
 
 123,078 
 
 100,214 
 
 12,307 
 
 50 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 Years. 
 
 1819, 
 1820, 
 lS2l r 
 
 1822, 
 1823 T 
 1824, 
 1825 r 
 1826, 
 1827, 
 1828, 
 
 Aggregate strength 
 and decrement. 
 
 Mean of 10 years, 
 
 From this abstract it appears that the mean annual decrement of 
 the army by death and discharges, for a period of ten years, amount- 
 ed to 12.308; but an exact or conclusive inference cannot be 
 drawn from this circumstance in regard to the ordinary decrement 
 by death and disabilities, and the annual number of recruits re- 
 quired to keep up the strength of the army, inasmuch as it is more 
 than probable that during the years marked with an asterisk the 
 number of discharges may have been considerably increased by the 
 reduction or disbandment of one or more regiments. The decre- 
 ment by desertions, it will be recollected, is not included in the 
 above return. In all likelihood, the annual number of recruits 
 required to fill up the vacancies in the British army arising from 
 death, discharges, and desertion, during a period of peace, will 
 amount to about 11,000 or 12,000 men. 
 
 NOTE V. Page 28. 
 
 Flatness of the soles of the feet. (Circular addressed to the medi- 
 cal officers of the Prussian army, by Gorcke, director-general of 
 the medical department.) 
 
 In the examination of recruits mistakes are often made by con- 
 founding two different kinds of deformity of the feet, of which one 
 is, in common language, termed Jlat feet, the other broad feet. 
 Want of due discrimination in this respect gives rise to errors on 
 the part of a medical officer who is directed to examine whether a 
 recruit be fit for military service. The following observations will, 
 it is hoped, obviate such mistakes in future. In the flat foot the 
 bones of the leg are for the most part natural ; there is, however, 
 an irregularity in the manner in which the bones are placed on the 
 foot, and in the relative position of their distant extremities with 
 respect to the bones of the tarsus. The inner ankle is very promi-
 
 NOTES AND ILLUSTRATIONS. 51 
 
 nent, and is placed lower than usual. A hollow exists below the 
 outer ankle, of a greater or less extent, according to the degree of 
 the deformity. The dorstim, or back of the foot, is not sufficiently 
 arched ; the foot is broader in the neighbourhood of the ankle than 
 near to the toes. The inner side of the foot, which in a well- 
 formed person is concave, is flat and sometimes convex. When a 
 flat foot is placed on the ground, the sole projects so much on the 
 inside that the finger cannot be introduced below it. A person with 
 flat feet usually walks with his knees bent, and assumes an attitude 
 like a man when he pushes forward a wheelbarrow. He rests upon 
 the inner side of the sole, and the usual degree of motion of the 
 ankle joint is impeded. 
 
 Flatness of the soles of the feet is almost never seen among the 
 higher ranks of society, and very rarely among females. Children 
 under ten years of age are seldom affected with this deformity. 
 It is therefore possible that the disposition to flatness of the soles 
 of the feet may exist in childhood, although the full developement 
 of the deformity does not take place until the body is nearly fully 
 grown. 
 
 The remote cause of flatness of the soles of the feet is not satis- 
 factorily known. Individuals who have this deformity in one foot 
 only, usually attribute it to an injury, as a sprain, <fcc. ; and when 
 both feet are affected, they commonly aver that they have had flat 
 feet from childhood. Whatever notion we may entertain of the 
 origin of the deformity, it has no other foundation but conjecture 
 or analogy. There is no reason for supposing that the bones, or 
 even the ligaments, are diseased in flat feet. In all probability the 
 deformity consists in a sinking of the arch of the os calcis. and a 
 corresponding displacement of the astragalus, whereby the inner 
 surfaces of these bones become the inferior, and the exterior sur- 
 face the superior. When a foot is remarkably flat, it is not unlikely 
 that there is a subluxation of the anterior articular surface of the 
 head of the astragalus from the posterior articular surface of the os 
 naviculare, and an elongation of some of the ligaments which con- 
 nect the bones. These circumstances would give rise to the ap- 
 pearances by whicU the deformity is distinguished, viz.: the altered 
 position of the tibia and fibula, the flattening of the back of the 
 foot, the convexity of the inner margin of the foot, the treading 
 on the inner border of the sole, the peculiar gait, which depends 
 on an unnatural degree of motion between the astragalus and the 
 os naviculare, the difficulty of moving the foot in consequence of a 
 stretching of the ligaments. 
 
 May not the deformity be owing to a displacement 01 flattening 
 of the internal tubercle of the tuberosity of the calcaneum? Va- 
 rious causes may contribute to this effect, namely, a tardy ossifica- 
 tion of the bones of the tarsus; infirm health, or a feeble consti- 
 tution, scrofulous habit, &c., and the constantly increasing weight 
 of the body. Flatness of the soles of the feet is particularly ob- 
 servable among the labouring classes of a community, which, per-
 
 52 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 haps, may, in part, be occasioned by a practice which especially 
 prevails among the poor, namely, that of placing children very 
 early upon their feet. Scrofula seems to contribute to flat feet, and 
 perhaps in a great degree on account of the weight of the swelled 
 bellies of children, a very frequent symptom in this disease. Fe- 
 males may be less liable to the deformity, because boys are earlier 
 employed in laborious occupations than girls. 
 
 By a very moderate degree of attention, a flat foot may be easily 
 distinguished from a broad foot. In the broad foot, the bones of the 
 leg are well placed upon the foot; the usual hollow exists under 
 the inner portion of the sole; the back of the foot is arched, the 
 foot is not disproportionately broad at the tarsus; the expansion 
 of the foot commences with the bones of the metatarsus, and it is 
 broadest near to the toes. Broad feet are usually more fleshy than 
 flat feet. 
 
 The function of walking is in no degree impeded by this slight 
 deviation from the regular form of a foot, which consists simply in 
 an extension of the lateral ligaments of the heads of the metatarsal 
 bones, occasioned, in all probability, by much use of the feet. It 
 will therefore appear that men with broad feet, in consequence of 
 being much inured to walking, are particularly well adapted for 
 active military duty, more especially in the infantry; while men 
 with flat feet are totally unfit for the army. When the deformity 
 is considerable, a man is incapable of marching easily, for the feet 
 swell, and the soles get chafed. A flat-footed man wears his shoes 
 on the inside, so that the shoe of a person who is thus deformed 
 may be readily discriminated. 
 
 The remote and proximate causes of this deformity are still but 
 very imperfectly known, ni:d it is therefore much to be wished that 
 army medical officers would avail themselves of every opportunity 
 which offers to investigate the subject. To do this effectually, 
 deformed feet should not only be carefully inspected, but the parts 
 of the foot ought, to be examined after death. By this means we 
 may be able to attain greater certainty in regard to the cause of 
 the deformity, and perhaps to discover a rational plan of treatment. 
 
 Berlin, July 31, 1818. 
 
 NOTE VI. Page 43. 
 
 On the examination and rejection of recruits. 
 
 I have stated in the text, page 34, that the order which rendered 
 medical officers approving of recruits who were subsequently re- 
 jected on final examination, liable to defray the expenses incurred 
 on their account, was rescinded by the secretary at war in March, 
 1822. But although the order issued by the secretary at war was 
 then cancelled, it will appear by the following circular letter from 
 the adjutant-general, that medical officers continue to be liable to 
 heavy penalties from the comtnander-in-chief for alleged profes- 
 sional delinquencies regarding the approval of recruits.
 
 NOTES AND ILLUSTRATIONS. 53 
 
 Recruiting Department. 
 
 (CIRCULAR.) 
 
 Horse Guards, 14th August, 1824. 
 
 Sir, It appearing by reports which have been made to* the 
 commander-in-chief, that of the recruits which are raised, more 
 especially for foreign service, the majority are of an ineligible de- 
 scription, notwithstanding the minute and positive instructions which 
 have from time to time been issued for the guidance of those who 
 are charged with the recruiting inspections, the commander-in-chief 
 is at length obliged to declare that his royal highness will consider 
 it to be his duty to recommend the immediate removal of the staft 
 of any district, which, after the present warning, shall be reported 
 to have produced objectionable recruits, as well as to fix on the 
 culpable officer in every practicable case, the expense attending the 
 enlistment of a subsequently rejected recruit. His royal highness 
 finds that, however the instructions as to stature may be kept sight 
 of by the inspectorial authorities, those relating to the general 
 appearance of the recruit are overlooked. His royal highness, 
 therefore, applies this caution more particularly to points connected 
 with the constitutional appearance, mould of chest, size of bone, and 
 likelihood of growth of the recruit. I have, &c. 
 
 (Signed) H. TORRENS, A. G. 
 
 The inspecting field-officer, 
 District. 
 
 In practice the circumstances 'or causes on account of which 
 recruits are rejected, may be arranged under three classes: 
 
 1st. Diseases or deformities which a medical officer, from his 
 professional knowledge and acquaintance with the duties of sol- 
 diers, concludes are infirmities which disqualify men for service in 
 the army. 
 
 2d. Slight blemishes which do not disqualify a man for the 
 army, Tnit which an unwilling soldier may exaggerate, and allege 
 that he is thereby rendered unfit for military duty. An old fracture 
 may be considered a type oQhis class of blemishes. 
 
 '3d. Unimportant deviations from symmetry, or slight variations 
 from the usual form or condition of the body, technical or nominal 
 blemishes which do not incapacitate a man for the army, or in the 
 smallest degree impair a man's efficiency. Recruits are commonly 
 ignorant of the existence of this class of causes of rejection. A 
 lateral deviation of the spine, broad feet, loss of a few teeth, may 
 be given as types of this class. District staff-surgeons reject 
 recruits who come under the first two classes, from a conviction 
 that they render a man unfit or ineligible for the army; but those 
 under the third head are frequently rejected from fear of responsi- 
 bility a dread of an epistolary correspondence if objected to by
 
 54 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 regimental medical officers, and an ultimate loss of professional 
 character. 
 
 The following returns of recruits examined at the Centre 
 recruiting district (Dublin) during the years 1825-28, comprehend- 
 ing part of the period I was attached to the staff of the Dublin 
 district, will show the causes of the rejection of recruits, and the 
 relative frequency of each disability. 
 
 Return of recruits inspected at the recruiting depot, Dublin, (Cen- 
 tre recruiting district) from 25th December, 1824, till 24th 
 December, 1825. 
 
 Approved, 4839 
 
 Rejected, 1390 
 
 Total inspected, - 6229 
 
 Causes of Rejection. 
 
 Ophthalmia tarsi, - - - - 3 
 
 Pulmonic diseases, - - 2 
 
 Epilepsy, - - - - - 3 
 
 Weakness of intellect, ... 7 
 
 Unsound health, ..... 158 
 
 Traces of scrofula, - ,68 
 
 Syphilis primitiva, - - - 26 
 
 consecutiva, 3 
 
 Gonorrhoen, - ..... 3 
 
 Chronic affections of the skin, - 5 
 
 Tinea capitis, or traces of this affection, - - 15 
 
 Muscular tenuity, 30 
 
 Nebulous obscurity of the cornea, - 3 
 
 specks on the cornea, 30 
 
 Cataract, - - - 7 
 Closed pupil, - - 7 
 Amaurosis, - 2 
 Strabismus, -a 2 
 Puriform discharge from the ears, - - 10 
 Deafness, - ... 3 
 Loss of teeth, diseased gums, &c. * - 22 
 Enlarged tonsils, - I 
 Narrow chest, .' _. - 10 
 Depressed sternum, 14 
 Deformed spine, 55 
 Defective condition of the superior extremities from malforma- 
 tion, contractions, mutilations, ganglions, &c. 90 
 Deformed pelvis, - - 7 
 ( both sides, 1 
 Hernia, inguinal < right side, 14 
 (leftside, 17 
 ventral, - - - - - - 44
 
 NOTES AND ILLUSTRATIONS. 55 
 
 Hernia, umbilical, - - ,-'/. 6 
 
 Laxity or enlargement of both rings, - 19 
 
 of the right, 6 
 
 of the left, - 56 
 
 Varicose condition of the veins of the left spermatic cord, 46 
 
 Right spermatic process unusually large, - 3 
 
 Left testicle strangulated in the ring, 1 
 
 Hydrocele, - ... 8 
 
 An unusually large state of both testicles, 3 
 
 of the right, - 3 
 
 of the left, 10 
 
 Defective condition of the inferior extremities from malforma- 
 tions, nodes, exostosis, mutilations, misplaced toes, gan- 
 glions, &c., - 155 
 Varicose veins of both legs, 35 
 
 of the left leg, - 71 
 
 of the right leg, - 64 
 
 Ulcers, cicatrices of ulcers, wounds, &c. - > ,-. 138 
 
 Old fractures, - 18 
 
 Tumours, - 7 
 
 Flatness of the soles of the feel, - 34 
 
 Traces of corporal punishment, - 36 
 Men who have been in the army, but who refused to show their 
 
 discharge, 3 
 
 Town recruits, 
 Country recruits, 
 
 Total, 
 
 -. 
 
 : -,,. 1390 
 
 Abstract. 
 
 
 
 Inspected. Approved. 
 3315 2226 
 
 Rejected. 
 1089 
 
 Per cent, rejected. 
 32.8 
 
 2914 2613 
 
 301 
 
 10.3 
 
 Total, 6229 4839 1390 22.3 
 
 (Signed) H. MARSHALL, 
 
 Slaff-Surgeon. 
 
 According to the above abstract, it appears that 32.8 per cent, of 
 the town recruits, or first inspections, were rejected, and 10.3 per 
 cent, of the country recruits, or second inspections. 
 
 Of the 2914 country recruits who had been examined and ap- 
 proved in the country before they arrived at the depot, 585 were 
 deemed ineligible for the service, of which number 20 were found 
 unfit and discharged by the inspecting field-officer, 284 were found 
 fit and 281 unfit by medical boards, the total finally unfit being 
 301, or 10.3 per cent. 
 
 Return of recruits inspected at the recruiting depot, Dublin, from 
 25th December 1825, till the 24th December 1826.
 
 56 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 Approved 3.243 
 
 Rejected 775 
 
 Total inspected 4018 
 
 Causes of Rejection. 
 
 Unsound health, 
 
 Weak intellect. 
 
 Traces of scrofula, 
 
 Muscular tenuity, 
 
 Chronic cuticular affections, 
 
 Traces of tinea capitis, 
 
 Ophthalmia tarsi, 
 
 Obscurity of the cornea, 
 
 Specks on the cornea, 
 
 Closed pupil, 
 
 Amaurosis, 
 
 Cataract, 
 
 Puriform discharge from the ears, 
 
 Deafness, - 2 
 
 Loss of teeth, 
 
 Impediment of speech, 
 
 Enlarged tonsils, 
 
 Narrow chest, sternum in some cases protruded, 
 
 Contraction of the chest, 2 
 
 Defective condition of the superior extremities, on account of old 
 
 fractures, contractions, mutilations, extenuation, &c. 
 Projecting scapulae, 
 Deformed spine, 
 Deformed pelvis, 
 Hernia, inguinal, both sides, 
 
 right side, 
 
 left 
 
 ventral, - 
 
 umbilical, 
 
 Laxity of both rings, 
 
 right ring, 
 
 left ring, 
 
 Spermatic cord, right side thickened, 
 
 Varicose veins, left spermatic cord, 18 
 
 Rigfht testicle strangulated in the ring, 
 Both testicles unusually large, 
 Right testicle unusually large, 
 Left testicle unusually large, 
 Hydrocele, both testicles, 
 - right testicle, 
 
 left ditto, 
 
 Gonorrhoea, 
 
 Syphilis primitiva, - - 17
 
 NOTES AND ILLUSTRATIONS. 57 
 
 Syphilis consecutiva, - 2 
 Defective condition of the inferior extremities on account of old 
 fractures, malformation, extenuation, nodes, misplaced toes, 
 
 supernumerary toes, contractions, ganglions, &c. 86 
 
 Varicose veins, both legs, - > 13 
 
 of the right leg, - 47 
 
 of the left, - - 36 
 
 Ulcers, wounds, and old cicatrices, 66 
 
 Traces of issues, chiefly on the back of the neck, - 16 
 
 Traces of fracture of one or both of the clavicles - 17 
 
 Flatness of the soles of the feet - 16 
 
 Traces of corporal punishment on the back - 37 
 
 - on the breech - 2 
 
 An old soldier failed to show his discharge 1 
 
 Total 775 
 Abstract. 
 
 Inspected. Approved. Rejected. Per cent. Rejected. 
 
 Town Recruits 2347 1675 672 28.6 
 
 Country Recruits 1671 1568 102 6.1 
 
 Total 4018 3243 775 19.2 
 
 (Signed) H. MARSHALL, 
 
 Staff-Surgeon. 
 
 Return of Recruits inspected at the Recruiting Depot, Dublin, from 
 the 25th of December 1826, till the 24th of December 1827. 
 Approved, 2006 
 
 Rejected, 582 
 
 Total inspected, 2588 
 
 Causes of Rejection. 
 
 Unsound health ,v,-. 48 
 
 Discharged from the service on account of visceral disease 4 
 
 Weak intellect 5 
 
 Traces of scrofula 28 
 
 Muscular tenuity - ; . 28 
 
 Chronic cutaneous affections 10 
 
 Traces of tinea capitis 7 
 
 Wen on the head 1 
 
 Ophthalmia tarsi - 7 
 
 Obscurity of the cornea 11 
 
 Falling down of the eyelids 1 
 
 Specks on the cornea - 26 
 
 Fistula lachrymalis 1 
 
 Cataract - 12 
 
 Strabismus 3 
 
 Puriform discharge from the ears 2 
 
 Deafness ....... I
 
 58 MARSHALL ON THE ENLISTING OP SOLDIERS. 
 
 Loss of teeth 8 
 
 Impediment of speech 2 
 Transverse cicatrix on the front of the neck, supposed to be the 
 
 result of an attempt to commit suicide 2 
 Excessively large tonsils 1 
 Want of due capacity of the chest -, 4 
 Defective condition of the superior extremities on account of old 
 fractures, contractions, mutilations, extenuation, deformity, gan- 
 glions. &c. &c. 49 
 Fracture of one or both of the clavicles 
 Deformed spine 
 
 , , ( right side 7 
 
 Inguinal hernia, j ^ gide _ G 
 
 Ventral hernia 
 
 Laxity of the ring ) both sides 10 
 
 of the external > right side 
 
 oblique muscles, 3 left side 5 
 
 Varicose veins left spermatic cord - - 10 
 
 Left testicle strangulated in the ring 1 
 
 Both testicles unusually large 1 
 
 Left testicle enlarged - 3 
 
 Gonorrhoea 1 
 
 Hydrocele. both testicles 2 
 
 right 4 
 
 left - 5 
 
 Syphilis prirnitiva - 5 
 
 consecutiva 3 
 
 Defective condition of the inferior extremities from old fractures, 
 
 malformation, extenuation, enlargement, disproportioned length, 
 
 bunions, ganglions, &c. - 65 
 Varicose veins of both legs 7 
 of the right - 28 
 
 of the left 39 
 
 Ulcers, wounds, or cicatrices of injuries 48 
 
 Traces of issues, chiefly on the back of the neck ( .) 
 
 Flatness of the soles of the feet IG 
 
 Traces of corporal punishment on the back 23 
 
 Mark of the letter D under the left arm-pit - 1 
 
 Total, 582 
 
 Abstract. 
 
 Recruits. Inspected. Approved. Rejected. Per cent. Rejected. 
 
 Town Recruits 1778 1253 525 29.6 
 
 Country Recruits 810 753 57 7.09 
 
 Total, 2588 2006 582 22.5 
 
 (Signed,) H. MARSHALL, 
 
 Stqff-SurgeoHi
 
 NOTES AND ILLUSTRATIONS. 59 
 
 Return of Recruits inspected at the recruiting depot, Dublin, from 
 25th December 1827, to 24th December 1828. 
 
 Approved, 829 
 
 Rejected 285 
 
 Total inspected, 1114 
 
 Causes of Rejection. 
 
 Unsound health - 25 
 Weak intellect - I 
 Traces of scrofula - 11 
 Muscular tenuity 38 
 Chronic cutaneous affections 3 
 Traces of tinea capitis - 2 
 Baldness . -,, 1 
 Obscurity of the cornea 3 
 Falling down of one of the eyelids - .. 1 
 Specks of the cornea 2 
 Cataract ] 
 Amaurosis 1 
 Loss of teeth 5 
 Impediment of speech - 2 
 Loss of the soft palate 1 
 Want of due capacity of the chest, 7 
 Defective condition of the superior extremities, on account of old 
 fractures, contractions, mutilations, extenuation, deformity, gan- 
 glions, &c. - 14 
 Deformed spine 10 
 Hernia, inguinal, right side 8 
 left side - 1 
 
 Laxity of the ring of the oblique muscles, \ , ^ } ?} es ' _ 
 
 Varicose veins left spermatic cord 6 
 
 Right testicle strangulated in the ring - 2 
 
 Left testicle enlarged 1 
 
 Right do. do. 3 
 
 Gonorrho3a 1 
 
 Hydrocele right testicle 1 
 
 left do. - 4 
 
 Syphilis primitiva 4 
 Defective condition of the inferior extremities from old fractures. 
 
 malformation, extenuation, enlargement, bunions, ganglions, 
 
 &c. 
 
 Varicose veins, both legs 3 
 
 right leg - 15 
 
 - left leg 12 
 
 Ulcers, wounds, or old cicatrices - - 19 
 
 Traces of issues chiefly on the back of the neck 5
 
 60 
 
 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 Flatness of the soles of the feet - 21 
 
 Traces of corporal punishment on the back 9 
 
 Total, 285 
 
 Abstract. 
 
 Examined. Approved. Rejected. Per cent. Rejected. 
 Town Recruits, 841 570 271 32.2 
 
 Country do. 273 259 14 5.1 
 
 Total, 1114 829 285 25.5 
 
 (Signed) H. MARSHALL, 
 
 Staff- Su rgeon. 
 
 Abstract of the preceding returns for four years. 
 
 Ratio per 
 Inspected. Approved. Rejected, cent, rejected 
 
 Town Recruits, 8281 5724 2557 31 
 
 Country Recruits, 5660 5193 475 8.7 
 
 13,949 10,917 3032 21.8 
 
 This abstract shows, that, for a period of four years, 31 per cent, 
 of the town recruits (first inspections,) examined at the Dublin 
 depot, were found unfit for the army ; and 8.7 per cent, of the coun- 
 try recruits (second inspections), the mean being 21.8. But it is 
 obvious that this abstract does not comprehend the men rejected at 
 first inspection in the country.
 
 NOTES AND ILLUSTRATIONS. 
 
 61 
 
 NOTE VII. 
 Town and Country Recruits. 
 
 Table showing the relative proportion of Town and Country Re- 
 cruits rejected at the head-quarters of the Dublin, Edinburgh, 
 and London Districts, during the following periods : 
 
 DDBLIN. 
 Town Recruits. 
 No. examined. 
 Of these rejec. 
 Cent, ratio rej. 
 Country Recr'ts. 
 No. examined. 
 Of these rejec. 
 Cent, ratio rej. 
 
 EDINBURGH. 
 
 Town Recruits. 
 No. examined. 
 Of these rejec. 
 Cent, ratio rej. 
 Country Recr'ts. 
 No. examined. 
 Of these rejec. 
 Cent, ratio rej. 
 
 LONDON. 
 Town Recruits. 
 No. examined. 
 Of these rejec. 
 Cent, ratio rej. 
 Country Recr'ls. 
 No. examined. 
 Of these rejec. 
 Cent, ratio rej. 
 
 1826 
 
 1827 
 
 1828 
 
 1829 
 
 1830 
 
 1831 
 
 1832 
 
 1833 
 
 1834 
 
 1835 
 
 1836 
 15m. 
 
 1837 
 
 2347 
 672 
 28.6 
 
 1671 
 103 
 6.2 
 
 1778 
 52 
 29.5 
 
 810 
 57 
 
 7. 
 
 841 
 271 
 32.2 
 
 273 
 14 
 5.1 
 
 731 
 310 
 42.4 
 
 92 
 9 
 9.8 
 
 648 
 413 
 63.7 
 
 54 
 7 
 12.3 
 
 721 
 415 
 57.3 
 
 682 
 88 
 12.9 
 
 572 
 325 
 
 56.8 
 
 266 
 63 
 23.7 
 
 695 
 397 
 59,1 
 
 356 
 97 
 27.2 
 
 494 
 215 
 43.5 
 
 73 
 
 8 
 19.6 
 
 1363 
 463 
 34. 
 
 375 
 79 
 21.1 
 
 413 
 296 
 71.7 
 
 177 
 41 
 23.2 
 
 373 
 211 
 56.5 
 
 32 
 
 2 
 6.2 
 
 1479 
 614 
 45.1 
 
 219 
 48 
 21.9 
 
 376 
 
 208 
 55.3 
 
 193 
 34 
 17.6 
 
 390 
 189 
 48.5 
 
 107 
 17 
 15.9 
 
 1764 
 677 
 38.4 
 
 325 
 70 
 21.6 
 
 691 
 281 
 40.7 
 
 449 
 48 
 10.7 
 
 442 
 216 
 48.9 
 
 121 
 18 
 14.9 
 
 2972 
 1069 
 36. 
 
 691 
 108 
 15.6 
 
 957 
 445 
 46.5 
 
 571 
 132 
 23.1 
 
 563 
 265 
 57.1 
 
 51 
 7 
 13.7 
 
 3086 
 1305 
 42.2 
 
 789 
 139 
 17.6 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 By this table it appears that the range of the rejections of town 
 recruits in Dublin extends from 28.6 to 71.7, being a difference of 
 43 per cent. ; and of the country recruits from 5.1 to 27.2, showing 
 a difference of 22 per cent. 
 
 7 f 
 
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 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 
 
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 NOTES AND ILLUSTRATIONS. 63 
 
 From this statement, it appears that the range of the ratio of re- 
 jections among 1 the different depots has been from 9.9 per cent, in 
 Newry, to 59.8 per cent, in Dublin, being a difference of about 50 
 per cent.; and at the same depot, from 19.2 per cent, in Dublin in 
 1826, to 59.8 in 1830, showing a difference of about 41 per cent. 
 A considerable addition may be made to the ratio of rejections in 
 each district, for the purpose of comprehending the recruits rejected 
 i first inspections at dependent stations, (country recruits,) conse- 
 quently, it will appear that, in a number of districts, from 40 to 
 60 per cent., or I out of 2 of the recruits for the army are rejected 
 upon medical examination. But another circumstance requires to 
 be mentioned, namely, that when a high ratio of recruits is rejected, 
 recruiting parties become very fastidious in regard to the men they 
 enlist, lest they may lose by the transaction, and no doubt they re- 
 fuse to enlist persons whom they fear may be found unfit upon 
 examination. Recruiting parties are excited by the same motive 
 which impels persons in civil life to active exertions a little money. 
 The object of recruiting parties is to enlist men who will be ap- 
 proved, by which means they obtain their remuneration. On an 
 average, a recruiting party loses from about 2s. 6d. to 3s., by every 
 recruit who is found unfit for the service, a sum which is fre- 
 quently considered (oo heavy a stake to risk upon a recruit. 
 
 The subdivisional officers employed on the recruiting service, or 
 the Serjeants of parties, approve of all recruits in regard to their 
 age, height, and general appearance,, before they are submitted to a 
 medical examination; consequently, it may be supposed that the 
 recruits who are brought forward for examination in the different 
 districts, or at the different depots, are nearly equal, in as far as 
 efficiency for military duty is concerned. Upon this assumption it 
 will therefore appear, that the difference of the ratio of rejections 
 in different stations, or in different years, depends on the judgment 
 of medical officers, and the opinions they entertain respecting the 
 efficiency or the inefficiency of recruits. It would be no small 
 benefit to the recruiting of the army and to the public, if the views 
 of medical officers were somewhat more uniform on this subject 
 than they appear to be. Widely discordant conclusions in regard 
 to recruits are calculated to convey an opinion that the examination 
 they undergo is not regulated by fixed principles, but that the deci- 
 sion regarding their fitness or unfitness is, in some measure, a ques- 
 tion of fancy, rather than the result of a knowledge of the anatomy 
 and physiology of the human frame, and an intimate acquaintance 
 with the duties, disabilities, and diseases of soldiers.
 
 64 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 PART II. 
 
 ON THE DISCHARGING OF DISABLED SOLDIERS. 
 
 GENERAL ORDER. 
 
 Horse Guards, 1st January, 1830. 
 
 His Majesty having been pleased, by his royal warrant bearing 
 date 14th November, 1829, to authorise certain alterations in the 
 mode of discharging soldiers, the general commanding-in-chief 
 deems it proper to issue the following orders to the army in conse- 
 quence. 
 
 1. Non-commissioned officers or private soldiers are not to be 
 discharged without the authority of the general commanding-in- 
 chief, signified through the adjutant-general. 
 
 2. Previously to any soldier being proposed for discharge on ac- 
 count ofunfitness for service, the commanding officer of the corps 
 is to make a full report of the case to the general officer, under 
 whose orders he is stationed, that he may personally inspect the 
 man, assisted by the superior medical officer under his command ; 
 and if his opinion coincide with that of the commanding officer and 
 the regimental surgeon, he is to certify the same at the bottom of a 
 return prepared according to the annexed form (No. 1.) which re- 
 turn is then to be transmitted direct to the adjutant general by the 
 commanding officer, for the purpose of being laid before the general 
 commanding-in-chief, whose instructions relative to the disposal of 
 the man will be communicated to the commanding officer. 
 
 3. If the regiment be stationed in Ireland, the return is to be trans- 
 mitted to the deputy adjutant general in Dublin, for the purpose of 
 being laid before the general officer commanding the forces in that 
 part of the United Kingdom. 
 
 4. Before a soldier is henceforward permitted to leave the corps 
 to which he belongs, preparatory to his removal from the service 
 under any circumstances whatever, whether of unfitness for duty, 
 or at his own request, a regimental board must be assembled, to in- 
 vestigate, verify, and record, the following particulars, viz. 
 
 1st. His services : 
 
 2d. His disability : 
 
 3d. His character : 
 
 4th. His accounts and claims :
 
 GENERAL ORDER, 1830. 65 
 
 according to the mode prescribed in the regulations annexed to his 
 majesty's warrant before-mentioned. The board is to be composed 
 of three officers, viz. the major of the regiment, or the second in 
 command, as president, and two captains as members. 
 
 5. From the proceedings of this board the discharge of the soldier, 
 according to the annexed form (No. 2.) is to be filled up, and when 
 signed by the president, and countersigned by the commanding 
 officer, is in every case to be transmitted, together with a duplicate 
 of the proceedings of the board, to the adjutant general. 
 
 6. Every soldier, on being finally discharged, is to be furnished 
 with a parchment certificate, according to the annexed form (No. 3.) 
 which must be confirmed in the adjutant general's department, be- 
 fore it is delivered to the man. 
 
 7. When soldiers are sent home from foreign stations for the pur- 
 pose of being discharged, the general or other officer commanding 
 will take care that the medical staff officers have had full opportu- 
 nity of investigating the cases, before the men are permitted to em- 
 bark. He will also take care that the same course with regard to 
 the previous assembling of a regimental board, and the preparation 
 of the prescribed documents, be pursued, and that the several dis- 
 charges, parchment certificates, and duplicates of the proceedings of 
 the board, be forwarded, carefully sealed up, to the commandant of 
 the invalid depot at Chatham, which place is the destination of all 
 invalids returning from foreign stations. 
 
 8. The serious evils which have resulted to the public, as well as 
 to individuals, from the very careless and incorrect manner in which 
 the regimental records have been kept, and discharges filled up, 
 having been fully ascertained and placed beyond question, by the 
 investigations recently instituted, and now in course of progress, 
 throughout the whole army, the general cotnmanding-in-chief 
 feels it incumbent upon him to require officers in command, and all 
 others concerned, to give the strictest attention to the preparation 
 of the documents now required, for the accuracy of which in every 
 respect they will be held personally responsible ; and Lord Hill 
 trusts that there will be no occasion or opportunity, in future, for 
 recurrence to measures which are painful to his feelings, in propor- 
 tion as they expose the misconduct of individuals, and reflect dis- 
 credit upon the army at large. 
 
 9. In cases where soldiers serving on foreign stations may be 
 desirous of being discharged on the spot, the general or other officer 
 commanding, shall, if he see fit, forward their applications to the 
 adjutant general, together with all the prescribed documents, in the 
 same manner as if the men were on their way home, on the receipt 
 of which documents the pleasure of the general commanding-in- 
 chief will be signified. 
 
 10. With regard to soldiers who may be allowed, under certain 
 conditions and limitations, to obtain their discharges at their own 
 request, according to tho scale laid down in Article 46 of the Pen- 
 sioning Regulations, 1829, the general command ing-in-chief desires
 
 66 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 that commanding officers in recommending individuals for this 
 indulgence, will be careful always to give the preference to men 
 according to the goodness of their character; a course which, if 
 steadily pursued, cannot fail to operate as a strong inducement to 
 good conduct. 
 
 11. In the cases of soldiers who are prepared to pay the regulated 
 compensation for their discharge, the mode of application now in 
 use may be continued ; but in the cases of men with length of ser- 
 vice giving them a claim to pension on that account, who may be 
 desirous of obtaining free discharges, with or without gratuity, com- 
 manding officers will allow a period of thirty days to intervene 
 between the receipt of the soldier's application and its transmission 
 to the adjutant general, in order to afford the man sufficient time to 
 reconsider the step he is about to take, and to withdraw his request, 
 if on mature deliberation it shall appear to him imprudent or unad- 
 visable. It will also be the duty of the commanding officer to assist 
 the man with the best information and advice in his power on so 
 important a point; and it is presumed that every commanding offi- 
 cer will discharge this duty with the utmost alacrity, and in the 
 rr.ost conscientious manner. 
 
 12. His majesty having been graciously pleased to authorise the 
 general commanding-in-chief to exercise his discretion as to the 
 extent of this indulgence which is to be granted, Lord Hill will be 
 inclined to give it the utmost limits which may appear to him con- 
 sistent with a due regard to the welfare of the service at large, and 
 the particular circumstances and situation of the corps, from which 
 the applications are made: and commanding officers are to keep a 
 record, according to the order of date, of all applications which may 
 be made to them for discharges, stating distinctly and fully in each the 
 character and claims of the individual; a copy of which record shall 
 be transmitted to the adjutant general at the termination of each 
 half year, for the information and guidance of the general com- 
 manding-in-chief, with reference to any applications which may 
 be addressed direct to head-quarters. 
 
 The general commanding-in-chief thinks it unnecessary further 
 to enlarge the present orders, especially as the instructions issued 
 from the war-office touching the financial bearings of the measure 
 in question are so detailed; and his lordship requires a diligent 
 perusal of these instructions, and a strict observance of them, from 
 officers in command, and from all others in any way connected with 
 the interior economy and discipline of regiments. 
 
 By command of the Right Honourable 
 The General Commanding-in Chief, 
 
 HERBERT TAYLOR, 
 
 Adjutant General.
 
 GENERAL ORDER, 1830. 
 
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 70 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 Form, No. 2, continued. 
 
 SERVED. Two years in the East Indies, two years in the 
 
 West Indies, six at Gibraltar, two in the Peninsula, 
 the remainder at home. Wounded in the leg at 
 Waterloo; present at the siege of Bhurtpore ; dis- 
 tinguished himself at the storming of the place. 
 
 2d. According to the surgeon's report annexed, it 
 
 DISABILITY, appears that this is a case of disease or disability, 
 
 or cause of contracted on duty ; without being attributable to 
 
 Discharge. neglect, design, vice, or intemperance ; and the 
 
 regimental board approves of the opinion of the 
 
 surgeon ; as it is shown by the proceedings of the 
 
 board hereto annexed. 
 
 Or, is a case of disease originating in constitu- 
 tional infirmity, or in misconduct, and not con- 
 tracled by the exigencies of the service. 
 
 Or, by purchasing his discharge for 
 
 Or by receiving a gratuity of and 
 
 a free discharge. 
 
 3d. The regimental board is of opinion, that his 
 
 CHARACTER, general conduct has been that of a good and effi- 
 cient soldier, seldom in the hospital, trustworthy 
 and sober. 
 
 Or think his character and conduct have been 
 bad, for the reasons set forth in the proceedings of 
 the board. 
 
 4lh. He has received all just demands from his 
 
 PAY and entry into the service, up to the 30th September, 
 CLOTHING. 1829. 
 
 I THOMAS ATKINS, <fcc. 
 Certified Captain. 
 
 I certify that the foregoing statements are correct 
 extracts from the regimental records, and the pro- 
 ceedings of the regimental board. 
 
 Major, and President. 
 Confirmed by me, 
 
 Lieutenant- Colonel Commanding.
 
 GENERAL ORDER. 1830. 
 
 Form. No. 2, continued. 
 
 OPINION. Of the principal medical officer, at 
 
 December 4th, 1829. 
 
 After a treatment of one month in the general 
 hospital, 1 arn of opinion that Thomas Alkins is 
 unfit for service, and likely to be permanently 
 disqualified for military duty, and 1 approve of 
 the opinion of the surgeon. 
 
 Or, I am of opinion that the soldier is capable 
 of further service, <fcc. &c. 
 
 Horse Guards, 
 
 Order Serjeant Thomas Atkins to appear per- 
 sonally before the commissioners of Chelsea hos- 
 pital, or 
 
 By order of the general 
 
 commanding-in-chief, the discharge of Thomas 
 Atkins is confirmed. 
 
 DECISION. The commissioners award Thomas Atkins to 
 receive a pension of a day com- 
 
 mencing 
 
 Secretary, or Chief Clerk. 
 
 DESCRIPTION of Thomas Atkins, at the time of his discharge. 
 He is 40 years of age, 5 feet 10 inches in height, 
 Cbald ) 
 
 < or S hair, grey eyes, sallow complexion. 
 ( light } 
 By trade a labourer. 
 
 He has a scar or mark on his left hand. 
 
 When he left the regiment, Thomas William- 
 son was the pay-serjeant of his company. 
 
 MARCHING 
 ALLOWANCE. 
 
 Thomas Atkins received from pay-master 
 at Chatham, on the 14th December, 
 1829, ten days' marching allowance, to carry 
 him to Coventry, the place of his enlist- 
 
 ment, or to 
 
 the port at which he is to embark on the way to 
 the place of his enlistment. 
 
 THOMAS ATKINS.
 
 72 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 Form, No. 3, 
 PARCHMENT CERTIFICATE. 
 
 5th Regiment of Foot. 
 
 These are to certify that Thomas Atkins, serjeant, born in the 
 parish of St. Mary, in or near the town of Portsmouth, in the coun- 
 ty of Hants, was enlisted at Coventry, for the aforesaid corps, on the 
 6th May, 1806, at the age of 17 years. That he has served in the 
 army for twenty-six years, and five months. Was a corporal six 
 years, a serjeant ten years; was in the West Indies four years, and 
 in the East Indies five years. That he is discharged in conse- 
 quence of being unfit for further service, and has been granted a 
 pension. 
 
 Signed Commanding Officer. 
 
 Dated at Manchester, 30th September, 1829. 
 
 Horse Guards. 
 Discharge of Serjeant Thomas Atkins confirmed. 
 
 CHARACTER. 
 
 Thomas Atkins has been a well-conducted soldier ; was wounded 
 at , and has distinguished himself by several acts 
 
 of bravery ; and, in consequence of his long and meritorious ser- 
 vice, he has received a special gratuity of , in addition to 
 the pension to which he is entitled. 
 
 Signed Commanding- Officer. 
 
 The soldier's character is to be inserted only when recommenda- 
 tory; if the general conduct of a soldier, whilst in the service, has 
 been such as to give him no claim to have any thing said in his 
 favour, the space for character in the above certificate is to be cut 
 off close under the black line following the confirmation of the dis- 
 charge, thereby leaving no opportunity for any addition to be made 
 after the certificate is given to the man. 
 
 When a soldier is discharged on account of disgraceful conduct, 
 that will appear in the body of the certificate. 
 
 ON THE DUTY OF DISCHARGING DISABLED SOLDIERS. 
 
 The preceding general order was issued from the Horse Guards, 
 for the purpose of carrying into operation the <{ regulations for pen- 
 sioning soldiers," promulgated in a warrant, bearing date 14th 
 November, 1829. The same order is also calculated to carry into 
 effect the provisions of the warrant of 1833 and subsequent war-
 
 DISCHARGING OP SOLDIERS. 73 
 
 rants. The duty of medical officers, in the discharging of soldiers, 
 is more especially comprehended in the second and seventh arti- 
 cles of the order, as they have a principal reference to the dis- 
 charging of men for disability, or, as it is expressed in the order, 
 " unfitness for service." As soldiers engaged to serve " until they 
 shall be legally discharged," they have no claim as a matter of right 
 to be relieved from their engagement, after any period of service, 
 and indeed, comparatively, lew men are discharged, except "on 
 account of incapacity for further service." " A soldier is not to be 
 discharged on account of disability, unless the existence thereof is 
 satisfactorily ascertained, and the infirmity is calculated to render 
 the man permanently unfit for military service" (War-Office 
 Memorandum, 30th July, 1830.) Soldiers should not be brought 
 forward for discharge on account of doubtful, trivial, or temporary 
 disabilities ; for although men of this class may not be finally 
 recommended to be discharged by a medical staff-officer, they are 
 apt to presume on the sanction of a regimental medical officer, and 
 to make more of a slight infirmity than it really deserves. " The 
 commanding officer and regimental medical officer having deter- 
 mined that a case is proper to be brought forward for discharge, the 
 latter will draw up an abstract of the history of the disease in clear 
 terms, so as to enable the military authorities to understand the 
 nature and the degree of the disability." ( War-Office Memoran- 
 dum.) This abstract is to be delivered to the general officer of the 
 district, who will in all practicable cases inspect the man, assisted 
 by the principal medical staff-officer under his command; and 
 should he deem the case to be a proper one for discharge, a report 
 is to be prepared as prescribed by the general order of the 1st Janu- 
 ary, 1830, and forwarded to the adjutant-general or the lieutenant- 
 general commanding in Ireland, as the case may be. If the case 
 appear to the commander-in chief, according to the report made, to 
 be one for discharge and pension, the soldier will be ordered to the 
 invalid depot at Chatham, or to the general hospital in Dublin. 
 ( War-Office Memorandum.) Whenever a soldier is ordered to 
 the invalid depot, Chatham, or to the general hospital, Dublin, the 
 medical officer who had him in charge is to transmit to the prin- 
 cipal medical officer of the respective establishments, a particular 
 account of the man's case, for the purpose of eventually enabling 
 the commissioners of Chelsea hospital to decide upon his claim for 
 pension. In drawing up an account of the disabilities of men sent 
 to Chatham or Dublin, reference should be had to the circular let- 
 ters from the army medical department, bearing date 22d January, 
 and 30th July, 1830, and the 14th September, 1837, in which the 
 director-general has requested the following points to be more espe- 
 cially noticed, viz. the name, age, length of service of each man, 
 the origin, nature, and history of his disability, together with an 
 account of the time he has been in hospital, and how far the alleged 
 in6rmity disqualifies him for service in the army. 
 
 An abstract of the information contained in the report of each 
 case is to be inserted in the man's discharge by the military and
 
 74 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 medical authorities in Chatham or Dublin. On the day appointed 
 for the commissioners to hold a board at Chelsea or Kilrnainham, 
 the principal medical officer, or the staff-surgeon, who has had the 
 soldier in question under his care at the general hospital, will at- 
 tend with an abstract of his professional observations on each man's 
 case, when the board will decide upon his claim to pension (vide 
 Pensioning Regulations, 1829, No. 52.) It does not appear, by 
 the official documents which have been issued on the subject of 
 discharging disabled soldiers, that either regimental or staff medical 
 officers are directed to classify the disabilities which confer a claim 
 for pension ; that important duty seems to be executed by the com- 
 missioners of Chelsea hospital. In France a different plan is fol- 
 lowed, for, by an ordonnance of 1831, the medical officers employed 
 on the duty of inspecting disabled soldiers are instructed to classify 
 the disabilities which arise from wounds and other infirmities occa- 
 sioned by military service, and which confer a claim for a pension, 
 under six heads or degrees, and according to this classification the 
 amount of pension is awarded. 
 
 ON THE EXAMINATION OF ALLEGED INEFFICIENT SOLDIERS. 
 
 The duty of proposing and recommending soldiers to be dis- 
 charged on account of disabilities belongs primarily to regimental 
 medical officers, (Circular from the medicul department, 30//i July, 
 1830,) who are instructed to furnish the medical staff officer who 
 may be appointed to examine them, with an account of the cause 
 and degree of each man's disability. Soldiers proposed for dis- 
 charge in Scotland are examined at the head-quarters of the respec- 
 tive regiments and reserve companies by a surgeon to the forces; 
 but in England, they are usually transferred to the invalid depot, 
 Chatham; and. in Ireland, to the general hospital, Dublin, without 
 such previous examination. Pensioning Regulations, 1829, arti- 
 cle, No. 52.) 
 
 A regimental medical officer should exercise great caution in 
 proposing soldiers for discharge on account, of unfitness for the 
 service, especially in regard to doubtful, trivial, or temporary dis- 
 abilities. By close attention, he may, in general, be able to gain a 
 tolerably correct opinion of a man's case, from his knowledge of 
 the previous character, habits, constitution, manner, and former 
 complaints ; and whether the alleged disability be, in a greater 
 or less degree, feigned, as well as whether the disease may be con- 
 sidered incurable. Before a medical officer proposes a man to be 
 discharged, he should be able to reply affirmatively to the following 
 questions : 
 
 1. Does the alleged disability exist? 
 
 2. Does it disqualify the man in question for military duty ? 
 
 3. Is it incurable, or will it, in all probability, render the man 
 permanently unfit for the service? 
 
 By the warrant of 1806, every soldier had a legal right to a pen- 
 sion for life, who was discharged in consequence of being disabled
 
 DISCHARGING OF SOLDIERS* 75 
 
 and unfit for military duty ; and as long as the pensioning of dis- 
 abled soldiers was regulated by that warrant, and with little refer- 
 ence to length of service, the simulation of disabilities was much 
 practised in the army, A soldier had then two prizes in view if 
 discharged in consequence of unfitness for the service, viz. his 
 discharge, and an annuity for life; but by the warrant of 1829, 
 although he may obtain a discharge by successfully feigning a dis- 
 abling infirmity, he has no chance of being pensioned for life 
 without long 1 service. There is no better means of preventing 
 fraud than to take away every encouragement to commit it, and. 
 as fur as possible, to diminish the hope of practising it successfully. 
 But so long as soldiers presume that they can impose upon 
 officers, military and medical, and. that the result will be for their 
 advantage, so long will examples of imposition occasionally occur 
 in the army. 
 
 Every medical officer who may have to propose or to recommend 
 soldiers to be discharged on account of inefficiency, must be in a 
 great measure guided by his own professional skill, discretion, and 
 practical acquaintance with the duties of soldiers. He should inva- 
 riably pay due regard to the claims of soldiers, while he devotes the 
 requisite attention to the public interest. I most cordially agree 
 with Dr. Cheynein the following passage of his letter to Dr. Renny, 
 ( On the Feigned Diseases of Soldiers.) " The wiles of soldiers in 
 hospital will be with more certainty discovered by those who have 
 an accurate knowledge of disease, obtained by clinical observation 
 and pathological writings of authority, than by those possessing 
 natural sagacity in the highest degree, if unassisted by a habit of 
 carefully contemplating and studying disease." 
 
 Some diseases or disabilities, such as deafness or stammering, are 
 much more easily feigned than others, and, consequently, the im- 
 posture is more difficult to detect. In all diseases, of which the 
 symptoms are obscure, periodic, or intermitting, and uncertain, 
 much care should be taken not to come to a wrong conclusion. 
 " Melancholy instances have come to my knowledge where men 
 have died in making exertion above their strength, after having 
 been looked on and treated as malingerers, and others, where slow 
 decay and uncontrollable disease have carried them off." (On some 
 forms of Rheumatism prevailing in India, by Mr. Malcolmson, 
 Madras, 1835.) There are some real and not unimportant dis- 
 eases, which are not indicated by a change of the pulse, or by any 
 remarkable alteration of the colour or temperature of the body, or 
 by any evident derangement of its functions. There are also other 
 diseases which are capable of being simulated by the use of certain 
 drugs, or by external applications. An intimate knowledge of the 
 anatomy, physiology, and pathology of the human body, and of the 
 effects of the articles of the materia medica, is therefore essentially 
 requisite to prevent a medical officer from occasionally arriving at 
 false conclusions in obscure cases. 
 
 It is difficult for the simulator of a disease to give a consistent
 
 76 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 account of the origin and progress of his alleged infirmity. By a 
 little management on the part of a medical officer, an impostor will 
 commonly be led to enumerate incompatible symptoms, or greatly 
 to exaggerate unimportant lesions ; but it ought to be recollected, 
 that patients suffering under real disease are apt sometimes to fall 
 into a similar error. He is constantly prone to overact his part; 
 and, if carefully watched, it will frequently appear that he is invent- 
 ing symptoms, which is a much more difficult operation than 
 simply and frankly to state his feelings. Two soldiers were trans- 
 ferred from a regiment in Ireland to the general hospital, Dublin, 
 for the purpose of being discharged, in consequence of alleged 
 incurable disabilities. The designation of a disease was, as is usual 
 in like circumstances, affixed to each name; but the countenance 
 and general appearance of the men indicated little, if any, derange- 
 ment of the healthy functions of the body. The medical officer at 
 the general hospital made them stand up together, and requested 
 one of them to give an account of his complaint, which he did 
 very fully, being occasionally encouraged to enter minutely into 
 a detail of symptoms and feelings. By his account, it appeared 
 that he suffered more or less under disease from the crown of the 
 head to the sole of the foot. Not a word of observation indicative 
 of the incredulity of the medical officer was uttered in regard to 
 the man's statement. The other man was then asked, " What is 
 the matter with you ?" " The same as this man" was his reply. 
 The inference is obvious: he was evidently not prepared with a set 
 of symptoms, and, without perceiving the trap laid for him, he 
 instinctively availed himself of the ingenuity and talent of his fel- 
 low-impostor. They were sent back to the corps to which they 
 belonged ; but I have no doubt that each of them succeeded in 
 eventually " working- out" a discharge. 
 
 Harsh or arbitrary measures of any kind should never be adopted 
 by a medical officer in doubtful cases of alleged disease; neither 
 should he be stigmatised in severe terms with the character of 
 being a malingerer ; for, as Dr. Cheyne observes, such a method, 
 "although it may sometimes intimidate a raw soldier, will only 
 afford a stronger motive to the hardened knave for perseverance ; 
 and if the opinion thus rashly pronounced should prove erroneous, 
 the consequences may be very unhappy. the confidence of the 
 soldier in his surgeon will be destroyed, and the latter will be sub- 
 jected to the just displeasure of his military superior." Mild, firm, 
 and in other respects judicious treatment, deprive a man of hope, 
 which is perhaps the most effectual means of inducing a malingerer 
 to return to his duty. Medical evidence in regard to the existence 
 and disabling consequences of disease is, in many cases, merely pre- 
 sumptive ; and very rarely, indeed, does it amount to absolute 
 certainty. Mistakes have happened diseases, which were at first 
 supposed to be feigned, have eventually proved genuine and, con- 
 sequently, however much appearances may be against an indi- 
 vidual, it is prudent, and highly expedient, to proceed regularly,
 
 DISCHARGING OF SOLDIERS. 77 
 
 deliberately, and patiently, in every case. Medical officers are not 
 warranted in employing any means which would be inapplicable to 
 a genuine case of disease. This observation applies not only to 
 coercive or penal measures, but even to irritating applications, 
 nauseating medicines f and spare diet. Whenever there is any 
 doubt, in regard to the existence or permanently disabling degree 
 of an infirmity, the safe plan is to keep the man in hospital, for the 
 purpose of prolonged professional treatment, and longer if not more 
 careful investigation. It may also be observed, that a man who has 
 been in hospital for an alleged disability of a doubtful character, 
 should invariably be afforded an opportunity of giving in (in other 
 words, of apparently recovering) without taking him much to task 
 for his conduct; or, in the language of the hospital, he should be 
 let down softly. Unless when absolutely necessary, no suspected 
 case should be transferred from a regimental hospital (where the 
 man is known) to a general hospital. The reasons are so obvious 
 as not to require a detailed illustration. Malingerers are more fre- 
 quently instructed in the art of imposture in general hospitals, than 
 detected and rendered useful soldiers; for there every new comer, 
 if his natural disposition harmonises with that kind of instruction, 
 is corrupted by the information he receives in regard to the various 
 modes of imposition. 
 
 A disposition to malinger and to feign disease is one of the most 
 disqualifying disabilities with which a soldier can be afflicted. 
 An old soldier who attempts to simulate a defect, and persists in his 
 plan of imposition for a little time, is frequently lost to the service, 
 notwithstanding the adoption of every means to bring him to a pro- 
 per sense of duty. Recruitsand young soldiers are more frequently 
 reclairnable. Old soldiers, who prosecute their schemes with art 
 who possess great fortitude, and an inflexible resolution will, I 
 believe, commonly succeed in obtaining their discharge, either by 
 making falsehood appear to be more probable than truth, or perhaps 
 more frequently, by exhausting the patience of medical and com- 
 manding officers. It is only after some experience that a medical 
 officer is aware of the difficulties he has to encounter in his endea- 
 vours to reform persevering malingerers. Let him be ever ^o 
 assiduous, and adopt the most judicious measures for the recovery 
 of simulators, who suffer under some real, although only trifling: 
 cause of inability, he will frequently find his measures rendered 
 nugatory by their unwillingness to be restored to the ranks, and the 
 pains they take to retard convalescence. He will also find himself 
 much perplexed how to act, for the purpose of rectifying the menial 
 aberration, or moral obliquity, of some schemers, whose disabilities 
 are merely pretended. Impostors often display a spirit of invention, 
 and an art in concealing fraud, which could not have been antici- 
 pated. The mind, by becoming concentrated on one object, appears 
 to acquire new powers; so that persons with naturally weak intel- 
 lects have evinced a tact and dexterity in the prosecution of a design 
 far beyond what their general conduct would have warranted us in 
 7 g G mar
 
 78 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 assuming. In coming to a conclusion with regard to the measures 
 which should be adopted with a malingerer, commanding officers 
 have frequently only the choice of two evils; to recommend his 
 discharge, or to retain him in the service, with scarcely any pros- 
 pect of his being a useful soldier. When an impostor is discharged, 
 he almost invariably throws off the mask abruptly, and boasts of 
 the success of his artifice, thereby giving a bad example to his 
 comrades, and one which may be influential in exciting them to 
 imitation. A malingerer, if retained in the service, is likewise 
 iiable to injure the morals and discipline of a corps. Many a simu- 
 lator will hold out not only for several months, but for a number of 
 years, probably passing his time chiefly in hospitals; and during 
 all this period the contagion of bad example is in operation, by 
 which influence individuals, who would have continued to be good 
 soldiers, have been seduced from the strict path of duty, and induced 
 to feign disabilities, and to persist in schemes of fraud, with the 
 most inflexible endurance. 
 
 When a malingerer has, by mild and judicious measures, been 
 induced to give in, I consider the circumstance of some importance 
 to the service. Owing to the frequent intercourse which exists 
 among soldiers, the event becomes often extensively known ; hence, 
 a useful warning is afforded, by which means individuals, who may 
 be disposed to simulate disabilities, are deterred from making an 
 attempt to do so. On the other hand, when a schemer succeeds, 
 hope is excited, and his example may be extensively imitated. In 
 a great many instances, I believe, the inmates of an hospital are 
 aware when their comrades are malingering, although they very 
 rarely, indeed almost never, give the medical officer a hint on the 
 subject. An informer, when discovered, becomes an object of 
 universal detestation ; and hence, one cause of the difficulty of 
 accurately ascertaining the various methods of simulating disease. 
 In all cases respecting which a medical officer finds some difficulty 
 in making up his mind, patience and attention are strongly indi- 
 cated ; and when a soldier is presumed to be a persevering malin- 
 gerer, it is, in general, bad policy to recommend him to be 
 discharged, under the idea, that, as he is not likely to become useful 
 in the ranks, the service would be benefited by getting rid of him ; 
 or to promote his views, by assigning, as a reason for discharging 
 him, some possible or imaginary physical infirmity, when the 
 real cause for wishing to discharge him is his unwillingness to do 
 his duty. Similar reasons may be urged with regard to the pro- 
 priety of exercising much care, not to send a malingerer home from 
 a foreign station, such as India, on account of infirm health. The 
 mere circumstance of a man having been so transferred at the 
 recommendation of medical officers, is calculated to excite a pre- 
 sumption that he had suffered under some serious cause of disability, 
 although no well-marked trace of any important disease may be 
 recognised on his arrival in this country; and persons of the stamp 
 alluded to never fail to adduce this fact in their favour most forcibly;
 
 DISCHARGING OF SOLDIERS. V9 
 
 indeed, they commonly seem to consider it alone as an incontestible 
 proof that they ought to be discharged, either with or without a 
 pension. This kind of evidence is sometimes difficult to set aside, 
 although it certainly does not always produce conviction. 
 
 Many a soldier is admitted on the sick list on account of some 
 complaint which requires medical treatment, who, during the period 
 of convalescence, becomes in love with the ease and comfort of the 
 hospital establishment, and evinces no disposition to return to his 
 duty. His first intention as a schemer may be merely to evade 
 duty; but, by degrees, his views extend to an endeavour to get his 
 discharge, and, if possible, with a pension, "on account of disability 
 contracted in the service." Whenever a convalescent begins to 
 think himself somewhat comfortable in hospital, he is in a fair way 
 of becoming a malingerer. " The least evil that can happen by 
 soldiers remaining too long in hospital, is, that they will contract a 
 slothful, lazy, idle habit, and turn, according to the military phrase, 
 malingerers, that is, men who have lost all spirit to the service, 
 and feign themselves sick when there is a prospect of action, or that 
 they are to undergo any great hardship or fatigue, in order to be 
 sent to the hospital ; which life, through habit, becomes agreeable to 
 them." (Eland's Military Discipline, 1727.) 
 
 The simulation of infirmities for the purpose of being discharged 
 from the service, is not confined to privates, or to morally vicious 
 and irregularly conducted soldiers. Non-commissioned officers, and 
 men of good character, occasionally feign disabilities, as well as 
 young soldiers and alleged incorrigible offenders. Many well- 
 conducted Serjeants are extremely anxious to be discharged when 
 they have completed twenty-one years' service, more especially 
 when they have some prospect of a suitable employment in civil 
 life. Not long ago, a Serjeant of the 62d regiment, while it was 
 quartered in Ireland, purchased a pistol, and hired a man to shoot 
 him through the arm, probably hoping by this means to make it 
 believed that he had been fired at by some person disaffected to the 
 military, and that he would not only obtain his discharge, but also 
 a large pension. That well-conducted soldiers, whose names are 
 not to be found in the defaulter's book, sometimes adopt improper 
 means of obtaining their discharge, need not surprise us, when we 
 consider the circumstances which usually impel young lads to 
 enlist, and the interminable nature of their engagement. "A sol- 
 dier in the British army sees men in other situations, not always 
 his betters, rising to wealth, and affluence, and distinction around 
 him ; he feels that he is stationary for life, that his prospects cannot 
 mend." and that every attendant misery of poverty awaits him 
 when his health and strength are exhausted. Need we wonder, 
 therefore, that men so situated should frequently suffer under de- 
 pression of spirits, and consequently of impaired health, (home 
 sickness,) and that they should sometimes adopt improper means of 
 obtaining their liberty? Hope is as essential a requisite for promo- 
 ting good conduct as it is for attaining happiness. Tytler, in his
 
 80 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 Essay on Military Law, says, "If a soldier complains of the re- 
 straints of his vocation, he throws no impeachment on his profes- 
 sion, but arraigns himself of folly, who did not perceive that these 
 restraints are essential to its condition." This opinion is, no doubt, 
 theoretically true ; but the thraldom imposed by folly is not less 
 galling than the bondage occasioned by misery or congenital ser- 
 vitude. 
 
 2dly. Does the disability in question render a man unfit for 
 military duty ? This point frequently requires much consider- 
 ation, and every case will demand special investigation. The 
 conclusion in regard to each man must he decided by professional 
 knowledge, and practical experience of the duties of soldiers, of 
 their habits, their hopes, their wishes, and modes of thinking. 
 There are many degrees of loss of vision, varicose veins, hernia, 
 rheumatic pains, lameness from old fractures, mutilations, &c., 
 which do not disqualify a soldier for performing his duty, and which 
 will be little heard of by a medical officer, provided a soldier wishes 
 to serve, and has an object to gain by doing so. But if an old 
 soldier, who suffers under any disability, although in no very great 
 degree, wishes to obtain his discharge, he has only to complain, and 
 to persevere by "lying in" (becoming a patient in hospital) regu- 
 larly a few weeks before the periodical inspections, and eventually 
 he will attain his object. The constitution of an infantry soldier 
 may be good, and his health tolerably sound ; but if he has served 
 21 or 22 years, and is above 40 years of age, his strength has, in 
 some measure, passed away, by which means he is not able for the 
 active duties of the service. There are no invalid or garrison bat- 
 talions in the British army, to which partially inefficient men might 
 be transferred ; and consequently it will be necessary to discharge 
 them, as being more or less unfit for military duty. 
 
 3dly. Is the disease or disability incurable, and will it perma- 
 nently unfit a man for 'military duty ? This is a question which 
 in some cases requires much discretion and consideration. Few 
 diseases can be called absolutely incurable. Those which consist 
 in impaired action or disordered function of some organ of the 
 body, are considered incurable, when the morbid process is unsus- 
 ceptible of being modified by any treatment or remedy; when hu- 
 man interference appears to be unavailing: and when remedies 
 have been employed and persevered in, until, in all probability, 
 permanent recovery, so as to render a man fit for performing the 
 duty of a soldier, cannot be expected. In some diseases, more 
 especially in such anomalous disabilities as wandering pains, a 
 considerable time should elapse before recovery be deemed hopeless. 
 A great majority of the patients received int'~> military hospitals are 
 admitted during a period of life when the vital actions are ener- 
 getic, by which means recoveries are rapid ; and medical officers 
 are on that account apt to think that a patient whose disease is 
 unusually protracted suffers under an incurable malady. They have 
 not always sufficient confidence in the curative influence of a
 
 DISCHARGING OF SOLDIERS. SL 
 
 youthful constitution and an adequate period of time. Many \eu 
 recover rapidly after they have been discharged, much more 
 rapidly than was anticipated while they were soldiers, 
 
 I shall conclude these observations by warning young medical 
 officers against employing harsh or violent language, or adopting 
 unprofessional or coercive measures towards soldiers. Intemperate 
 language will not intimidate a veteran malingerer, or induce him 
 to return to his duty; and coercive treatment, which is not required 
 by the nature of a case, is decidedly illegal. In 1822, a staff-sur- 
 geon was arraigned before a court-martial for using opprobrious 
 and disgraceful words towards soldiers whom he suspected of being 
 malingerers. He was acquitted of all the charges, five in number, 
 but not without much trouble and anxiety. I allude here to the 
 circumstance, as it may prove a useful warning to young medical 
 officers, and it is for that purpose I have done so. (Vide Note, No. /.) 
 We learn, from Dr. Cheyne, that the strait-waistcoat, the log, and 
 the solitary cell, have often been used by medical officers of cha- 
 racter; but he adds, that those who thus act very gratuitously 
 expose themselves to censure. "There used," says he, "to be the 
 greatest coarseness and severity in the treatment of men in hospi- 
 tal nay, military as well as medical officers frequently treated 
 common soldiers as if they belonged to an inferior order of beings. 
 I have heard soldiers called the greatest villains on the face of the 
 earth, only to be kept in subjection by the lash. This was folly in 
 the extreme, and happily it has become obsolete." 
 
 Diseases and disabilities which disqualify soldiers for service in 
 
 the army. 
 
 {Extrail de Finstruclion sur les appels en France.} 
 
 u Tout medecin, chirurgien on autre officier de sante qui, pour 
 favoriser quelqu'un, certifiera faussement des maladies ou infirmites 
 propres a dispenser du service public, sera puni d'un emprisonne- 
 ment de deux a cinq ans." (Loi sur le Recruitcment du 21 Mars^ 
 
 1822.) 
 
 "Any officer who shall, by any false statement, certificate, or 
 document, or omission of the true statement, attempt to obtain for 
 any officer or soldier, or other person whatsoever, any pension, re- 
 tirement, half-pay, gratuity, sale of commission, exchange, transfer, 
 or discharge, shall, on conviction thereof before a general court- 
 martial, be cashiered" (Rules and Articles 1830, Article 46.) 
 
 These two extracts from official documents will show the import- 
 ance of the duty of examining conscripts in the French army, and 
 soldiers in the British, and the care which should be taken in each 
 case, before a certificate of unfitness be granted. The disabilities 
 which may unfit soldiers for military duty cannot be accurately 
 defined or specifically enumerated ; for there is hardly any infir- 
 mity, however trivial in its general character, which may not exist
 
 82 MARSHALL ON THE EM.WTING, ETC. OF SOLDIERS. 
 
 in so severe a degree as to impair the efficiency of a soldier. The 
 aptitude or fitness of a man for military duty is the point which 
 requires to he investigated in the case of a recruit; but, with regard 
 to a soldier proposed to be discharged in consequence of disabili- 
 ties, it is his inaptitude or unfitness for duty which requires to be 
 ascertained and appreciated. When any doubt is entertained re- 
 specting the fitness of a recruit, it is usual for a medica} officer to 
 reject him; and unless the nnfitness of an alleged disabled soldier 
 be satisfactorily established, a medical officer is directed not to 
 recommend him to be discharged. 
 
 DISQUALIFYING DISABILITIES OF SOLDIERS. 
 
 I have, in the following arrangement, classed the disabling infir- 
 mities of soldiers under ten heads. Respecting some of the diseases 
 on the list, I have added a few observations on their nature and 
 degree, for it is of much importance that a medical officer should 
 duly appreciate the value or degree of a disability before he recom- 
 mends a soldier to be discharged. A few remarks in regard to the 
 phenomena which distinguish real from feigned infirmities are 
 commonly given under each head; and for the purpose of exhibit- 
 ing the difficulty which sometimes occurs in detecting simulators, 
 as well as the labour and patience necessary to be exercised to in- 
 duce a soldier who feigns a disability to return to his duty, I have 
 given a brief account of a number of cases where imposture was 
 satisfactorily discovered. I concur with what Dr. Cheyne states, 
 that "probably there are not (now) two malingerers for ten who 
 were found in the military hospitals thirty years ago." I have also 
 detailed a few cases where a real infirmity was supposed to be 
 feigned. For obvious reasons, I have confined the examples of 
 feigned disabilities chiefly to cases belonging to the army. 
 
 The observations in regard to the disabilities are necessarily very 
 brief, for it did not come within my plan to discuss the pathology 
 of disease?, and, except in a very superficial manner, I have no 
 intention to enter upon the extensive and important subject of legal 
 military medicine. 
 
 CLASS I. Diseases of the Eyes partial or total lo$s of Vision. 
 
 1. Ophthalmia Inflammation of the eyes. Ever since the 
 year 1806, when Mr. Windham's act passed, whereby a soldier had 
 a legal right to a pension for life when he was discharged on ac- 
 count of a disability, a considerable number of men have been dis- 
 charged in consequence of impaired vision and total blindness. 
 During the year 1818, 477 men were discharged and pensioned on 
 account of partial or total loss of sight. The ratio of men dis- 
 charged, from this cause, appears to have become eonsiderably 
 lower; for during a period of five years, or from 1823 to 1828 
 inclusive, the nnrhbers discharged and pensioned were 867, viz.
 
 DISQUALIFYING DISABILITIES OF SOLDIERS. 
 
 90 on account of total blindness, 300 in consequence of the loss of 
 one eye each, and 477 from impaired vision of both eyes. For a 
 great number of years, partial or total loss of sight was, in an espe- 
 cial manner, considered to confer a claim to a large pension for life. 
 The bounty of government was followed by a great increase in the 
 number of men disabled by impaired vision; and factitious inflam- 
 mation of the eyes was carried to a very great extent in the British 
 army, as is well known to both military and medical officers of long 
 standing. The alleged means employed in factitious ophthalmia 
 are, lime, corrosive sublimate, tobacco, ashes, <fcc. Urine has been 
 employed for the purpose of producing inflammation, but I presume 
 without effect The eye will endure, with comparative impunity, 
 the application of very stimulating substances in a fluid state, such 
 as spirits, juice of lemons, &c. It was proved before a committee 
 of the house of commons, that, in a barrack where several hun- 
 dred cases of inflammation of the eyes occurred, a large proportion 
 of them had been produced by gonorrhceal matter, or at any rate 
 the attempt had been made to do so. On such a subject as this, we 
 cannot often obtain demonstrative evidence; we can only in gene- 
 ral arrive at a strong presumption that disease has been artificially 
 excited. As soon as a regiment was ordered to the West Indies, 
 or any other unpopular station, disease of the eyes became common 
 among the men, arid continued so till the corps had embarked. 
 The number of cases then decreased, and no more was heard of it 
 until the period when a detachment was ordered to embark for the 
 service companies. In the following extract, Dr. Cheyne gives a 
 frightful picture of the practice of exciting inflammation of the 
 eyes, which at one time prevailed in the British army: "I may 
 take the present opportunity of observing, that I never saw a more 
 humiliating picture of depravity or perversion of reason call it 
 what we may than I have witnessed in a ward filled with soldiers 
 labouring under ophthalmia; most of the cases, as I learned from 
 the surgeon in attendance, being factitious. Inflammation artifi- 
 cially excited is most painful, and is kept up under every privation 
 which can make life miserable; locked up in a dark ward, and 
 permitted to have intercourse only with the officers of the hospital, 
 nurses, and orderlies; confined to diet which, from the absence of 
 every stimulating material, is most disrelishing; suffering under 
 painful external applications and nauseating internal medicines; 
 phlebotomised and leeched till their complexions are bloodless, their 
 pulse hemorrhagic, and the frightful train of nervous symptoms 
 which excessive blood-letting produces is established in the system. 
 All these evils, in many cases, have no effect, but to confirm the 
 soldier in his determination to destroy one or both of his eyes, that 
 he may be dismissed from the service with the chance of a small 
 pension." (Letter to Dr. Renny by Dr. Cheyne.} 
 
 In the year 1809., three hundred of the men of two regiments 
 which were on duty at Chelmsford became affected with ophthal- 
 mia; the healthy men of both corps were transferred to another
 
 84 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 station, while the sick remained in the hospital, but under strict mili- 
 tary control. Information reached the commanding officer that 
 one of the nurses was in the practice of going to a druggist's shop 
 for the purpose of purchasing drugs, by which means his suspicions 
 were excited; and in conjunction with the medical officer, a suc- 
 cessful attempt was made to discover whether the men had any 
 articles in their possession which might be employed to excite in- 
 flammation of the eyes. The commanding officer entered one of 
 the wards which contained 24 men, about midnight, and ordered 
 them to form rank entire in a state of nudity, and they were in that 
 condition marched into an adjoining empty ward, which had been 
 prepared for their reception. The old ward was secured for the 
 night, and next day the beds were examined, when a number of 
 parcels of corrosive sublimate were found concealed under the 
 clothes. Means were taken to prevent a fresh supply of this drug, 
 and in a very short time 250 of the men had recovered, and were 
 transferred to their respective corps. In the years 1804 and 1805, 
 ophthalmia became excessively prevalent in the 50th regiment, and 
 after a very careful investigation a correspondence was detected 
 between the men under treatment and their parents and friends. 
 The ophthalmics requested that corrosive sublimate, lime and blue- 
 stone, might be forwarded to them, through which they hoped to get 
 their eyes in such a state as would enable them to procure their 
 discharge with a pension; and they mentioned the names of men 
 who had been successful by similar means. Proofs of guilt having 
 been established, the delinquents were tried by a court-martial, con- 
 victed, and punished. Instances have occasionally occurred where 
 the evidence that a soldier intentionally excited disease of the eyes, 
 \vas sufficiently strong to warrant a court-martial in convicting him. 
 
 The late Mr. C., surgeon to regiment, brought two men before 
 
 a court-martial, one for submitting to have an eye destroyed, and 
 the other, for actively abetting him, in fact, for performing the work 
 of destruction. The instrument employed was a common table 
 fork. Mr. C. saw the operation performed through the key-hole of 
 the ward in which the men were accommodated. Conclusive evi- 
 dence being produced, the men were convicted, and received cor- 
 poral punishment. Other convictions for a similar offence have 
 taken place, chiefly for introducing irritating substances into the 
 eyes, which, by long continued application, occasion chronic oph- 
 thalmia, nebulosity, and ultimately blindness, from opacity of the 
 cornea. I once detected a man who had a small fragment of cloth 
 spread over an eye under the eyelids, for the purpose of exciting 
 inflammation. Blindness of an eye has been successfully simulated 
 in France by applying a pencil of the nitrate of silver to the cornea. 
 The 15th article of the pensioning regulations, 1829, directs that 
 no soldier is to be discharged on account of blindness or impaired 
 vision, provided the sense of sight is perfect in one eye. This regu- 
 lation will have an excellent effect in discouraging the practice of 
 mutilating the organs of vision, for many a man might destroy one
 
 IMPAIRED VISION. 85 
 
 eye, who would hesitate to render himself totally blind. Daring 
 the year 1828, there were 33 men blind of one eye at the same time 
 in the invalid depot, Chatham ; 13 of this number belonged to one 
 regiment. Previously to this period it had been customary to dis- 
 charge a soldier when he became blind of one eye, and to award 
 him a pension of ninepence a day without reference to length of 
 service. The 19th article of the pensioning regulations, 1829, if it 
 be strictly and judiciously observed, is also eminently calculated to 
 prevent the practice of factitiously exciting inflammation of the 
 eyes, and eventually occasioning blindness. 
 
 When impaired vision follows inflammation of the eyes, it is in 
 general not difficult for a medical staff-officer to decide whether a 
 man has so far sustained the loss of sight as to render him perma- 
 nently unfit for military duty ; but whether the impaired vision is a 
 consequence of artificially excited inflammation or not, is a question 
 of another kind, and one extremely difficult to solve. Both regi- 
 mental and medical staff-officers would require to take the utmost 
 pains to satisfy themselves on this point, before recommending a 
 man to be discharged. The sources of deception are often manifold. 
 I have more than once found some difficulty in deciding respecting 
 men proposed for discharge, because, as was presumed, they had 
 immediately before examination introduced a quantity of common 
 salt, or some similar irritating but soluble substance in their eyes. 
 Snuff is sometimes employed, but, as it is not soluble, detection 
 frequently follows. To prevent being duped by these means, it 
 is sometimes expedient to examine the men more than once, and 
 at periods when they have not hnd time to prepare themselves for 
 inspection. 
 
 2. Amaurosis. This disability is defined to be a total or partial 
 loss of vision from a paralytic affection of the organ of vision. The 
 loss of vision may be confined to one eye, or both eyes may be af- 
 fected. In amaurosis the pupil is commonly dilated, and the iris is 
 little or not at all sensible to the influence of light. Where one eye 
 is completely amaurotic there is generally a want of consent in the 
 expression of the countenance, and frequently the centre of the lucid 
 cornea projects a little. Blindness without any obvious causs is 
 sometimes pretended by soldiers, and there is much reason for sup- 
 posing that some of them are acquainted with the means of simu- 
 lating the symptoms of this affection by the agency of drugs. The 
 use of snuff which has been moistened with a decoction of the 
 atropa belladonna, has the effect of dilating the pupil of the eye 
 corresponding with the nostril into which the snuff was introduced. 
 Where any doubt is entertained in cases of this alleged disability, 
 they should be examined repeatedly, and at uncertain periods. It 
 may also be useful to propose an operation on the eye. Should the 
 sense of vision not be lost, the sight of an instrument may make a 
 man wince and blink, by which means it will be obvious that he is 
 not blind. Simulators of amaurosis sometimes discipline themselves 
 so as that an eye may not appear, by shutting the eyelids, to be sensi-
 
 86 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 ble to light, or to the presence of a sham instrument. Dr. Fallot met 
 with a conscript who had prepared himself in this way, and who, 
 by the aid of belladonna, had completely simulated the principal 
 symptoms of amaurosis. Having suspicions that the disability was 
 feigned, he placed one hand over the region of the heart, and with 
 the other appeared as if he intended to pierce the eye with a sharp 
 instrument; the head moved not, but the heart palpitated, which 
 induced Dr. Fallot to give a decided opinion that the disability was 
 feigned, and under the influence of surprise and shame, the man 
 avowed that his conclusion was correct, and he was consequently 
 found fit for the service. 
 
 3. Cataract. This disability consists in an opacity of the lens. 
 Cataract in both eyes is a decided disqualification for the army, and 
 consequently soldiers who have this disability are commonly dis- 
 charged. It may be of importance for medical officers to know that 
 cataract has been factitiously excited for the purpose of obtaining a 
 discharge, 8 or 9 cases having occurred a few years ago at Fort Pitt 
 general military hospital. A considerable period elapsed before the 
 means which had been adopted to produce this variety of blindness 
 were discovered ; but eventually it was found that a needle, or some 
 similar instrument, had been introduced through the lucid cornea, by 
 which means the lens was rendered opaque. The late Mr. Melin, 
 surgeon to the 9th or Queen's Royal Lancers, had the merit of dis- 
 covering this novel mode of mutilation. He operated successfully 
 upon all the 8 or 9 men, as cases of cataract; vision was restored, 
 and they were all sent to join their respective corps. 
 
 CLASS II. Disease of the Ears Deafness. 
 
 Deafness may exist without any obvious mark or trace of disease 
 of the ears, or of any symptoms to distinguish a simulated from a 
 real defect of the organ of hearing. Suspicion of the reality of 
 alleged deafness in soldiers is therefore commonly excited rather by 
 moral than physical evidence. Deafness does not come on sud- 
 denly, and in general it is only partial. Isfordink says that a really 
 deaf man has a singularly rough voice. The simulator of deafness 
 is apt to overact his part, to assert that he was suddenly affected 
 with the disability, and to pretend that he is totally deaf. During 
 the year 1818 there were 36 men discharged from the army, and 
 placed on the pension list in consequence of alleged deafness, and I 
 have no reason to believe this number unusually high. The per- 
 severance with which deafness has been feigned, the difficulty which 
 frequently exists in ascertaining whether the disability is real or 
 simulated, and the means most likely to detect imposture, will 
 perhaps be most satisfactorily shown by recording two cases of sim- 
 ulated deafness, where the deception was discovered. 
 
 A simulator of deafness is rarely if ever discovered, except by 
 finesse or accident, such as addressing him by name while he is
 
 DEAFNESS. 
 
 asleep. In the following two cases, finesse was very successfully 
 employed. 
 
 A recruit from Cork, who joined the depot of the East India Com- 
 pany at Chatham, alleged that he had almost totally lost the sense 
 of hearing, and the tesiimony of his comrades from Ireland served 
 to support his statement. Dr. Davies, surgeon to the depot, admitted 
 him into hospital, and put him upon spoou diet. For nine days 
 Dr. Davies passed his bed during his daily visit to the hospital, 
 without seeming to notice him. On the tenth day he felt his pulse, 
 and made signs to him to put out his tongue ; he then asked the 
 hospital serjeant what diet he gave the man. Spoon diet, replied 
 the serjeant. The doctor affected to be displeased, and in a low 
 voice said, Are you not ashamed of yourself, the poor fellow is 
 almost starved to death. Let him instantly have a beef-steak and a 
 pint of porter. The recruit could contain himself no longer. With 
 a countenance expressive of gladness arid gratitude, he addressed 
 Dr. Davies by saying, God Almighty bless your honour; you are the 
 best gentlemen I have seen for many a day. 
 
 A marine, while serving on board a ship of war, complained from 
 time to time to the surgeon, that he was gradually losing the sense 
 of hearing, and at the end of several months he asserted that he was 
 completely deaf. It being, however, presumed that the alleged in- 
 firmity was feigned, arid as he could not be made to perform his 
 duty, he was brought to the gangway and flogged ; but previously 
 to his being paraded for punishment, and during its infliction, he 
 was informed that he should be pardoned if he would admit the 
 fraud, and return to his duty. Every means that promised to be 
 successful in surprising him into showing that he possessed the 
 sense of hearing was resorted to, but without success: firing a pistol 
 close to his ear, suddenly rousing him during sleep, and endeavour- 
 ing to alarm him, elicited nothing satisfactory. The officers at 
 Haslar Hospital, to which he had been sent, resolved to punish him 
 a second time. Dr. Lind, who was then physician to the hospital, 
 begged that punishment might be deferred, with the view of gaining 
 time to try another experiment whether the man was an impostor 
 or not. His request was granted. The doctor chose a favourable 
 opportunity, and coming un perceived behind him one day, he put 
 his hand on the man's shoulder, and said, in an ordinary tone of 
 voice, : I am happy to tell you that you are invalided at last." 
 
 "Am I by !" replied the overjoyed marine. The imposture 
 
 being thus rendered evident, he was forthwith punished, and sent 
 on board ship. 
 
 The simulators of deafness sometimes pretend that they are una- 
 ble to speak, thereby endeavouring to show that they suffer under a 
 very serious disability, deaf-dumbness. The deaf-dumb impostor 
 evades answering the puzzling questions which might be made to 
 him were he to admit that he had the power of speech. 
 
 A trooper named M'Keon. who belonged to the 7th Dragoon 
 Guards, then quartered at Piershill barracks, appeared one morning
 
 89 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 to be both deaf and dumb ; a disability which did not exist the 
 previous evening. Many means were adopted to ascertain that he 
 possessed the sense of hearing-, but without success. Firing a pistol 
 close to his ear produced no effect. After keeping him a long time 
 in the regimental hospital, he was sent to the Edinburgh Infirmary, 
 from which he was subsequently discharged as incurable. No noise, 
 however sudden, or artfully employed, succeeded in lousing his at- 
 tention. Eventually it was believed that the alleged disability was 
 real, and his situation excited the pity and commiseration of the 
 officers of the corps. At the end of about a year he was recom- 
 mended to be discharged, and left Dundalk, where the regiment was 
 at that time quartered, on his way to Dublin to pass the invaliding 
 board. During the first day's march he got intoxicated, and at the 
 same time recovered the use of his tongue and ears. His escort brought 
 him back to the regiment next day, but before he arrived his deaf- 
 dumbness had returned. He was tried by a court-martial, and sen- 
 tenced to receive 800 lashes; but as he still held out, it was deemed 
 advisable to send him to the general hospital in Dublin, for the pur- 
 pose of being examined by the medical officers of that establishment, 
 before the sentence of the court martial should be carried into effect. 
 Here various attempts were made to induce him to give in, and 
 among other means used for that purpose, he was informed that, if 
 he returned to his duty, the sentence of corporal punishment would 
 be remitted; a promise which produced no immediate consequences. 
 Upon admission into hospital, he was for some time accommo- 
 dated in a ward in company with several other patients, but he was 
 afterwards confined in a solitary cell, with no other sustenance but 
 a small allowance of bread and water. The orderly who attended 
 M'Keon was instructed to give him his scanty fare; but on no ac- 
 count to speak to him. In this manner things went on for nearly 
 three months, when one morning the pretended deaf-mute accosted 
 the orderly by savin?, " Good morning to you, James." James was 
 completely astounded for some time; he soon, however, so far re- 
 gained his self-possession as to secure the door, and to make all 
 haste to inform the steward of the hospital of what had taken place. 
 When M'Keon was interrogated in regard to the recovery of the 
 faculties of hearing and speaking, he stated that he had had a dream, 
 and that when he awoke he found that the long lost functions had 
 returned. He was not punished, he returned to his duty, and con- 
 ducted himself with great correctness for a considerable time, but 
 eventually he deserted, taking with him his arms, accoutrements, 
 &c. M'Keon must have been desperately disgusted with the ser- 
 vice, or possessed an ardent love of liberty to enable him to endure 
 the restraint, the privations, and the deferred hope to which he was 
 so long exposed. 
 
 CLASS III. Diseases of the organs of respiration and circu- 
 lation. 
 
 1. Stammering. As an impediment of speech is a disability
 
 CONSUMPTION. 89 
 
 which prevents a recruit from being approved for the service, and 
 as stammering rarely appears after adult, age, few soldiers are dis- 
 charged on account of this alleged infirmity. 
 
 During the winter of the year 1826-1827, a sentry while on duty 
 at a post in the garrison of Chatham, alleged that he had become 
 unable to speak distinctly, and as the stammering or hesitation of 
 speech was considered by the medical officers an involuntary dis- 
 ability, he was. after being some time in hospital, discharged from 
 the service. Shortly after, another sentry, while on the same post 
 as the former had been, became similarly affected. In this case, tho 
 impediment of speech was presumed to be feigned. The man de- 
 serted from the hospital, and, after a few months, he was taken and 
 brought back to Chatham. His utterance was still indistinct. 
 Electricity, shower baths, and various other remedial means were 
 employed in vain. Some of the medical officers who watched this 
 case carefully, were of opinion that, although the disability might 
 have been originally simulated, it had become by custom habitual 
 and involuntary. I am ignorant of the result of this man's case, 
 as my applications for information in regard to him were not suc- 
 cessful. 
 
 2. Consumption, Asthma. Under this head I include the various 
 affections of the lungs which disqualify soldiers for military duty, 
 and on account of which a great number are annually discharged. 
 The diagnosis of diseases of the lungs has become much more cer- 
 tain since percussion arid auscultation have been adopted by the 
 medical profession. When the external and functional symp- 
 toms of disease, together with the stethoscope indicate a material 
 disorganisation of the substance of the lungs of a soldier, it is in 
 general deemed expedient to recommend him to be discharged. 
 The stethoscope in the hands of an adept is highly useful in detect- 
 ing the simulators of consumption, a class of impostors who are 
 found in all general hospitals, and sometimes also in regimental 
 hospitals. 
 
 Dr. Cheyne very graphically describes some of the manoeuvres 
 of a simulator of phthisis. " He expresses a wish to be let blood or 
 blistered for a pain in his chest; he begs for some medicine to re- 
 lieve his cough ; applies for a furlough ; in short, so well does he act 
 his part, that, unless the surgeon is very circumspect, he will discover 
 when too late that he has been made a dupe of." But impostors 
 are not always content with merely pretending disease ; a more 
 complicated system of fraud is sometimes attempted. Emaciation 
 is occasioned by abstinence and drinking vinegar cough and 
 hoarseness are imitated debility is pretended and a puriform ex- 
 pectoration is easily obtained by purchase or otherwise from the 
 spitting-pot of a patient really labouring under consumption. Many 
 impostors are sufficient adepts in the art of deranging the circulation, 
 to simulate hectic fever by the quickening the pulse, so that by 
 these means all the leading symptoms of consumption are more or 
 less completely counterfeited. Chronic catarrh is often the ground-
 
 90 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 work upon which a case of fictitious consumption is founded. 
 When the patient is in hospital, the expectoration is regularly shown 
 to the medical attendant, and to increase the quantity it is mixed 
 with saliva and mucus from the nose. It is often tinged with blood, 
 which is commonly produced by pricking the gums. In cases of 
 this kind the breathing is generally quick, and there are always 
 complaints of pain in the chest, and of disturbed rest from cough. 
 
 "Limitation de I'asthme serait risible si elle n'etait deplorable. 
 Des jeunes gens, dans 1'espoir de representer le signe essentiel de 
 cette affection, (la difficulte de respirer,) se sont occasione des pal- 
 pitations dont les suites ont ete quelquefois bieri funestes ; il est des 
 simulateurs chez qui elles ont determine 1'hypertrophie du cceur." 
 (Cache, page 191.) 
 
 3. Hcenioplysis, or spitting" of blood. Many soldiers are pro- 
 posed to be discharged on account of this alleged symptom of im- 
 paired health. Haemoptysis may be a consequence of inflammation 
 of the mucous membrane of the trachea, which commonly admits 
 of speedy recovery. When haemoptysis is accompanied by other 
 symptoms of tubercular disorganisation of the lungs, the congeries 
 of symptoms deserve the highest consideration, and the man in 
 question may be recommended to be discharged, as being likely to 
 be permanently inefficient. Where spitting of blood occurs with- 
 out other symptoms of consumption, such as emaciation, purulent 
 expectoration, 'hectic fever, (fee., the attention should be especially 
 directed to ascertain the circumstances connected with the hemor- 
 rhage. Impostors are aware that spitting of blood is occasionally 
 a symptom of consumption, which disqualifies a soldier for the 
 service; and as this symptom is easily feigned, it is more commonly 
 simulated than any other indication of pectoral disease. Various 
 means are therefore frequently resorted to by soldiers who wish to 
 obtain their discharge and a pension. For the purpose of deceiving 
 medical officers in this respect, some secretly provide themselves 
 with bullock's blood, for the purpose of colouring the saliva; others 
 make small incisions in the mouth or arm, and thus procure the 
 colouring matter. To detect an impostor who feigns spitting of 
 blood, all that is commonly required is to carefully examine the 
 contents of the spitting-pot. Blood from the lungs is florid and 
 coagulated in smaller or larger portions, but where this symptom of 
 disease is feigned, the colouring matter is intimately mixed with 
 saliva. The absence of all the other pathognomonic symptoms of 
 organic disease of the lungs should invariably excite a consider- 
 able degree of doubt in regard to the alleged source of the expec- 
 torated blood. 
 
 Dr. Fallot relates an interesting case of a soldier who simulated 
 this affection. The man had voluntarily enlisted, but he soon after 
 regretted that he had done so, and became anxious to regain his lib- 
 erty. One evening Dr. Fallot was sent for in great haste, and found 
 a large quantity of coagulated blood before the bed of the man,
 
 DISEASE OF THE HEART. 91 
 
 who, with an affected feeble voice, complained of his deplorable 
 condition. Seeming to believe all he said, the doctor ordered him 
 to be bled, and directed some other remedial means to be followed. 
 Next day Dr. Fallot was informed that the cough and spitting of 
 blood had continued all night. The healthy appearance of the 
 man, the absence of fever, and the clear distinct sound of the chest, 
 excited the doctor's suspicions, and induced him to watch the sol- 
 dier carefully, and for a considerable time, during which he ascer- 
 tained two facts: first, that the man ejected large clots of blood 
 without coughing; and secondly, that, before the blood was ejected, 
 he turned his face to the back of the bed, which was situated in an 
 alcove. Eventually a pot containing about a pound and a half of 
 bullock's blood was found under the cover of the bed. This cir- 
 cumstance was considered conclusive evidence that the hemorrhage 
 was feigned. 
 
 A soldier, who had for some time simulated a pectoral affection, 
 showed Dr. Fallot his spitting-pot, which contained a mixture of 
 blood and puriform matter. The man had got out of bed during 
 the night, and appropriated part of the contents of the spitting-pot 
 of a man suffering under consumption, to which he had added a 
 portion of blood which he found in a bleeding basin. He had not, 
 however, taken the precaution to break down the coagulum which 
 remained in the basin, and, as the portion he had removed left a 
 vacancy in the clot, he was thereby detected. 
 
 4. Diseases of the heart or large blood-vessels. The diagno- 
 sis of diseases of the heart is frequently attended with much diffi- 
 culty. When a soldier complains of uneasiness, or sensations 
 indicative of a morbid condition of the heart or aorta, the utmost 
 care ought to be taken duly to investigate the origin of the symp- 
 toms, and to place him in circumstances favourable for his comfort 
 and recovery. This measure is essentially necessary, inasmuch as 
 extensive disorganisation of the aorta may take place without being 
 indicated by any obvious symptom. A long-continued probation 
 is advisable, before recommending a discharge on account of ob- 
 scure affections, particularly of this class of disabilities. Nothing 
 very specific can be learned from a frequent, a slow, an irregular, 
 or an intermitting pulse, as these may at intervals occur in the 
 same individual, under a variety of circumstances, without much, 
 perhaps without any, disease. Recruits have almost always a fre- 
 quent pulse while they are examined, and not a few men have been 
 rejected under the presumption that a quick pulse is a satisfactory 
 indication of disease of the heart or large blood-vessels. Much 
 caution is required on the part of a medical officer, before he con- 
 cludes that a soldier is suffering from organic disease of the heart, 
 and that, in consequence of this affection, he is unfit for the duties 
 of his profession, and not likely ever to recover. 
 
 Disease of the heart is sometimes simulated by soldiers when 
 they wish to be discharged. To excite an undue action of the
 
 92 MARSHALL ON THE ENLISTING, ETC. OP SOLDIERS. 
 
 vascular system, various means are employed, some of which are 
 known to medical officers, but of others I believe they are com- 
 pletely ignorant. The introduction of t&bacco or garlic into the 
 anus greatly deranges the circulation, and disease of the heart is 
 thereby simulated. The veratrum album, in doses of from ten to 
 twelve grains, has been successfully used for a similar purpose. 
 The ingenuity of medical officers will readily suggest the means of 
 discovering whether any irregularity of the action of the heart be 
 fictitious or not. Total seclusion, so as to render it impossible for 
 a man to procure drugs, and coming upon him ninawares for the 
 purpose of ascertaining the state of the circulation, will commonly 
 afford strong presumptive evidence of the soundness or unsound- 
 ness of the heart, and whether artificial means have been used to 
 excite palpitation. I believe palpitation is sometimes produced by 
 the immoderate use of tobacco, without any intention of thereby 
 exciting disease, but there is too much reason for suspecting that 
 this narcotic is occasionally employed for the specific purpose of 
 simulating an affection of the heart. 
 
 Palpitation of the heart may, it is alleged, be excited by strong 
 compression on the abdomen, by means of a tight bandage, such as 
 the waistband of a pair of trowsers. Professor William Schmitt 
 relates the case of a young engineer officer in the Austrian service, 
 who adopted that means for the purpose of being permitted to retire 
 from the army with a pension. 
 
 A temporary derangement of the function of the heart, and con- 
 sequent palpitation, is not unfrequent among soldiers, more particu- 
 larly young recruits, before they are dismissed from drill. For 
 some time previously to a general inspection, the men are often 
 kept long under arms; and to this circumstance may sometimes be 
 attributed slight derangement of the circulation, fainting of weakly 
 individuals, &c. Standing under arms has lately been forbidden as 
 a punishment, which is a wise and humane measure. Frequent 
 tedious drills and inspections are supposed to be sometimes the pre- 
 cursors or causes of rupture, aneurism of the heart, varicose veins 
 of the leg, &c.. and perhaps not altogether without foundation. 
 The practice of the French army in this respect may be quoted, as 
 a warning for British officers to avoid. 
 
 "Every Sunday there is a general inspection of all the corps of 
 infantry, during which the soldiers stand under arms from sunrise 
 to mid-day, and sometimes till one in the afternoon. An inspection 
 is first made by the non-commissioned officers, then by the officers 
 of each company, next by the commanding officer of a battalion, 
 then by the lieutenant-colonel, and after him they are inspected by 
 the colonel of a regiment. The men then proceed to mass, and 
 afterwards return to parade, when the lieutenant-general, after a 
 final inspection, expresses his satisfaction at the fine appearance of 
 the corps, but it is presumed he is ignorant of the extreme fatigue 
 which has been incurred to gain his approbation." 
 
 5. Varicose veins. This morbid affection consists in a perma-
 
 VARICOSE VEINS PHY3CONIA. 93 
 
 nent dilatation of the veins. The external veins of several parts 
 of the body become occasionally varicose, but this affection rarely 
 disqualifies a soldier for military service, except when the veins of 
 the inferior extremities are affected. When varicose veins of the 
 legs are large and numerous, marching is accompanied by a sense 
 of fulness above the ankle, with more or less oedema of the whole 
 leg, and consequently a soldier is thereby disqualified for service in 
 the infantry or artillery. If the affection exists in a very severe 
 degree, the legs become swelled, tense, hot, and painful, the skin 
 red and inflamed, and the cellular tissue condensed. The slightest 
 abrasion of the skin may give rise to ulceratiori, and in this condi- 
 tion of the veins ulcers on the legs are frequently incurable. At- 
 tempts are sometimes made, by soldiers who wish to be discharged, 
 to excite, or at any rate to aggravate, this affection by tight liga- 
 tures; but to what extent these means answer the purpose intended, 
 I am unable to state. 
 
 CLASS IV. Diseases or impaired Functions of the Organs of . 
 
 Digestion. 
 
 1. Visceral turgescence (Physconia). This terra is intended 
 to comprise a number of diseases consisting in an enlarged or pro- 
 tuberant condition of one or more of the organs of digestion. As 
 all the viscera of the abdomen are subject to an indurated enlarge- 
 ment, and as the various organs occasionally become affected simul- 
 taneously, the symptoms may be very complicated. Instances 
 frequently occur where the real nature of the swelling cannot be 
 determined, except by a post-mortem examination. The origin of 
 visceral turgescence is commonly attributed to disease contracted 
 while serving in unhealthy climates, and much care and attention 
 is required by medical officers, to satisfy themselves of the exi t- 
 ence and extent of the alleged disability how far it disqualifies a 
 man for military duty and whether or not it was contracted by 
 service, as well as whether it be incurable. Any material disorga- 
 nisation of an important viscus may in general be considered 
 incompatible with health and complete efliciency. 
 
 "Les cas doivent etre juges suivant 1'importance des visce'res 
 malades, la profondeur de ('alteration qu'ils out subie, et 1'etendue 
 de ses effets sur la constitution ge'nerale, la nature de leurs causes, 
 et le dejjre de leur curabilite." (Fallot, Memorial de T expert^ <Sfc. t 
 page 107.) 
 
 This disability is not unfrequenlly feigned by soldiers who wish 
 to be discharged. Mr. Bamfield, formerly surgeon of the 35th 
 regiment, had three cases of this kind under his care: the enlarge- 
 ment of the abdomen was effected by means of a deep inspiration, 
 and keeping it distended with very short expirations. The detec- 
 tion he found was simple and easy, as it was only necessary to 
 surprise the patient while asleep, when his abdomen was soil and 
 unprotruded. I have met with three or four cases of alleged 
 8 a 7 mar
 
 94 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 "organic disease of the abdomen," which was imitated by simply 
 elevating the spine. The advantage of examining men brought 
 forward for discharge, in a state of nudity, is very obvious where 
 visceral turgescence is feigned in this manner. During the year 
 1811, a greatly distended condition of the abdomen became in some 
 measure epidemic among the men of the 84th regiment, then sta- 
 tioned in Dublin. From thirty to forty men belonging to that corps 
 were admitted into the general hospital, complaining of pain and 
 distention of the abdomen, with excessive thirst: some of them 
 drank daily more than a gallon of water. Dr. Harvey, who was 
 physician to the hospital, eventually concluded that the symptoms 
 were factitious, and under that impression he prescribed a solution 
 of Glauber salts, dissolved in weak infusion of tobacco, which he 
 called the infusum beuediclum. A cupful of this bitter mixture 
 was given in the morning, and repeated every fourth hour until it 
 operated, and with complete success. All the patients who were 
 MI hospital recovered speedily, and the disease soon disappeared. 
 Sixteen men had, however, succeeded in obtaining their discharge 
 before this method of treatment was adopted. The means by which 
 the tympanitic symptoms were occasioned remains unknown. It 
 was conjectured that large quantities of chalk and vinegar might 
 have been employed, but this was only a surmise. 
 
 A great expansion of the abdomen is sometimes excited or pre- 
 tended by soldiers in India when they wish to evade duty, or to 
 obtain their discharge. The means adopted is commonly supposed 
 Jo be drinking fermenting toddy, and rice water, to which a small 
 quantity of soap is added. 
 
 2. Chronic disease of the liver. Soldiers who have served in 
 India are pretty well acquainted with the leading symptoms of this 
 affection, and, when they become tired of a military life, some of 
 them feign liver disease, while others exaggerate the uneasiness 
 under which they may in reality be suffering. The diagnosis of a 
 morbid affection of the functions or structure of the liver is fre- 
 quently very obscure, and hence a medical officer must chiefly 
 depend upon the general indications of health or disease, in his 
 estimation of the ultimate efficiency of a man who has been for 
 some time under medical treatment, on account of this alleged com- 
 plaint. Unless the uneasy sensation of the right side, which is the 
 common complaint, be corroborated by well marked symptoms of 
 impaired health, or rather when there is no obvious fulness in 
 the region of the liver, when the pulse and breathing are regular, 
 the secretions and excretions natural, when there is no remarkable 
 emaciation, and when the alleged pain resists topical bleeding and 
 blistering, we are not warranted in concluding that much real 
 disease exists, and, consequently, should not recommend a man to 
 be discharged as permanently unfit for military duty. I have seen 
 a nnmber of men who had lain for many months in bed, on account 
 of alleged liver disease, but whose healthy countenances and plump 
 frames satisfied rne that the functions of the liver were not much
 
 DISEASE OP THE LIVER VOMITING. 95 
 
 out of order. It is surprising how long a healthy person will resist 
 the debilitating effects of the daily exhibition of a moderate quan- 
 tity of medicine, low diet, and confinement to bed, wiihout being 
 greatly extenuated, or seeming to suffer by hospital discipline of 
 this kind. Malingerers rarejy succeed in feigning a languid sickly 
 eye, or the voice of genuine indisposition, however well they may 
 feign other indications of disease. 
 
 In alleged cases of disease, where testimony is doubtful, and 
 where there are no obvious symptoms of impaired health, a medi- 
 cal officer cannot use too much care to ascertain the real state of 
 the health of his patient.; and until he has made up his mind in 
 regard to a case, the remedies employed should be very simple. A 
 soldier complained chat he had "liver," and alleged that he had a 
 severe pain in his left side. Seeming to believe that his disease 
 was of a grave nature, he was confined to bed, and, with the pro- 
 fessed purpose of preventing his sleep from being disturbed by the 
 conversation of his comrades., he was .accommodated in a ward by 
 himself. He was kept on low diet, and a weak solution of the tar- 
 trate of antimony alternately with the pnisiura diabolica regu- 
 larly exhibited. This mixture consists of .Glauber salts, infusion 
 of tobacco, and asafoetida, and it is commonly yiven in very small 
 quantities, but so frequently as to keep the taste pretty constantly 
 in the mouth. He held out under this careful treatment for a 
 month, and recovered rapidly. Soon after he was discharged from 
 hospital he confessed the imposture, arid swore that, if it had not 
 been for his stupidity in locating the pain jn his left side, the impo- 
 sition would not have been suspected. He was mistaken ; the 
 imposition was considered pretty obvious from the first, but I am 
 not aware that any other means would have made him sooner 
 return to his duty. Every medical officer of experience will con- 
 cur with the late Dr. Cheyne in his remarks regarding alleged 
 chronic hepatitis. "We ought," he says, "never to put a malin- 
 gerer under a course of mercury, as, by the requisite stay in the 
 hospital, he will not only be enabled to mature his plans of villany, 
 but his constitution will thereby be injured if forced to return to 
 his duty. After being salivated, he will soon be again in hospital, 
 asserting that the pain in his side has returned. As soon as his 
 mouth gets well, a new course of mercury will then be instituted, 
 which is precisely what he wishes." 
 
 3. Vomiting-. When the stomach is much diseased, vomiting is 
 a frequent consequence or symptom of the affection. Organic dis- 
 ease of this viscus is commonly accompanied with pain of the par: 
 affected, regurgitation of the ingesta, and general emaciation. 
 When there is no other obvious symptom of disease of the stomach, 
 but a regurgitation of the food swallowed, it may generally be in- 
 ferred that the alleged disability is not of a very serious nature. 
 
 Some persons who have the voluntary power of rejecting the 
 contents of the stomach, avail themselves of that faculty to simu- 
 late disease. I have seen several soldiers who were proposed for
 
 OG MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 discharge on account of this alleged disability, namely, the rejec- 
 tion of food after every meal ; but as they continued to increase in 
 weight upon half diet, and had each a healthy countenance, no 
 doubt conid he entertained that the vomiting was voluntary. They 
 were all sent to their duty; and I have since learned, in regard to 
 some of them, that they became efficient soldiers, without making 
 any complaint of indigestion or want of nourishment. In 1828, 
 there was a man in the general hospital, I>ublin, who had been 
 under observation and treatment for five or six months, in conse- 
 quence of frequent vomiting. Some doubt was at first entertained 
 respecting the nature of the alleged disability, but eventually it was 
 presumed that the disability was feigned, and the man was sent to 
 his duty. Shortly before he left the hospital, four men in the same 
 ward with him regurgitated their food, so that the disability became 
 partially epidemic. None of these men were discharged from the 
 service at that time. 
 
 4. Boicel complaint. Under the head " Dysentery and Hepatic," 
 it appears that, on an average, more than 2UO men are annually 
 discharged from the service. (Circular Letter, 22d January, 1830, 
 Medical Department.} Cases of bowel complaint require very 
 careful deliberation before they are recommended to be discharged; 
 more especially the age of the man under consideration, his length 
 of service, the climate in which he has served, the intractable nature 
 of the symptoms, and the duration of the disease. It is presumed 
 that no man is ever discharged while he is suffering under urgent 
 symptoms of bowel complaint, or an advanced stage of any disease. 
 The hospital is the best place for this class of patients, where they 
 ought in general to remain until the disease terminates either in 
 recovery or death. 
 
 Bowel complaints are occasionally pretended by recruits when 
 they wish to avoid leaving a district depot to join their corps. The 
 fraud is easily detected by inspecting their linen : if it be clean, the 
 bowels are not much out of order. In climates where dysentery is 
 prevalent, such as India, bowel complaints are often alleged as a 
 pretext for being relieved from duty; the use of a night-chair satis- 
 factorily discovers the fraud when no disease exists. Care must, 
 however, be taken in hospitals, that a patient really suffering under 
 dysentery does not lend his assistance to promote the imposture, 
 for aid of the kind alluded to has been bought and sold. In civil 
 life, I have known bullock's blood exhibited in a chamber utensil 
 to the physician of a dispensary, for the purpose of obtaining some 
 of the comforts of the establishment. 
 
 5. Hernia. According to the 20th article of the Pensioning 
 Regulations of 1829, no infantry soldier is to be discharged for rup- 
 ture alone^ except in extreme cases of disability. By the French 
 conscription law, no man is to be exempted from serving in the 
 army on account of rupture, unless the intestine is irreducible, or 
 that it cannot be kept in its place by means of a truss. I believe 
 that in all regiments there are a considerable number of ruptured
 
 HERNIA. 
 
 men, who perform their duty regularly without complaint, and 
 who are capable of performing all the ordinary duties of the army 
 during a period of peace. Does hernia occur more frequently 
 among the men in cavalry corps than in infantry regiments? What 
 is the relative ratio of ruptured men serving in cavalry corps and 
 infantry regiments? These are interesting questions, which I am 
 unable, for want of materials, to solve; but 1 hope the subject will 
 be carefully investigated. Under what circumstance should a sol- 
 dier, who is ruptured, be deemed disqualified for the performance 
 of military duties? He may, perhaps, be considered unfit for the 
 army when he suffers from single hernia, if a truss fails in pre^ 
 venting the intestine from protruding through the ring, and in all 
 cases of double hernia. "Rien n 'est quelquefois plus difficile que 
 de preter un jugement bien decisif sur le veritable etat d'nne her- 
 nie, c'est-a-dire de prononcer que la reduction est operee, et qu'elle 
 est bien et solidement contenue. Toutes les fois qu'un homme esi 
 porteur d'une hernie, il pourra non-seulement s'il veut t romper, 
 affirrner qu'elle est difficilement contenue, mais il pourra aisement 
 la reproduire a volonte par une fort inspiration ou des mouvements 
 pre"cipites d'iuspiration ou d'expiration." (Soitville, Examen des 
 Ittfir miles ou Maladies qui pcuvent exempter da Service Mili- 
 taire, et necessiter la Reforme. Paris, 1810.) 
 
 Every man who is affected with hernia may be considered unfit 
 for military duty during active warfare. War is a state of priva- 
 tion of every kind, and, in general, a ruptured man is unable to 
 surmount the fatigue of a campaign. Indeed, no man who is 
 affected with hernia should be permitted to take the field, however 
 willing he may be to accompany his comrades. 
 
 Hernia is not a cause of much inefficiency in the army, nor are 
 there many men discharged on this account. By a return, com- 
 prehending a considerable portion of the army, it appears that, 
 among an aggregate strength of 10,000, there were admitted into 
 hospital 10 men on account of hernia, or one in 1000, the range 
 being from 5 to 17 per 10,000. The ratio of admissions among 
 the cavalry is 10 per 10,000, which is exactly the amount of the 
 general mean. Among every 78.796 men, one died of hernia, and, 
 with respect to the number of men discharged, it appears that, of 
 every 10,000 men serving in India, 3 were annually disabled and 
 discharged from the service in consequence of hernia. I have no 
 documents which enable me to state, whether, in any of the fatal 
 cases, or indeed in any instance, the operation for strangulated 
 hernia was performed. The operation for hernia is but very seldom 
 required in the army. Perhaps there is no class of the population 
 among which there are so few surgical operations performed during 
 peace. Many medical officers have passed through a long period 
 of service, and left the army, without ever using any moie capital 
 instrument than a lancet and a tooth instrument. (Note, No. //) 
 
 Although hernia be not a cause of much inefficiency in the army, 
 it is occasionally alleged as a reason for being exempted from
 
 98 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 particular duties; and medical officers frequently find considerable 
 difficulty in determining whether the plea arises from want of will 
 or from physical infirmity. 
 
 Hernia has been simulated by soldiers who were anxious to ob- 
 tain their discharge. 
 
 Pat Gafney, second battalion, rifle brigade, having been "unfor- 
 tunate" by which term is implied that he had been convicted of a 
 crime, and punished complained that he had become ruptured. 
 He was forthwith examined by Dr. Connel, assistant surgeon to the 
 brigade, who found a slight degree of fulness over the left inguinal 
 ring, and eventually he ascertained that the left testicle was not in 
 the scrotum. By means of considerable pressure applied above the 
 ring, the testicle was extruded and restored to the scrotum. Gafney 
 had served several years in the marines, and was discharged, as his 
 "Instructions" stated, in consequence of inguinal hernia, the result 
 of service, with a pension of n'vepence a*day. It would appear 
 that he succeeded in obtaining his discharge and a pension from 
 the marines, by simulating hernia; but he failed, however, in im- 
 posing upon Dr. Connel. He was discharged from the army with 
 every mark of ignominy in September, 1827. 
 
 To discharge a bad man with ignominy in other words, with 
 loss of good name or, indeed, in any way, may be to promote the 
 object of his wishes, and consequently this punishment has little 
 effect in preventing crime. 
 
 I have seen several men who had the voluntary power of draw- 
 ing up a testicle to the ring, and retaining it there for some time. 
 According to Baron Percy, some men can retract a testicle within 
 the abdomen. Some years ago a paper was picked up in the gene- 
 ral military hospital, Dublin, which contained a "receipt for making 
 a rupture." The scrotum was to be punctured with a large pin, 
 and then, by means of a piece of tobacco-pipe, it was to be blown 
 lip with air. The same operation was to be performed on the other 
 side, if a double rupture was required; poultices were to be applied 
 to reduce the inflammation! The manuscript was supposed to have 
 been dropped by a man belonging to the 18th Hussars, who had 
 been left in hospital when the regiment embarked for England. 
 He joined his corps at Rumford, in Essex, with his scrotum greatly 
 enlarged: according to his own statement, the swelling came on 
 in consequence of his jumping from a window shortly after he left 
 the hospital; on his landing at Liverpool, it became so large and 
 painful that he could not walk, and was in consequence forwarded 
 in a cart. When the scrotum was pressed, a crepitus was percep- 
 tible. The swelling: was in all likelihood excited, and probably by 
 the means directed in the "receipt." This man succeeded even- 
 tually in obtaining his discharge, by simulating disease of the hip- 
 j oint. (Dr. Cheyne's Letter to Dr. Renny.}
 
 DISEASES OF THE TESTICLE. 99 
 
 CLASS V. Diseases and Lesions of the Genito-urinary Organs. 
 
 1. Diseases of the testicle. a. Hydrocele (or water in the 
 tunica vaginalis testis] sometimes exists in so trifling a degree, as 
 hardly to be considered a disease or disability. When, however, 
 the operation for a radical cure has failed, or when the body of the 
 testicle is considerably enlarged, a man is commonly deemed unfit 
 for the army, and recommended to be discharged. 
 
 b. Sarcocele. In this disease the testicle is enlarged, indurated, 
 heavier than natural, and sometimes unequal on the surface. Sar- 
 cocele is frequently presumed to be an ill-conditioned affection of 
 the gland, and little under the influence of remedial means. The 
 testicle may, however, become enlarged, without having a tendency 
 to a scirrhons induration. As these two conditions of a testicle 
 may be confounded and indeed, during the early stage of the 
 affection, there is no definite line to distinguish them the unfit- 
 ness of a man for the service on account of this disease must be 
 determined hy the extent of the enlargement, the duration of the 
 disease, and the intractable nature of the symptoms. 
 
 c. Varicocele and Cirsocele. A. varicose dilatation of the veins 
 of the scrotum, (varicocele,) or a similar condition of the veins of 
 the spermatic cord, (cirsocele,) if the enlargement has attained such 
 a size as to impede a soldier from marching, it renders him unfit 
 for the service. 
 
 The testicle of one side is sometimes considerably smaller than 
 the other, without any satisfactory appearance of disease, but many 
 recruits have been rejected on this account. A man was approved 
 at the Dublin depot, who was subsequently rejected at the head- 
 quarters of the regiment to which he belonged, in consequence of 
 the alleged state of his left testicle, which (according to the report 
 of the surgeon) "appears proceeding to a dissolution." This is 
 certainly a very hypothetical reason for rejecting a man. Had the 
 surgeon been well acquainted with the duty of inspecting recruits, 
 he would have known that the tcstes are comparatively small in 
 some individuals, occasionally not larger than horse beans in stout 
 muscular men. 
 
 2. Incontinence of urine. An involuntary flow of urine is an 
 indication of functional, if not of organic, disease of the bladder; 
 but as a want of the power of retaining the urine for a considerable 
 time is a rare disability, and as the affection is frequently feigned, 
 great care ought to be bestowed upon the investigation of every 
 case which is proposed to be discharged on this account. Persons 
 who really suffer under incontinence of urine have commonly a 
 weak, lax constitution, and infirm health. The flow seldom inter- 
 mits above two hours at a time, either by night or day; the body 
 and clothes exhale a strong ammoniacal odour, and the scrotum 
 and inside of the thighs are found to be excoriated. In cases where 
 incontinence is feigned, the action of the abdominal muscles may
 
 
 
 100 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 be perceived, and the urine comes away in jets. If the bladder be 
 capable of retaining a considerable quantity of urine, it may be 
 inferred that the alleged incontinence is feigned; hence a simulator 
 may sometimes be detected by coming upon him unawares, and 
 desiring him to make water instantly, or by using the catheter. 
 The alleged disability of incontinence of urine occasionally disap- 
 pears, by making a man sleep on straw instead of in a comfortable 
 bed. which he had wet regularly every night. The application of 
 moxa to the scrotum has been found useful, inasmuch as the alleged 
 disability was very soon said to be cured. But perhaps the most 
 effectual means of making a schemer announce a recovery, is to 
 oblige him to wear a urinal, and do his duly. This disability, like 
 many others, is apt to become epidemic among the men of a regi- 
 ment. In one instance which came under my notice, five men of 
 one corps complained that they suffered from incontinence of urine, 
 and were in consequence of their allegation brought forward by a 
 credulous commanding officer to be discharged. 
 
 Dr. Cheyne. in his Letter to Dr. Rermy, states a curious fact, 
 which shows the importance of attending to the subject of feigned 
 disease among soldiers. During the year 1803, the medical charge 
 of a regiment of Irish militia devolved upon a private practitioner, 
 unacquainted with the diseases or the tricks of soldiers. In a short 
 time a number of the men were admitted into hospital, in conse- 
 quence of alleged incontinence of urine. This imposition extended 
 to such a degree among the men, thai numbers of them had their 
 white breeches completely destroyed by urine. The imposition 
 was instantly discovered by Deputy-Inspector Comyns, and the 
 progress of the epidemic arrested, by ordering all the men who had 
 spoiled their clothes to be marched to a lake, morning and evening, 
 for the purpose of cold bathing. 
 
 3. Calculus vesica. Stone in the bladder is a rare disease in 
 the army, and 1 believe it is generally considered an adequate cause 
 for discharging a man. Lithotomy is very seldom performed. Dr. 
 Hennen, in his chapter on the Examination of Recruits, (Princi- 
 ples of Military Surgery,) states, that "diseases of the urinary 
 passages, and stone in the bladder, are a sufficient cause for rejec- 
 tion." 1 presume the attempt to ascertain, by means of a sound, 
 whether a recruit suffered from stone, never was made; I should 
 certainly consider it a highly inexpedient measure. 
 
 CLASS VI. Diseases and Lesions of the Skin and Cellular 
 
 Membrane. 
 
 1. Ulcers. It appears, by the Circular Letter from the Medical 
 Board, bearing date 22d January, 1830, that rather more than 100 
 men are on an average annually discharged on account of "ulcers 
 and varices." How far this may be a higher or a lowt-r ratio of 
 discharges on account of ulcers than at present, I have no means 
 of ascertaining. Disabilities such as ulcers, which are easily pro-
 
 tm 
 
 ULCERS. 
 
 dnced by artificial means, require to he carefully investigated. The 
 practice of exciting ulcers in the army during the last war is said 
 to have prevailed to a considerable extent; the means commonly 
 employed were corrosives or irritants, such as nitric acid, acetate 
 of copper, quicklime, lime and soap, bruised garlic and vinegar. 
 In India, the juice of the euphorbium is principally used. Mecha- 
 nical means are also sometimes adopted, particularly abrasion ; this 
 object is attained by rubbing the skin over the shin-bone with a 
 small quantity of sand, so as to excite inflammation, the sand being 
 allowed to remain on the irritated surface. Ulcers of a very in- 
 tractable nature are rapidly excited upon old cicatrices by this 
 means. The integuments which surround factitious ulcers are in 
 general more healthy and less callous than when the ulceration is 
 spontaneous. To prevent suspected impostors from applying irri- 
 tating substances to ulcers on the legs, it is frequently necessary to 
 seal the bandages, which measure is so far effectual as to prevent 
 the dressings from being removed unknown to the medical officer, 
 but it does not altogether prevent the injurious application of me- 
 chanical means. Wooden boxes, when they are constructed so as 
 to prevent the introduction of a rod at the top. are more effectual. 
 The following cases will show the difficulty which sometimes 
 occurs in discovering the cause of an ulcer. 
 
 Mr. W. had a man under his care on account of an ulcer on his 
 leg, which was suspected to be factitious. Sealed bandages, and 
 eventually a tin case for the leg, were tried, but still the ulcer con- 
 tinued to spread, and it was presumed some means were adopted to 
 prevent the sore from healing. There was a man in hospital at 
 the same time, whose leg Mr, W. had amputated, and who, seem- 
 ingly influenced by gratitude, told Mr. W. privately, that the man 
 with the ulcer on his leg had a "receipt" for exciting several dis- 
 eases, in his knapsack, which was forthwith examined and the 
 document found. It contained instructions for injuring an eye, 
 simulating hernia, and exciting an ulcer. Factitious blindness was 
 to be effected by "the prog of a needle in sight of the eye," and 
 after a pension had been procured, soft soap was to be applied to 
 the eye, by which means it was stated that vision would be restored. 
 A rupture was to be simulated by inflating the cellular membrane, 
 or by tying a ligature round the dartos. To excite or imitate an 
 ulcer, yellow arsenic was to be employed. Although this man was 
 riot allowed to have access to his ulcer, he found means for some 
 time to introduce a small portion of yellow arsenic into the sponge 
 with which it was washed, and by this means the sore continued 
 to spread. His scheme failed chiefly in consequence of the infor- 
 mation received from the man in question. 
 
 Impostors are very rarely, indeed almost never, detected by means 
 of information obtained from their comrades, although exceptions 
 occasionally occur, as in the following case.
 
 102 MARSHALL ON THE ENLISTING OF SOLDIERS. 
 
 Private P. Devlin was admitted into the hospital of the regi- 
 ment, when it was stationed in St. Helena, in consequence of an 
 extensive ulcer on the outside of one of his thighs, a little above 
 the knee, which mended rapidly under the use of common dress- 
 ings. Before the ulcer had, however, completely healed, the newly 
 formed skin was found one morning, to the extent of a half-penny, 
 in a sloughing state. Again the ulcer began to improve, and was 
 nearly skinned over, when the sloughing process reappeared. Sus- 
 picion was excited, and the hospital Serjeant and orderlies were 
 directed carefully to watch the man, with a view of detecting him. 
 At length the artifice was discovered. A soldier was in hospital, 
 in consequence of punishment, to whose back the man who had 
 the nicer applied a nostrum, and told him he might remain in hos- 
 pital as long as he pleased, provided he would inviolably keep the 
 secret. The application produced excessive pain, with inflammation, 
 and extensive sloughing of the back, and eventually the man 
 became alarmed, and told the whole story. The impostor who 
 made the application was tried by a court-martial, and received 
 corporal punishment. It was found that the irritant employed to 
 excite the sloughing was a slice of the - apple, a plant that 
 abounds in St. Helena, but the scientific name of which I have not 
 learned. 
 
 Unless in cases where ulceration is accompanied by varices, and 
 where the constitution is unsound, it is very rarely necessary to 
 discharge a man on account of this disability. 
 
 2. (Edema swelled leg. Diseases of the lower extremities 
 contribute in a remarkable degree to disqualify soldiers for military 
 duty, and although oadema or anasarca of a leg is a rare disease, 
 the simulation of this disability occurs occasionally. 
 
 A private belonging to the - regiment arrived at the invalid 
 
 depot, Chatham, from India, during the summer of 1829. He was 
 sent home in consequence of alleged elephantiasis of the left leg 
 and foot, which, according to the man's own statement, had super- 
 vened while he was suffering under an obstinate intermittent fever. 
 He was admitted into Fort Pitt general hospital, and the following 
 is an outline of his case at the time of admission. The left leg and 
 foot were greatly swollen : the swelling was remarkably firm ; the 
 integuments were dry, rough, and dark-coloured : the knee-joint 
 had partly lost its mobility. The man's general health was good, 
 and the enlargement of the lirnb was reported to have existed for 
 about eighteen months. Shortly after admission info hospital, it 
 was discovered that he had a bandage bound tightly round the left 
 thigh, which he stated he had "worn by the advice of his doctor, 
 for the purpose of preventing the disease from extending to his 
 belly." From this period, care was taken that he should not have 
 it it) his power to apply another ligature, and in the course of eight 
 or ten days the size of his limb was greatly reduced ; the skin had 
 in some degree assumed its usual colour, and hardly any symptom
 
 (EDEMA. 103 
 
 remained of the disability for which he had been admitted into 
 hospital, except a slight stiffness of the knee-joint, probably arising 
 from long-continued inaction. 
 
 22 17* 15 " 14 
 
 Dimensions of the limb in inches : 
 
 Thigh. Cf. of leg. Ankle. Instep. 
 On admission into hospital, 
 
 25th October, 1829, 
 Six days after the removal 
 
 of the ligature, 
 
 Mr. Jones, assistant inspector of hospitals, had a sergeant under 
 his care on account of swelling and inflammation of the right leg, 
 and the means usually adopted in like cases were employed withouf 
 success. Mr. Jones, at one time, thought there was an abscess in 
 the leg, and had a lancet in his hand for the purpose of opening it, 
 but. thinking the feeling of fluctuation not sufficiently obvious, he 
 desisted. From the anomalous character of the symptoms, Mr. 
 Jones suspected that some means were employed to excite and 
 prolong the affection, and, with the view of discovering whether his 
 suspicions had a good foundation, he visited the hospital one 
 evening when he was not expected, and, promptly proceeding to 
 the Serjeant's bed, turned off the bed-clothes, and discovered the 
 trace of a ligature round the thigh, for, notwithstanding his expe- 
 dition, the cord had been removed arid concealed. The swelling 
 had almost completely disappeared by the following morning. It is 
 worthy of observation, that the serjeant did not show the slightest 
 reluctance to the insertion of the abscess lancet when Mr. Jones had 
 it in his hand for that purpose. 
 
 (Edema and swelling of an arm have been excited by similar 
 means. Dr. Fallot gives an account of a soldier who was twice 
 admitted into hospital in consequence of swelling of the left fore-arm 
 and hand. During the first period he was in hospital, an incision 
 was made on the back of the hand, for the purpose of giving exit 
 to the contents of what was supposed to be an abscess, but nothing 
 escaped except some dark-coloured blood. The second time he 
 was admitted, it was discovered that the swelling was occasioned 
 by a ligature round the arm. 
 
 Isfordink once met with a case of anomalous disease of the 
 extremities, which had been artificially excited by means of a 
 ligature. The soldier complained of rheumatic pains, and after 
 employing a variety of remedial means he was directed to use the 
 warm bath. When he was undressed for the bath, the impress of 
 a titfht ligature was observed on each arm and leg; he seemed 
 to have applied a leather thong alternately to the different extremi- 
 ties.
 
 104 MARSHALL ON THE ENLISTMENT, ETC. OF SOLDIERS. 
 
 CLASS VII. Diseases and impaired Function of the Organs of 
 
 Locomotion. 
 
 1. Rheumatic pains. Under the head of rheumatism a great 
 number of soldiers are annually discharged. Chronic rheumatism 
 is an adequate cause for discharging a soldier, when it occurs in an 
 individual who has heeri long in the service with impaired general 
 health, enlargement of the joints, and extenuated extremities. 
 Rheumatism may, no doubt, attack young men, and disable them 
 for a longer or shorter period, but it rarely disqualifies an individual 
 permanently for military duty. 
 
 Rheumatism is frequently counterfeited by soldiers, more espe- 
 cially those who have served the period which entitles them to a 
 pension for life, provided they are discharged as disqualified for 
 military duty. These men commonly think that to gain their 
 object, it is only necessary to affirm that they have pain in some of 
 the joints, to put on the aspect of suffering, and affect decrepitude 
 or loss of power in the limbs. The back, loins, and hips are the 
 parts usually selected, the knee, ankle, and superior extremities less 
 frequently. In general, there is no adequate cause assigned for the 
 complaint, and no relief from remedial treatment is acknowledged, 
 and while real rheumatic affections are commonly aggravated by 
 changes of weather, the impostor complains equally at all times. 
 When he is asked how he is to-day, his usual answer is, " Just the 
 sam?, sir." Patients of this kind seem to think that the constant 
 use of a crutch or stick, and a ready submission to such remedies 
 as blisters, issues, &c. affords irrefragable evidence of the reality 
 and the alleged degree of their disability. When the disability is 
 real, the patient is commonly found in bed, or moving about very 
 leisurely; whereas, in simulated rheumatism, if we surprise cases, 
 they will frequently be found apparently at their ease, and enjoying 
 the amusements of their comrades. Perhaps there is no class of 
 disabilities which requires more care and more caution on the part 
 of medical officers than cases of alleged pain, rheumatism, lumbago, 
 <fcc., in men of comparatively short service. The most experienced 
 eye, the soundest judgment, and the most delicate tact may be 
 deceived ; for many a soldier has been discharged, and even pen- 
 sioned, in consequence of alleged chronic rheumatism, whose health 
 was good, and who satisfactorily demonstrated that he had the 
 complete use of his limbs almost immediately after he regained his 
 liberty. When the health is good, and the seat of the alleged pain 
 unaffected by swelling or increased temperature, a medical officer 
 will probably, in nineteen out of twenty cases, be safe in concluding 
 that no material, or at any rate no permanent disease exists. To 
 admit the allegation of wandering pains unsupported by physical 
 changes as an adequate cause for discharging youn^ men, is to 
 open a door for simulation, which it would be impossible to shut. 
 
 However frequently the existence of pain may be alleged with-
 
 RHEUMATIC PAINS. 105 
 
 out foundation, no man should be pronounced or even presumed to 
 be a malingerer until careful examination, hospital discipline, and 
 adequate observation, have afforded a medical officer the requisite 
 opportunity of arriving at a sound conclusion. The following 
 brief history of a case will show the propriety of this precaution. 
 
 When Dr. G was surgeon to the regiment, he 
 
 admitted a private into hospital, in consequence of a large ulcer of 
 the lea 1 , which was eventually presumed to be self-made. When 
 
 the soldier was discharged from hospital, Dr. G told him 
 
 that it was perfectly evident he had himself made the ulcer, and 
 recommended him to abstain from such practices, as care would be 
 taken that he should not continue them with impunity. In a few 
 weeks this man returned to hospital, complaining: of pain in the 
 articulation of the right thigh. There was no obvious swelling or 
 discoloration, and as he had the character of being a malingerer, 
 strong and apparently well grounded suspicions were entertained 
 that tlie alleged disability was merely pretended. The doctor did 
 not decide precipitately, but prudently resolved to allow some time 
 to elapse before he made up his mind on the case. Violent inflam- 
 mation eventually carne on, which terminated in permanent loss of 
 motion of the joint. This man was a profligate character, and 
 had lain in a state of intoxication on his right side in a ditch, 
 for nearly the whole night, previously to his being admitted into 
 hospital. 
 
 This case is very instructive. It strongly inculcates the propriety 
 of proceeding with great caution under all circumstances, and of 
 letting the evidence of neither good nor bad previous conduct 
 suspend a careful investigation of symptoms in each case. Finesse 
 will sometimes succeed in detecting imposture, when harsh mea- 
 sures would completely fail. 
 
 The late Dr. Davies, surgeon to the East India Company's depot, 
 Chatham, had a young soldier under his care, who alleged that, in 
 consequence of a severe pain of the back, he was unable to move 
 or to be moved from his bed. His alleged pain had existed for 
 about a month, and still no indication appeared that he intended to 
 return to his duty. For the convenience of being watched, &c. he 
 was accommodated in a ward by himself. Dr. Davies, who con- 
 sidered him an impostor, saw no prospect of his giving in a. 
 circumstance which induced him to adopt a very simple measure 
 for his detection. He went to the window of the ward in the dusk 
 of the evening, and after gently tapping upon the glass, he in a low 
 tone called the man by name, he was at the window in an instant, 
 and the doctor had the pleasure of congratulating him upon the 
 recovery of his locomotive faculty. This man went forthwith to 
 his duty. 
 
 Dr. Fallot succeeded in restoring a malingerer to his duty by a 
 new plan of treatment. A deserter who, after being for some time 
 pursued by the gens (Farmes, was eventually caught, and brought
 
 106 MARSHALL ON THE ENLISTIN ? G, ETC. OP SOLDIERS. 
 
 to Namur, alleged that he had lost the power of moving one of his 
 lower limbs, which was as plump and as warm as the other. Cup- 
 ping, blisters, and moxas produced no good effect. After being a 
 long time in hospital, Dr. Fallot adopted the plan of treatment 
 recommended for gout by Cadet de Vaux, namely, causing his 
 patient to swallow a large quantity of warm water. The man took 
 the first dose with apparent resignation, but his courage failed him 
 before it required to be repeated. Without giving any explanation, 
 or making any confession, he stated in a lew days that he was quite 
 well, arid able to proceed to his duty. 
 
 Mr. Bourchier, surgeon to the 36th regiment, succeeded in restor- 
 ing a man to the ranks, who had been long under his care for 
 alleged lumbago, by introducing a little tartar emetic into his food, 
 which produced the usual effects sickness and vomiting. The 
 man became alarmed, and forthwith sent for a priest. He soon 
 returned to his duty. 
 
 In no case should means be adopted to induce a suspected malin- 
 gerer to give in, which a medical cfficer would regret having 
 employed, were the disability to prove real. If a suspected patient 
 possesses sufficient fortitude to support a rigorous trial, the medical 
 officer who directed it will be regarded will) indignation, while the 
 patient is considered a martyr by his comrades. There is good 
 reason to conclude, that many a simulator has persisted in his plan 
 of endeavouring to obtain his discharge, and has undergone great 
 physical pain, even corporal punishment, without flinching. Dr. 
 Cheyne relates the case of a man "who pretended that he laboured 
 under rheumatism, and, after persevering for four months, bent 
 nearly double, was at last tried by a court-martial, convicted of 
 malingering, and sentenced to receive 300 lashes. One hundred 
 and fifty were inflicted without flinching, he obstinately declaring 
 his utter inability to stand erect." He gave in, however, on being 
 ordered out to receive the remainder of his punishment, and became 
 a good soldier. Had second punishment been declared illegal, 
 when this man was tried, it might have been supposed lhat he suf- 
 fered under a real disability. The custom of inflicting second 
 punishment prevailed more or less till within a few years; but it has 
 been gradually falling into desuetude since Mr. Manners Sutton 
 stated in the house of commons, in February, 1813, his opinion of 
 its impropriety and injustice. 
 
 2. Lameness old fractures. Soldiers are frequently proposed 
 for discharge in consequence of lameness, alleged to be the result of 
 a bruise or an injury, of which, perhaps, there is no other evidence 
 but their own testimony. Some men will persist for a number of 
 years, complaining of pain, and loss of power of an inferior extremi- 
 ty, and assert that they are unable to perform their duty, while 
 there is no obvious cause of lameness. In doubtful cases, a medical 
 officer may ask himself the following questions, Is it probable 
 that the circumstance to which the lameness is ascribed could
 
 LAMENESS. 107 
 
 occasion genuine disease? Is the alleged disability a consequence 
 of the ascribed cause? By attentively investigating these points, he 
 will probably arrive at as definitive a conclusion as the nature of 
 the subject will warrant. Simulators of lameness, like those who 
 feign other disabilities, are liable to give very exaggerated accounts 
 of their feelings; for example, they will assert that the uneasiness 
 occasioned by the application of a blister is excruciating, and that 
 it has excited a variety of tormenting sensations far beyond its 
 usual effects. 
 
 A fracture of a lower extremity is frequently assigned as a cause 
 of lameness, indeed, many soldiers seem to think that they ought 
 to be discharged when they happen to got a leg fractured ; and it 
 would appear, by a circular letter from the medical department, 
 dated 22d January, 1830, that a number of men are annually dis- 
 charged on this account, tn civil life, persons usually recover 
 completely from the disabling effects of a fractured limb; and there 
 seems no reason why soldiers should not be equally fortunate ; 
 apparently they have a much better chance of recovery than the 
 labouring classes of the community, inasmuch as, from the moment 
 of the accident, they are attended by a medical officer, and receive 
 not only the most appropriate treatment, but every necessary ac- 
 commodation which their situation requires. 
 
 When a soldier who has had a leg fractured wishes to obtain his 
 discharge and a pension, he commonly refuses to admit that he has 
 recovered the use of his limb ; he affects lameness, and complains 
 of pain at the part where the fracture took place, and upon these 
 grounds endeavours to establish his inability for duty, and conse- 
 quently his claim to be discharged. He frequently, however, fails 
 in his scheme by overacting. But it is not only the disabling 
 effects of an actual fracture which are sometimes feigned ; impostors 
 occasionally assert that a limb has been fractured, when no evi- 
 dence of it can be adduced but that of their own testimony. "While 
 I was employed in examining the inefficient men of the troops 
 stationed in the Northern and Norih British districts, I met with 
 three cases of this kind, where a thigh-bone was said to have been 
 fractured. Each of the men stated that the accident took place 
 while he was absent from the regiment, and while none of his com- 
 rades were with him. He walked lame, and the alleged fractured 
 lirnb seemed shorter than the other. There was no trace of callus, 
 or displacement of the ends of the bone, and the limb was not 
 extenuated. I soon discovered by what means the extremity 
 appeared to be diminished in length ; for when the men were placed 
 on their back, I found the muscles of the alleged infirm limb pow- 
 erfully contracted, while those of the other thigh were relaxed and 
 soft. All the three men were evidently great adepts in this means 
 of imposition, and, although they belonged to different regiments, 
 the plan they followed was very similar. 
 
 The disabling effects of disease of the hip-joint are sometimes 
 counterfeited by the same means, and for a similar purpose.
 
 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 The simulation of lameness is not confined to European soldiers. 
 Seapoys and native dragoons belonging to the honourable the East 
 India Company's service are not exempt from this military delin- 
 quency, as will appear by the following extract from a general order 
 issued by the Marquis of Hastings, Calcutta, 29th March, 1818. 
 
 "The cornmander-in-chief lakes this opportunity of cautioning 
 the men of the native cavalry against a practice which is under- 
 stood to be by no means uncommon among them, viz. that of men 
 who receive simple fractures, or other hurts by falls from their 
 horses, or other accidents, using means to distort their limbs, and 
 otherwise to retard and render imperfect the cure of such parts, for 
 the purpose of being placed on the invalid establishment; any man 
 found guilty of the practice in future is to be reported to head- 
 quarters, it being tho commander-in-chief's determination, not to 
 allow any malin&erer, or person guilty of using means to render 
 himself unfit for duty, to remain in the service or burden the invalid 
 establishment." 
 
 Isfordink succeeded twice in detecting a case of simulated lame- 
 ness, by giving his patient a drastic purgative, likely to operate 
 during night, and stationing a trustworthy orderly to watch his 
 passage to the water-closet. The first time he proceeded to the 
 closet, he limped all the way, but subsequently, being in grenter 
 hurry, and thinking himself not perceived, he moved with a free 
 and quick step. 
 
 The passion of fear is sometimes usefully excited in cases of 
 counterfeited lameness, by hinting the propriety and expediency of 
 adopting some disagreeable remediable means at a fixed period, 
 should no recovery take place before that time. When the actual 
 cautery has been talked of, a patient has sometimes regained his 
 efficiency before the period it was proposed to be applied. 
 
 3. Deformity of the spine. Of all disabilities which disqualify 
 men for military service, personal deformity would appear to be the 
 most unlikely to be feigned, as the imposture is so easily detected. 
 Malformation hns, however, been frequently simulated by recruits, 
 and in some instances with success. 
 
 E. Brady, a recruit for the 58th regiment, was approved by Mr. 
 M'Leod, lately surgeon to the 42d regiment, and acting district sur- 
 geon in Dublin, in August, 1819. He was forwarded to the army 
 depot, Isle of Wight, where he feigned malformation so effectually, 
 that a board of medical officers, which was assembled on the 4th 
 September, to report on his case, found that he was unfit for the 
 service, on account "of deformity of the spine and chest strong 
 inclination of the body to the right side, defective motion of the 
 right arm and leg pain on pressure upon the spinous processes of 
 several of the dorsal vertebrae." In compliance with the finding of 
 the board he was discharged ; he returned to Dublin, where he was 
 minutely examined on the 22d September, by Dr. Peile, deputy- 
 inspector of hospitals, the late Dr. Thomas Brown, and the late
 
 MUTILATION. 109 
 
 Mr. Todd, professor of anatomy, who found his spine and chest we!l 
 formed, no inclination of the body to the right side, or defect in the 
 power of motion of the right arm and leg; and that he did not 
 complain of pain on pressure upon the spinous processes of the 
 dorsal vertebras. But, previously to the latter examination, the 
 object for which deformity had been simulated, was obtained. In 
 January, 1822, Brady enlisted for the 89th regiment, and was 
 approved at Newry, by staff-surgeon R. J. Brown. The above case 
 is by no means a solitary instance of success in this variety of 
 imposition. T. Uarby, a recruit for the 59th regiment, was 
 approved by Dr. Thomas Brown during the autumn of 1821, and 
 transferred to the depot of the corps in the Isle of Wight. The 
 nature of the farce he acted there may be inferred from the sub- 
 joined copy of a report made on his case, by a board of medical 
 officers: "The board have minutely examined recruit. Timothy 
 Darby, 59th regiment, and find a curvature of the upper part of 
 the spine, with deformity of the chest and shoulders, the left shoulder 
 nearly two inches higher than the right, and the body slightly bent 
 forward, with the head inclining to the left side. He has been in 
 hospital upwards of two months, under observation and treatment ; 
 large caustic issues have been made on each side of the spine, and 
 the couofh and pain he complained of on admission are removed ; 
 the board are of opinion, that the deformity is incurable, and 
 recommend his removal from the service." This report is dated 
 10th December, and Darby was discharged on the 13th of the same 
 month, " in consequence (as his discharge stated) of a deformity in 
 the spine and chest." Dr. Brown having been furnished with a 
 copy of the above report very naturally inferred that there must be 
 some fr?iud in the business, as it was morally impossible that he 
 would have approved of so deformed an object as appeared to be 
 described by the board. Darby was intercepted on his return home 
 through Dublin ; and on the 21st January, 1822, he was inspected 
 by three eminent surgeons, Messrs. Colles, Todd, arid Cnsack, an 
 extract from whose report I shall subjoin: " We have this day 
 minutely inspected Timothy Darby, and we are of opinion, that he 
 does not labour under any disease or deformity of the spine or chest ; 
 on the contrary, he appears to be remarkably well formed." On 
 the 2d of November, 1825, Darby enlisted for the 87th regiment, 
 but apparently presuming that he would be rejected, on account of 
 the cicatrices of two large issues on his back, he refused to accept 
 of a smaller sum than five shillings as enlistment money from the 
 recruiting serjeant. He was brought to me for inspection, and I 
 found him fit for the service, being perfectly aware at the time 
 that Darby had been found unfit by a medical board. He was soon 
 after transferred to the depot of the 87th regiment, and finally 
 approved. 
 
 4. Contractions. The continued and rigid contraction of a joint 
 does not frequently occur among soldiers without some obvious ex- 
 ternal cause. This variety of disability used, however, to be very 
 8 b 8 mar
 
 110 MARSHALL ON THE ENLISTINU, ETC. OF SOLDIERS. 
 
 often simulated, and perhaps it is stili pretended occasionally. The 
 parts most frequently alleged to be affected are the neck, constitut- 
 ing an imitation of wry-neck ; the vertebral column simulating 
 crooked-back, the shoulder-join /, the elbow-joint^ the knee-joint and 
 ihe fingers. 
 
 Contraction of a joint is usually attributed to chronic rheuma- 
 tism, or to an injury. In consequence of inaction, and sometimes 
 by means of bandages put on by stealth, the alleged infirm limb be- 
 comes occasionally a little extenuated. Sometimes the suspicions 
 of a medical officer are not excited till an impostor presumes that 
 his success is nearly secure, in other words, that he has (; done 
 enough," and when a schemer happens to be transferred to the care 
 of a new medical attendant, his prospect of success becomes still 
 more certain. It is not always easy to arrive at a definite conclu- 
 sion in regard to an alleged disability of this kind, for medical offi- 
 cers well know that a considerable degree of disease may exist in a 
 joint without any well-marked external character. The investiga- 
 tion of each case should be conducted with care and patience, and 
 in this, as in most other alleged disabilities, a medic;il officer should 
 not profess to discover imposture at once even when the imposition 
 is pretty obvious. 
 
 Wry -neck. A man belonging to regiment was about to be 
 
 discharged from the service in consequence of this disability, when, 
 on account of intoxication, he was confined to the guard-room. Here 
 lie quarreled with his comrades, and, during the scuffle, forgot his 
 assumed infirmity, by which means the imposture was discovered. 
 
 Crooked-back. The perseverance with which this disability has 
 been simulated, and the irksomeness of the posture assumed by in- 
 dividuals, would greatly exceed belief, did the facts not depend upon 
 the most undoubted authority. 
 
 A man named Fitzgerald, belonging to the second battalion, royal 
 regiment, while serving in India, alleged that, in consequence of an 
 injury on his loins, he was unable to stand upright. For a period 
 of eighteen months he walked with his body bent forward in such 
 a manner that his fingers nearly touched the ground. Neither me- 
 dical nor moral means had any influence in restoring him to the 
 ranks. He held out until a communication was received from the 
 Horse Guards, authorising commanding officers to re-enlist men 
 whose period of service had expired, arid that, when approved, they 
 were to receive a bounty of sixteen guineas. This was the ease 
 with Fitzgerald; and two days after the arrival of the communica- 
 tion had been announced, he presented himself for inspection as 
 straight as a well drilled soldier before the medical officer under 
 whose care he had long been. Moral turpitude, not physical disa- 
 bility, prevented his being re-enlisted into the royal regiment ; but he 
 eventually enlisted in the 25th regiment of dragoons, which was at 
 that time in India. 
 
 Private J. W. regiment was sent home from India to be in- 
 valided, and on the 10th of June 1828, was admitted into Fort Pitt
 
 CONTRACTIONS. Ill 
 
 " : ., i L ^ - > 
 
 general hospital. He stooped so much that the upper half of his 
 body formed nearly a right angle with his inferior extremities, and 
 he usually moved from place to place by the help of a stick about 
 two feet long which he grasped by the middle. This disability was 
 eventually presumed to be feigned, and lie was consequently placed 
 on his back on the floor, under the superintendence of a medical 
 officer, when he held his legs in nearly a vertical direction, and com- 
 plained most piteously upon any attempt being made to put his in- 
 ferior extremities upon the same line with his body. This position 
 was reversed, arid for some time he supported himself on his head, 
 hands, and feet. He soon became tired of this state of prostration, 
 and at last, when he could endure it no longer, he stretched his legs 
 fully out, and lay flat upon his chest and stomach. He then warmly 
 expressed his gratitude to the medical officer for having so effect- 
 ually cured him of a disability under which he had so long suffered, 
 and observed, that, if the surgeon of the corps to which he belonged 
 had done as much for him in India, what a happy man he should 
 have been ! ! He was discharged to duty on the 7th August, 1828. 
 
 Crooked back is occasionally feigned in this country as well as 
 in India. I am aware of one case which was cured not long ago 
 by means of a warm-bath ; the patient was placed in a cask, and 
 water gradually added until he found it expedient to stand upright 
 to prevent being drowned ; he was not aware of the ultimate object 
 of the bath, and consequently he was in some measure taken by 
 surprise. 
 
 The shoulder-joint. A soldier belonging to regiment, 
 
 while it was serving in the Bombay presidency, was brought before 
 an ''invaliding board," in consequence of alleged immobility of the 
 right arm, which projected from the shoulder, forming a right angle 
 with the side. Nothing satisfactory could be ascertained in regard 
 to the origin of the disability. The evidence of the medical officer 
 under whose care he had been, together with that of his comrades, 
 tended to prove that the arm had been unintermittingly extended 
 in the manner described for a period of about sixteen months, and 
 that, although various means had been employed to flex the shoul- 
 der-joint, they all had been ineffectual. The invaliding board 
 recommended him to be dischar^ed^ as being unfit for the service ; 
 and this recommendation was subsequently approved by the medical 
 hoard at Bombay. Just on the eve of embarkation, the man in 
 question was walking with a large bottle of arrack under his left 
 arm, when a person approached him unperceived and seized it. 
 bearing that the prize might be lost, he instinctively bent the right 
 shoulder-joint, and firmly grasped the bottle with the right hand. 
 This circumstance was accidentally observed by an officer who 
 knew him: the man was forthwith tried by a court-martial, and 
 sentenced to receive 1000 lashes. 
 
 It is probable that the immobility of the shoulder-joint was 
 simulated in imitation of the Indian Fakirs, who exhibit strange
 
 112 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 displays of self-penance and mortification. I received my infor- 
 mation in regard to this case from the president of the "invaliding 
 board" which recommended the man to be discharged. 
 
 The elbow-joint. When Dr. G. was on duty at York hospital 
 as staff-surgeon, a serjeant belonging to the German legion was 
 admitted a patient, in consequence flf an alleged contraction of the 
 elbow-joint of the right arm. This man bore a remarkably good 
 character, as may be inferred from the circumstance of his having 
 been for a number of years orderly-serjeant to a general officer. 
 Documents accompanied him to the hospital, testifying the fact of 
 his having, while on duty, met with an accident, to which the 
 lameness of his arm was attributed, and also bearing evidence of 
 his excellent moral and military character. Dr. G. did not suffer 
 himself to be put off his guard by testimony; but, having carefully 
 examined the arm, came to the conclusion, that, in all probability, 
 the disability was feigned. The means of detection were ingenious 
 and successful. He placed a small cushion between the arm and 
 side of the serjeant, so as to prevent him from resting the elbow on 
 the hip. He then held his own arm in a position similar to that of 
 the Serjeant's, and desired an assistant to append, by degrees, equal 
 weights to his hand, and to that of the patient. Dr. G.'s arm 
 became overburdened, and, being unable longer to support the 
 weights, he straightened his elbow-joint, and placed them on the 
 floor. The serjeant continued, however, to keep the joint in a flexed 
 state, but at length the arm began to quiver; a circumstance which 
 the doctor quickly noticed, and coming unperceived behind him, 
 completed the extension by the aid of his hand. 
 
 The knee-joint. Cases of simulated contraction of this joint 
 are not rare. One occurred in the Royal regiment in India. The 
 medical officer who had charge of the regiment was satisfied that 
 the disability was feigned ; for although he could easily straighten 
 the leg, it was instantly retracted when the force applied was with- 
 drawn, but the impudent impostor would not give in. He was 
 transferred to the care and discipline of the commanding-officer, 
 who directed him to be paraded daily at the orderly room, where 
 he was extended on a cot or platform under his own superin- 
 te,ndence, and the contracted limb straightened and retained in this 
 condition for about two hours. Day after day the same process 
 was repeated for a long time, without any advantage, and, after a 
 period of about eighteen months, the patience of the commanding- 
 officer became exhausted, and the man was discharged. 
 
 I had a case in many respects similar under my care ; a Mussul- 
 man, a native of Bengal, enlisted in the troop of Ceylon cavalry, 
 but after a few weeks, he alleged that his right knee-joint had 
 become contracted, and that he was lame. I succeeded easily in 
 straightening the limb without effecting any permanent advantage; 
 he continued to persist in simulating lameness with so much
 
 CONTRACTIONS. 
 
 113 
 
 perseverance that, although it was quite obvious he was an impostor, 
 he obtained his discharge. 
 
 The fingers of a hand. A man of the 52d regiment alleged 
 that the fingers of his right hand had suddenly, and without any 
 obvious cause, become contracted, by which means his fist was 
 permanently closed. He was long in hospital, but the disability 
 remained. General Ross, who then commanded the corps, directed 
 him to be confined in a solitary cell, in which was an elevated 
 shelf; his left hand was secured to his body, and a loaf of bread 
 and a pitcher of water were placed upon the shelf, so that he could 
 not partake of them without employing the contracted hand. At 
 the end of the first twenty-four hours the bread and water were 
 untouched, but, by the termination of another diurnal period, the 
 bread had disappeared, and the pitcher was empty. The soldier 
 returned to his duty. 
 
 It is in general much more difficult to deal with an exaggerated 
 disability than with a completely feigned infirmity. A medical 
 officer belonging to the depot of a regiment, lately approved of a 
 recruit for the corps, and probably, from omitting to follow the 
 prescribed routine for the examination of recruits, a slight contrac- 
 tion of a finger escaped notice. Nothing was said of this blemish 
 until the recruit was some time at drill, and had become tired of 
 being a soldier, when he asserted from day to day that he was 
 unable to handle the musket. Every attempt to induce him to 
 do his duty failed, and the medical officer, rather than have his 
 oversight reported to the authorities, deposited 20 for the pur- 
 pose of purchasing the man's discharge, by which means he left 
 the service. 
 
 The investigation of a case of alleged contraction of a joint 
 should be conducted with much care and patience, and no fact 
 connected with the history of the disability should escape due 
 attention. Mildness, firmness, attention, and perseverance, will, I 
 believe, in general succeed in satisfactorily discovering whether it 
 is real or feigned. Various means have been employed in suspi- 
 cious cases of contraction, and sometimes a measure which has 
 been successful in one case, has failed in unveiling truth in another. 
 A tourniquet applied to the thigh in a case of contracted knee-joint 
 has an excellent effect, in destroying the voluntary action of the 
 muscles, arid in relaxing simulated rigidity. Some men cannot 
 endure repeated shocks of electricity, and consequently report 
 favourably of its influence in restoring the motion of a stiff-joint; 
 other individuals will bear the application of this agent in almost 
 any degree without flinching. 
 
 It is frequently useful to depart from the usual mode of exam- 
 ining a case of alleged disease when its existence is doubtful. I 
 recollect being asked to look at an old soldier who had been long 
 in a civil hospital on account of alleged contraction of the left 
 knee, and after approaching the side of the bed. and examining the
 
 114 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 knee, I desired him to lie upon his face, by which means the right 
 leg assumed the place of the left. I then placed my hand upon the 
 right knee, which became gradually flexed, while the contraction 
 of the left knee disappeared. This man's attention was so com- 
 pletely engaged with the right knee when it was under examination, 
 that he forgot that it was his left knee which he had alleged was 
 contracted. 
 
 5. Mutilation. I am not aware that any regulation has been 
 issued in this country, specifying the smallest degree of the muti- 
 lation of a hand or a foot, which would warrant a soldier being 
 discharged as disqualified for military service; but conscripts are, 
 in the eye of the law, soldiers, and the following rule which obtains 
 in the French and other continental armies may, so far at least as 
 efficiency is concerned, apply also to soldiers in the British army. 
 
 France. The total loss of a thumb, or a great toe, or the index- 
 finger of the right, hand, or two fingers of one hand, or two toes 
 of one foot. 
 
 Prussia. Loss of a thumb, or the index-finger of the right hand. 
 Loss of a great toe. 
 
 Netherlands. Loss of a thumb, or of a great toe, or of the 
 index-finger of the right hand, of two fingers of one hand, or two 
 toes of one foot. 
 
 Belgium. Loss of a thumb, or of the first phalanx of an index- 
 finger, or of more than one finger or toe. 
 
 The loss of a thumb, or the index-finger of the right hand, or a 
 great toe, unfits a soldier for duty, and warrants his being discharged; 
 but the loss of any other finger or toe does not, I presume, completely 
 disqualify him for the army. 
 
 Mutilation has been long practised by conscripts as a means of 
 exemption from serving in the army, and by soldiers for the purpose 
 of being discharged from the service. Constantino made a law, 
 directing that soldiers who mutilated themselves should be branded, 
 and that they should not be discharged ; but be employed at what- 
 ever labour they were capable of performing. Valentinianus and 
 Valens confirmed this law, and ordered that the mutilators should 
 be still more severely punished. The practice of mutilating the 
 hand, by cutting off some of the fingers, became frequent in the 
 time of Theodosius, both among soldiers and persons in civil life 
 who were liable to be called to serve in the army. This emperor 
 confirmed the laws formerly enacted in regard to poltroons (pollico 
 truncus}, persons who had b^en guilty of hand-maiming; and, in 
 consequence of the difficulty which some of the provinces had to 
 raise the full quota of efficient men, he directed that two mutilated 
 conscripts should be allowed to reckon as one man of a prescribed 
 levy. Thumb-maiming must have been very common at one 
 time, when it required such severe enactments against it, and gave 
 origin to the term poltroon, a coward, a dastard, or mean-spirited 
 fellow. 
 
 Conscripts for the French army are, by a circular letter of 1819.
 
 MUTILATION. 115 
 
 to be finally approved, although they are mutilated, if it shall appear 
 that the mutilation was voluntary. The councils of revision 
 examine minutely info the circumstances of each case, and when it 
 appears that mutilation has been effected intentionally, the follow- 
 ing observation is appended to the departmental list : " The council 
 
 is satisfied that has mutilated, or caused himself to be 
 
 mutilated, for the purpose of evading a leoral obligation." These 
 cases are directed to be reported to the minister at war, who gives 
 directions in regard to their future destination. 
 
 These facts show the importance which the voluntary mutilation 
 of conscripts and soldiers obtained both under the Roman govern- 
 ment, and also at present in France. Until lately, the British, 
 soldier, having not only the prospect of liberty, but also of an 
 annual pension, had a greater inducement to commit this crime 
 than the conscripts or soldiers of either of these countries, and 
 consequently voluntary maiming was at one time practised to a 
 considerable extent. During a period of four years, immediately 
 previous to 1829, twenty-one soldiers were pensioned for life in 
 Ireland, in consequence of being disabled by the explosion of their 
 own muskets. The disabilities thus occasioned, invariably con- 
 sisted of mutilations or injuries of the right or left hand. That 
 most, if not all of these cases of maiming were voluntarily inflicted, 
 hardly adtnits of a doubt. It cannot have escaped the notice of 
 officers that, when a soldier meets with an accident, it is almost 
 always in the fingers, and many more mutilations take place while 
 men are on furlough living with their friends, whom they do not 
 wish to leave, than at any other time. 
 
 I have no means of knowing the number of men who may be 
 annually discharged in consequence of injuries accidentally re- 
 ceived or voluntarily inflicted, without which branch of information 
 I am unable fully to show the importance of the subject under 
 consideration. 
 
 Suicide, which is the highest degree of mutilation, is, I believe, 
 more frequent among soldiers than among men of the same age and 
 rank in civil life. The ratio of cases of self-murder among the 
 cavalry branch of the service has been found to amount for a series 
 of years to one suicide out of 20 deaths, or nearly one annually 
 per 1000 of the strength. It is obvious that this statement does not 
 comprehend the number of men who attempted suicide, but merely 
 the cases where the result was fatal. 
 
 The practice of maiming has been so frequent in some regiments 
 as to appear epidemic. The author belonged to a regiment in 
 which -nine men maimed themselves in the course of six weeks, 
 and in every instance the injury was presumed to have been inflicted 
 voluntarily. The explosion of their own muskets was the plan, 
 they invariably adopted to effect their purpose ; and the injury was 
 always in a foot or a hand. They all, as may be inferred, attributed 
 the explosion of the musket to accident, and not to design ; but 
 one man who maimed himself in a necessary, found much difficulty
 
 115 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 to account for his taking a loaded musket into a place of that kind. 
 Very lately when regiment was at Cork, and about to 
 embark for the West Indies, four of the men made their appearance 
 with the first joint of the thumb of the right hand mutilated. 
 Voluntary mutilation sometimes takes place under very extraordi- 
 nary circumstances, even during a conflict with an enemy. 
 
 During the insurrection of the Kandians in 1818, a private, and 
 
 a tailor by trade, belonging to regiment, and who had been 
 
 only a short time in the service, was on sentry a little in advance 
 of a post occupied by British troops, and while on this duty he was 
 occasionally fired at by the enemy from the surrounding jungle. 
 This man was found severely wounded, the calf of the left leg 
 being greatly torn, the whole charge of a musket having passed 
 through it. He attributed the wound to a shot from the enemy; 
 but the black charcoal on the leg, the nature of the injury, and the 
 recent explosion of his own musket, told a different tale. He was, 
 along with other men of the regiment, discharged, and received a 
 pension of sixpence a-day. When I was on duty in Edinburgh as 
 staff-surgeon, (1823,) a pensioner applied to me to report on his 
 case, in consequence of an alleged aggravation of the disability for 
 which he had been discharged, with a view of moving the lords 
 commissioners of Chelsea hospital to increase his pension. He 
 complained of a pectoral affection ; but 1 learned from his "instruc- 
 tions," that he had been discharged on account of a gunshot wound 
 in the leg, the cicatrix of which he uncovered with great reluctance, 
 and by this means I recognised my old patient the tailor. He 
 disappeared without repeating his solicitation for me to report upon 
 his alleged pectoral complaint. 
 
 In the course of about three years, or from 1819 to 1821, inclu- 
 sive, a great number of soldiers belonging to the Bombay European 
 regiment and artillery, mutilated themselves principally by cutting 
 off a thumb. Sometimes the wrist-joint of the right arm was 
 destroyed by a gunshot wound. At first, these men were sentenced 
 by a court-martial to undergo severe corporal punishment., which 
 they received previously to being discharged ; but this measure did 
 not arrest the progress of what may be considered an epidemic. 
 Subsequently solitary confinement for twelve months was substi- 
 tuted for flogging, and apparently with good effect, and examples 
 of mutilation became much less frequent than they had been 
 formerly ; the long protracted period which elapsed before the men 
 were sent home was supposed to have had a greater influence in 
 discouraging mutilation than corporal punishment. 
 
 When soldiers are tried by a general court-martial for maiming 
 themselves, the result is sometimes published in general orders in 
 the following manner: 
 
 G. O. 28th February, 1816. At a general court-martial, private 
 J. Lennon, of his majesty's Royal Scots, was arraigned upon the 
 undermentioned charges, viz.
 
 MUTILATION. 117 
 
 1st. Highly unsoldier-like conduct, in wilfully disabling himself 
 by firing a musket ball through his left hand on the night of the 
 23d, or morning of the 24th instant. 
 
 2d. For making away with one round of ball cartridge issued 
 for field service, camp at Akowla, 24th September, 1815. 
 
 Finding" guilty sentence, to forfeit all benefit arising from his 
 former services, and to receive 1000 lashes. Confirmed. 
 
 (Signed) J. HISLOP, Lieut.- General 
 
 The 26th and 27th articles of the pensioning regulations of 1829 
 direct, that, whenever a soldier is maimed, the circumstances of the 
 case are to be investigated by a court-martial, and when it shall 
 appear to the court that the injury in question was the effect of 
 design, the soldier shall not be discharged. In such cases, the 
 evidence of a medical officer in regard to the means by which a 
 wound was inflicted will very generally be required, and his 
 testimony ought invariably to be given with much caution ; for, 
 notwithstanding the greatest skill and attention, he will sometimes 
 find it not an easy matter to satisfy himself respecting the cause of 
 the injury. A careful examination of the wound, aided by collateral 
 circumstances, will, however, in rnauy cases, lead to a satisfactory 
 conclusion. Very few individuals who mutilate themselves consider 
 beforehand in what manner they are to answer the questions, how, 
 when, and where the accident happened, and to explain all Ihe 
 
 accessary circumstances. A private in regiment, to which 
 
 the author belonged, was one morning dividing the meat for the 
 different messes of a company, when he cut off the thumb of the 
 left hand. The mutilation was stated to be the result of accident, 
 but when the amputated portion of the thumb was examined, a 
 deep incision was found in it, obviously showing that the amputation 
 must have been voluntary, and that it had not been accomplished 
 by the first stroke of the cleaver. 
 
 A court-martial, when occupied in the investigation of a case of 
 maiming, would require to devote great attention even to minute 
 incidents, for voluntary mutilation occurs sometimes under very 
 remarkable circumstances. There was an instance of voluntary 
 
 mutilation in regiment not long ago. A soldier attempted 
 
 to mutilate a thumb, but his courage failed him, and the operation 
 was effectually concluded by his wife. A soldier who was at the 
 time quartered in the Dublin depot barracks alleged, that, in con- 
 sequence of falling forwards upon a fractured glass bottle lying at 
 the bottom of the barrack stair, he had a thumb nearly amputated ; 
 in fact, a small portion of skin on the palmar side of the hand was 
 all that remained. He could not explain why the thumb should 
 have been wounded towards the back of the hand by his falling 
 forwards, he received 300 lashes. A dragoon asserted that his 
 horse bit off the left thumb when he was feeding him, but the traces 
 of blood on the man's sword satisfactorily demonstrated that a more 
 artificial instrument had been employed than a horse's teeth. Dr.
 
 118 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 Pal lot skives an account of a soldier, who, intending to destroy his 
 eyes, threw a quantity of sulphuric acid on his face, but, as the 
 eyelids were instinctively closed when he moved his hand, the 
 eyes were not injured. This man made several very unsuccessful 
 attempts to explain by what means the acid was applied to his face. 
 In countries where the armies are recruited by conscription, the 
 mutilation of young men who may be enrolled for military service 
 is not unfrequent; but, as far as I know, the following circum- 
 stance, which marks the popular dislike to the army, is unique in 
 this country. 
 
 " A dissolute son of a widow, at Longashford, some time since 
 enlisted as a soldier, to the great grief of his parent, who, with much 
 difficulty, succeeded in obtaining his release. He has since fre- 
 quently threatened to take the same step, with the view of obtaining 
 from his mother any object he desired. On Monday he came home 
 intoxicated, and his mother, believing that he intended to carry his 
 threat into execution, had recourse to the following extraordinary 
 expedient for its prevention. With the assistance of her daughter, 
 while her son was asleep, she bandaged his wrist to prevent 
 hemorrhage, and the daughter having placed the fore-finger of his 
 right hand on a block, the mother actually chopped it off with a 
 hatchet a liltle beyond the first joint." United Service Gazette, 
 12th Nov. 1837. 
 
 Perhaps the most remarkable investigation which ever occurred 
 in regard to the mutilation of soldiers happened at Douane, near 
 Dresden, 19th June, 1813. After the battles of Lutzen and Bautzen, 
 it was represented to Napoleon that a great number of the wounded 
 had merely lost fingers, or had their hands injured by musket-balls, 
 and suspicions were entertained that the wounds had been volun- 
 tarily inflicted. A board of medical officers was directed by the 
 emperor to assemble for the purpose of examining 2632 soldiers, 
 each of whom had been wounded in a hand. Barren Larrey was 
 appointed president of the board. The examination of each man 
 was made with great care; 1st. In regard to the disabling effects 
 of the wounds; 2dly. In regard to their immediate causes; 3dly. 
 Respecting the circumstances which preceded and attended the 
 infliction of the injuries. 
 
 The board, after mature deliberation, came to the conclusion, 
 that it was impossible to distinguish between wounds occasioned 
 by the fire of an enemy and injuries voluntarily inflicted, and con- 
 sequently they reported that there was no satisfactory evidence 
 of any of the soldiers under examination having mutilated them- 
 selves. 
 
 During the year 1833, 176 soldiers in the French army were 
 convicted of the crime of voluntarily mutilating themselves, being 
 relatively as 1 to 39 of all the other convictions, and actually as 1 
 in 2262 of the strength of the army. 
 
 Soldiers commonly maim themselves to obtain their discharge,
 
 WOUNDS. 119 
 
 and sometimes even (o become convicts, as was the case in New 
 South Wales a few years ago. The men were ordered to he kept 
 in the regiment to which they belonged, and to perform the duties 
 of scavengers. "The commanding officer lalely complained that 
 he had six or seven of these maimed men, who were a dead weight 
 and a disgrace; but the example is so important, that the com- 
 mander-in-chief has directed the commanding officer to keep them 
 as long as they live, as a warning to others to avoid the same fate." 
 (Evidence of ISir Henry Hardinge before the Commissioners 
 on Military Punishments.} 
 
 When regiments are kept for a long time in a station which the 
 soldiers do not like, they sometimes mutilate themselves. During 
 the last century, maiming became so prevalent among the troops 
 stationed in Minorca, as 'to lead to an investigation by parliament 
 into the circumstances to which it was attributable. Major-General 
 Anstruther, who was then lieutenant-governor, in his examination 
 before the lords, being desired to acquaint the house with some 
 examples of the despair in the soldiers, answered, "There have 
 been a good many instances of soldiers upon that island shooting 
 off their hands, and some of them shooting off their feet, and some 
 of them shooting themselves through the head, of those who have 
 been longest there, by which your lordships will observe they will 
 incapacitate themselves from earning their bread at home rather 
 than continue there." The 9th regiment served from 1719 to 1746, 
 a period of twenty-seven years, at Minorca. 
 
 0. Wounds. In the warrant of 1829, disabilities arising from 
 wounds received in action, and which disqualify soldiers for mili- 
 tary duty, have been arranged under four classes or degrees, each 
 class conferring a particular rate of pension; but in the warrant of 
 1833 they are classed under three heads. I am not aware, how- 
 ever, that medical officers are called upon to give an opinion in 
 regard to the class to which a man's disability entitles him to 
 belong, their province being confined to a decision upon the dis- 
 abling effect, and the cause of an infirmity. Every man's state- 
 ment in regard to his disabilities and consequent claims upon the 
 service demands a candid unbiassed investigation: but the opinion 
 given upon the disabling effects of an injury must be founded on a 
 knowledge of the anatomy and functions of the organs implicated. 
 
 A medical officer will require to exercise much discretion in re- 
 gard to the alleged cause of wounds, as also in regard to the dis- 
 abling effects of injuries. Dr. Hennen informs us that the cicatrices 
 of common ulcers have been shown as gunshot wounds, and he 
 states that he once saw the mark of a square blister pointed out as 
 the effect of contusion from a ball. 1 was once requested to visit 
 an officer for the purpose of dressing a gunshot wound of the left 
 arm, which he alleged had been received during a conflict with the 
 enemy. He commanded a small detachment a few miles in ad- 
 vance of the post where I was stationed, and left his party in order 
 that, as he stated, I might examine and dress his wound. Upon
 
 120 MARSHALL ON THE ENLISTING, ETC. OP SOLDIERS. 
 
 inspecting the site of the alleged injury, no wound could be dis- 
 covered except an abrasion of the cuticle, about the size of a large 
 pea, which appeared to have been done wilh a penknife. Care had 
 been taken to destroy the sleeve of the jacket, so that it was im- 
 possible to obtain any information respecting the cause of the 
 alleged wound by examining the clothes. I recommended the 
 officer to return forthwith to the station he commanded, and he 
 followed my advice. 
 
 Soldiers sometimes calculate largely upon the credulity of medi- 
 cal officers, as will appear by the following instance. 
 
 W. Dempsy was approved by Dr. John Brown, at the Dublin 
 depot, for the 83d regiment, in the month of February 1813, and 
 transferred in the usual way to Dunbury barracks, the quarters of 
 the depot of the regiment. He was there "surgically rejected," in 
 consequence, as stated, of having a " plate inserted" in his skull. 
 According to Dempsy's own account of himself, he had served in 
 the Phosnix frigate, and was shipwrecked in her, when he met 
 with an accident by which his skull was fractured; a circumstance 
 that rendered the insertion of a plate necessary. In consequence 
 of this fictitious disability he was discharged, and immediately after 
 a letter was addressed to the commander of the forces in Ireland by 
 the adjutant-general, signifying his royal highness' "command, that 
 the expenses incurred by the enlistment of William Dempsy must 
 be paid by Dr. Brown, who does not appear to have used due atten- 
 tion in the examination of this man;" observing at the same time, 
 that Surgeon Brown's experience might have taught him, that in 
 general no dependence is to be placed on the assertion of those who 
 offer themselves as recruits in the Dublin district; and that, in 
 order to guard against the like imposition being again practised, 
 and to avert the consequence resulting from it, he will no doubt 
 see the necessity of trusting only to his own judgment, and of not 
 depending upon what any recruit may himself advance. The 
 same man appeared at the depot, under the name of C. Dempsy. as 
 a recruit for the 12th regiment, on the 18th May 1813; he was 
 recognised by Dr. Brown, who. after examining him carefully, was 
 of opinion that his skull had never been fractured. He was next 
 examined by the army medical board, whose certificate, attested by 
 the signatures of Drs. Harvey and Renny, stated, that " Dempsy is 
 fit for service, as every part of the skull appears at present to be 
 perfectly firm and sound." He was transferred to the army depot 
 in the Isle of Wight. 
 
 CLASS VIII. Diseases find Lesions of the Lymphatic System, 
 and of the Constitution generally. 
 
 1. Scrofula. Men who are labouring under scrofulous affec- 
 tions are occasionally brought forward by regimental medical 
 officers for the purpose of bein? discharged. The more common 
 symptoms of this disease are great enlargement of the lymphatic
 
 CACHEXY, 121 
 
 glands, especially of the neck, which is sometimes accompanied by 
 a tuberculous disorganisation with, or without, on ulceration of the 
 parts affected, sinous ulcers, swelled joints, &.c. As the general 
 health of persons who suffer under the external symptoms of scro- 
 fula is seldom good, they rarely become efficient soldiers. Well- 
 marked scrofula, when the symptoms disable a man for duty, is an 
 adequate cause for discharging him from the service, even although 
 the disease is not of long standing. 
 
 2. Cachexy. Under this head a considerable number of men are 
 discharged from the service. The origin of the alleged inefficiency 
 is usually attributed to organic disease, sometimes indicated by 
 emaciation, and other symptoms of marasmus. The existence of 
 visceral disease may be ascertained, in so far as pathological facts 
 can be appreciated, by means of percussion, auscultation, pressure, 
 the aspect of the person under examination, and by the history and 
 duration of the disease. The term cachexy comprehends a great 
 variety of disabilities, including those occasioned by disease con- 
 tracted in tropical climates, together with the disabilities which 
 result from syphilis, or the remedial means adopted for its cure, and 
 that numerous class of physical and moral infirmities which accom- 
 pany an abuse of ardent spirits. The diseases of tropical climates 
 frequently occasion extensive organic derangement, which injures 
 the functions of the viscera, and often permanently impair the 
 health and efficiency of soldiers who are its victims, and many a 
 soldier who would enjoy good health and be efficient in every re- 
 spect, destroys his constitution by habits of intemperance, and dis- 
 qualifies himself for the army. A moral disease of so intractable a 
 nature as drunkenness, and one so intimately connected with phy- 
 sical disability, frequently incapacitates a man for military duties, 
 and therefore is too often an adequate cause of discharge from the 
 army. Tfiis observation must, however, be limited to extreme 
 cases, and particularly to men who are frequently in hospital on 
 account of the consequences of habits of intemperance, and who 
 are found, after long trial, to be incorrigible drunkards. 
 
 By the abolition of an indiscriminate issue of spirit- rations to 
 soldiers on board ship and in foreign stations, one important ex- 
 citement to habitual intemperance among them has been removed. 
 So long as a quantity of spirits (amounting in India to the twentieth 
 of a gallon) formed part of the regular diet, or daily ration of a sol- 
 dier, which he was obliged to swallow or throw away, what rational 
 hope could be entertained that the exertions of commanding officers, 
 however well directed, would have much influence in preventing 
 habits of inebriety among the men under his command more 
 especially in countries where spirits were cheap, and easily pro- 
 cured by soldiers? The daily use of spirits is not necessary for 
 the efficiency or health of troops in any climate, and the abuse of 
 spirituous liquors is a fertile source of inefficiency, disabilities, dis- 
 ease, and crimes, both moral and military. To swallow nearly 
 half a pint of spirits daily was, until the abolition of spirit-rations,
 
 122 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 a part of the duty of a. soldier; and that this duty might be effectu- 
 ally executed, it was the usage of the service in many stations to 
 have it performed under the immediate superintendence of a com- 
 missioned officer, who certified to his commanding officer that he 
 had actually seen each man drink his drams. Perhaps a more 
 successful plan of converting temperate men into drunkards could 
 not have been invented. It would be difficult to speak too highly 
 of the discrimination of Sir Henry Hardinge, in perceiving and 
 appreciating the evils of the practice, and of his firmness and judg- 
 ment in remedying the abuse. 
 
 For temporary purposes, such as to evade a duty, and to obtain 
 sick leave from a foreign station, cachexia or general bad health is 
 sometimes simulated by swallowing nauseating medicines, such as 
 a solution of tartar emetic, &c. A medical officer informed me 
 that he succeeded in feigning sickness so as to obtain leave of 
 absence from the West Indies, by indulging freely in wine, and 
 depriving himself of sleep for two or three nights immediately be- 
 fore the day he was to be examined by a medical board; his dis- 
 ordered attire, unshaven chin, sunken eye, depressed lower jaw, 
 pale and contracted countenance, tight clothing, aided by a pair 
 of excessively large boots, which he borrowed from a friend, so 
 changed his usual appearance, that he was scarcely recognisable 
 by his acquaintance. The board decided at once that he should 
 have leave to proceed to England. 
 
 3. Dropsies. The number of men discharged from the service 
 under this head is considerable, being, according to the circular 
 letter of 22d January 1830, rather more than 50 annually. As the 
 diseases of which dropsy is frequently only a symptom are rarely 
 long protracted, it becomes the duty of a medical officer to deliberate 
 whether a man thus affected should not be accommodated in hos- 
 pital until the issue of his case be determined. 
 
 4. Worn out. On the 19th August. 1823, a warrant was issued 
 from the war office, which authorised the admission of soldiers on 
 the pension list, who had been dischaged and had claims to the 
 out-pension arising from service alone, without personally appear- 
 ing before the commissioners of Chelsea Hospital, and as it does 
 not appear to have been necessary to assign a specific disability for 
 a man's unfitness for further service in his discharge, the indefinite 
 term "worn out" was very generally adopted. When the term in 
 question was applied to men who had served above 14 or 21 years 
 in the infantry, or above 17 and 24 in the cavalry, the periods 
 when pensions might be granted, its meaning was pretty well 
 understood; but when it was employed in the case of men who 
 were discharged after very short service, and in consequence of 
 being disabled by disease, it conveyed no specific information. The 
 warrant of 18^3, (which was cancelled by the warrant of the 14th 
 November 1829,) excited a very general belief in the army that a 
 soldier had a right to claim to be discharged, and to receive a pen- 
 sion after serving a certain number of years, even although he had
 
 PALSY. 
 
 123 
 
 enlisted for unlimited service, or, in other words, engaged to serve 
 until fie was discharged. By the warrant of 1829, the disease or 
 cause of incapacity of every man who is proposed to be discharged 
 on account of unfitness for service is directed to be specifically 
 stated by a medical officer, for the purpose of being transmitted to 
 the general commanding in chief, without whose authority no man 
 is to be discharged. When a man wishes to leave the army, he 
 endeavours to establish a claim for his discharge from the service, 
 by alleging that he suffers under some disabling infirmity; and if a 
 soldier has served 21 years in the infantry, or 24 years in the 
 cavalry, medical officers are commonly very much disposed to give 
 ample credit to his statement. The ratio of men who are serving 
 in the infantry of the line abore 21 years service is very low, being 
 about from two to three per cent. This circumstance may depend 
 upon two causes, first, the men may be disabled or "worn out" by 
 that period of service, or, secondly, because, by the pensioning 
 regulations, every man enlisted before the 14th of February 1833, 
 who is discharged on account of the public service, in other words, 
 in consequence of unfitness for service, after having served the 
 respective periods of 21 and 24 years, is entitled to a pension for 
 life. When an old soldier wishes to leave the service, he is not in 
 general long in attaining his object. The Romans appear to have 
 been very careful that none but really inefficient soldiers should be 
 discharged as disabled for military service. Bruce, in his Institutes 
 of Military Law. states, " That dismission on account of age, in- 
 firmity, <fec. was not lightly, nor of course granted by the Roman 
 generals. For before it could be competent, there behooved to pro- 
 ceed a solemn declaration of physicians that the person was utterly 
 unfit for further service. And if thereafter it was discovered that 
 the dismission was obreptitiously procured, the impetrant was or- 
 dained to be heavily fined." 
 
 CLASS IX. Diseases and Lesions of the Nervous System. 
 
 1. Palsy, partial or general. Palsy is usually indicated by a 
 diminution or abolition of the muscular power, with a partial or 
 total loss of sensation in the part affected. When a soldier has 
 been under treatment on account of this disease in an extremity 
 for a few months without success, little hope can be entertained 
 that he will ever become fit for military duty, and. consequently, 
 he may be recommended to be discharged. The first and principal 
 object is to ascertain whether the disease exists, for when no doubt 
 is entertained of the existence of palsy, the man may be considered 
 unfit for the army. 
 
 Palsy is easily and frequently simulated, and, in many instances, 
 considerable difficulty exists in determining whether an alleged dis- 
 ability of this kind is real or feigned. Hemiplegia and paraplegia 
 are both occasionally simulated; but loss of the power of an arm is 
 that variety of palsy which is most frequently feigned. In feigned
 
 124 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 palsy, as in the simulation of almost all other disabilities, impostors 
 are apt to overact their parts, and to enumerate incompatible symp- 
 toms. 
 
 I recollect examining a man who belonged to the regiment 
 
 of light dragoons, who was proposed to be discharged in conse- 
 quence of hemiplegia of ihe right side. He stated, that imme- 
 diately afier a fall from his horse, he had lost the power of the right 
 arm and leg. His health was obviously good, his limbs muscular 
 and firm; the right arm hung like a pendulum by his side, but 
 when 1 flexed the elbow joint, he forgot to let the fore-arm fall to 
 its original position; indeed, he thought it necessary to resist for a 
 tirn<* a slight attempt to straighten it. The appearance of the man 
 rendered the existence of the alleged disease doubtful, and the in- 
 compatible symptom of contracting the arm satisfied me that it was 
 simulated. The man in question committed a mistake which is 
 very frequently made by the simulators of palsy; they are not com- 
 monly aware that paralytic limbs are very pliant, and occasionally 
 offer some resistance when any attempt is made to bend them. A 
 healthy arm trembles when a heavy weight is appended to it a 
 circumstance which does not take place when it is paralytic. 
 
 Paraplegia is sometimes simulated, and the most uncomfortable 
 condition endured with martyr-like perseverance. 
 
 A man belonging to the Cavan militia alleged that he had lost 
 the power of his inferior extremities, was recommended to be dis- 
 charged on account of palsy,, by Dr. Harvey, physician to the 
 General Hospital, Dublin. Having received his discharge and the 
 balance of his pay, he hired a car and was driven in it to the 
 Phoenix Park, where the Cavan militia was at exercise. Upon 
 approaching the corps he threw away a pair of crutches which he 
 had long used, and bounded like a deer for some time in front of 
 the line, and after slapping his breech, scampered off as fast as he 
 could. The object of some impostors appears to be incomplete, 
 until they have effectually demonstrated to their comrades that 
 their alleged disabilities were simulated. 
 
 A man belonging to the 10th regiment, while it was serving in 
 the Mediterranean, asserted that he had lost the power of his in- 
 ferior extremities, and underwent hospital discipline for two years. 
 at the end of which period the existence of any real disability was 
 still doubted. As a final trial, the medical officer directed him to 
 be confined in a room, containing a shelf amply stored with pro- 
 visions, which he could easily reach by standing on his legs, but 
 not otherwise. The food remained untouched at the end of forty- 
 eight hours, and, as it was not deemed advisable to prolong the 
 experiment, he was included in the list of invalids, and carried on 
 board a transport bound for England. Before the ship sailed, an 
 alarm was given about midnight that she was on fire; every one 
 on board hurried into a boat alongside, and after reaching the quay
 
 PALSY. 125 
 
 the passengers were mustered, when it was found that the alleged 
 paralytic cripple had not only succeeded in saving himself, bnt he 
 had brought his trunk also on shore with him. He was se it back 
 to the ranks. 
 
 I am indebted to a very talented and experienced medical officer, 
 Mr. Gulliver, assistant-surgeon. Royal Horse Guards, for the ftl- 
 lowing case of simulated paraplegia. 
 
 Private James Bell, 37th regiment, while the corps was stationed 
 in Jamaica, alleged that he had received an injury on the loins, 
 which was followed by total loss of power of the lower extremities. 
 He was sent home, and admitted into Fort Pitt hospital, where it 
 was soon presumed that the disability was feigned. Bell was a 
 robust, healthy man; he moved from place to place by means of 
 crutches, at the same time dragging his legs on the ground, and 
 when they were touched, he bellowed and roared with all the force 
 he was able. When the crutches were taken from him, he re- 
 mained with a kind of dogged stupidity in one place, deploring his 
 condition, and shedding abundance of tears. Mr. Gulliver, who 
 had the charge of Bell, had occasion to send for his patient to the 
 ward he was in, when the alleged paralytic cripple was brought to 
 him between two orderlies, round whose necks he supported him- 
 self, with his thighs drawn up to the abdomen, and his heels nearly 
 touching his buttocks. This circumstance was quite satisfactory 
 in proving that he had not lost the motive power of the muscles of 
 the inferior extremities; but he would not give in, and he was 
 forwarded, in the usual way, to Chelsea to be discharged. Bell 
 had been in the service for about nine years, a space of time which 
 he had spent chiefly in different hospitals. 
 
 When a malingerer possesses adequate fortitude to endure the 
 uneasiness occasioned by the remedial means directed by a medical 
 officer, together with the irksomeriess of hospital discipline for a 
 considerable time, he will in general succeed in obtaining the com- 
 mon object of simulators a discharge from the service. In many 
 instances it becomes a trial of patience between the surgeon, the 
 commanding officer of a regiment, and the simulator ; so that de- 
 tection, or what may be called conviction, frequently fails in making 
 an impostor return to his duty. The success of some impostors is 
 so surprising as almost to exceed belief; for example, the following 
 case, which rests on the most undoubted testimony. 
 
 Private Reilly, belonging to - regiment, having been de- 
 tached from the corps while it was employed in the Deccan (1819), 
 complained that he had lost the power of his left side, which was 
 alleged to have been occasioned by wet and cold, to which he had 
 been exposed during the monsoon winds. He was accommodated 
 with a dooly, a species of palanquin, and for eight months he was 
 carried along with the troops in the field, there being no good 
 opportunity all that time of sending him to the rear. At the con- 
 8 c 9 mar
 
 126 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 elusion of the war he joined the head-quarters of the corps to 
 which he belonged, and came under the care of the medical officers 
 belonging to it, who knew Reilly. After a careful examination by 
 the surgeon and assistant -surgeon, they concluded that his alleged 
 disability was simulated. He was then informed of the opinion 
 entertained of his case, and also that he would be allowed till 
 twelve o'clock on the following day to deliberate whether he would 
 then return to his duty or be brought before a court-martial. He 
 did not seem to decide until very near to the hour named, when 
 he left the hospital and proceeded to the barracks. He continued 
 at his duty till the drafting of the men in 1822, when the corps 
 returned to Europe, and he was transferred to another regiment, 
 lieilly must have had a much higher opinion of the liberality and 
 kindness of the medical officer who accommodated him with a 
 dooly for so long a period than of his professional skill and dis- 
 crimination. 
 
 Partial palsy, such as the loss of the power of an arm, is much 
 more frequently feigned than either hemiplegia or paraplegia. 
 
 A private belonging to the 44th regiment alleged that he had 
 fallen asleep in the open air, and that when he awoke he had lost 
 the power of the right arm. Mr. Jones, assistant inspector of hos- 
 pitals, who was then surgeon to the corps, was satisfied that the 
 disability was feigned, and reported the circumstance to the com- 
 manding officer. The man was tried by a court-martial, and sen- 
 tenced to receive 300 lashes, but the sentence was not carried into 
 effect. Shortly after the trial, he was transferred to the general 
 hospital, Dublin, and placed under the care of the late Dr. Cheyne, 
 who states in his letter to Dr. Renny, with reference to this case, 
 "That, after due consideration, I concurred in the opinion of the 
 surgeon, that this man was an impostor, and prevented him from 
 being discharged. I tried various remedies, and among the rest, 
 sharp shocks of electricity, which he bore with great resolution. 
 At last, finding that he made no impression upon me, and that 
 my report would be an unfavourable one, he gave in. We came 
 to this compromise; he agreed to return to his duly, and I under- 
 took to use my influence in preserving him from punishment." 
 This man rejoined the regiment, and made several other unsuc- 
 cessful attempts to feign disabilities, probably with the view of 
 avoiding embarkation for India. Determined, however, to effectu- 
 ally disqualify himself for the service, he placed his right hand 
 before ttie wheel of a bnggage wagon, by which means some of the 
 bones were fractured. He was again foiled; he accompanied his 
 regiment to India, and the functions of the hand became so far 
 restored as to enable him to perform the usual duties of a soldier. 
 
 The courage and coolness with which some impostors resolve 
 to brave pain is very remarkable. A private belonging to - 
 regiment complained that he had lost the power of his right arm, 
 but, from the absence of any physical evidence of disease, the
 
 PALSY. 127 
 
 medical officer considered him a malingerer, and tried various means 
 to induce him to return to his duty, hut without success. With the 
 view of intimidating him, a proposal was made to amputate the 
 arm, and, in prosecution of this object, an unusual degree of so- 
 lemnity was observed on the occasion. All the surgical instruments 
 which could he collected were exhibited; but, nothing daunted, he 
 allowed himself to he conducted to the chair preparatory to the 
 operation. The tourniquet was put on, and the amputating knife 
 placed under his arm ready to make an incision. He sat unmoved; 
 the surgeon was puzzled, and made the best excuse he could for 
 postponing the operation. Being, however, still impressed with the 
 opinion that the arm was not disabled, he resolved to attempt an- 
 other means of conviction. He recommended change of air for 
 some of his patients, and among others the case of alleged palsy. 
 To reach the place where the surgeon professed he intended to 
 convey the sick, it was necessary to cross a river in a boat. The 
 party embarked, accompanied by the surgeon, who, by a precon- 
 certed signal, directed the boatman to throw the man in question 
 (who he knew was a good swimmer) into the river. After a little 
 time he seemed to be much exhausted from the exertions necessary 
 to keep himself afloat by means of his left arm only. The surgeon 
 became alarmed, and had resolved to take his patient on board, 
 when he uttered an oath, and struck out vigorously with both 
 arm.". The evidence was conclusive. 
 
 Experience teaches us that moral means are, in general, the most 
 effectual in moving simulators of disabilities to return to their duly. 
 When a schemer has been deprived of hope, and has a safe retreat 
 left open to him, he is prepared to report favourably of the influence 
 of remedial measures. During the temporary absence of the sur- 
 geon of regiment, a number of men were admitted into hos- 
 pital on account of alleged disabilities, mostly of a character calcu- 
 lated to disqualify them for the service. In a few days the surgeon 
 made up his mind in regard to the case of each of the men. He 
 then called them together, and observed, that he was well aware of 
 their motives for being admitted into hospital, and concluded by 
 stating to all and each of them as follows: "The state of your 
 health does not require the use of medicines, and none shall be ex- 
 pended upon you. Rest assured, that so long as I belong to this 
 regiment, not one of yon shall be discharged, unless I think he is 
 really disabled." They knew he would keep his word ; and, in 
 the course of a short period, they one by one all reported them- 
 selves n't for duty. 
 
 Palsy is occasionally pretended by ont-pensioners, who wish to 
 obtain a higher pension than that which they receive. Applications 
 for an increased pension will not be attended to, without a report 
 by a medical officer respecting the alleged disability; and conse- 
 quently the pensioners usually apply to a staff surgeon for that pur- 
 pose. An applicant of this kind presented himself to me while I 
 was employed in Dublin, who stated that he had palsy of the right
 
 128 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 leg. I desired him to stand upon bis left, and to push forward his 
 right lea; a measure he asserted was beyond his power. He was 
 next desired to stand upon his right leg, and to push forward his 
 left, and in an instant his leg was projected to its full extent. This 
 circumstance satisfied me that he was feigning a disability. He 
 completely forgot that the force employed in the experiment was 
 chiefly exerted by the quiescent extremity. 
 
 In cases of feigned disabilities of a chronic character, as palsy, 
 contractions, &c., medical measures should rarely or never be em- 
 ployed. By treating a simulator of this class of disabilities actively, 
 we are apt to impress him with the opinion that he has succeeded 
 in masking his plan in fact, that a medical officer believes his in- 
 firmities are real and not feigned. Influenced by this opinion, he 
 presumes that nothing but patience and fortitude are required to 
 bring his imposture to a favourable issue. In proportion as he 
 thinks he has borne much, he presumes he has the less to endure. 
 
 2. Epilepsy. Under the head of "epilepsy and palsy," about 
 70 or 80 men are discharged annually from the army. (Circular, 
 22d January, 1830). The consideration of this disability is ob- 
 viously therefore of some importance. Epilepsy appears under very 
 different degrees of severity; in some cases a paroxysm consists of 
 little more than an uneasy feeling in the head, which may not last 
 above two or three seconds or minutes; the common length of a 
 paroxysm is, however, about from ten to fifteen minutes. The fre- 
 quent or even an occasional paroxysm of epilepsy is commonly 
 considered an adequate cause for recommending a man to be dis- 
 charged. It is an important point, therefore, to verify a liability to 
 the disease, more especially as attempts are occasionally made to 
 simulate it. 
 
 The leading indication of a well defined or well marked parox- 
 ysm of epilepsy is loss of sense, which is commonly accompanied 
 with involuntary contraction of the muscles of the whole body. 
 The symptoms come on suddenly, and the person affected falls to 
 the ground, the face becomes swelled, and the countenance livid, 
 general convulsions supervene, the eyes and muscles of the face 
 are greatly distorted, and the head is commonly bent backwards. 
 During a paroxysm an epileptic grinds his teeth, and foam gathers 
 round his mouth, the thumbs are grasped in the hands, and fre- 
 quently the contents of the bladder and rectum are discharged. 
 The pulse is generally not very quick, and the skin is cooler than 
 might be expected from the muscular agitation. 
 
 Epilepsy is not nn frequently simulated, and much care and cau- 
 tion is required to distinguish a paroxysm of the disease from a 
 mere imitation of it. In regard to suspected epileptics, and inderd 
 with respect to every doubtful case of disability, the obvious duty 
 of a medical officer is to free himself to the utmost of his power 
 from every bias, whether it be in favour of or against the statements 
 of an individual. He should simply endeavour to discover the 
 truth, without being afraid to find a man guilty, or without enter-
 
 EPILEPSY. 129 
 
 taining a wish that the person under examination may be detected 
 as an impostor. 
 
 In a feigned paroxysm of epilepsy, the muscular contortions of 
 different parts of the body do not commonly occur simultaneously. 
 Thus the superior extremities may be in motion, while the inferior 
 are at rest. When the hands are forced open, they are quickly 
 clenched again; whereas, in the real disease, they commonly re- 
 main extended, and as inflexible as a piece of wood. If an impos- 
 tor be narrowly watched, he will be found to open his eyes occa- 
 sionally, for the purpose of observing what effect his acting produces 
 upon spectators. An impostor can easily counterfeit a number of 
 phenomena which may, by inexperienceid persons, be considered 
 indicative of epilepsy such as violent muscular motions; rolling 
 of the eyes; sighing; suppressed cries; grinding of the teeth; foam 
 at the mouth; discharge from the bladder, <fcc. &c. but he is not 
 able to distort the muscles of the face like a person suffering under 
 epilepsy, to render the iris insensible to light, or to evince a total 
 abolition of sense. 
 
 The impostor commonly selects a place where he is likely to 
 play off his tricks to the greatest advantage, and with the least in- 
 convenience to himself. He is also not inattentive as to the time 
 when a fit may be enacted with due effect, which is in. general about 
 the period when a medical officer is likely to be in the way to see 
 him. 
 
 Malingerers are commonly much more successful in counterfeit- 
 ing the accession and violent symptoms of a paroxysm than the 
 stage of recovery. They seem often to have carefully studied the 
 phenomena of an early period of a paroxysm, while the symptoms 
 which accompany a decline of the fit seems to have escaped atten- 
 tion. The symptoms of epilepsy disappear gradually, and are fol- 
 lowed by sleep; but when the phenomena are counterfeited, they 
 commonly terminate abruptly, and the sleeping stage is omitted. 
 
 An insensibility to external agents is, however, the most decided 
 proof that can be obtained in regard to the existence of epilepsy, 
 for, during a paroxysm, sensation is totally suspended ; hence, if 
 any evidence of sense be excited by stimulants, it may generally 
 be inferred that the symptoms are counterfeited. For the purpose of 
 probation, a variety of stimuli have been applied to different senses, 
 of which a few may be mentioned: 
 
 Smelling. Snuff blown up the nostrils hartshorn applied to 
 the nose tickling the nose with a straw. 
 
 Tasting. Common salt, in the quantity of a table-spoonful, has 
 obtained great celebrity as a means of cutting short a fit of epilepsy, 
 and there can be no doubt that it has gained this character in con- 
 sequence of its having been exhibited to a person who was counter- 
 feiting epilepsy. Salt possesses peculiar advantages for the purpose 
 intended: it is safe, easily obtained, and tolerably effectual. When 
 a spoonful of salt is introduced into the mouth, and insinuated
 
 130 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 between the lips and teeth of an impostor, he soon shows that he 
 possesses the sense of taste, and endeavours to spit it out. 
 
 Hearing and feeling. A proposal to apply the actual cautery 
 (a hot iron) to the skin, is frequently followed by a rapid recovery, 
 when a paroxysm is counterfeited. A still more effectual means 
 may be resorted to, when necessary, by proposing to pour boiling 
 water from a kettle on a leg, but instead of hot to employ cold 
 water. 
 
 During an alleged paroxysm of epilepsy, where the symptoms 
 were supposed to be counterfeited, Mr. R. exhibited seven or eight 
 drops of croton-oil, through an opening left by the loss of two teeth, 
 and in a few minutes the man started on his feet and ran to the 
 water-closet. Dr. Cheyne informs us that he successfully employed 
 the method of introducing into the eye a portion of spirits. 
 
 Medical officers cannot be too careful to avoid becoming the 
 dupes of simulators. There is, I believe, much reason for assum- 
 ing that many a soldier has been discharged and pensioned in con- 
 sequence of feigning convulsions, which medical officers denomi- 
 nated epilepsy. 
 
 I was once instructed by the deputy adjutant-general of the 
 forces in Ireland to inspect a pensioner who had been discharged 
 on account of alleged epilepsy, and to grant him a certificate in 
 regard to his infirmity. The man stated that he had a paroxysm 
 of the disease every day about twelve o'clock. I observed to him, 
 that, unless I was present during a tit, I could not certify that ho 
 suffered under epilepsy; and as it was then only eleven o'clock, 
 and being obliged to leave the depot, I should not have it in my 
 power to see the fit come on that day. In a few minutes he began 
 to tremble, and his whole body became more or less agitated ; at 
 length he sunk to the ground, and the contortions and contractions 
 of the limbs became very violent. I soon perceived that the parox- 
 ysm of epilepsy which he was zealously enacting was voluntary, 
 and after allowing him to exhaust himself, I told him to get upon 
 his feet, as I was quite satisfied in regard to the nature of his 
 alleged disability. The contractions and agitation of the limbs soon 
 subsided, and he rose from the floor in a few minutes, apparently 
 well satisfied with his imitation of a paroxysm of epilepsy. In 
 1828, this man had drawn a pension for fifteen years. 
 
 Dr. Fallot relates an account of a Swiss soldier who feigned St. 
 Vitus's dance. The symptoms were a little exaggerated, but in 
 general they were exceedingly well imitated. The man appeared 
 to suffer much by the complaint, and anxiously begged for medi- 
 cines to relieve him. He was about to be discharged, but Dr. Fal- 
 lot's suspicions being excited, the. man was then requested to give a 
 minute account of his feelings, which, aided by the promptings of 
 the doctor, were obviously very absurd. The fnmd was by this 
 means discovered. Although this man was quite an adept in imi- 
 tating the symptoms of the disease, he could not give any thing
 
 MENTAL ALIENATION. 131 
 
 like a satisfactory history of the progress of the affection. Dr. Fallot 
 afterwards discovered that the impostor had been tutored in the art 
 of imitating; St. Vitns's dance by a relation who was a medical prac- 
 titioner. The man deserted from the hospital when he found that 
 his imposture was discovered. 
 
 There can be little doubt that soldiers occasionally qualify them- 
 selves for carrying on a scheme of imposition by the perusal of 
 medical books. Patients in general hospitals commonly evince an 
 excessive anxiety to study ctise books, and avail themselves of every 
 opportunity that offers to acquire information by that means. 
 
 3. Mental alienation weakness of intellect. Soldiers who 
 have been liable to one or more attacks of insanity are, I believe, 
 in general considered unfit for the army, and recommended by the 
 medical authorities to be discharged. During the existence of a 
 state of mental derangement soldiers have, for a number of years, 
 been accommodated in a military asylum or hospital, at Fort 
 Clarence, Rochester, which is specially appropriated to such pa- 
 tients. The character or symptoms of insanity are in general so 
 well marked, as to be easily recognised by attentive and experienced 
 medical officers, especially by those who have had an opportunity 
 of observing the phenomena of mental alienation. Insanity has been 
 frequently feigned by soldiers who wished to obtain their discharge, 
 and no doubt some have gained their object. But it is also true, 
 and the fact is a melancholy one, that real insanity has been mis- 
 taken for feigned, and the patients treated and punished as impos- 
 tors Facts of this kind ought to lead medical officers to study with 
 great care the indications of insanity, a branch of information which 
 can only be thoroughly obtained in receptacles for the insane, and, 
 whenever there is a shadow of doubt, to proceed with the utmost 
 caution. Much knowledge of importance in regard to insanity 
 may, however, be obtained from books, more especially from those 
 works which treat specifically upon mental diseases, and to these 
 the reader is referred. I shall content myself with submitting a few 
 interesting cases, for the purpose of showing the importance of the 
 study of mental diseases in the army, and the difficulty which 
 sometimes exists in discriminating between real and fictitious dis- 
 ease, or of recognising mental alienation. It is not so much be- 
 cause fictitious madness has been treated as real, but because real 
 madness has been treated as fictitious, that I urge the necessity of 
 medical officers devoting some attention to the study of this class 
 of diseases. 
 
 Private Charles Louis, regiment, complained, during the 
 
 month of December, L826, of pain in the loins, which was stated to 
 be the result of a sprain received in the preceding July, but which 
 he had not previously mentioned. [Te went on furlough soon after 
 and did not return until the 24th February 1827, when he con- 
 tinued to state that he was unable for duty. He was then admitted 
 into hospital ; his appetite was good, the other functions of the body
 
 132 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 were apparently healthy, and no symptom of disease could be de- 
 tected. He was in general remarkably taciturn. He was discharged 
 from hospital, but would do no duty. He was tried by a regimental 
 court-martial for disobedience of orders, and sentenced to undergo 
 corporal punishment, and on the loth March he received 175 lashes 
 without making the slightest complaint. He continued to refuse 
 doing duty, and was a second time tried by a court-martial, and 
 sentenced to be confined for one month in a solitary cell, but when 
 released from confinement he still refused to do duty. He was 
 transferred to the general hospital, in Dublin, on the 30th of May, 
 where he remained under the care of Dr. Cheyne until the 12th 
 July, when he rejoined the regiment to which he belonged. Dur- 
 ing the time he was in Dublin, the greatest care was taken to in- 
 vestigate his case by Dr. Cheyne and other medical officers, but no 
 satisfactory evidence of disease, either physical or mental, was 
 observed. Shortly after Louis joined the regiment, symptoms of 
 alienation of mind appeared, which were for some time supposed 
 to be feigned, but, after close observation for a period of several 
 months, the surgeon was satisfied that his mind was unsound. In 
 July, 1827, he was again admitted into the general hospital, Dub- 
 lin, in consequence of decided mental alienation, and during the 
 year 1828 was transferred to the military asylum at Fort Clarence, 
 where he expired on the 26th August, 1838. 
 
 It would be a difficult task to decide upon the time when Louis's 
 rnind became unsound. He had an ardent desire to obtain his dis- 
 charge, but all his measures for this purpose failed. Was he insane 
 when he refused to do his duty in February, 1827, or should we 
 consider the mental disorder a consequence of frustrated hope since 
 that period? It is, I believe, admitted by competent medical autho- 
 rities, that insanity may be a consequence of the despondency and 
 anxiety which arise from ungratified desire. 
 
 Other instances might be quoted where mental alienation was 
 mistaken for feigned disease. From the report of a coroner's in- 
 quest held ot) the body of Joseph Godfrey, it appears that he 
 belonged to the 83d regiment, and served with that corps at the 
 Cape of Good Hope eleven years. During this period he evinced 
 symptoms of derangement on five different occasions, was five 
 times tried by a court-martial for pretending insanity with a view 
 to his discharge, and was, on each occasion, sentenced to receive 
 corporal punishment, which was uniformly inflicted. Maniacal 
 paroxysms continued to recur after he was discharged, and during 
 one of the accessions, he committed suicide by drinking a quantity 
 of sulphuric acid. (Times newspaper, 22d February, 1826.) 
 
 The following is a case of a different character. E. Pigott en- 
 listed at Limerick, for the honourable East India Company's mili- 
 tary service, in March 1828. He was transferred to Cork, where 
 self made ulcers appeared on his legs; and when this scheme failed 
 in procuring his discharge, he seemed to become an idiot. Towards
 
 MENTAL ALIENATION. 133 
 
 the end of September he arrived at Chatham, when he had what 
 was considered the aspect of "a genuine idiot" He was placed 
 under slrict observation for four or five weeks, during which period 
 he was never heard to utter a word distinctly; his looks were wild, 
 his manners almost savage; he appeared to have lost all regard to 
 decency, and to have become completely helpless, for he required 
 to be washed and dressed like a child. He refused to take food 
 when offered to him, but if it was set beside him he devoured it 
 clandestinely, and occasionally he would neglect it for a whole day. 
 He was at first treated with great kindness, but, after some time, he 
 became in some measure ferocious, which was evinced by attempt- 
 ing to bile the orderlies, and by using missiles, so as that it was 
 deemed necessary to confine him in a strait waistcoat. On the 3d 
 November, he was examined by a board of medical officers, who 
 stated, that, in their opinion, Pigott was " a most determined ma- 
 lingerer, and affects insanity. Having maturely considered the 
 infamous moral character of this recruit, his perseverance in simu- 
 lating various diseases, his utter worthlessness to the service, and, 
 moreover, the great improbability of his re-enlistment," the board 
 recommended him to be discharged from the East India Com- 
 pany's service. So far as 1 know, no reason was assigned by the 
 board for concluding that Pigott's re-enlistment was improbable. 
 
 The decision of the board led to the usual steps being taken to 
 obtain an official order from the Horse Guards for his being dis- 
 charged, but by the time the discharge reached Chatham (7th No- 
 vember) Pigott appeared to be totally incapable of comprehending 
 what a discharge meant. The order for his being discharged was 
 repeatedly read to him with great care and attention, and it was ex- 
 plained to him that he was at liberty to leave the hospital for the 
 purpose of returning to Ireland, but all these endeavours to make 
 him comprehend how matters stood produced no evidence that he 
 understood or paid any attention to what was said to him. 
 
 On the 20th November, the late Dr. Davies, who was surgeon to 
 the East India Company's depot, and had the care of Pigott, ad- 
 dressed a letter to the commandant, recommending him to apply for 
 permission to send Pigott to the military lunatic asylum at Fort 
 Clarence. In this letter, Dr. Davies states that, ' Notwithstanding 
 the strong documents which have been received respecting this 
 man from Ireland, and the opinion of the medical board as ex- 
 pressed in their report, dated November 3d, having very attentively 
 observed the case for a long period, I am far from being convinced 
 that he is 'a decided malingerer.' On the contrary, I am inclined 
 to believe that there has been throughout, and there certainly is now, 
 a reality in the affliction." 
 
 Several weeks elapsed without any appearance of improvement, 
 and as he was a very troublesome patient, and sometimes outrage- 
 ous, he. was commonly confined either in a strait waistcoat or by 
 straps to the bedstead. On the 12th January, 1829, he was trans- 
 ferred to Fort Clarence. When he arrived at the asylum, he would
 
 131 MARSHALL ON THE ENLISTING, ETC. OP SOLDIERS. 
 
 neither stand nor speak ; he lay with his legs doubled up, and his 
 knees nearly approaching the chest, and when questions were put 
 to him, he sometimes emitted a hollow groan. He was rapidly and 
 forcibly conveyed, by a long subterraneous passage, to the extremity 
 of the establishment, where he was exposed to a shower bath, well 
 washed, and subsequently dressed in the hospital uniform. Owing 
 to the gloomy condition and singular appearance of the asylum, and 
 the unceremonious manner with which he was moved from one 
 place to another, Pigott no doubt became greatly alarmed. He was 
 placed in the whirling chair, which ultimately determined him to 
 ffive in> for on corning out of it, he stated that his disability was 
 feigned, and subsequently detailed to Dr. Davies a course of the 
 most persevering and determined fraud that had ever been prac- 
 tised. He acknowledged that, roughly as he had been handled in 
 the depot hospital, he never thought of flinching from his purpose 
 until he was transferred to Fort Clarence. To transfer a feigned 
 maniac to a lunatic asylum is a most effectual means of detecting 
 imposture. On the 4th March, about one year from the time he 
 enlisted, he was marched from Fort Clarence to the depot of the 
 East India Company, perfectly sound in mind and body, and it was 
 now determined that he should not be discharged. The same night 
 he joined the depot, he deserted, and was secured next day, after a 
 stout resistance, by a constable at Gravesend, who brought him back 
 to Chatham. Finally he embarked for Madras oti the 7lh March, 
 along with a detachment of recruits. 
 
 It has been asserted, wiih what truth I do not know, that the 
 long continued imitation of some maladies, such as insanity, has 
 excited real disease. "II est aussi dangereux d'imiter la folie que 
 de contrefaire 1'epilepsie, toutes deux pouvant se developper reelle- 
 ment." (Cache de Voperatiun Medicate du recruitement, fyc., page 
 306.) 
 
 Weakness of intellect. In almost every regiment or corps there 
 are a few men who are alleged to be defective in memory, percep- 
 tion, and judgment, who never acquire, or seem never to acquire, 
 a perfect knowledge of their duty, and who usually pay but little 
 attention to the state of their dress and accoutrements. Men of this 
 class are commonly harmless and unobtrusive; sometimes, how- 
 ever, they are morose and irritable. There is perhaps no species 
 of disability which requires to be appreciated with more care and 
 circumspection than that of intellectual deficiency. Mental inca- 
 pacity or inaptitude for acquiring the manual and platoon exercise, 
 is easily feigned, and very difficult of detection. 
 
 A few years ago, a smart-looking young man, of a respectable 
 
 class of society, joined the regiment of dragoons as a recruit. 
 
 He was excessively backward in acquiring a knowledge of the first 
 principles of the duties of a dragoon. The greatest care was 
 ineffectually bestowed upon him. On some occasions he appeared 
 to show a certain degree of skill, in a particular branch of his 
 exercise, while, at other times, he seemed to have forgotten every
 
 MENTAL ALIENATION. 135 
 
 thing he had been taught. The drill corporal, whose patknco 
 became exhausted, privately offered him a sovereign, if he would 
 desert, his character as a good drill being likely to be impugned, in 
 consequence of his want of success with the recruit. This oH'er, 
 as might have been foreseen, neither induced him to disappear, nor 
 to make more progress. At the end of about nine or ten months, 
 he got drunk, and was in consequence confined in the guard room 
 for a few days. During his incarceration, a complete revolution 
 took place in his plans, for on his returning to drill, he not only 
 evinced an aptitude to learn, but he showed that he had in a perfect 
 manner acquired the art of performing every thing which the drill 
 corporal had attempted to teach him. He afterwards confessed, 
 that the incompetency of mind, with which he was long supposed 
 to be affected, was simulated for the purpose of procuring his 
 discharge. Confinement, the collapse that followed the paroxysm 
 of intoxication, but chiefly despair of obtaining his liberty, deter- 
 mined him to give in. It is worthy of remark, that, in this 
 instance, the simulation of weakness of intellect was not even 
 suspected. 
 
 It is very natural that regimental officers should wish to get 
 inefficient soldiers discharged, whether the unfitness arises from 
 physical, moral, or intellectual causes; but the general interests of 
 the service require, that no doubtful case of disability should be 
 recommended to be discharged, more especially on account of 
 alleged weakness of intellect. The degree of mental incapacity is 
 very difficult to appreciate, for many individuals will evince no 
 remarkable want of intellectual endowment in conversation, who 
 cannot be taught a particular trade or profession. Some may 
 obtain tolerable proficiency in one trade, while they show great 
 want of aptitude in learning another. A man may be a good 
 shoemaker, though no degree of labour will enable him to acquire 
 the dexterity requisite for performing the usual military evolutions 
 in a correct manner, or to become a cleanly and efficient soldier. 
 When a man shows no decided want of general intellect, how is 
 a medical officer to distinguish a defect of intellectual capacity from 
 a want of will? The evidence of an adjutant or a drill-serjeant, 
 that they have not been able to make the individual in question 
 comprehend his duty, cannot invariably be admitted as conclusive 
 proof of his incapacity. A few years since, a man enlisted in the 
 regiment, who, although he had been at drill for an unu- 
 sually long period, did not seem to know any thing of his duty. 
 Every exertion was made by the adjutant and drill-serjeant to 
 make him perform the manual and platoon exercise, but without 
 succej-s. This pretended idiot was eventually discovered to be a 
 deserter, and a very clever fellow. I am disposed to think, that, 
 unless iu well marked cases, where the mind is weak on all sub- 
 jects, and where that weakness is expressed in the countenance, or 
 readily discoverable during conversation, no man ought to be
 
 136 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 recommended for discharge on account of mental delects, because, 
 if the disability is not obvious, he may enlist and he approved for 
 the service. 
 
 Examples sometimes occur where it is difficult to determine 
 whether disgraceful conduct depends on moral depravity, or mental 
 incapacity. Occasionally, the disabling cause appears to he a 
 compound of roguery and imbecility, as was perhaps the case in the 
 following instance. 
 
 R. G. West enlisted into the honourable East India Company's 
 service, at Liverpool, in 1823, and, soon after enlistment, embarked 
 for Bombay. The following year he was discharged and sent home, 
 " on account of want of intellect." He subsequently enlisted in a 
 regiment of the line, from which he was discharged in December, 
 1827, for the same cause. In February, 1828, under the name of 
 George Ryan, he again joined the depot at Chatham, as a recruit 
 for the East India Company's service. The intellectual and moral 
 character of this man have been very differently estimated ; some 
 officers represented his mind to be " unsound," others reported that 
 he was not "unsound of mind," but an artful, intriguing man ; one 
 alleged that he was a ''gross impostor," and another described him 
 to be, " without exception, the greatest blackguard, in point of 
 general conduct and behaviour, in the kingdom." An application 
 was made by the commandant of the company's depot for an 
 authority to discharge him, but there being no security against his 
 re-enlisting, he was retained in the service. 
 
 West was sent to his duty; but before two or three weeks had 
 elapsed, he sold his regimental clothing. He was in consequence 
 tried by a court-martial, and sentenced to be confined in the Maid- 
 stone jail, and employed at hard labour. Shortly after this period 
 of confinement had expired, he embarked to join the corps to which 
 he belonged the Madras European regiment. 
 
 It may he questionable whether a number of the men in the army, 
 whose conduct is excessively irregular, and who are sometimes 
 individually charactised as being " more rogue than fool," are not 
 suffering more or less under mental alienation, or intellectual imbe- 
 cility ; for instance. 
 
 In the year 1827, J. Leonard enlisted at Dublin for the S7th 
 regiment, and being brought before me, as district staff-surgeon, for 
 examination, was approved. He had shown some unwillingness to 
 comply with the routine of the inspection room, in consequence of 
 which, I had noted on his attestation, as a warning to the surgeon, 
 that Leonard was likely to prove a very reluctant soldier. He. joined 
 the regiment in England, and was forthwith examined by the 
 medical officer of the corps, and finally approved. Shortly after he 
 was sent to drill, when he stated, in the Irish language, that he did 
 not comprehend the words of command, and that he neither under- 
 stood nor could speak English. This statement was obviously 
 untrue, because he had, both in Ireland and in England, spoken
 
 MENTAL ALIENATION. 
 
 137 
 
 English as well as his comrades. He was confined for several days 
 in a solitary cell, where he received no other diet but bread and 
 water. He still, however, pretended that lie did not understand the 
 English language, and he was transferred to the hospital for the 
 purpose of being under the observation of the surgeon, as the 
 adjutant could make nothing of him. On (he fourth day after 
 admission into hospital, he admitted that he understood the English 
 language, and spoke it as he had formerly done. He subsequently 
 went to drill, and conducted himself like other soldiers. In 1831, 
 when on board a transport bound to Mauritius, he pilfered some 
 articles of dress belonging to a comrade, and was in consequence 
 tried by a court-martial, convicted, and sentenced to receive corporal 
 punishment. He received 150 lashes. He evinced at intervals 
 great violence of temper, and occasionally refused to perform the 
 duty assigned to him. In 1832, he was a second time sentenced 
 to receive corporal punishment ; and when brought to the halberts 
 or triangles, he refused to be tied up, and resisted the drummers 
 with all the strength he possessed. The punishment was even- 
 tually inflicted. His temper continued to be violent ; and during 
 the year 1833. suspicions were entertained that his mind was 
 unsound. In 1834, he absented himself without leave from the 
 regiment ; but returned within a few days in a state of great 
 wretchedness. At this period he obviously laboured under mental 
 alienation; and in consequence of this disability, was sent to 
 England, and became an inmate of Fort Clarence, where he 
 remained until he was transferred to a lunatic asylum in Galway, 
 in December, 1838. 
 
 The plea of insanity is sometimes adduced by soldiers, for the 
 purpose of mitigating or of escaping punishment; and medical 
 officers require to be prepared to give their evidence in regard to 
 the existence of the disability, as in the following instance : 
 
 Private Rnlstone, 69th regiment, was arraigned before a court- 
 martial on the 9th November, 1818. upon three charges. It is 
 sufficient for my purpose to copy the last: 
 
 " 3r/. For discharging his musket, loaded with a ball, at a Seapoy 
 sentry, who was endeavouring to stop him (from deserting,) by 
 order of Lieutenant Hall, and for attempting to reload it." 
 Finding guilty sentence, solitary confinement for the space of 
 five calendar months. This sentence was confirmed, but not 
 approved. 
 
 When the foregoing sentence was promulgated to the army by 
 Lieutenarit-General Hislop, he deemed it expedient to make the 
 following observations : 
 
 "The great disproportion between the crime and the punishment 
 appears to have arisen from the pica of insanity : but this plea has 
 riot been substantiated by evidence. The prisoner states, that he 
 received a wound on the head. No evidence is called to speak to 
 the effects which that had produced on his constitution. The
 
 133 MAIISHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 wound does not. seem to have been examined by a surgeon in 
 presence of the court, nor indeed shown to the court at all; and 
 one question only is asked regarding it, namely, Is it generally 
 understood in the regiment that the prisoner was wounded in the 
 head ? Answer, Yes." 
 
 To throw some light upon the proceedings of the court, Sir 
 Thomas Hislop directed a medical committee to report upon the 
 state of private Ralstone, namely 
 
 "To state whether he had been visited by insanity? Whether he 
 laboured under this heavy calamity at or about the period when he 
 fired at Cuspali (the Seapoy sentry.) And, finally, whether any 
 disease incapacitates him from continuing in his majesty's service? 
 
 " The committee were unanimously of opinion, 
 
 " 1st. That the prisoner is at present in a state of perfect health. 
 
 " 2d. That his mental organs (faculties ?) appear unimpaired. 
 
 "3rf. That, so far as the committee can ascertain, he has never 
 been visited by insanity. 
 
 "4lh. That, at or about the period when he fired at Cuspali 
 Seapoy, it seerns probable he was under the influence of liquor. 
 
 " 5th and lastly. That the prisoner is not affected with any 
 disease, mental or bodily, to incapacitate him for his majesty's 
 service. 
 
 "The plea of insanity set up by the prisoner, like every other 
 ground of palliation or defence, should have been established by 
 competent evidence, before it ought to have been admitted to 
 influence the opinion of the court." 
 
 The observations of Lieutenant-General Hislop upon Ralstone's 
 court-martial are so just and so appropriate, that I have given them 
 in detail. They convey a good lesson to both military and medical 
 officers, in regard to a very important branch of their duty. 
 
 CLASS X. Moral Disabilities. 
 
 Some individuals are so addicted to vice of different kinds, ill- 
 tempered, quarrelsome, or dishonest, that they nre, in many 
 respects, disqualified for living in society, more especially in a 
 barrack-room, where soldiers are crowded into a small space, and 
 where no precaution can prevent a thief from having it in his 
 power to pilfer. Inveterate intemperance, with all iis concomitant 
 evils, also disqualifies many men for military duty. Habitual 
 inebriety may be considered an incurable moral disability a vice 
 which neither flattery nor flogging will remedy. It is remarked by 
 a French author, (and the fact is obviously true,) that a dissolute 
 soldier invariably neglects his duty; he is frequently insensible to 
 remonstrance or to punishment ; and his example has a powerful 
 effect upon conscripts, or young soldiers, in exciting them to indis- 
 cipline and to habits of dissipation. One or two mauvais snjets 
 (evil-disposed men) may be the cause of a spirit of insubordination 
 in a company, which, like a gangrene, spreads rapidly through a
 
 MORAL DISABILITIES. 139 
 
 whole corps, unless early and efficient means be tnken to arrest it. 
 Moral infirmities are not confined to the most illiterate; for young 
 men of the better order of society, who have had much of their own 
 will, and whose moral education is but imperfect, are extremely apt 
 to run headlong into error, nd eventually into crime, and thereby 
 to incur the penalties of military law. Being accustomed to submit 
 to no guide but their own self-will, they transgress the rules of 
 discipline, sometimes from carelessness, sometimes from caprice, 
 and occasionally from vexation, disappointment, and hopelessness 
 or despondency. They are impatient of restraint ; and having no 
 self-respect, seem to disregard the good opinion of others. The 
 indefinite nature of the soldier's engagement affords no safety-valve 
 by which his regrets may evaporate, and seeing no termination to 
 the thraldom of his situation, he is too often ready for the com- 
 mission of any act, except that of submitting calmly to his fate, 
 and habitually exercising that concentration of military virtues 
 obedience. 
 
 Commanding officers of regiments are commonly very anxious 
 to "get rid ? ' of troublesome men. whom they deem irreclaimable; 
 consequently there is no class of disabilities which requires to be 
 more carefully considered than moral infirmities, as many a crime 
 has been perpetrated by soldiers for the avowed purpose of being 
 brought before a court-martial and ultimately discharged. The 
 infamous character of the ceremony which attends his dismissal 
 gives a vicious soldier no concern ; he has in many instances gained 
 his object, and he may never again see any individual who was 
 present when he was " discharged from the army with every mark 
 of ignominy and disgrace" To discharge men who commit 
 great irregularities, may, therefore, be a means of encouraging 
 vice, rather than a wise measure for repressing indiscipline. "A 
 soldier," says the Duke of Wellington, "cannot be allowed, as a 
 servant or labourer might be, to quit the service in which he is 
 engaged as soon as it becomes irksome to him, nor can he be sent 
 away because he is disobedient, irregular, unwilling to learn, or 
 that he insults, and strikes those whom he is bound to respect and 
 obey. He must be constrained to serve the state according to his 
 engagements, and must be taught, and must be forced to learn how 
 to serve in his station of soldier." With respect to recruits, the 
 duke states, that "it cannot be denied, that, in 99 instances out of 
 100, some idle or irregular, or even vicious motive, is the cause of 
 the enlistment of the volunteer." 
 
 The evil consequence which may result from the measure of 
 discharging soldiers on account of moral disabilities is strongly 
 pointed out by Sir Henry Hardinge, in the following extract from 
 his evidence before the commission on military punishments. "If 
 you give the commanding officer the poiccr of getting rid of bad 
 men because they are bad, you will offer a premium for miscon- 
 duct, and iconld make a great number of men bad for the purpose 
 of gaining their discharges"
 
 140 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 NOTES AND ILLUSTRATIONS. 
 
 NOTE I. Page 81. 
 
 ADJUTANT-GENERAL'S OFFICE, 
 DUBLIN, \3(/i April, 1822. 
 
 GENERAL ORDERS. 
 
 No. 1. At a general court-martial held in the royal barracks, 
 Dublin, on the 30th day of March, 1822, and continued hy adjourn- 
 ment, stnff-s urgeon, J. Stringer, was arraigned upon the under- 
 mentioned charges, viz. 
 
 1st. " For conduct highly unbecoming an officer, and particu- 
 larly culpable in his medical capacity as a staff-surgeon, by treating 
 in a harsh, unfeeling, and unwarrantable manner, several privates 
 of the 12th regiment of Lancers, when patients, under his care at 
 the Royal Infirmary, in the months of May and June last." 
 
 2d. " For having in the month of May last, at the Royal Infir- 
 mary, in a most improper manner, unbecoming hrs station in the 
 army as a staff-surgeon, used opprobrious and disgraceful words 
 reflecting on the character of the 12th lancers, to the following 
 effect, ' that he had formed his opinion of the 12th lancers, they 
 were all schemers and malingerers.' " 
 
 3d. " For harsh, cruel, and unjust conduct, highly improper and 
 incompatible with his duty as a surgeon, towards Joseph Ashman, 
 a private in the 12th lancers, when a patient under his care for 
 ophthalmia, at the Royal In6rmary in the month of May last." 
 
 4th. " For conduct highly unbecoming, and particularly repre- 
 hensible in a medical practitioner, by using violent, intemperate, 
 and unjust language towards William Clyde, a. private in the 12th 
 lancers, when a patient under his care at the Royal Infirmary in 
 the month of July last." 
 
 5th. " For cruel and oppressive conduct most unbecoming his 
 medical station in the army, by placing two privates of the 12th 
 lancers, in strait waistcoats, when patients tinder his care for oph- 
 thalmia, in the Royal Infirmary, in the month of August lost." 
 
 Upon which charges the court came to the following decision : 
 
 " The court being cleared and closed in, and the prisoner being 
 withdrawn ; the court having maturely considered the evidence ad- 
 duced on the part of the prosecution, as well as what was offered 
 by the prisoner in his defence, is of opinion that the prisoner Staff-
 
 NOTES AND ILLUSTRATIONS. 14 1 
 
 Surgeon Stringer, is not guilty of the first charge, and does acquit 
 him of that charge. 
 
 "The court is of opinion that the prisoner is not guilty of the 
 second charge, and does acquit him of that charge. 
 
 "The court is of opinion that the prisoner is not guilty of the 
 third charge, and does acquit him of that charge. 
 
 "The court is of opinion that the prisoner is not guilty of the 
 fourth charge, and does acquit him of that charge. 
 
 "The court is of opinion that the prisoner is not guilty of the 
 fifth charge, and does therefore acquit him of that charge also." 
 
 It is the commander of the forces' order, that the foregoing charges 
 preferred against Staff-Surgeon Joseph Stringer, together with the 
 fii. ding of the court, shall be read at the head of every regiment in 
 Ireland, and entered in the general order book. 
 
 No. 2. The king's infirmary in the Phoenix Park is to be visited 
 daily by the field officer and the captain of the day, who will report 
 respectively to the officer commanding the garrison, any irregularity 
 which may fall under their observation, and any complaint which 
 may be made to them by the patients. 
 
 No, 3. The use of the strait waistcoat, or of any other coercive 
 mode of treatment, is not to be resorted to, except in cases of in- 
 sanity, in any military hospital on this establishment, without the 
 sanction of the surgeon general or physician general, if in Dublin, 
 or of the senior medical officer in the respective districts. In either 
 case an immediate report is to be made to the director general of 
 hospitals. 
 
 No. 4. The general court-martial of which Major- General 
 Will/ is president, is dissolved. 
 
 By order of the commander of the forces, 
 
 AYLMER, Adjutant- General. 
 
 8 d 10 mar
 
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 144 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 This statement is interesting m many respects. Among an ag- 
 gregate strength of 787,961 men, 766 were admitted into hospital 
 under the head "hernia," beinjj about 1 in 1000 of the strength. 
 Ten cases terminated fatally, being 1 in 78,796 of the aggregate 
 strength, and 1 in 76 of the cases admitted into hospital on account 
 of this disease. 
 
 The ratio of admissions among the cavalry of the united kingdom 
 is 1 per 1000, being exactly the mean ratio of admissions among 
 the troops (infantry and cavalry) employed in the different stations. 
 
 The obvious conclusion that may be drawn from these facts is, 
 that hernia adds very little to the inefficiency or the mortality of the 
 army. 
 
 PART III. 
 
 ON THE PENSIONING OF SOLDIERS. 
 
 I. Military Pensions Chelsea Hospital Out-Pensioners. 
 
 The earliest notice which I have discovered of the awarding of 
 military pensions is in the reign of Edward IV. who made a grant 
 to John Sclatter of four marks, for the loss of his hand at the battle 
 of Wakefield; and another to Rauf Veshynden, of an annuity of 
 ten pounds, by letters-patent under the great seal, till icwarded 
 with an office, "for the good and agreeable service which he did 
 nnto us," says the patent, "in carrying and holdying of our stan- 
 dard of the Black Bull at the batayl of Sherborne." 
 
 By the statute of the 43d of Q,ueen Elizabeth, justices of the 
 peace had power to charge every parish towards a weekly relief of 
 maimed soldiers and mariners, so that no parish paid weekly above 
 tenpence, nor under twopence; nor any county, which consisted of 
 above fifty parishes, to pay above sixpence, one parish with another; 
 which sums, so taxed, were to be assessed in every parish by the 
 parishioners, or, in default, by the churchwardens and constables, 
 or, in their default, by the next justice or justices of the peace. 
 The tax thus collected was to be paid over to the treasurer of the 
 county. A maimed soldier or mariner, who had been pressed, was 
 to repair to the treasurer of the county where he had been pressed; 
 if he were not pressed, then to the treasurer of the county where 
 he was born, or where he last dwelt for the space*>f Ihree years, 
 at his election ; but, if he was not able to travel, then to the treasu- 
 rer of the county where he landed. He was to be furnished with 
 a certificate under the hand and seal of the chief commander, or
 
 CHELSEA HOSPITAL. 145 
 
 of the captain under whom he had served, containing the particu- 
 lars of his hurts and services. Upon a proper certificate, the trea- 
 surer might allow a man the means of subsistence until the next 
 quarter-session, when the justices were empowered to grant him a 
 pension, not exceeding L.10 to a soldier; to an officer, under a 
 lieutenant, L.I 5; to a lieutenant, L.20. 
 
 A soldier or mariner who was found begging, or who counter- 
 feited a certificate, was to suffer punishment as a common rogue, 
 and to forfeit any pension he might have. 
 
 During the reign of Charles I. (1643,) parliament passed an act 
 empowering a tax to be levied upon the parishes in England, for 
 the purpose of raising a fund for the relief of maimed soldiers, and 
 the widows and fatherless children of slain persons. All persons 
 claiming relief from this fund were to bring a certificate, under the 
 hand of an officer belonging to the regiment "wherein the said 
 soldiers or slain persons did formerly serve, of the truth of their 
 being maimed or slain in the said service." 
 
 By a statute of 12th King Charles II., all officers and soldiers 
 who served under the command of the captain-general of the king's 
 forces in 1660, and who had not since deserted or refused to take 
 the oaths of supremacy arid allegiance, might exercise any handi- 
 craft or trade in manner following: viz. such as had been appren- 
 tices might exercise such trades as they were bound to, though they 
 served not out their lime, with like immunities as if they had, and 
 all other such trades as they were apt and able for in the towns and 
 places within the several counties where they were born ; and, if 
 implicated or indicted for the same, they might plead the general 
 issue, and should have double costs, if a verdict passed against the 
 prosecutor, or if he was non-suited or the suit disconiinued. The 
 privilege of exemption from penalties for exercising trades in cor- 
 porate towns has been continued to discharged soldiers, their wives 
 and children, by subsequent acts of parliament, to the 56th George 
 III. cap. 67. 
 
 CHELSEA HOSPITAL. 
 
 Louis XI\ r . founded the Hotel Royal des Invalides in Paris in 
 1670. On the 16lh February, 1682, twelve years afe-, the first 
 stone of the Royal hospital at Chelsea was laid by Charles II., who 
 was attended by a great concourse of nobility and gentry. How 
 far the latter monarch intended to rival the magnificence of Louis 
 XIV. in providing for his disabled soldiers, it is difficult to conjec- 
 ture. Several large subscriptions were received from wealthy indi- 
 viduals for the purpose of contributing to the erection of Chelsea 
 hospital. The construction of the edifice was carried enduring 
 the successive reigns of Charles II., James II., William and Mary, 
 and finally completed in 1690. The whole expense incurred in 
 its erection is said to have amounted to L.150,000. The hospital, 
 together with the out buildings, gardens, courts, and appurtenances, 
 occupies a space of about thirty-six acres. In all probability the
 
 146 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 hospital was, immediately after its completion, converted to the pur- 
 pose for which it was intended namely, the accommodation of 
 "decayed cavaliers." Simon Box, the first person who was buried 
 in the ground appropriated to the interment of pensioners, died on 
 the 23d of April, 1093. Charles II. also founded Kilmainham 
 hospital, for the reception of disahled soldiers in Ireland. 
 
 The affairs of Chelsea hospital are managed by commissioners, 
 appointed by patent under the great seal; they are commonly ear 
 officio, namely: 
 
 The Lord President of the Council, 
 
 First Lord of the Treasury, 
 
 Paymaster-General of the Forces, 
 
 Secretary at War, 
 
 Comptroller of Army Accounts, 
 
 The Governor and the Lieutenant-Governor of the Hospital. 
 
 The commissioners hold boards for the admission of pensioners, 
 and the internal regulation of the hospital. 
 
 By a warrant hearing date 1684, five per cent, or one-twentieth 
 shilling (poundage) was deducted from the pay of every officer and 
 soldier in the army; and under the head of "hospital money," one 
 day's gross pay annually. The amount of these deductions was 
 chiefly devoted to the support of Chelsea hospital. In M;iy, 1771, 
 his majesty was pleased to direct that the private men of the infan- 
 try should he exempted from poundage in those dear times, as also 
 from the deduction made for the regimental paymaster and surgeon, 
 amounting to 16s. 6d. a year-; and since this period, 1 believe, 
 neither "poundage" nor "hospital money" has been deducted from 
 the soldiers' pay. These deductions were made from the pay of 
 commissioned officers, until the year 1783, when they ceased. 
 
 There are commonly about from 450 to 520 in-pensioners, who 
 are divided into the following classes: 
 
 Weekly pay. 
 
 29 captains who receive each . . 3s. 6d. 
 
 34 Serjeants . . . . ^ 2 
 
 38 liht horsemen . . ^ 
 
 36 corporals ) n in 
 
 17 drummers ] 
 
 privates 08 
 
 Captains, serjeanfs, and corporals, are appointed from the most 
 deserving men. The "light horse" are generally selected for dis- 
 tinguished conduct in the army, or good behaviour while in the 
 hospital : they have, for the most part, been Serjeants in regiments 
 of cavalry. The pensioners are clothed in a uniform of scarlet, 
 faced with blue. 
 
 In the year 1695, the Earl of Randagh vested the sum of 
 L.3250 in the hands of trustees, and directed the interest to be
 
 OUT-PENSIONERS. 147 
 
 laid out in purchasing great-coats for the pensioners once in three 
 years. By another benefaction, the sum of L.60, 10s. is distributed 
 among the pensioners annually on the 29th of May. (See Note /) 
 
 OUT-PENSIONERS. 
 
 The hospital at Chelsea was perhaps at first capable of accom- 
 modating all the disabled soldiers who were considered fit objects 
 for the bounty of government, so that for some time no out-pension 
 list existed. From the restoration of Charles II. (1660,) to a com- 
 paratively late date, a portion of the British forces consisted of 
 'invalids." The men of these corps or companies were soldiers 
 partially disabled by wounds, or veterans who, from old age and 
 length of service, were rendered incapable of the duties of an 
 active campaign, but who were still judged fit for garrison duty. 
 In the year 1731, a motion was made in the house of commons, 
 "That a sum not exceeding L. 25, 348, 2s. should be granted to his 
 majesty, upon account for out-pensioriers of Chelsea hospital for 
 the year 1732." During the debate which took place on the mo- 
 tion, it was stated that the several bodies of invalids amounted to 
 4000. A member observed, that the pensioners were "admitted as 
 old and infirm, but being in, they seem immortal, their numbers 
 never decrease; surely many of these immortal old men might 
 have served as good soldiers even in a marching regiment, espe- 
 cially in peace, when there's no occasion for any great fatigue." 
 Another member, who had been a commissioner at the Chelsea 
 board, asserted that, while he was so employed, every care had been 
 taken to admit no invalids on the list of pensioners, but such as 
 were disabled in the service, or who had served their country for 
 at least twenty years. "We have," said he, "made them strip to 
 the skin, the better to judge of their inability; and after such strict 
 inquiry, we could not in humanity refuse to admit them." 
 
 Previously to 1754, the pensioners did not receive their pension 
 until a year's allowance had become due; but a bill was passed in 
 that year, authorising the pensions of discharged soldiers to be paid 
 in advance at half-yearly periods: and to this bill a clause was 
 added, enacting that all contracts should be void by which a pen- 
 sion might be mortgaged. The out-pensioners continued to be 
 paid half-yearly until 1815, when an act of parliament was passed 
 to enable the commissioners of Chelsea hospital to pay the pensions 
 quarterly, which mode of payment continues. Poundage is de- 
 ducted from the amount of pensions, in consequence of the issue 
 being made in advance. 
 
 Invalid soldiers seem to have been originally admitted into the 
 Royil hospital, or upon the out-pension list, in different modes. 
 One was by a letter addressed to the commissioners of Chelsea 
 hospital, by the secretary at war, signifying his majesty's direc- 
 tions that certain soldiers should be admitted as pensioners, pro- 
 vided they were qualified. Sometimes the communication signified
 
 T48 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 the positive commands of his majesty. ID 1761 or 1762, a warrant 
 was issued, directing that no person should he made a pensioner 
 unless he came from a regiment, and appeared in person before the 
 commissioners. It seems also that he forfeited his claim to a pen- 
 sion if he did not make his appearance within six months from 
 the time he was discharged, or gave a good reason for omitting to 
 do so 
 
 During the session of 1806, certain acts of parliament were 
 passed, in pursuance of which a new warrant was issued, contain- 
 ing a code of "Orders and regulations for the better ordering of 
 our army, and for improving the condition of non-commissioned 
 officers and soldiers, and for fixing the pensions, allowances, and 
 relief, to which non-commissioned officers and soldiers are to be- 
 come entitled on their discharge, by reason of the expiration of 
 certain periods of service, or as invalid, disabled or wounded." 
 The warrant is dated 7th of October, 1806. 
 
 Abstract of the Orders and Regulations contained in this and 
 several subsequent warrants if'hich were issued for the guid- 
 ance of the Commissioners of Chelsea Hospital, 
 
 I. Rates of pensions of men who shall be discharged after hav- 
 ing completed certain periods of service; namely, 14 years in the 
 infantry, and 17 years in the cavalry: serjeant-major, quartermas- 
 ter serjeant, serjeanf, corporal, and private, 5d. per day. Rates of 
 pensions after having served 21 years in the infantry, or 24 years 
 in the cavalry: serjeant-major and quartermaster serjeant. having 
 served three years as such, 2s.; serjeant, from Is. to Is. lUd. per 
 day. Half-penny a day to be added to the Is. for every year of ser- 
 vice as a corporal, and Id. for every year of service as a serjeant; 
 but the pension is in no case to exceed Is. 10d.: corporals, from 
 Is. to Is. 6d. Half-penny a day to be added to the Is. for every 
 year of service as a corporal, but the pension is in no case to exceed 
 Is. 6d. : private, Is. per day. 
 
 To non-commissioned officers or privates who serve after twenty- 
 one and twenty-four years respectively, one half-penny a day to be 
 added to the pension, for every year of service after the expiration 
 of these periods, without limit as to the amount. 
 
 II. Rates of pensions of non-commissioned officers, and soldiers 
 discharged as disabled or unfit for service: 6d. per day, if unfit 
 for service, but able to earn a livelihood; 9d. per day if disabled. 
 but able materially to assist themselves; Is. per day if disabled, but 
 able to contribute something towards their livelihood; Is. 3d. to 
 Is. 6d. per day, if incapable of contributing to earn a livelihood. 
 
 III. The third class of pensions were obtained by men in conse- 
 quence of a combination of claims, namely, length of service and 
 disabilities. The amount of the pension in this class is regulated 
 by the degree of a man's disability and his length of service: thus, 
 a soldier who, in respect of his disability merely, would be placed
 
 OUT-PENSIONERS. 149 
 
 on either of the two lower rates, shall, if discharged after serving 
 fourteen years in the infantry, or seventeen in the cavalry, be en- 
 titled to the pension of one shilling. 
 
 Soldiers discharged after seven years' service in the infantry or 
 ten in the cavalry, were to be allowed to reckon one year for every 
 two of absence subsequently to such discharge, and to be entitled 
 to a pension of 5d. on the expiration of fourteen or seventeen years 
 respectively, but registered men were liable to serve in case of an 
 emergency. In like mariner, when men were discharged after 
 fourteen or seventeen years' service, who had not received a pen- 
 sion, on account of disability, they were to be allowed Jo reckon 
 one year for every two of absence subsequently to such discharge^ 
 so as to be entitled to the full pension of Is. a day at the expira- 
 tion of twenty-one or twenty-four years respectively. 
 
 Soldiers were allowed to reckon three years for every two of ser- 
 vice in the West or East Indies, for the purpose of claiming increase 
 of pay and pension in case of discharge. 
 
 Such is an abstract of that part of Mr. Windham's act which 
 relates to the granting of pensions. By this bill the power of the 
 crown to grant or take away pensions was abrogated, and it gave 
 to the soldier a claim of right to a pension, upon the condition of 
 Serving for ce/tain periods of time, or if he were discharged as dis- 
 abled and unfit for service, without reference to length of service. 
 
 By a warrant of the 30th June, 1812, the commissioners of Chel- 
 sea Hospital were empowered to extend the rates of pension, under 
 certain circumstances, in the following proportions: 
 
 To every serjeant who shall have lost more than one limb, or 
 who shall have received such other bodily injury as to render him 
 totally incapable of earning a livelihood, or to subject him to the 
 necessity of requiring personal assistance, a rate of pension not ex- 
 ceeding, per day, 3s. 6d.; to every corporal, 3s.; to every private, 
 2s. 6d. 
 
 On the 16th February, 1818, a warrant was issued, by which the 
 following rules were established: 
 
 1. That the rates of pension to he granted to soldiers enlisting 
 subsequently to the 14th March, 1818, be in no case higher than 
 the rate of full pay enjoyed by them at their discharge, excluding 
 the additional pay, if any, for length of service. 
 
 This rule was essentially necessary to prevent malingering, as it 
 could hardly be expected that a soldier would serve cheerfully and 
 faithfully, when a pecuniary prize, amounting to a sum above his 
 pay, was to be gained by successfully feigning a disability, and 
 thereby procuring his discharge. 
 
 2. That in reckoning the service of soldiers claiming pensions, 
 no distinction be made between service in the East or West Indies, 
 and service in any other part of his majesty's dominions. 
 
 Under the provisions of Mr. Windham's act, a soldier who had 
 served in the East or West Indies might be entitled to a service
 
 150 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 pension of 5d. a-day for life at twenty-eight, and Is. a-day at thirty- 
 two years of age. 
 
 3. That soldiers enlisting subsequently to the 14th of March 
 1818, shall not be allowed to reckon absent time (one year for two) 
 as in Mr. Windham's act. 
 
 I am not aware of any good reason which can be assigned for 
 pensioning men on account of "absent time." Registered men 
 might be called out, no doubt, in cases of emergency; but it would 
 have been much easier to raise young recruits, and to make them 
 adepts in the military exercise, than to induce reluctant, and con- 
 sequently malingering pensioners, to perform their duty efficiently. 
 
 4. That, with respect to soldiers at present serving, the com- 
 missioners of Chelsea Hospital shall have the discretion of grant- 
 ing, as a final pension, more than 5d. arid less than Is. to those 
 who shall have served more than fourteen years and less than 
 twenty-one years in the infantry, or more than seventeen and less 
 than twenty four in the cavalry, according to the number of years 
 such soldiers shall have served. 
 
 5. That the commissioners shall not grant pensions, in respect 
 of disability, unless such disability be stated in the discharge of the 
 soldier to have been contracted on service. Commanding officers 
 to recommend the discharged soldier, when. they thirfk him deserv- 
 ing of recommendation. 
 
 This rule was evidently framed for the purpose of excluding 
 from the bounty of government all those individuals who had be- 
 come disabled, except by the exigencies of the service. 
 
 According to the warrants of tbe 22d March, 1822, and 4th No- 
 vember. 1826, no soldier, who enlisted after the 24th April, 1822, 
 shall be entitled to a pension for service alone, until he shall have 
 completed twenty-one years in the infantry, or twenty-four in the 
 cavalry. 
 
 In the appreciation of a man's claim on account of disabilities, 
 the board is assisted by the assistant surgeon of Chelsea Hospital 
 and the principal medical officer attached to the invalid depot, 
 Chatham, or a staff-surgeon belonging to that establishment. The 
 discharge of a man, who receives a pension, is retained at Chelsea 
 Hospital, being the record upon which the bounty of government 
 is granted. In the working of this system, the commissioners used 
 to exercise considerable discretion in regard to the amount of pen- 
 sions given in particular cases, the following pensions being com- 
 monly awarded on account of specific disabilities, without reference 
 to the service of the parties; and, except in particular instances, 
 little attention was paid to rank. 
 
 Per Diem. 
 
 Total blindness, Is. 9d. 
 
 A serjeant when blind, 2 
 
 Loss of one eye, 9
 
 OUT-PENSIONERS. 151 
 
 the elbow-ioint, - - 9 
 
 Amputation of -, 
 
 < above, - - -. k 10 
 
 an arm, J . , , ,j . -, / 
 
 ( at the shoulder-joint, - 1 6 
 
 Amputation of ( below the knee, 9 
 
 a leg, i above, -10 
 
 Hernia 5 sinffle ' 6 
 
 J double, - - 9 
 
 When a soldier was entitled to one shilling per diem, or above 
 that amount, on account of service alone, and was discharged for 
 any ordinary disability, he was commonly awarded to the amount 
 of the service rate only, inasmuch as the board considered that 
 such rate was an adequate remuneration. He generally obiained 
 a pension according to the claim which was most favourable to 
 him, whether it were on account of length of service, or the degree 
 of his disability. 
 
 The commissioners carried the 4th article of the warrant of the 
 16th February, 1818, into effect, according to the following scale: 
 
 Cavalry. Infantry. per^Diem. 
 
 17 years' service, and under 18 14 and under 15 Os. 5d. 
 
 18 ditto 20 15 ditto 17 07 
 20 ditto 24 17 ditto 21 09 
 
 According to the regulations of 1806, a soldier had a legal right 
 to a pension for life, when he had served a prescribed period, or 
 was discharged in consequence of being disabled and unfit for ser- 
 vice, provided that he was not specifically deprived of (bat right 
 by the sentence of a court-martial, or that the disability for which 
 he was discharged was not occasioned by "vice or misconduct." 
 The "vice or misconduct" contemplated in the act is defined to be 
 conduct which occasions a physical disability, such as voluntary 
 maiming, &c. 
 
 In framing these regulations it does not appear to have been con- 
 temp'ated that a soldier might become disqualified for the service 
 by disgraceful conduct. According to the opinion of .counsel, moral 
 depravity does not. under this act, cancel a soldier's claim to a pen- 
 sion for length of service. Hence, when a man has served the 
 prescribed period which entitles him to a pension, he may procure 
 his discharge by feigning disabilities, or, by the commission of 
 crimes, which may render it expedient to discharge him from a 
 corps. 
 
 The commissioners of Chelsea hospital were, therefore, in a great 
 measure, prevented from exercising a discretionary power in regard 
 to the character and conduct of a man when they awarded him a 
 pension. When a soldier who had been "discharged as disabled 
 or unfit for service," was brought before the board, the chief busi- 
 ness of the commissioners was to apportion a pension according to 
 the alleged disability or degree otunfilness for labour.
 
 152 
 
 MARSHALL ON THE ENLISTING, ETC. OP SOLDIERS. 
 
 The following statement will show the numbers on the 
 Pension List from 1741 to the year 1831. 
 
 Years. 
 
 Pensioners. 
 
 Amount of 
 pensions. 
 
 Mean rate of 
 pensions. 
 
 1741 
 
 3,865 
 
 
 S. D. 
 
 1745 
 
 5,133 
 
 
 
 
 
 1750 
 
 9,087 
 
 
 
 
 
 1755 
 
 Q A9-) 
 
 
 
 1760 
 
 6,612 
 
 
 
 
 
 176*1 
 
 1 K 000 
 
 
 
 1770 
 
 1 K QOQ 
 
 
 
 1775 
 
 15,770 
 
 
 
 
 
 1780 
 
 10,961 
 
 
 
 
 
 1785 
 
 20,273 
 
 
 
 
 
 I'/ 90 
 
 20,091 
 
 
 
 
 
 1792 
 
 20,150 
 
 158,102 
 
 54 
 
 1795 
 
 16.995 
 
 133.375 
 
 o 54 
 
 1800 
 
 16.695 
 
 132,298 
 
 54 
 
 1805 
 
 22.290 
 
 187,281 
 
 5 
 
 1810 
 
 -.23,050 
 
 . 417,035 
 
 1 
 
 1815 
 
 36,757 
 
 665,646 
 
 1 
 
 1820 
 
 55,911 
 
 972.704 
 
 o 114 
 
 1825 
 
 81.877 
 
 1.350.113 
 
 10i* 
 
 1826 
 
 82,734 
 
 1,372.330 
 
 10 
 
 1827 
 
 85,515 
 
 1,420,464 
 
 10 , 
 
 1828 
 
 85.835 
 
 1,437,756 
 
 10] 
 
 1829 
 
 85.756 
 
 1,436,663 
 
 I Of 
 
 1830 
 
 K 724 
 
 
 
 1831 
 
 84,534 
 
 
 
 
 
 This statement shows that the pension list gradually increased 
 during a long period of profound peace, a circumstance which 
 indicates that the regulations required alteration. A larjie propor- 
 tion of the pensioners in 1829 were neither old men, nor suffering 
 under serious disabilities, as may be inferred from the annual ratio 
 of mortality, which was only between three and a half and four 
 per cent. There were, in 182S, 19,OUO men on the Chelsea list, 
 whose mean age was about thirty-one years, and who received six- 
 pence a day in consequence of alleged disabilities. During the 
 year 1828, ninety men were placed on the out-pension V\*t who 
 had not served two years, or reached twenty-two years of a<, r e. A 
 system under which soldiers could, for very short service, be pen- 
 
 1 The Kilmainham pensioners were this year (1825) joined to the Chelsea 
 pensioners.
 
 OUT-PENSIONERS. 
 
 153 
 
 sioned for life, easily accounts for the constantly increasing num- 
 bers of pensioners. A facility of quitting trie service on false 
 grounds, whether a man receives a pension or not, is calculated to 
 encourage imposition, and to injure the iliscipline of the army. 
 
 To show the practical operation of Mr. Windham's act, 1 have 
 subjoined a return of the number of men admitted on the pension 
 list during the year 1828. distinguishing the average age and length 
 of service, and the proportion per cent, of the men discharged after 
 each period of service. 
 
 Number. 
 
 Average age 
 about 
 
 Period of service. 
 
 Proportion p r 
 cent, of tbe num- 
 ber discharged. 
 
 90 
 
 21 years. 
 
 From 1 to 2 years. 
 
 4.1 
 
 123 
 
 24 
 
 3 5 
 
 5.5 
 
 192 
 
 29 
 
 510 
 
 8.7 
 
 326 
 
 33 
 
 10 13 
 
 14.8 
 
 176 
 
 34 
 
 14 15 
 
 8. 
 
 785 
 
 37 
 
 15 20 
 
 35.8 
 
 188 
 
 4i 
 
 21 22 
 
 8.5 
 
 118 
 
 41 
 
 2223 
 
 5.4 
 
 65 
 
 43 
 
 2324 
 
 3. 
 
 76 
 
 44 
 
 2425 
 
 3.8 
 
 17 
 
 43 
 
 25 26 
 
 8 
 
 6 
 
 47 
 
 26 27 
 
 3 
 
 7 
 
 48 
 
 27 28 
 
 3 
 
 12 
 
 47 
 
 2829 
 
 5 
 
 6 
 
 52 
 
 29 30 
 
 3 
 
 4 
 
 51 
 
 30 and upwards 
 
 1 
 
 2190 
 
 
 
 100 
 
 The out-pension list amounted, in 1823, to 81,189, and in 1827 
 it was 85,515 ; showing a great annual increment of permanent 
 pensions. The number of men discharged on account of disabili- 
 ties, from 1823 to 1827, both years inclusive, amounted to 18,378, 
 or annually, 3,675 a number equal to about 3.7 per cent, of the 
 army- Of the 18,378 alleged disabled men who were discharged, 
 17,486 were pensioned for life under the subjoined three classes of 
 claims. 
 
 It would be interesting to ascertain what has been the ratio of 
 mortality among the 1714 men, (see next table,) who were pensioned 
 on account of alleged disabilities at the mean age oftwenty-fouryears. 
 
 Sir Henry Hardinge instituted an investigation into the pension 
 list in 1828, and, owing to his exertions, the increment during that 
 year exceeded the decrement by only 319. In 1829, the list 
 amounted to 85,756, which was a reduction of seventy-eight below 
 the list of the year 1828, and the amount of charge was less by 
 L.1093.
 
 154 
 
 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 
 
 Oj Q 
 
 V. 
 
 i 
 
 
 L* 
 
 CC .^ 
 
 o . 
 
 
 
 
 QJ 
 
 - CO 
 
 r" 
 
 CO 
 
 
 .0 
 
 a 
 
 5| 
 
 ^ >" 
 
 c 
 
 0) 
 
 
 3 
 
 o> c - 
 
 S o> 
 
 w 
 
 
 & 
 
 S'o 
 
 ~-. fi 
 
 s 
 
 
 
 
 Yrs. Mths. 
 
 Yrs. Mths. 
 
 
 
 S. C/. 
 
 
 
 Alleged disabilities, ) 
 
 
 
 
 
 without reference to > 
 
 1,714 
 
 7 
 
 4 4 
 
 24 
 
 length of service, ) 
 
 
 
 
 
 Alleged disabilities, ) 
 and service combined, \ 
 
 5,475 
 
 84- 
 
 13 10 
 
 33 3 
 
 Alleged "worn ) 
 
 
 
 
 
 out," pensioned for > 
 
 10,297 
 
 1 0* 
 
 22 2 
 
 40 2 
 
 ength of service. ) 
 
 
 
 
 
 
 
 17,486 
 
 
 
 
 (Subjoined is a detailed statement of the numbers at present on 
 the pension list, extracted from the army estimates, 18th Feb. 1839. 
 
 Out-Pensioners of Chelsea Hospital. 
 
 a 
 
 
 in 
 
 CS .J 
 
 
 . 
 
 
 
 
 
 
 E 
 
 
 
 
 
 
 
 
 2 oi 
 
 2 
 
 V 
 
 JP ? 
 
 a 
 
 a 
 
 
 
 
 I 
 J3 GO 
 
 "a 
 
 c 
 
 ~4> 
 
 c 
 a 
 
 CO 
 
 a 
 
 J 
 
 Rate. 
 
 For one day. 
 
 5 oo 
 
 be 
 
 cd Q 
 
 *^ br 
 
 
 o 
 
 2 
 
 
 
 3 I 
 
 V 
 
 cv 
 
 -- 
 
 S 
 
 Q) 
 
 k_. 
 
 O 
 
 
 
 5 
 
 K 
 
 CQ CU 
 
 CO 
 
 
 r 1 
 
 
 
 T n 
 
 2 
 
 
 
 2 
 
 
 , 
 
 2 
 
 at 24d. a day. 
 
 JLj. b. I/. 
 
 005 
 
 1 
 
 
 3 
 
 1 
 
 
 
 
 4 
 
 3 
 
 010 
 
 35 
 
 19 
 
 
 
 
 14 
 
 33 
 
 41 
 
 13 Of 
 
 4,728 
 
 2,114 
 
 1,097 
 
 
 1,363 
 
 
 4,574 
 
 5 
 
 95 5 10 
 
 27 
 
 
 
 
 24 
 
 41 
 
 24 
 
 54 
 
 11 
 
 15,024 
 
 13,653 
 
 98 
 
 
 946 
 
 
 14,738 
 
 6 
 
 368 9 
 
 25 
 
 
 
 
 25 
 
 
 25 
 
 64 
 
 3 64 
 
 2,167 
 
 2,003 
 
 18 
 
 
 85 
 
 
 2,106 
 
 7 
 
 61 8 6 
 
 15 
 
 
 
 
 14 
 
 
 14 
 
 74 
 
 089 
 
 471 
 
 
 450 
 
 
 34 
 
 
 484 
 
 8 
 
 16 2 8 
 
 20 
 
 
 
 
 19 
 
 
 19 
 
 84 
 
 13 5 
 
 13,182 
 
 11,732 
 
 5 
 
 23 
 
 1,012 
 
 6 
 
 12,778 
 
 9 
 
 479 3 6 
 
 29 
 
 
 
 
 28 
 
 
 28 
 
 9J 
 
 122 
 
 1,546 
 
 1,489 
 
 18 
 
 
 61 
 
 
 1,568 
 
 10 
 
 65 6 8 
 
 21 
 
 
 
 
 20 
 
 
 20 
 
 104 
 
 17 6 
 
 30 
 
 12 
 
 
 
 28 
 
 
 40 
 
 11 
 
 1 16 S 
 
 42 
 
 14 
 
 
 
 26 
 
 
 40 
 
 114 
 
 I 18 4 
 
 2 
 
 
 
 
 2 
 
 
 2 
 
 lif 
 
 1 114 
 
 18.157 
 
 15,093 
 
 17 
 
 50 
 
 2,430 
 
 1 
 
 17,591 
 
 Is. 
 
 879 11 
 
 22,369 
 
 19,424 
 
 3 
 
 1 
 
 3,388 
 
 
 22,816 
 
 * 
 
 1551 7 8 
 
 1,439 
 
 1,214 
 
 2 
 
 6 
 
 243 
 
 
 1,465 
 
 Between 
 
 162 6 
 
 79,332 
 
 66,767 
 
 1,711 
 
 83 
 
 9,748 
 
 62 
 
 78,371 
 
 do. for 1 day. 
 
 36S7 18 Si 
 
 Which for 366 days is L. 1,349,783 19s. 74d. 
 
 * At various rates between Is. and 2s. a day, in consideration of being totally dis- 
 abled by blindness, or otherwise, or of having been more than 21 years in the infantry, 
 or 24 in the cavalry.
 
 PENSIONING WARRANT. 155 
 
 II. Pensioning" Warrant, 1829. 
 
 General Heads of Arrangement of the Regulations for Pen- 
 sioning Soldiers. 
 
 REVISED WARRANT, canceling all existing warrants, regu- 
 lations, &c. 
 Articles. 
 
 1 to 14. Division of pensions into four classes. 
 1st. Length of service. 
 2cl. Wounds received in action. 
 3d. Disabilities, after 14 years' service. 
 4th. Disabilities, under 14 years' service. 
 15 to 21. Special rases of disability, how to be dealt with. 
 22 to 33. Forfeiture of pension for misconduct, specified in each 
 
 article. 
 34 and 35. Commutation of pension for a sum of money or grant 
 
 of land. 
 3(3 to 45. Rules in reckoning service, showing what description 
 
 of service will be admitted or excluded. 
 
 46 to 56. Conditions under which discharges may be obtained. 
 57 to 62. Deductions to which the pensioner is liable. 
 
 GEORGE R. 
 
 WHEREAS we have judged it expedient to revise, 
 amend, and consolidate the rules, orders, and regulations, which, 
 in furtherance of various acts of parliament, have from time to time 
 been established for the better ordering of our army, and for im- 
 proving the condition of soldiers, by granting them pensions, allow- 
 ances, and relief, on their discharge after certain periods of service, 
 as wounded, disabled, or invalided, in our service : 
 7th Oct'r. 1806. Our will and pleasure therefore is, that the seve- 
 22' I 1 J ^ ne 1 12 ' ral warrants bearing the respective dates specified in 
 
 28th Feb. 1814. t_ r ii i " j 
 
 25th Mar. 1816 * ne mar m hereof, and that all rules, orders, and 
 
 19th Dec. 1816. regulations consequent thereupon, shall (subject to 
 
 I6ih Feb. 1818. the reservation herein contained) be void; and that 
 
 28th JuTy 1823 H1 ' leu tnere f> lne rules, orders, and regulations an- 
 
 I9ih Au. 1823! nexed to this our warrant, shall henceforth be in 
 
 4th Nov'r. 1826. force. 
 
 It is our further will and pleasure to reserve and continue to all 
 non-commissioned officers and soldiers enlisted before the first day 
 of December, 1829, every benefit to which they may respectively 
 be entitled under the warrants and regulations hereby made void. 
 
 And we do hereby direct and order, that the commissioners of 
 our Royal hospital at Chelsea, as well as all other persons whom it 
 may in any wise concern, shall strictly observe and obey this our 
 warrant, and the regulations annexed to it. 
 
 Given at our court at Windsor, this fourteenth day of Novem- 
 ber, 1829, in the tenth year of our reign. 
 
 By his majesty's command, 
 
 HENRY HARDINGE.
 
 156 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 Regulations. 
 
 1. All non-commissioned officers and soldiers enlisted previously 
 to the first day of December, 1829, shall, as regards their right to 
 claim pensions for service and wounds, remain entitled to every 
 benefit or provision which they can at present claim under any 
 warrants or regulations which were in force at the time of their 
 enlistment; but the following rules and regulations only shall be 
 in force, and applicable to all non-commissioned officers and sol- 
 diers enlisted after the thirtieth day of November, 1829. 
 
 2. Claims for pensions shall be divided into the four following 1 
 classes : 
 
 First class. Length of service. 
 
 Second class. Wounds received in action. 
 
 Third class. Disabilities contracted in the service, after fourteen 
 years' service. 
 
 Fourth class. Disabilities contracted in the service, under four- 
 teen years' service. 
 
 FIRST CLASS. Length of Service. 
 
 3. A soldier enlisted for unlimited service has no claim, as a 
 matter of right, to his discharge, either with or without a pension, 
 after any period of service, however long. 
 
 4. No soldier, when discharged, shall be allowed a pension for 
 length of service alone, unless he shall have served twenty-four 
 complete years in the cavalry, or twenty-one years in the infantry; 
 but, when discharged after those periods of service, he may be 
 allowed a pension, not exceeding the under-mentioned rates, viz: 
 
 Private. 
 
 After Years Rates 
 
 of Service. per Diem. 
 
 f n , ( 24 Is. Od. 
 
 If discharegd on account ""? \ 28 1 
 
 of the public service. T r ^21 10 
 
 Infantry 
 
 If discharged at his own ( Cavalry 24 10 
 
 request. ( Infantry 21 10 
 
 Soldiers are bound to serve until they are legally discharged ; 
 but this tontract is not mutual, inasmuch as a soldier may be "dis- 
 charged on account of the public service," whenever it is deemed 
 expedient by government to do so, and without his consent being 
 required for that purpose. Soldiers are said to be "discharged on 
 account of the public service," when they receive their discharge 
 in consequence of "ttnfilness for service." Men belonging to the 
 infantry, who enlisted previously to 1833 ; and who have served
 
 PENSIONING WARRANT 1829. 167 
 
 21 years, and have been discharged as disqualified for military 
 duty, become entitled to an annuity of Is. a day for life; hut if a 
 man be discharged at his own request, after a service of the same 
 period, he receives only 10(1. a day. The practical effect of this 
 regulation will be to promote the simulation of disabilities, inas- 
 much as an alleged infirm man will receive 2d. a day more than a 
 mar;, with the same service, who does not allege that he is unfit for 
 military duty. If a discharge from the army and a pension can 
 be more easily obtained by a soldier, on account of alleged disabili- 
 ties, than after the same length of service without any specific 
 infirmity, disabilities will come upon him all at once, when he has 
 completed the period of 21 or 22 years in the army; and if a man 
 who has served that time, including the usual share of foreign 
 service, alleges that his strength is inadequate for military duties, 
 worn out in fact, or that he suffers from rheumatism, what medical 
 man will have the hardihood to gainsay him? But it may he 
 asked, ought alleged disabilities to enhance the claim of a soldier 
 to a pension, after 21 years' service? Impaired health is rarely an 
 evidence of merit in a soldier it is frequently a result of culpable 
 conduct, intemperance, moral delinquency ; and consequently, 
 when a man is discharged on account of alleged disabilities, he 
 may be indebted for the extra 2d. a day to moral or physical infir- 
 mities, rather than to good conduct or a meritorious character. 
 Health and efficiency in an old soldier may be considered as tolera- 
 bly conclusive evidence that he has lived temperately, performed 
 his duty regularly, and conducted himself creditably. 
 
 The practice of other powers in regard to the remuneration of 
 soldiers, after certain periods of service, deserves consideration. 
 When the Duke de Choiseul became minister at war, in 1761, he 
 fixed a soldier's engagement in the French army at eight years. 
 Those who re-enlisted at the expiration of that period were entitled, 
 at the end of sixteen years, to half-pay and clothing, and if they 
 served a third period of eight years, they retired with full pay and 
 clothing, without reference to disabilities. 
 
 In the East India Company's service, Serjeants of the European 
 force, who have served twenty-one years, whereof the last eight 
 have been in that capacity, are entitled to receive, during life, 
 a pension of Is. 9d. a-day, and those who have lost a limb 2s. 
 a-day. 
 
 Serjeants who have served fourteen years in the company's army, 
 and who have been discharged on account of debilitated constitu- 
 tions, are entitled to Is. a day for life. 
 
 All corporals and privates discharged at their own request, after 
 twenty-one years' service, are to receive Is. a-day; and corporals 
 and privates after fourteen years' service, discharged as unfit on 
 account of broken constitutions, are entitled to receive ninepencc 
 a-day. 
 
 In the army of the United States of America, each recruit who 
 enlists for a period of five years is allowed a premium of 124 
 8 e 11 mar
 
 MARSHALL ON THE ENLFSTING, ETC. OF SOLDIERS. 
 
 dollars. 50 to he paid at enlistment, 50 after joining a regiment, and 
 24 when he is discharged; and each non commissioned officer and 
 private becomes entitled to receive in possession 320 acres oi land 
 when he is honourably discharged. By a law passed in 1816. the 
 legal representatives of soldiers who were killed or died in the 
 service, were allowed to claim the bounty of land by virtue of their 
 right. (Dr. Seybert, Statistical Annals, page 591.) 
 
 The commissioners, in their report on the subject of military 
 punishments, suggest, that " no consideration of expense, within 
 reasonable bounds, should be allowed to stand in the way of 
 attending to the comforts of the soldier while in the service, and 
 of a sufficient pension for the good and deserving men, after the 
 service has been performed^' a recommendation with which I 
 most cordially agree. Rash and imprudent contracts may be 
 entered into by parties, but they will not be cheerfully fulfilled, nor 
 will compulsion efficiently enforce them, unless the terms of the 
 agreement are found upon trial to be mutually advantageous. A 
 recruit commonly enlists when he is a minor, and ignorant of all 
 the consequences of his engagement ; but by exposing himself to 
 death and mutilation, or the diseases and mortality of tropical 
 climates, he acquires a strong claim to an adequate means of sub- 
 sistence, when, from long service, he becomes unfit for the duties of 
 his profession. 
 
 5. If a soldier shall be discharged on reduction or disbandtnenl 
 of his corps after a service of fourteen years, but under twenty-four 
 years in the cavalry, or twenty-one years in the infantry, he may, at 
 the discretion of the commissioners, be allowed the gratuity speci- 
 fied in article 46 of these regulations; and shall be eligible to 
 re-enter the service, according to the rule laid down in article 41. 
 
 6. Serjeant-major, quarter-master-serjeants, troop scrjeants-major, 
 colour-serjeants, Serjeants and corporals, shall have their pensions 
 computed at the same rate as privates, with the following addition 
 for every year of service as non-commissioned officers, viz. 
 
 Serjeants-major 2d. ] { 2s. 4d. 
 
 Quarter-master { , I Total pension for service not I Oo 01 
 
 > /(!. j I /iS. /w(J. 
 
 Serjeants $ f to exceed - 
 
 Serjeants Id. j | Is. lOd. 
 
 Corporals 0|d. } ( Is. 4d. 
 
 Provided always that the non-commissioned officer shall have 
 served twenty-four years in the cavalry, or twenty-one years in the 
 infantry, and shall have been discharged as a non-commissioned 
 officer, having served, without interruption, as such for the three 
 years immediately preceding his discharge. And no non-commis- 
 sioned officer shall receive the aforesaid superior rates, if discharged 
 whilst holding an inferior rank. 
 
 The period during which any soldier may have been employed 
 as an acting /ance-serjeant or corporal, shall not be allowed to 
 reckon as non-commissioned officers' service.
 
 ft if* . -'.<> 
 
 PENSIONING WARRANT 1829. 
 
 
 159 
 
 A soldier exchanging from cavalry to infantry, or from any 
 regular service, shall reckon his service according to the regula- 
 tions applicable to the corps in which he may be serving when 
 discharged. 
 
 [When a non-cotnmissioned officer is discharged at his own 
 request, a diminution of twopence a day shall be made in all ranks, 
 from the rate of the pension to which fie would otherwise, according 
 to the scale in this article, he entitled for actual service.] Art. 6, 
 by order of the king, signified to the secretary at war, July 30, 
 Ib30. H.H. 
 
 SECOND CLASS. Wounds received in action. 
 
 f'M 01 
 
 7. The daily rates of pensions for wounds or injuries received in 
 action are to be governed by the rules contained in the following 
 schedule: viz. 
 
 
 First Degree. 
 
 Second Degree. 
 
 Third Degree. 
 
 Fourth 
 
 Degree. 
 
 
 Men losing two 
 
 
 Men able to con- 
 tribute in a small 
 degree towards a 
 livelihood. 
 
 
 
 
 limbs, or both eyes. 
 
 
 
 
 
 from wo 
 
 inds, or 
 
 
 Men ah 
 
 le to 1:011- 
 
 RANK. 
 
 being so severely Men rendered in- 
 wounded as to be capable of earning a 
 totally incapable livelihood, but not 
 of earning a livcli- requiring the care of 
 lio (1, and to re- ano.her person 
 
 tribute materially 
 towards a liveli- 
 hood, althoug i un- 
 fit for the ordinary 
 duties of the ser- 
 
 
 quire the assist- 1 
 
 vice. 
 
 
 
 ance and 
 
 care of 
 
 
 
 
 some other person. 
 
 
 
 
 
 From 
 
 To 
 
 From To 
 
 From 
 
 To 
 
 From 
 
 To 
 
 
 *. d. 
 
 s. d. 
 
 s. d. s. d. 
 
 *. d. 
 
 s. d. 
 
 *. d. 
 
 *. d. 
 
 Serjeant 
 
 2 6 
 
 362030 
 
 1 6 
 
 2 
 
 1 
 
 i 6 
 
 Corpora! 
 
 2 
 
 3 
 
 1620 
 
 1 
 
 1 6 
 
 9 
 
 I 
 
 Private 
 
 1 6 
 
 2 
 
 1016 
 
 9 
 
 1 
 
 6 
 
 9 
 
 ' 
 
 8. In cases of severe wounds or injuries received in action, the 
 pension shall be fixed, according to the rates in the foregoing sche- 
 dule, by the commissioners of Chelsea hospital, who will grant the 
 lowest or the highest, or any intermediate rate, according to the 
 degree of the injury received, the length of the soldier's previous 
 service, his character, or any peculiar circumstances attending his 
 conduct at the time the wound was received. 
 
 
 
 THIRD CLASS. Disabilities or injuries contracted on service, 
 after fourteen years' service. 
 
 9. Any non-commissioned officer or soldier discharged after 
 fourteen years' service, but under twenty-four years in the cavalry, 
 or under twenty-one in the infantry, for a permanent disability con- 
 tracted by and in the service, may be awarded a permanent pension 
 at the following rates, viz.
 
 160 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 A Serjeant, from 9d. to Is. 3d. 
 
 A corporal, from 7d. to Is. Od. 
 
 A private, from 6d. to Os. 9d. 
 
 Provided that the serjeant or corporal shall have served at least 
 five years in the rank he holds when discharged, and that the 
 disability was not occasioned by any want of proper care on his 
 own part. But unless the injury for which the soldier may have 
 been discharged be considered by the commissioners to be perma- 
 nent, he shall be awarded a conditional pension only, at their 
 discretion. 
 
 I presume the period of "Jive years" mentioned in this article, 
 must be uninterrupted. 
 
 The term "conditional pension" implies that the soldier shall be 
 liable to occasional examinations, and that the bounty of govern- 
 ment is not intended to be allowed for a longer period than the 
 actual existence of the disability for which he was considered 
 disqualified for the service and discharged. 
 
 In the French army, all persons who have been pensioned on 
 account of disabilities under twenty years' service, are held liable 
 to be examined annually by medical officers until they reach fifty 
 years of age, for the purpose of ascertaining whether they continue 
 disabled. Those who recover have the option of joining the army 
 or not, but the pension ceases if they remain at home. It would 
 appear that a considerable portion of the Chelsea pensioners do not 
 labour under disabling infirmities. Of about 26.000 pensioners 
 that were in Ireland in 1828, 60UO were, upon examination, found 
 fit for service in the field or in a garrison ; and when the pensioners 
 who receive less than one shilling per day in Great Britain were 
 examined early in 1831, from one third to one half of the whole 
 number were found fit for military duty. In one station of 1300 
 pensioners which were inspected, 600 were returned fit for duty. 
 The most surprising recoveries had taken place. Men who had 
 been discharged as blind were restored to sight, the deaf heard, 
 and the lame ceased to halt. 
 
 10. The precise amount of pension for permanent disabilities 
 mfter fourteen years' service shall be regulated at the discretion of 
 ihe commissioners of Chelsea hospital, according to the time the 
 soldier may have served ; the climate in which he may have been 
 serving; the degree of the disability as affecting his means of earn- 
 ing a livelihood, and his good conduct whilst serving ; but no 
 pension shall be granted on account of disability, if it has been 
 occasioned by vice, intemperance, or misconduct. 
 
 FOURTH CLASS. I. Disabilities under fourteen years' service. 
 
 11. Any non-commissioned officer or soldier discharged tinder 
 fourteen years' service, in consequence of disability contracted in 
 and by the service, and not from a want of proper care on his part,
 
 PENSIONING WARRANT 1829. 161 
 
 may, at the discretion of the commissioners, be awarded a tempo- 
 rary pension, according to the following scale : 
 
 Under 14 years, and above 10 years' service; a temporary pen- 
 sion of 6d. a day for a period extending from two to three years. 
 Under 10 years, and above 7 years' service; 6d. a day from one tr> 
 two years. Under 7 years' service ; (id. a day from one to eighteen 
 months. 
 
 In special cases, where a gratuity in money, proportioned to the 
 length of the soldier's service, may be considered more advantageous 
 to his interests than a temporary pension, a sum varying from 1 
 to 18 may be given him, as a commutation, under the authority 
 of the secretary at war, if the soldier be discharged without being 
 examined by the commissioners, or under their authority, if exam- 
 ined by them. 
 
 12. In extreme cases of disability or injury, under fourteen years* 
 service, resulting from military duly, or the effects of climate, the 
 temporary pension of 6d. a day may, under extraordinary circum- 
 stances of severe suffering from service, be augmented to 9d. and 
 renewed for a specific period, at the discretion of the commissioners; 
 but these cases shall be deemed special, and registered as such, with 
 the grounds on which they have been decided. 
 
 13. Iti all special cases when pensions on account of disabilities 
 or accidents are granted, and likewise when pensions are refused, 
 or claims are deemed to be forfeited, the decision of :he commission- 
 ers, with the grounds thereof, shall be communicated to the secretary 
 at war, in order that the result may be notified to the regiment from 
 which the soldier was discharged. 
 
 14. The decision of the commissioners in fixing the rate of 
 pension granted for service, wounds, or disabilities, shall be final, 
 and the amount of the pension shall not be augmented on account 
 of alleged increase of disability, afler the soldier shall have left the 
 service, unless any special circumstances shall occur and be brought 
 forward within two years after the original grant of pension, to jus 
 tify a reconsideration thereof. 
 
 II. Special canes of disability or injury. 
 
 15. No soldier shall be discharged for the loss of one eye only, 
 whether it be the right or left. 
 
 16. If a soldier shall have lost one eye by a wound, and shall 
 receive other wounds or injuries in action, which render his dis- 
 charge necessary, the loss of an eye may be taken into consideration 
 by the commissioners, in fixing the pension at such a rate as his 
 service and disability combined may, in their judgment, entitle him 
 to receive. 
 
 17. In cases in which an eye shall have been lost by the efforts 
 of service, and not by wounds, the loss may be considered by the 
 commissioners, at their discretion, in apportioning the raie ol pen- 
 sion. If under fourteen years' service, the loss of an eye may be
 
 162 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 taken into consideration, and a temporary pension, or a gratuity, 
 be granted, according- to the scale luid down in the llth and 12th 
 articles of these regulations. 
 
 lb. In case a soldier shall become totally blind from unavoidable 
 causes, clearly attributable to service alone, and not occasioned by 
 vice, intemperance, or other misconduct, he may be allowed a pen- 
 sion varying according to the following scale, viz. 
 
 Serjeant, having; served as a non-commissioned officer ten years, 
 and not less than rive years as a Serjeant, from Is. 3d. to 2s. ; cor- 
 poral, having served as such for seven years, from Is. to Is. 3d.; 
 private from 9d. to Is. 
 
 If the soldier shall have served more than fourteen years, and is 
 discharged with a good character, and. with a constitution impaired 
 by the effects of colonial service, an increase not exceeding 3d. 
 a-day may be added to the aforesaid rates ; but the precise rate 
 shall be determined at the discretion of the commissioners, accord- 
 ing to the principles laid down in article 10 of these regulations. 
 
 19. Whenever a case of total or partial blindness shall be involved 
 in so much doubt, as to have been reported by a court-martial or by 
 a medical officer to he a tl suspicions case," the commissioners shall 
 deal with it as to them may seem most just; but in every case in 
 which it is proved that a soldier has tampered with his eyes, or 
 that his loss of sight has been caused by vice, intemperance, or 
 other misconduct, and that his character is bad, instead of being 
 discharged on a pension, he shall be detained in an eye infirmary, 
 or shall be sent home to his parish, or dismissed without a pension. 
 
 20. Except in extreme cases of disability, no infantry soldier 
 shall be discharged for rupture alone; should a ruptured soldier 
 be discharged before he has served fourteen years, his case shall 
 be considered according to the llth and 1^'th articles of these 
 regulations. 
 
 See page 97. The number of cases of rupture which require 
 to be discharged from the army during peace appears to be very 
 small. 
 
 21. Any cavalry soldier who shall be discharged under fourteen 
 years' service for a rupture which would not disable him for 
 infantry service, may, at the discretion of the commissioners, 
 either be transferred to a veteran or garrison battalion or company, 
 or be allowed a temporary pension or gratuity, according to arti- 
 cle 11. 
 
 IH. Forfeiture of pension. 
 
 22. Any pensioner refusing to serve, or not appearing when 
 called upon by the commissioners, or other lawful authority, shall 
 forfeit his pension, unless a satisfactory explanation be subsequently 
 given; but no pensioner who has actually served twenty-four 
 years in the cavalry, or twenty-one years in the infantry, shall ue
 
 PENSIONING WARRANT 1829. 163 
 
 liable to be called upon to serve. And any pensioner who neglects 
 to draw his pension for four successive quarters shall be struck 
 off the pension list, and shall not be replaced, unless he shall 
 satisfactorily account for such omission ; and the commissioners 
 shall, at their discretion, grant or withhold the arrears, or any 
 portion thereof. 
 
 23. Every soldier convicted by a court-martial of being: a deserter, 
 may, in addition to any other punishment awarded by the court, be 
 sentenced to forfeit all claim to pension. Such sentence shall, in 
 all cases, be recorded on the discharge sent to the commissioners of 
 Chelsea hospital, but if, after such sentence has been passed, he 
 shall have performed good and faithful, or gallant service, he may 
 be eligible for a pension, provided that he be recommended by 
 his commanding officer, through the cornmander-in-chief. in con- 
 formity with the rules laid down in the mutiny act and articles of 
 war. 
 
 Mutiny act. clause 9. This clause will, no doubt, have a suit- 
 able effect in impressing upon a soldier the serious nature of the 
 crime of desertion, and at the same time hold out the strongest 
 inducement to reformation, by convincing him that subsequent 
 merit as a soldier may, at any time, on the recommendation of his 
 commanding officer, relieve him from the penalty attached to his 
 former crime. 
 
 24. If a soldier shall have been convicted by the civil power of 
 a misdemeanour, or by a court-martial, of any vicious or disgrace- 
 ful conduct, such as to render him unworthy of belonging to the 
 army, and consequently to be unfit for the military service, he shall, 
 on beinof discharged in consequence thereof, have the sentence, or 
 cause of his dismissal from the service, recorded in his discharge, 
 and shall forfeit all claim to pension. 
 
 In order that the practical application of the words "disgraceful 
 conduct," and offences of a "disgraceful character," mny be liable 
 to t ie least possible misconception, and that soldiers guilty of 
 unmihtary conduct, of neglect of duty, and of other offences dis- 
 tinctly specified in the articles of war, may not be tried under, and 
 be subject to the penalties of this charge, I have to state that 
 " disgraceful conduct" implies confirmed vice, and all unnatural 
 propensities, indecent assaults, repeated thefts and dishonesty, 
 ferocity in having maimed other soldiers or persons, self-mutilation, 
 tampering with the eyes, and all cases of confirmed malingering 
 where the conduct is proved to be so irreclaimably vicious, as to 
 rend T the offender unworthy to remain in the army. War Office 
 Circular, No. 643. 
 
 2o. Any soldier convicted before a competent court-martial of 
 feior/ihtfr or producing 1 disease or infirmity, or of materially 
 injuriujjf his health by habitual drunkenness, or of being detained 
 in hospital by any disease contracted by his own vice or intemper-
 
 161 
 
 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 ance, thereby rendering himself unfit for service, or of absenting 
 himself from an hospital whilst under nodical treatment, or of 
 being guilty of a gross violation of the rules of the hospital, or of 
 intentionally protracting his cure, or of wilfully aggravating his 
 disease, shall be liable to be brought to trial by the regimental 
 commanding officer, or on charges preferred by the surgeon of the 
 hospital, and to have the whole time of such detention in hospital 
 deducted from his service, or of forfeiting all claim to pension, pro- 
 vided such forfeiture form part of the sentence of the court-martial 
 by which he was convicted. 
 
 The purport of this article is thus stated in the articles of war: 
 
 " Any soldier who shall be convicted of malingering, feigning, or 
 producing disease or infirmity absence from hospital protracting 
 cure, &c. shall be tried for disgraceful conduct, and be liabl to the 
 punishments attached to that offence." (Articles of War, 1830, 
 art. 40.) 
 
 To suppress malingering among soldiers is an important part of 
 the duty of a medical officer, but in the performance of this duty 
 he must be guided by just principles. He should never adopt harsh, 
 arbitrary, or unauthorised proceedings. He is not of his own 
 authority warranted in employing restraint or coercion. When, 
 after due caution in deliberation, and patience in investigation, a 
 medical officer is convinced that a soldier is feigning a disability, 
 and when he has patiently and peiseveringly, but without success, 
 endeavoured to persuade him to perform his duty, he should report 
 the case to the commanding officer, with his reasons for believing 
 the man to be an impostor. The case is then, in some respects, 
 out of the hands of the medical officer; all further measures must 
 be directed by the commanding officer, with whom the responsibility 
 rests. 
 
 When an alleged malingerer perseveres in a course of imposition, 
 he is, as directed by the article in question, occasionally tried by a 
 court-martial. Dr. (Jheyne suggests, that, as a preliminary measure, 
 a nuliugerer should be examined by a board of at least three medi- 
 cal officers of mature experience, and that, according to their report, 
 the final measures should be directed. In such cases would it not 
 be advisable to have one or more experienced medical officers on a 
 court-martial? All commissioned officers of the army on full pay 
 are eligible to sit on courts-martial, surgeons, and assistant-sur- 
 geons being competent as members of such courts, a It hough the 
 custom and convenience of the service forbids recourse being had 
 to th -m except in extreme cases. (Simmons on Courts-Martial, 
 page 36.) 
 
 The crime of " malingering, feigning, or producing disease or 
 infirmity," was, I believe, not included in the articles of war until 
 18 >0. In the military codes of other nations it has been long 
 comprehended. The Romans were at great pains not to "give 
 occasion to cowards or sluggards to counterfeit sickness, therefore
 
 PENSIONING WARRANT 1829. 165 
 
 such as were found to have done so, were, of old, ordained to be 
 punished as traitors. Nay, whosoever mutilated their own or iheir 
 children's bodies, so as thereby designedly to render them unfit for 
 carrying arms, were adjudged to perpetual exile." (Bruce, Institu- 
 tions of Military Law.} By the Dutch articles of war, as early as 
 1717, counterfeiting sickness was punished by discharging a soldier 
 with disgrace, and depriving him of the privileges he would have 
 been entitled to had he conducted himself correctly. 
 
 26. Any soldier maimed by the firing off t>f his musket, or by 
 other means, and who thereby becomes unfit for service, whether 
 the injury occurred on or off duty whether accident at '/y or intcn- 
 fionfJlt/, shall, in all cases, be tried by a district court-martial, as 
 soon after the event as porsible; and if it shall be proved before 
 such court that the injury was the unavoidable result of military 
 service, and was in no way attributable to design, negligence, 
 drunkenness, or misconduct on his part, the court may recommend 
 the soldier for a pension, stating the proofs adduced, and the 
 grounds of their recommendation, or of their rejection of the claim, 
 as the case may be. The finding of the courl, and the confirma- 
 tion of the commanding officer, must invariably be annexed to the 
 discharge, and adverted to therein ; but the final decision upon the 
 claim to pension shall in all cases which are brought before the 
 Chelsea board rest with the commissioners. Rules and Articles 
 1830, articles 4 \, 42, 77. 
 
 27. Any soldier who shall be disabled or mutilated by an acci- 
 dent, which did not happen in the immediate execution of some act 
 of military duty, or which, if it did so happen on duty, was owing 
 to his own negligence, shall not be entitled to a pension, although 
 he he discharged for such disability. 
 
 His claim in such case can only be considered with reference to 
 the service ho may have performed, or to the wounds he may have 
 received in action, or to the goodness of his character. The find- 
 ing of the district court-martial, staling the whole of the circum- 
 stances of the case, must he annexed to the discharge. The com- 
 missioners will exercise their discretion in granting or withholding 
 a pension, but in no case shall a permanent pension he granted for 
 such accidental injury, unless the soldier has served above fourteen 
 years. If the soldier shall be ordered to be discharged at the regi- 
 ment, his majesty's pleasure, and the amount of any gratuity, will 
 be signified by the secretary at war. 
 
 If it shall appear to the court that the injury or mutilation was 
 not the effect of accident, but of design, the soldier shall not bo 
 discharged, but shall be employed in such regimental or garrison 
 duty or work, as tfie commander-in-chief may direct. Rules and 
 Articles 1830, articles 41, 42, 77. 
 
 28. If a pensioner he guilty of gross violence or outrage towards 
 the persons employed in paying the pensioners, he shall be punished 
 by the loss either of a part or of the whole of his pension, at the
 
 166 
 
 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 discretion of the commissioners, in addition to any other punishment 
 which the law may inflict for such offence. 
 
 29 If a pensioner be discovered to have received credit for a 
 longer period than he actually served, by a false entry, alteration, 
 or erasure, in any regimental book or document, or by a 'misrepre- 
 sentation of his claims, or to have obtained through any other 
 means a higher rate of pension than he was entitled to at the time 
 of his discharge, when he was sworn to the truth of his statement 
 of services, such pensioner, in the event of the commissioners deci- 
 ding that he was cognizant of the fraud, or guilty of the concealment 
 of the truth, shall forfeit his pension ; and if a pensioner shall 
 com nit nny felonious act, or practice any gross fran d, which shall 
 be proved to the satisfaction of the commissioners, they shall either 
 strike him off the pension list, or reduce the rate of his pension at 
 their discretion. In all cases of over issue, the pensioner shall have 
 his pension lowered to the true rate, and shall by a stoppage from 
 his pension refund either the whole amount overissued, or such 
 part thereof, as the commissioners may think proper to direct; but 
 if the overissue originated in any error of computation over which 
 the soldier could have no control, the pensioner shall not be called 
 upon to refund any part thereof. 
 
 If a non-commissioned officer or soldier be privy to the making 
 of any false entry, or producing any fraudulent document, either as 
 regards his own services or those of any other person, he shall, on 
 conviction thereof, before a competent court-martial, be rendered 
 incapable of receiving a pension, according to the provisions of the 
 mutiny act and articles of war. 
 
 30. If any pensioner shall apply to any parish for relief for 
 himself or family, or shall suffer his family to become chargeable 
 to the parish, his pension, by the acts of parliament of 59 Geo. III. 
 cap. 12, and 6 Geo. IV. cap. 27, will be payable to the parish 
 officers, according to the provisions of the said acts. 
 
 31. Any pensioner or other person, who shall knowin gly person- 
 ate or falsely assume the name or character of a soldier, who is, 
 or may become entitled to a pension, or shall falsely pretend to be 
 the heir, administrator, or assignee, of a pensioner or soldier, for 
 the purpose of fraudulently obtaining money or effects, or shall 
 knowingly and wilfully assist in forging or counterfeiting the name 
 or handwriting of any such pensioner or soldier as aforesaid, or in 
 forging any document relating thereto, is liable, on being legally 
 convicted thereof, to be transported as a felon, according to the act 
 7th Geo. IV. cap. 16, clause, 38, (1826.) 
 
 32. Any pensioner imprisoned in a jail by order of a magistrate, 
 as a vagrant, or as having committed any misdemeanour, or crime, 
 if he assumes a false name, whether he he convicted or not of the 
 offence for which he was apprehended, shall, on proof of such con- 
 cealment of the true name under which he was pensioned, have 
 his pension suspended, reduced, or altogether taken away, at the 
 discretion of the commissioners.
 
 PENSIONING WARRANT 1829. 167 
 
 And if any pensioner gives a false statement as to his place of 
 residence, or, for a fraudulent purpose, draws his pension si a place 
 different from that where he usually resides, he shall he lial.le to 
 have his pension taken away, reduced, or suspended, at ihe discre- 
 tion of the commissioners. 
 
 33. Non-commissioned officers and soldiers, who have forfeited 
 their claims to pension in consequence of misconduct, shall have 
 their names, tind the circumstances under which their pensions 
 were forfeited, published in the orderly book of the regiment to 
 which (hey belonged, and a memorandum of the fact shall be sent 
 to their parishes by the commanding officer. 
 
 [After the word parishes, erase the words, "by the commanding 
 officer," and insert " by the secretary at war, as provided in the 
 mutiny act and articles of war.] Art. 33. By order of the king, 
 signified to the secretary at ivar, July 30, 1830. H. H. 
 
 By the 83d article, (Rules and Articles, 1830,) soldiers who have 
 performed good, faithful, or gallant service in his majesty's army, 
 are, in addition to every benefit which the regulations of the service 
 may entitle them to on discharge, to have their meritorious conduct 
 notified to their respective parishes; and soldiers discharged lor 
 disgraceful conduct are equally liable to have their misconduct 
 notified to their parishes by the secretary at war. His majesty's 
 intention by this proceeding, (as well as by the power of restoring 
 service forfeited for desertion,) is to give to every commanding officer 
 the most powerful means of stimulating the soldiers under his com- 
 mand to good conduct, by the certainty that character and conduct 
 will at all times be duly considered, and particularly at the termi- 
 nation of a soldier's service. 
 
 IV. Commutation of pensions. 
 
 34. Pensioners not being natives of the united kingdom, may 
 have their pensions commuted for a sum of money, on his majesty's 
 pleasure being signified to the commissioners of Chelsea hospital by 
 the secretary at war; the money to be paid out of funds appropri- 
 ated for the use of the said hospital. 
 
 35. If a pensioner, being a native of the united kingdom, should 
 be desirous of settling abroad in any of his majesty's colonies, his 
 pension may be commuted in the manner laid down in the prece- 
 ding article. But if any pensioner shall have received a commuted 
 allowance for his pension from the commissioners, and shall at any 
 subsequent time fraudulently attempt to revive a claim to the pen- 
 si., n so commuted, he will be liable to be proceeded against under 
 the act of parliament referred to in article 31. 
 
 V. Rules in. reckoning service. 
 
 36. No soldier shall be allowed to reckon his service u der eight- 
 een years of age.
 
 168 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 If a soldier at the time of enlistment shall misrepresent or conceal 
 his Tf.nl age, and his real age be afterwards discovered, he shall in 
 no case benefit by such discovery; if, for instance, he swore that 
 he was under eighteen years, although he was actually older, the 
 age specified on his attestation shall he the standard for calculating 
 his service, and consequently his service under eighteen years of 
 age, according to such attestation, will not he allowed to reckon. 
 
 37. Thedisf'nction between service in the East and West Indies, 
 and service in any other part of his majesty's dominions, having 
 ceased since the year 1818, as regards the reckoning of service for 
 pension, the same rule will apply as regards the claim to addi- 
 tional pay, which, in the case of men enlisted after the 3()th 
 November, L829, will only commence after fourteen years' service 
 actually completed. 
 
 38. Any soldier may he transferred from one battalion to another 
 of the same regiment, or he may be permitted to volunteer into 
 another regiment on the disbandrnent of his corps, or on its being 
 ordered home from a foreign station ; but he shall not be liable to 
 be drafted from one regiment to another without his consent, unless 
 by sentence of a court-martial. Pensioners who have not served 
 twenty-one years, will be held liable to be called upon to serve in a 
 veteran or garrison battalion, or in the militin, or in a regiment of 
 the line within the limits of the united kingdom. 
 
 39. Non-commissioned officers and soldiers shall not he allowed 
 to reckon as service the period of imprisonment, whilst under the 
 legal sentence of a civil or military court, nor the period of con- 
 finement previous to trial, unless acquitted of the offence alleged 
 against them, according to the provisions of the mutiny act and 
 articles of war. 
 
 40. If any person discharged from the army for disability, or for 
 any other cause, shall subsequently re-enter .the army, nnd shall, 
 when questioned by the magistrate at the time of his being attested, 
 conceal the fact, or misrepresent the cause of his former discharge, 
 he shall not be allowed to reckon his past service, nor to receive 
 any pension, if again discharged for disability. 
 
 This article is intended to obviate a very serious evil, namely, the 
 
 concealment of infirmities at enlistment. When a medical officer 
 is informed that a recruit, he may be called upon to examine, has 
 been discharged on account of a disease or disability, he is put upon 
 his guard, and is very cautious in approving him. Should a recruit 
 not conceal or misrepresent the cause of his discharge, he will, on 
 final approval, be allowed to reckon his former service ns a clim 
 for pension, even although he shall have received a temporary 
 pension, agreeably to article 11. 
 
 41. If any soldier discharged on reduction or disbandment of 
 his corps, shall not have the opportunity of immediate re-enlistment 
 into any other corps, he shall, on re-enlisting within three years, 
 be allowed to reckon his former service, provided that he shall not
 
 PENSIONING WARRANT 1829, 169 
 
 have passed the age at which disbanded soldiers may he allowed to 
 re-enter the service and that he shall in every respect be eligible 
 for the service. The man so re-enlisting must, at the time of being 
 attested, declare his former period of service in the army, ordnance, 
 or marines, and the cause of his discharge from his last corps; but 
 if he should fail to make such declaration of his previous service, 
 so that it may be recorded in his attestation, he shall riot be permit- 
 ted to reckon it at any subsequent period. 
 
 42. Pensioners who shall, under a proclamation of his majesty 
 or other lawful authority, be called upon to serve in a veteran com- 
 pany or battalion, or in the militia, or to be attached to a regiment 
 of the line within the united kingdom, shall, in addition to their 
 previous services, reckon such service, provided the period thereof 
 shall not be less than one year. 
 
 43. Any pensioner who voluntarily enlists into a veteran com- 
 pany or battalion, or the militia, or who is appointed to be a district, 
 barrack, garrison-serjeant, or a military cler k, or hospital-steward, 
 or who is employed in any other military capacity, shall, when 
 discharged, revert to his former pension, unless it be pronounced by 
 competent authority to have been forfeited. If he shall have served 
 ten years or more in any of the situations above mentioned, and 
 shall have been discharged therefrom with a good character, or 
 even if he shall have served less than ten years, and shall have 
 been discharged under circumstances entitling him to special con- 
 sideration, as a deserving soldier, his majesty's pleasure will be 
 signified by the secretary at war, that such increase of pension may 
 be granted, as the commissioners shall think fit; not, however, 
 exceeding in any case the rates specified in articles 4 and 6. 
 
 44. The services of all soldiers at present in the army shall be 
 accurately revised and balanced up to the 31st December, 1828. by 
 the military boards established, and now sitting for the investigation 
 of those services. The period of service which each man may be 
 allowed to reckon to that date, shall be recorded and certified in 
 words at length, by the particular board before which the exami- 
 nation takes place, and such record shall be admitted by any other 
 military board which may be hereafter assembled for deciding upon 
 the soldier's claims, as the only correct statement of his service, to 
 the termination of the year 1828, from and after which time the 
 balance of every soldier's services shall be struck periodically, and 
 under such instructions as his majesty may be pleased t> give 
 through the secretary at war. 
 
 45. No soldier shall hereafter reckon as military service the time 
 he may have previously served in his majesty's navy. 
 
 VI. Conditions under which discharges may be obtained. 
 
 46. His majesty having been pleased to direct that soldiers may 
 be allowed to purchase or obtain their discharges, under certain 
 conditions and limitations, the terms are to be regulated by the 
 following scale, viz.
 
 170 
 
 MARSHALL ON THE ENLISTMENT, ETC. OF SOLDIERS. 
 
 Period. 
 
 For men serving in the 
 
 Cavalry. 
 
 Infantry. 
 
 Under 7 years' 
 actual -ervice $ 
 
 L. 30 
 
 L. 20 
 
 After 7 years' ditto . 
 
 25 
 
 18 
 
 10 
 
 21 
 
 15 
 
 \2 
 
 15 
 
 10 
 
 14 
 
 12 
 
 5 
 
 15 
 
 fi 
 
 Free discharge at home, 
 
 
 
 and in addition thrje 
 
 
 
 months' pay abroad. 
 
 16 
 
 Free discharge. 
 
 Free discharge, and in 
 
 
 
 addition three months' 
 
 
 
 pay at home, and six 
 
 
 
 months' pay ahroad. 
 
 17 
 
 Free discharge, and three 
 
 Free discharge, and in 
 
 
 months' pay. 
 
 addition six months' 
 
 
 
 pay at home, and one 
 
 
 
 year's pay abroad. 
 
 18 
 
 Free discharge, and six 
 
 Free discharge, and in ad- 
 
 and to 2 1 
 
 months' pay. 
 
 dition one year's pay at 
 
 
 
 home, and one and a 
 
 
 
 half year's pay abroad. 
 
 [The gratuities shall be calculated at the respective rates of full 
 pay of cavalry, of foot guards, or of infantry, excluding additional 
 pay.] Art. 46. By order of the king, signified to the secretary 
 at war, July 30, 1830. #. H. 
 
 Where grants of land in addition to free discharges can he made 
 in the colonies, the precise terms of the grant, arid the most advan- 
 tageous mode of paying the gratuity of full pay, shall be clearly 
 explained to the soldier before lie receives his discharge, and shall 
 be registered in the regimental records. When the soldier has 
 been settled three months, and is actually residing on his grant, 
 and is industriously employed in clearing it, the governor, under 
 authority from the secretary at war, may, in addition to the gra- 
 tuity, authorise the issue of a quarter's pension at Gd. a day ; and 
 may from time to time renew such issue for a period not exceeding 
 in the whole one year. 
 
 This is a highly important article, not only as regards soldiers 
 individually, but also in respect to the discipline of the army. The 
 beneficial effect of rendering an exit from the service less difficult 
 than formerly, must be very considerable; but perhaps it may 
 eventually be deemed an expedient measure to shorten the time 
 when a soldier may obtain a free discharge, and to give him a 
 claim of right to leave the service after the expiration of the pre- 
 scribed period. Any regulation which makes the yoke of perpetual 
 servitude sit easier will tend to render obedience more cheerful, 
 and by that means improve the discipline and efficiency of the 
 army. In 1749, a bill was brought into parliament for limiting
 
 PKNSIONING WARRANT 1829. 171 
 
 the time and conditions upon which soldiers might he discharged 
 the service, but it passed in the negative. It appears to have been 
 intended hy this bill that a soldier who had served ten years might 
 purchase his discharge hy paying three pounds. The debate 
 which to'ik place when the hill was before the house is very inte- 
 resting. One member observed, that, "as long as soldiers are 
 listed for life, the service will always be despicable in the * jes of 
 the people, and none but the most abandoned or the most thought- 
 less will enter into it." Another said, "it is despair that renders 
 our common soldiers generally so idle and dissolute; offer t In in 
 but a view to freedom give them a prospect, though adi:>tant one, 
 of th^ir becoming a part of the people and you will see a remark- 
 able, a happy change in the behaviour of the army." 
 
 During the last war, before a dragoon could obtain a discharge 
 from the army, his friends required to furnish three approved sub- 
 stitutes. 
 
 47. Soldiers who have actually served twenty-one years in the 
 infantry, or twenty-four in the cavalry, and -who being fit lor ser- 
 vice, are discharged at their own request, may be allowed a pen- 
 sion of lOd. a day, as shown in Article 4. 
 
 4^. But in all cases of soldiers allowed to purchase discharges 
 or to obtain free discharges, or pensions on discharge at their own 
 request, (if they have served the requisite period,) the number of 
 men to be annually discharged, and the selection of the individuals, 
 shall he governed by such instructions as the commander-in-chief 
 may give from time to time, or the master-general of the ordnance 
 for that department, for extending or limiting the numbers, or 
 wholly suspending the permission, according to circumstances. 
 
 Provided that in all the aforesaid cases a period of not less than 
 thirty days shall elapse between the soldier's application, and the 
 commanding officer's consent to recommend the discharge; this 
 interval being allowed for the express purpose of giving the soldier 
 sufficient time for due deliberation. At the same time it shall he 
 clearly explained to him what prospect of permanent pension he 
 will forfeit, in consequence of accepting a free discharge at his own 
 request. 
 
 But nothing in this regulation is to be construed, as giving any 
 right to a soldier to claim his discharge by purchase or otherwise, 
 it being intended as an indulgence to be conferred upon the de- 
 serving soldier, in proportion to his good conduct, and the length 
 of his service. 
 
 It seems highly desirable that the principle on which soldiers are 
 allowed free discharges should be still further extended, so as to ad- 
 mit of their being discharged if they wish it after a service of eight, 
 nine, or ten years. Experience has convinced the powers on the 
 continent, that the system of binding a man during the whole course 
 of his life to military subjection is contrary to every principle of 
 economy and efficiency. An indefinite period of service, that is to
 
 172 MARSHALL ON THE ENLISTING, ETC. OP SOLDIERS. 
 
 say, service as long as health and strength remains, presents some- 
 thing appalling to a reflecting mind. Recruits commonly enlist 
 without thought or consideration, or from sheer necessity, hut re- 
 gret and dejection frequently follow, and, as there is no definite 
 period at which their engagement is to terminate, the influence of 
 hope, which is necessary for the efficient execution of any duty, 
 becomes annihilated, and a state of mind succeeds, by no means 
 favourable either to sound health or military subordination. The 
 natives of France appear to have great reluctance to unlimited ser- 
 vice in the army. M. Dnpin (Force Militaire de la Grand Bre- 
 tag-ne") says, with reference to the recruits who enlisted in this 
 country in the year 1814, " Que penser ensuite des classes inferi- 
 eui'f.s <fun peuple dont Ifis tienf dixiemes des enroles engagent 
 pour jarnais leur liberte" Enlistment for life, I believe, never 
 was adopted in France; the period of engagement has varied con- 
 siderably, and been successively three, four, six, eight, and by the 
 ordomiunoe of March 1832, it is seven years. A soldier may re- 
 enlist or extend his services for a period of from two to five years, 
 when they become entitled to a higher rate of pay. But soldiers 
 who wish to remain in the army commonly re-engage as substi- 
 tutes for seven years, and by this means obtain a premium of from 
 L.60 to L.80, being on an average about L.10 a year in addition 
 to their pay. In 1810, an act was passed, tinder which recruits for 
 the European force of the Honourable the East India Company, 
 amounting to about 14,000 men, might enlist either for life, or a 
 limited service of twelve years, and with respect to the native force, 
 amounting to about 190,000 men, they may obtain their discharge 
 during a period of peace at their own request, after having served 
 three years, but during war they have no claim to be discharged, 
 after having served any period. In the United Stales of America 
 the period of enlistment for the regular army is five years. 
 
 A recruit who enlists for a definite period, or whose engagement 
 permits him to claim his discharge, after a term of years, reserves 
 the right of resuming, at a given time, the place he occupied among 
 his fellow citizens, and thereby retains some prospect of his liberty. 
 The condition and duties of a soldier require the stimulus of hope 
 a hope of having it in his power to retire from the service with 
 credit arid respectability, at a time of life when he is able to resume 
 the employment of his early years. Hitherto parents have shown 
 much reluctance to permit their sons to enlist ; but 1 have no doubt 
 that the unwillingness would be partly obviated, were the facilities 
 for quitting the service increased. By this means it is hoped the 
 army would become somewhat more popular, that a miliiary feeling 
 would be excited, discipline improved, obedience rendered more 
 cheerful, and that hankering to quit the service, which is a most 
 disabling infirmity, probably decreased. We cannot, however, ex- 
 pect that a superior class of men will enter the army, namely, men 
 with some degree of intellectual culture, and a fair character for 
 correct conduct, until the condition of a soldier be greatly im-
 
 PENSIONING WARRANT 1829. 173 
 
 proved ; for this purpose his situation would require to be rendered, 
 in time of service, in present emolument, in future provision, and 
 in respectability, so desirable as to place him on a level in popular 
 opinion with men of other employments. 
 
 49. If any soldier purchase his discharge, or receive a free dis- 
 charge at his own request, he shall have no claim to pension ; and 
 should he subsequently re-enlist, he shall not be permitted to reckon 
 his former service. 
 
 50. With the view of rewarding 'meritorious soldiers when dis- 
 charged, and of encouraging good conduct in others whilst serv- 
 ing, his majesty has been pleased to direct that a gratuity in addi- 
 tion to the pension may in certain cases be given to one Serjeant or 
 corporal, and one private, annually, in every regiment of an esta- 
 blishment of 700 rank and file and upwards. 
 
 The men to be recommended must have completed twenty-one 
 years of actual service in the infantry, or twenty-four in the caval- 
 ry; have never been convicted by court-martial, and must have 
 borne an irreproachable character, or have particularly distin- 
 guished themselves in the service. 
 
 The Serjeants must have served ten years, and the corporals 
 seven years, in their respective ranks as non-commissioned officers, 
 and must have been discharged as such. 
 
 The gratuity to the sergeant shall be L.15 ; corporal, L.7 ; pri- 
 vate, L.5. 
 
 The names and services of the individuals receiving the gratuity 
 shall be published in regimental orders, and sent to the parishes to 
 which they belong, after the commander-in-chief shall have con- 
 firmed the regimental commanding officer's recommendation, and 
 after the commissioners of Chelsea hospital vshall have notified to 
 the secretary at war that the gratuities have been paid. 
 
 In corps of a lower establishment that 700 rank and file, one in- 
 dividual may be recommended every year for the above mentioned 
 gratuity, to be selected by alternate years ; that is to say, one year 
 a Serjeant or corporal, the next year a private. 
 
 [Discharged soldiers receiving a gratuity for meritorious con- 
 duct^ shall be entitled to wear a silver medal, having on one side of 
 it the words, " for long service and good conduct," and on the other 
 side, in relief, the king's arms, with the name arid rank of the sol- 
 dier, and the year inscribed on the medal. The medal will be 
 transmitted by the adjutant-general to the officer commanding the 
 regiment, who will deliver it to the soldier on the parade, with the 
 parchment certificate of discharge, on which the grant will be re- 
 corded, as well as in the regimental orders, and in the register of 
 soldier's services. 
 
 If circumstances should prevent the discharged soldier from re- 
 ceiving the medal at the regiment, it will be delivered to him 
 through the adjutant general, at the board of the Chelsea cornmis- 
 8 f 12 mar
 
 174 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 sinners.] Art. 50. By order of the king, signified to the secre- 
 tary at war, July 30, 1830. H. 
 
 51. In order to secure the interests .of the soldier, at the close of 
 his military service, a regimental board shall henceforward be as- 
 sembled under the orders of the commander-in-chief, for the purpose 
 nf verifying the following particulars, before any soldier be recom- 
 mended to be discharged. 
 
 " In order to secure to the deserving soldier, when discharged, a 
 provision proportioned to the length and nature of his service, and 
 to enable our commissioners of Chelsea hospital to carry into full 
 effect our rules and regulations for the pensioning of soldiers, 
 We do hereby order, that no soldier shall he discharged, whether 
 for un fitness, or for any other cause, unless his services, conduct, 
 character, and the cause of the discharge, be ascertained before a 
 regimental board, to be held for the purpose of verifying and record- 
 ing all these necessary particulars in the discharge, on which do- 
 cument the decision of our commissioners of Chelsea hospital on 
 the soldier's claim will be made. The board shall be composed, 
 in all cases, of three officers: the major, or second in command, 
 shall be the president, and two captains shall be members; and 
 all military persons who may be summoned by the president there- 
 of are directed to attend, and give information to the board on the 
 subject of their inquiry : such board is not competent to award 
 any punishment or forfeiture of service, their duty being restricted 
 to the faithful and impartial record of the soldier's services and 
 conduct at the close of his military career; and they will be go- 
 verned in this their duty by a reference to our rules, orders, and 
 regulations for the pensioning of soldiers, which regulations shall 
 be produced before thg board whenever it is assembled : When 
 the board is assembled by order of the commanding officer, or other 
 superior authority, the members thereof shall severally make the 
 following declaration in the presence of the soldier whose case is 
 under inquiry : 
 
 I, A. B. do declare, upon my honour, that I will duly and im- 
 partially inquire into the matters to be brought before this board, 
 according to the rules and regulations of his majesty's service, 
 and if any doubt shall arise, according to my conscience, the best 
 of my understanding, and the custom of the service in like cases" 
 Rules and Articles, 1830, page 34. 
 
 1st. His services. The regimental records shall be produced, 
 from which the board will make a report, stating the period of the 
 soldier's service, the countries in which he has served, the wounds 
 he has received, the battles, sieges, or campaigns, in which he was 
 present, and any instances of remarkable bravery he may have 
 displayed. 
 
 2d. His character. The regimental records shall be referred to, 
 and parole evidence be required from those officers of the corps, 
 particularly the medical officers, and others who have had the best
 
 PENSIONING WARRANT 1829. 175 
 
 opportunities of witnessing the soldier's conduct in all situations. 
 If he shall have forfeited his service by the sentence of a court- 
 martial, and shall not have had such service restored, the fact and 
 cause of such forfeiture are to be stated ; and as the rate of pension 
 to be awarded will be influenced by character, the board will, after 
 the most careful investigation, report whether the soldier's conduct 
 has been generally good, bad, or indifferent, in the terms best cal- 
 culated to express their opinion, more especially directing their at- 
 tention to the latter years of his service. 
 
 3d. His disability. The board is to specify the nature, degree, 
 and cause of the disability, in their report, and to affix to it the re- 
 port from the medical officer, stating the origin and progress of 
 such disability, the manner in which it was contracted, the conduct 
 of the man whilst in hospital, and the degree of his unfitness for 
 military service, in order that no soldier may be discharged as dis- 
 abled, unless the disability shall be ascertained to be such, as in all 
 probability to disqualify him permanently for military service. 
 
 4th. ffis accounts and claims. The board will ascertain and 
 report upon all just demands of pay, clothing, &c. and before the 
 soldier leaves the regiment, the settlement of his accounts is to be 
 certified in his discharge, and signed by him. 
 
 But no soldier shall be examined before a regimental board, with 
 a view to his discharge for disability, unless he shall have been 
 previously inspected by the general, or other superior officer in 
 command, by whose orders the regimental board will be convened. 
 
 The board shall be composed of three officers : A field officer, or 
 the second in command, shall be the president, and two captains 
 shall be members. When the report of the board shall have been 
 confirmed by the officer commanding the regiment, the president 
 shall fill up the discharge, according to the substance of the regi- 
 mental board's proceedings. The discharge shall then be signed 
 by the president, and countersigned by the commanding officer, 
 and be transmitted, together with a certified copy of the court's pro- 
 ceedings, to the adjutant-general, through the general or other offi- 
 cer commanding on the station. 
 
 52. In any case of disability, requiring the soldier personally to 
 appear before the commissioners of Chelsea hospital to obtain a de- 
 cision upon his claim for pension, the soldier in the first instance 
 will be ordered to the invalid depot at Chatham, or to the general 
 hospital in Dublin, in order that the remarks of the military and 
 medical authorities at those stations may be inserted in the dis- 
 charge ; and on the day appointed for the commissioners to hold a 
 board at Chelsea, or Kilmainham, the principal medical officer, or 
 the staff-surgeon who has had the soldier, whose case is before the 
 board, under treatment at the general hospital, will attend, with an 
 abstract of his professional observations on each man's case, when 
 the board will decide upon the claim to pension. 
 
 If the regimental investigation shall have been held abroad, the 
 general, or superior officer on the station, will, according to his
 
 176 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 judgment, order the soldier to a convalescent station abroad, or to 
 ihe invalid depot at Chatham. 
 
 Upon the report of the military and medical authorities at the 
 invalid depot at Chatham, or at the general hospital in Dublin, the 
 commander-in-chief will give the necessary orders for the personal 
 appearance of the soldier at Chelsea, or Kilmairiharn, or for his 
 joining the depot companies of his regiment, or for his final dis- 
 charge, according to the circumstances of the case; but no soldier 
 who may have been sent from the invalid depot Chatham, or from 
 the general hospital Dublin, to his regiment, on a medical report of 
 his fitness for duty, shall be returned to the said depot or hospital, 
 until after the expiration of one year, unless specially directed to 
 be so returned by the commander-in-chief. 
 
 [And whenever a decision shall have been given by order of the 
 commander-in-chief, to retain a soldier in the service, proposed to 
 be discharged, the case of such soldier shall not be again brought 
 forward for discharge, until after the expiration of one year, dating 
 from the last decision.] Art. 52. By order of the king, signified 
 to the secretary at war, July 30, 1830. H. H. 
 
 53. If the case of the soldier be clearly such as not to entitle him 
 to any pension, and that there is no necessity for his personal ap- 
 pearance before the commissioners of Chelsea hospital, the pro- 
 ceedings of the regimental board, and the discharge stating the 
 grounds of the rejection of his service, shall nevertheless be sent to 
 Chelsea : if the commissioners shall concur that the soldier has no 
 claim, they will communicate their decision to the secretary at 
 war, according to Article 13 of these regulations ; but if the com- 
 missioners shall entertain a different opinion, they will make fur- 
 ther inquiry. 
 
 No discharge, to which a claim for pension may attach, shall be 
 finally confirmed by the adjutant general's department, until the 
 case shall have been decided upon by the commissioners of Chelsea 
 hospital. 
 
 [Recruits under three years' service, who, upon trial, have been 
 proved to be never likely to be made good and efficient soldiers, 
 may be reported once a year after the summer half-yearly inspec- 
 tion, for the purpose of being discharged, under such instructions 
 as the commander-in-chief and the secretary at war may issue.] 
 Art. 53. By order of the king, signified to the secretary at war, 
 July 30, 1830. H.H. 
 
 I fear much that the permission granted in the last paragraph of 
 this article is liable to be greatly abused. A great majority of young 
 soldiers, more or less dislike the army during the period of drill ; 
 and, until they become domesticated in a corps, "a recruit," says 
 the Duke of Wellington, " must be constrained to serve the state 
 according to his engagement, and must be taught and must be 
 forced to learn how to serve in his station of soldier, how to keep 
 his equipment in order, and, above all, to attain habits of obedience
 
 PENSIONING WARRANT 1829. .177 
 
 and good order, and of respect and attention to his official supe- 
 riors." Now, before a soldier can he thus far trained, his irregular 
 habits and propensities must be checked, his inclinations thwarted, 
 and his habits altered. Under this discipline some recruits or 
 young soldiers desert, others suffer in health, and not a few simu- 
 late disabilities. In the French army, where the period of service 
 is short and well defined, which is not the case in the British army, 
 loss of health seems to be very prevalent among young conscripts. 
 " Cetle maladie (home sickness) etait surtout assez frequente dans 
 1'armee Francaise parmi les jeunes gens que la conscription arra- 
 chait du sein de leurs families et de leurs plus cheres affections. 
 * La discipline du corps, 1'obeissance a laquelle les soldats 
 sont astreints, le puriitions. le changement de nourriture et de 
 climat, contrastent singulierement avec la libertedont ils jouissaient 
 auparavant." (Vade Mecum par le Chevalier Sarlandiere.) 
 
 These circumstances will, in some measure, account for the 
 great number of young soldiers who are brought forward under 
 the sanction of this article for discharge, and who are lost to the 
 service. Regimental officers are commonly not unwilling to pro- 
 mote the dismissal of unpromising recruits, whether their alleged 
 inefficiency arises from physical'or moral causes; but the dis- 
 charge of one man may excite many to simulate unfitness for the 
 service. I am therefore disposed to question the policy of render- 
 ing the discharge of men under three years' service more easy than 
 that of soldiers who have served a longer period ; this being a time 
 when soldiers are much disposed to feign disabilities for the pur- 
 pose of leaving the service. 
 
 54. Lists of the soldiers allowed to purchase discharges, or ob- 
 tain jfree discharges, shall be periodically sent to the secretary at 
 war, with the discharges themselves and other requisite documents, 
 in order that an accurate register may be kept of this class of dis- 
 charged men at Chelsea. 
 
 55. Soldiers who obtain permission to be discharged at their 
 own request for length of service and good conduct, as laid down 
 in Article 46, and soldiers discharged in the colonies or garrisons 
 abroad, as being disabled, if they have in both cases completed 
 twenty-one years' service in the infantry, or twenty-four years in 
 the cavalry, and are desirous of settling in such colonies, may be 
 admitted on the out-pension list, without appearing personally be- 
 fore the commissioners of Chelsea hospital, provided that the re- 
 commendation from the officer commanding on the station, with 
 the reports and discharges, shall be transmitted through the com- 
 mander-in-chief to the secretory at war, who will signify his ma- 
 jesty's pleasure to the commissioners for the pensioning of any sol- 
 dier, without his appearing personally before them, at such rate of 
 pension as they may determine ; and until such decision shall be 
 received abroad, the soldier will continue to draw his full pay, 
 without allowances ; but in all these instances the soldier's case
 
 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 shall be investigated, and his claim to pension regulated according 
 to the 51st and 52d articles of these regulations. 
 
 56. Any soldier discharged while serving abroad, shall, if the 
 superior authorities on the spot think fit, and the good conduct of 
 the soldier justifies the indulgence, have the option of receiving 
 assistance by a grant of land, to become a settler in the colony in 
 which he may be serving, as regulated in Article 46, or of being 
 sent to Great Britain or Ireland, free of expense ; in the latter case 
 he shall receive the regulated marching money, from the place of 
 his being landed, to the parish or place in which he was originally 
 attested, or to such other place as he may choose, provided no addi- 
 tional expense be incurred. 
 
 VII. Deductions to which the pensioner is Habit'. 
 
 57. The only deduction to which pensioners shall be liable 
 from their pension, is one shilling in the pound, as heretofore di- 
 rected by the act of the 28th of George II. and no agent or clerk 
 paying the pensioners shall demand or take from them any fee or 
 reward, without subjecting himself to the penalty of forfeiting his 
 office, together with the sum of L.100, in conformity with the act 
 of the 7th Geo. IV. cap. 16. 
 
 [By an act relating to army pensions, of the 16th July, 1830, the 
 secretary at war, with regard to pay and pensions, and the com- 
 missioners of Chelsea hospital, with regard to prize money and 
 pensions, paid by order of the commissioners, are respectively em- 
 powered to issue any balance due to a deceased officer, soldier, or 
 pensioner, when the amount does not exceed L.50, to the next of 
 kin or legal representative of the deceased, without the production 
 of letters of administration.] Art. 57, Bis. 
 
 58. No person employed to pay the pensioners shall be allowed 
 to charge more than three pence for the affidavit required to be 
 transmitted quarterly to the secretary to the board of Chelsea hos- 
 pital. 
 
 59. Should a pensioner lose his instructions, and make an ap- 
 plication for a fresh copy, he may be supplied therewith, on untie- 
 ing affidavit of the circumstances under which the original was 
 Jost, and provided it shall be shown that the same had not been 
 pledged, or improperly disposed of; but if the pensioner be proved 
 to have taken a false oath, he shall be struck off the pension list. 
 When new instructions are given, he shall be liable to pay for 
 them a sum not exceeding two shillings and sixpence, nor less than 
 one shilling. 
 
 60. The commissioners shall, as heretofore, at their discretion, 
 dismiss any in-pensioner from the hospital if guilty of misconduct ; 
 and upon such dismissal they shall have the power of reducing the 
 amount of the pension to which such pensioner was entitled on his 
 admission, or of taking it away altogether. 
 
 61. Whenever a grant of land is made to a discharged soldier,
 
 PENSIONING WARRANT 1833. 179 
 
 either in commutation of the pension, or in aid of his becoming a 
 settler, he shall be exempt from the payment of any fees for such 
 grant ; the terms upon which grants to soldiers and pensioners are 
 to he made shall be governed by such instructions as his majesty 
 may be pleased to give, through the secretary of state for the colo- 
 nial department. 
 
 62. Should any doubts arise, as to the true intent and meaning 
 of any part of the foregoing regulations, his majesty's pleasure will 
 be signified through the secretary at war. 
 By his majesty's command, 
 
 HENRY HARDINGE. 
 . .:.--. 
 
 [The foregoing amendments and alterations of the 6th, 33d, 
 46th, 50th, 52d, 53d, and 57th articles were issued from the war 
 office, in a circular under date the 30th July, 1830, and directed 
 by the secretary at war to be affixed to the articles to which each 
 respectively belongs in the pensioner regulations. On the first re- 
 print of the warrant, these alterations are to be inserted in their 
 proper places in the regulations, but the date of the alteration in 
 the margin is to be retained.] 
 
 III. Warrant regulating the grant of pension, allowance and 
 relief to soldiers on their discharge from the Army. Dated 
 7th February, 1833. 
 WILLIAM R. 
 
 WHEREAS we have judged it expedient to revise 
 the warrant of our late royal brother, dated the 14th day of No- 
 vember, 1829, for granting pensions, allowances, and relief to sol- 
 diers on their discharge from our army as wounded, disabled, or 
 invalided, and disbanded or reduced ; our will and pleasure there- 
 fore is, that this our warrant shall be established and obeyed as our 
 sole authority under which pensions, allowances, and relief, may 
 be granted to discharged soldiers who shall be enlisted into our 
 service after the first day of March, 1833, but that all non-commis- 
 sioned officers and soldiers enlisted previously to that day shall, as 
 regards their claim to pension on discharge, remain entitled to 
 every benefit or provision which they can at present claim under 
 any warrants or regulations which were in force at the time of their 
 original enlistment. 
 
 A soldier enlisted for unlimited service cannot demand his dis- 
 charge as a matter of right, either with or without a pension ; but 
 discharge may be granted 
 
 1. On account of incapacity for further service. 
 
 2. In consequence of reduction of the military establishment. 
 
 3. As an indulgence upon certain conditions. 
 
 The commissioners of Chelsea hospital are charged with the 
 application of those rules which are to govern the ordinary grants 
 of pension, the amount of which shall in no case exceed the rates
 
 180 
 
 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 fixed by this warrant, and when once granted the amount cannot 
 be increased by the commissioners. But the commissioners shall 
 not, without the concurrence of the secretary at war, act upon any 
 discharge which shall not have been completed according to the 
 form prescribed by the secretary at war ; nor upon such discharge 
 unless it be brought before them within six months after the date 
 on which the soldier shall have quitted the service. 
 
 Such special deviations from those general rules as are herein- 
 after expressed, or as may appear advisable to his majesty, will be 
 made by the secretary at war, with whom alone it rests to interpret 
 the true intent and meaning of any passage in the warrant or regu- 
 lations on which a doubt may arise. 
 
 The pecuniary benefits attaching under this warrant to cases of 
 disability, are expressly and strictly to be limited to disability caus- 
 ed in and by the service, and pensions arc not to be bestowed upon 
 those who have not acquired strong claims to them; or who. by 
 want of proper care, or by vice, intemperance, or other misconduct, 
 have rendered themselves incapable of further service. 
 
 In exercising any discretion within the range of the allowances 
 prescribed by this warrant, the points to be kept steadily in view 
 are, the gallant conduct and good character of the soldier; the 
 length of his good and faithful services: the extent of that disa- 
 bility which can fairly be ascribed to the effect of service only; 
 and the degree to which it interferes with his power of earning a 
 livelihood. 
 
 I. Permanent pensions. 
 
 Wounds in action. Permanent pensions may be granted to 
 men discharged in consequence of being rendered incapable of fur- 
 ther service by wounds or injuries received in action, according to 
 the following scale : 
 
 RANK. 
 
 FIRST 
 
 DEGREE. 
 
 SECOND DEGREE. 
 
 THIRD DEGREE. 
 
 Men able to contribute 
 towards earning a live- 
 lihood, although ren- 
 dered by wounds unfit 
 for the ordinary duties 
 of a soldier. 
 
 Men rendered incapable 
 by wounds, of earning 
 a livelihood, but not re- 
 quiring the aid of ano- 
 ther person. 
 
 Men losing two limbs or 
 both eyes, from wounds, 
 or beirg so severely 
 wounded as to be totwlly 
 incapable of e.irning a 
 livelihood, and to re- 
 quire the assistance and 
 care of some other per- 
 son. 
 
 Private, 
 Corpora!, 
 Serjeant, 
 
 From 
 
 S. (1. 
 
 6 
 9 
 1 
 
 To 
 . d. 
 9 
 1 
 1 6 
 
 s. d. 
 1 
 1 4 
 1 10 
 
 From 
 $. d. 
 1 6 
 1 10 
 2 fi 
 
 To 
 *. d. 
 3 
 2 4 
 3 
 
 In cases of extreme suffering from wounds received in action by 
 non-coiurnissioned officers or soldiers of long service, or of gallant 
 conduct in the field, a sum not exceeding sixpence a day, may be
 
 PENSIONING WARRANT 1833. 181 
 
 granted at the recommendation of the commander-in-chief, by the 
 commissioners, with the consent of the secretary at war, as his 
 majesty's royal bounty, in addition to the pension which may have 
 been awarded by the commissioners of Chelsea hospital. 
 
 Blindness. Permanent pensions may be granted to men who 
 shall become totally blind from unavoidable causes other than 
 wounds, but clearly attributable to the military service alone, ac- 
 cording: to the following scale : Private, from 9d. to Is. ; Corporal, 
 having served seven years as such, Is. to Is. 3d. ; Serjeant, having 
 served as a non-commissoned officer ten years, and not less than 
 five years as a Serjeant, Is. 3d. to Is. lOd. 
 
 If the soldier shall have served more than fourteen years in the 
 infantry, or more than seventeen years in the cavalry, and be dis- 
 charged with a constitution impaired by the effects of colonial ser- 
 vice, besides being afflicted with total blindness, an increase to the 
 above rates, not exceeding for a private threepence a. day, and for n 
 non-commissioned officer, fourpcnce a day, may be added by the 
 commissioners with the consent of the secretary at war. 
 
 No soldier shall be discharged for the loss of an eye only, whe- 
 ther it be the right or the left ; but if a soldier shall have lost one 
 eye by a wound in action, or by the effects of service, and shall 
 receive other wounds or injuries in action, or be otherwise so disa- 
 bled as to render his discharge necessary, the loss of an eye may 
 be taken into consideration in fixing the pension at such a rate as 
 his combined wounds or disabilities may entitle him to receive. 
 
 Men unfit for the ordinary duties of a soldier, after twenty-one 
 years' service in the infantry ', or twenty-four years in the cavalry. 
 Permanent pensions, according to the following scale, may be 
 granted to men, who having completed twenty-one years' actual 
 service in the infantry, or twenty-four years in the cavalry, may be 
 discharged in consequence of being rendered unfit for the ordinary 
 duties of a soldier, by disabilities contracted in and by the service.
 
 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 
 
 From To 
 
 
 
 
 s. d. s. d. 
 
 
 
 
 6. . 1 
 
 Ctt f *T3 
 
 
 
 
 
 
 t_ "> 
 
 Corporal . . 
 
 Who shall have served con- 
 
 
 JS 5 ^1 
 
 
 tinuously as corporal five 
 
 
 " ^"5 x 
 
 
 years immediately preced- 
 
 
 3 CM cS 
 
 
 ing his discharge. . . 
 
 8. . 1 2 
 
 S g\j 
 
 
 
 
 .5 > =-= B 
 
 Serjeant, Co- 
 
 Who shall have served con- 
 
 
 d> *~* |-j 
 Sfc c 
 
 lour Serjeant, 
 
 tinuously as a non-com- 
 
 
 u. QJ .~ 
 
 D O -^ 
 
 Troop Ser- 
 
 missioned officer five 
 
 
 -fl 2 ^ 
 
 jeant Major. 
 
 years, of which the three 
 
 
 si's I s 
 
 
 years immediately preced- 
 
 
 O 4) 
 
 
 ing his discharge shall 
 
 
 "*" " g CM 
 
 
 have been as serjeant. . 
 
 10 . . 1 4 
 
 ^S'*' S 015 
 
 
 
 
 S " b"" 
 
 Ditto . . . 
 
 Who shall have served con- 
 
 
 . u > a " 
 
 
 tinuously as serjeant five 
 
 
 ' -c S5 S 
 
 
 years immediately preced- 
 
 
 -e ^ ". o 
 
 
 ing his discharge. 
 
 1 0.. 1 6 
 
 C 3 -C C 
 
 Quartermaster 
 
 Who shall have served con- 
 
 An addition to the 
 
 Serjeant, Ser- 
 
 tinuously as such three 
 
 pension to which he 
 
 jeant Major. 
 
 years immediately preced- 
 
 would have been enti- 
 
 
 ing his discharge. . '. 
 
 tled as a serjeant of 3d. 
 
 
 
 a day for a quarter mas- 
 
 
 
 ter serjeant, and of 6d. a 
 
 
 
 day for a serjeant major. 
 
 By this warrant, a soldier's ordinary pension after twenty-one 
 years' service is sixpence a day in lieu of one shilling, or tenpence 
 if a man retired at his own request, by the warrant of 1829. Sol- 
 diers who have served twenty-five years in the infantry are entitled 
 hy the warrant of 1829 to receive each a pension of Is. 2d., but by 
 the warrant of 1833, they will receive only 8d. Men who have 
 served twenty-one years in the infantry, or twenty-four years in 
 the cavalry, are well entitled to a pension, upon which they may 
 be able to exist ; but a soldier who has been long accustomed to 
 the pay and comforts of the army, is not able to live upon 6d. a 
 day he must become a pauper. Recruits seldom think of pen- 
 sions when they enter the army, but after ten or twelve years' ser- 
 vice, this subject engages much of their attention ; and those who 
 have enlisted since 1833, will be apt to draw comparisons, and to 
 find that they have been less liberally dealt with than men who en- 
 listed before that period. This circumstance may lead to ill hu- 
 mour, discontent, and ultimately to malingering for the purpose of 
 being discharged. In the event of the breaking out of a war, and 
 a large augmentation of the army being necessary, a higher rate of 
 pension will require to be granted not only to the men who then 
 enlist, but to all the men in the service who have enlisted since 
 1833. If I recollect rightly, the men who had enlisted for unlimited 
 service previous to Mr. Windham's act were included in the new
 
 PENSIONING WARRANT 1833. 183 
 
 rates ef pension given to men for limited service, and even the old 
 pensioners had their rates raised. 
 
 Men unfit to earn a livelihood after twenty-one years' service in 
 the infantry or twenty-four years in the cavalry. If a man be 
 discharged, not only as unfit for the ordinary duties of a soldier, 
 after the above periods of service, but on account of permanent dis- 
 abilities or injuries contracted in and by the service, so as to be 
 permanently incapable of earning a sufficient livelihood, an increase 
 to the above rates not exceeding for a private, 3d. a day ; corporal, 
 4d. ; serjeant 6d. may be made by the commissioners with the con- 
 sent of the secretary-at-war ; but the pension of a private shall in no 
 case exceed one shilling a day, of a corporal one shilling and four- 
 pence, of a serjeant one shilling and tenpence, of a quarter master 
 serjeant two shillings and a penny, and of a serjeant major two 
 shillings and fourpence a day. 
 
 Men unfit to earn a livelihood, under twenty-one years' service 
 in the infantry, or twenty-four years in the cavalry. Permanent 
 pensions may also be granted to men discharged on account of dis- 
 abilities or injuries contracted in and by the service, which shall be 
 so permanently prejudicial to their bodily exertions r.s to render 
 them incapable of earning a sufficient livelihood ; according to the 
 following scale : 
 
 After fourteen and under twenty-one years' service in the infan- 
 try, or after seventeen, and under twenty-four years' service in the 
 cavalry: Private from 6d. to 8d ; corporal, having served seven 
 years as corporal, from 7d. to 9d. ; serjeant. having served five years 
 as serjeant, from 9d. to Is. 
 
 These cases are. however, to be deemed special, and the pension 
 is not to be granted by the commissioners without the consent of 
 (lie secretary at war. 
 
 The temporary pensions which may have been awarded by the 
 commissioners of Chelsea hospital, under a subsequent clause of this 
 warrant, to men discharged as unfit for the ordinary duties of a 
 soldier on account of disabilities contracted in and by the service 
 previously to the completion of fourteen years' service in the infan- 
 try, or of seventeen years in the cavalry, may, under extraordinary 
 circumstances of extreme suffering, or of permanent incapacity to 
 earn a sufficient livelihood, be made permanent on the recommenda- 
 tion of the commissioners of Chelsea hospital, by the secretary at 
 vva r. 
 
 Permanent pension on reduction. Permanent pensions may be 
 allow. 'd to men discharged without disability, in consequence of 
 the reduction or disbandmeut of their regiments after a service of 
 twenty-one years in the infantry, or of twenty-four years in the 
 cavalry; but the rates shall in every case be within those granted 
 by this warrant, to men discharged as unfit for the ordinary duties 
 of a soldier, and shall he proportioned to the length of the man's 
 service, and his merits as a soldier. 
 
 Permanent pension as an indulgence. Soldiers of good cha-
 
 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 racter, who have served twenty-five years in the infantry, or twenty- 
 eight in the cavalry, may, although not unfit for the service, obtain, 
 at their own request, their discharge and a permanent pension, not 
 in any case to exceed for a private sixpence a day, for a corporal 
 eight pence a day, and for a serjeant tenpence a day. 
 
 As to the indulgence of granting a permanent pension to soldiers 
 of good character who have served twenty-five years in the infantry, 
 or twenty-eight in the cavalry, I have only to observe, that very 
 few soldiers have hitherto served these periods in the respective 
 branches of the service. Long before twenty-five or twenty-eight 
 years' service, they are in general completely unfit for duty, and 
 discharged as worn out. 
 
 In the following classes of troops and stations, the centesimal ratio 
 of men above forty years of age, from 1st January, 1830. till 3 1st 
 March, 1837, was as understated : 
 
 Stations. 
 
 Aggregate 
 strength. 
 
 Aggregate 
 No. above 40 
 years of age. 
 
 Ratio per cent, 
 above 40 years 
 of age. 
 
 Household Cavalry, 
 
 b,345 
 
 570 
 
 6.8 
 
 Dragoon Gds. & Dragoons, 
 
 43,163 
 
 2.920 
 
 6.7 
 
 Foot Guards, 
 
 33,410 
 
 2,035 
 
 6.0 
 
 Mediterranean stations in- 
 cluding Gibraltar, 
 
 53,196 
 
 1,639 
 
 3.0 
 
 Bermuda, 
 
 3,445 
 
 79 
 
 2.2 
 
 Jamaica, 
 
 16,653 
 
 352 
 
 2.1 
 
 Canadas, 
 
 16.561 
 
 346 
 
 2.0 
 
 Windward andLeeward com- 
 mand, 
 
 30,413 
 
 609 
 
 2.0 
 
 Nova Scotia and New Bruns 
 wick, 
 
 12.599 
 
 241 
 
 1.9 
 
 Temporary pensions or gratuities in lieu thereof. 
 
 Men unfit for the ordinary duties of a soldier, under twenty-one 
 years' service in the infantry^ or twenty four years in the cavalry. 
 Men discharged previously to the completion of twenty-one years' 
 service in the infantry, or of twenty-four years' service in the cavalry, 
 on account of their being unfit for the ordinary duties of a soldier, 
 in consequence of a disability contracted in and by the service, may 
 be allowed temporary pensions according to the following scale, 
 viz. Under seven years' service, sixpence a day from one to 
 eighteen months; above seven but under ten years' service, sixpence 
 a day from one to two years; above ton but under fourteen years' 
 service in the infantry, or under seventeen years in the cavalry, six- 
 pence a. day from two to three years; above fourteen but under 
 twenty-one years' service in the infantry, and above seventeen but 
 under twenty-four years in the cavalry, sixpence a day from three 
 to five years. 
 
 A non-commissioned officer, who shall have served continuously
 
 PENSIONING WARRANT 1833. 185 
 
 at least three years in the rank he held when discharged, may be 
 allowed an addilion not exceeding for a corporal twopence a day, 
 and for a Serjeant fourpence a day, to the temporary pension which 
 would have been granted to him if he had been discharged as 
 private. 
 
 In severe cases of disability or injury resulting entirely from mil- 
 itary duty, or from the effects of climate, under twenty-one years' 
 service in the infantry, or under twenty-four years service in the 
 cavalry, the temporary pension may be renewed by the secretary 
 at war for such further period as the special circumstances of the 
 case may in his judgment warrant. 
 
 In special cases where it may be considered more advantageous 
 to the soldier's interest, that a gratuity in money, proportioned to 
 the length of his services, and the duration of the temporary pension 
 awarded, should be given instead of the temporary pension, a sum 
 varying from L.I to L.30 may be allowed by the commissioners, 
 if the soldier appear personally before them, or by the secretary at 
 war, if the soldier be discharged without being examined personally 
 by the commissioners ; but in every instance the gratuity shall only 
 be paid to the soldier after his arrival at the place of his intended 
 future residence. 
 
 Temporary pension on reduction. Temporary pensions, or the 
 gratuities in lieu thereof, according to the foregoing scales, may be 
 also granted at the discretion of the commissioners to men discharged, 
 without disability, for the convenience of the public service, in con- 
 sequence of the reduction or disbandment of their regiments, after 
 a service of fourteen but under twenty-one years in the infantry, 
 or after seventeen but under twenty-four years' service in the 
 cavalry. 
 
 III. Discharges by indulgence. 
 
 Soldiers of good character may be allowed to purchase discharges, 
 or to obtain free discharge at their own request, if they have served 
 the requisite period ; but the number of men to be annually dis- 
 charged, and the selection of individuals, shall be governed by such 
 instructions as the commarider-in-chief, with the concurrence of the 
 secretary at war, may from time to time give for extending or limit- 
 ing: the numbers, or for wholly suspending the permission. 
 
 In all cases of free discharge, a period of not less than thirty days, 
 for the purpose of giving the soldier a sufficient time for delibera- 
 tion, shall elapse between the soldier's application and the com- 
 manding officer's consent to recommend the discharge ; and the 
 prospect of permanent pension which the soldier will forfeit by ac- 
 cepting a free discharge at his own request, shall be clearly explained 
 to him. 
 
 Soldiers may be permitted to purchase or to obtain discharge, at 
 their own request, upon the following terms:
 
 186 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 Cavalry. Infantry. 
 
 Under 7 years upon payment of L.30 20 
 
 Above 7. 25 18 
 
 10^ - 21 15 
 
 12, 15 10 
 
 14, 12 5 
 
 15, 6 - Free. 
 
 16, Free. Free. 
 
 When it is the intention of a soldier who has been permitted to 
 obtain a free discharge, at his own request, to settle in any of his 
 majesty's colonies, he may, if in good health, be allowed, in further- 
 ance of that object, by the secretary at war, a gratuity proportioned 
 to the length of his services, according to the following scale ; but 
 this gratuity shall be paid to him only in the colony in which he 
 proposes to settle, and in such manner and at such times, but within 
 eighteen months after his arrival, as shall be deemed best for his 
 interests by the general officer in command of the station, or by the 
 governor of the colony; but the permission to setile in the colonies 
 will of course be governed by the instructions of the secretary of 
 state for the colonies. 
 
 Cavalry. Infantry. To a private. To a Corporal. To a Serjeant. 
 
 After 21 years. After 18 years. L.10 - L.15 - L.20 
 
 22 19 12 18 24 
 
 23 20 14 - 20 28 
 
 24 21 16 24 32 
 
 25 22 18 27 36 
 
 26 23 20 30 40 
 
 27 24 24 36 48 
 
 provided that, in the case of the corporal and Serjeant, he shall have 
 served continuously five years immediately preceding his discharge 
 in the rank he held when discharged. 
 
 Where grants of land in the colonies can be made in addition to 
 free discharges, the precise terms of the grant, and the most advan- 
 tageous mode of paying the gratuity, shall be clearly explained to 
 the soldier before he receives his discharge, and shall be registered 
 in the regimental records. When a soldier who has received a free 
 discharge, with or without a gratuity, has been settled three months, 
 and is actually residing on his grant, and is industriously employed 
 in clearing it, the governor, under authority from the secretary at 
 war, may authorise the issue of a quarter's pension at sixpence a 
 day, and may from time to time renew such issue for a period not 
 exceeding in the whole one year. 
 
 IV. Rewards for Meritorious Conduct. 
 
 With the view of rewarding meritorious soldiers when discharged, 
 and of encouraging good conduct in others whilst serving, his ma- 
 jesty has been pleased to direct that a gratuity, in addition to the
 
 PENSIONING WARRANT 1833. 187 
 
 pension, may in certain cases be given to one serjeant or corporal, 
 and one private, annually, in every regiment of an establishment of 
 700 rank and file and upwards; and in regiments of a lower esta- 
 blishment than 700 rank and file, one individual may be recom- 
 mended every year for the above mentioned gratuity, to be selected 
 by alternate years; that is to say, one year a serjeant or corporal, 
 the next year a private. 
 
 The men to be recommended must have completed twenty-one 
 years of actual service in the infantry, or twenty-four in the cavalry; 
 have never been convicted by court-martial, and must have borne 
 an irreproachable character, or have particularly distinguished 
 themselves in the service. The Serjeants must have served ten 
 years, and the corporals seven years, in their respective ranks as 
 non-commissjoned officers, and must have been discharged as such. 
 The gratuity to the serjeant shall be L.15; corporal, L.7; private, 
 L.5. These gratuities will be paid under the directions of the 
 secretary at war, to whom the commander-in-chief will notify the 
 individuals selected, previously to their discharge; the names and 
 services of the individuals receiving the gratuity shall be published 
 in regimental orders, and the secretary at war will notify them to 
 the parishes to which the men belong. 
 
 Discharged soldiers receiving the gratuity for meritorious con- 
 duct shall be entitled to wear a silver medal, having on one side of 
 it the words "For Long Service and Good Conduct," and on the 
 other side, in relief, the king's arms, with the name and rank of the 
 soldier, and the year of his discharge, inscribed on the medal. The 
 medal will be transmitted by the adjutant-general to the officer com- 
 manding the regiment, who will deliver it to the soldier on parade, 
 with the parchment certificate of discharge, on which the grant will 
 be recorded, as well as in the regimental orders, and in the register 
 of soldiers' services. 
 
 [This rule is obviously impracticable in a great number of in- 
 stances.] 
 
 If circumstances should prevent the discharged soldier from 
 receiving the medal at the regiment, it will be delivered to him 
 through the adjutant-general at the board of the commissioners of 
 Chelsea hospital. 
 
 . 
 V. General Provisions. 
 
 Medical examination of soldiers claiming pensions for dis- 
 ability. In no case shall a soldier be pensioned for disability until 
 his case shall have been reported upon by some other medical 
 authority than the medical officers of the regiment to which he be- 
 longs; and the principal medical officer or staff-surgeon, who has 
 had under treatment at the general hospital the soldier who is re- 
 quired to appear personally before the commissioners of Chelsea 
 hospital, or before the governors of Kilmainham hospital, will 
 attend on the day appointed by the commissioners to hold a board
 
 188 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 at Chelsea or Kilmainham, with an abstract of his professional 
 observations on the man's case, when the board will decide upon 
 the soldier's claim to pension. 
 
 Personal appearance before Ckdsea board dispensed with in 
 certain cases. Soldiers who obtain permission to be discharged to 
 pension at (heir own request, for length of service and good con- 
 duct, and soldiers discharged as being disabled, if they have com- 
 pleted twenty-one years' service in the infantry, or twenty-four 
 years' service in the cavalry, may be admitted on the out-pension 
 list witli^ut appearing personally before the commissioners of Chel- 
 sea hospital, provided that the reports of the regimental boards and 
 the discharges shall be transmitted through the cornmander-in- 
 chief to the secretary at war, who will signify to the commissioners 
 his majesty's pleasure for the pensioning of such soldiers without 
 their appearing personally before the board, at such rate of pension 
 as the commissioners may determine; but no soldier shall be pen- 
 sioned by the commissioners without personal appearance, except 
 under such dispensing authority conveyed to them by the secretary 
 at war. 
 
 Proceeding's of commissioners to be reported to the secretary 
 at war. Immediately after each board at Chelsea hospital, a re- 
 turn shall be forwarded by the commissioners to the secretary at 
 war, showing in detail the pensions which have been granted, and 
 the claims which have been refused at the board. The secretary 
 at war, on receiving the return, shall make such communications 
 on the subject to the commanding officers of the regiments from 
 which the men shall have been discharged, and to the parishes to 
 which the men belong, as may in his judgment seem proper. 
 
 Rules for reckoning service towards pension. The date of 
 attestation shall be the commencement of a soldier's service, which 
 shall reckon towards pension from the age of eighteen only. The 
 age specified in the attestation shall be taken to be the real age, 
 and he shall in no case benefit by the subsequent discovery of any 
 misrepresentation. His service shall be rekoned according to the 
 rules applicable to the corps in which he may be serving when dis- 
 charged. 
 
 But he shall not reckon as military service any previous service 
 in his majesty's navy, nor any period during which he shaU not 
 be entitled to pay, according to the provisions' of the mutiny act. 
 
 Service of non-commissioned officers, No non-commissioned 
 officer shall, on his discharge, have any claim to the allowance or 
 pension awarded to a corporal or Serjeant, except for continuous 
 service immediately preceding his discharge in the rank he held 
 when discharged: but if a Serjeant shall be discharged without 
 having served continuously as serjearit the full period prescribed by 
 this warrant lo entitle him to the pension of that rank, he may be 
 allowed to reckon as corporal's service the whole of his continuous 
 service as a non-commissioned officer, to entitle him to the rate of 
 pension allowed to the rank of corporal; and antecedent service as
 
 PENSIONING WARRANT 1833. 189 
 
 a non-commissioned officer in a rank from which he may have 
 been reduced, may be specially admitted to reckon as part of his 
 continuous service, provided it be established to the satisfaction of 
 the secretary at war, that such reduction in rank was on account 
 of the public service, and did not result from any irregularity or 
 misconduct on the part of the soldier himself. 
 
 The period during which any soldier may have been employed 
 as an acting lance Serjeant or corporal, shall not be allowed to 
 reckon as non-commissioned officer's service. 
 
 Discharged men re-enlisting. A soldier discharged on the dis- 
 bandment or reduction of his corps, shall, on being permitted to 
 re-enlist within three years, reckon his former service, provided 
 that at the time of being attested he shall declare his former period 
 of service, and the cause of his discharge from his last corps, so 
 that they may be recorded in his attestation. 
 
 A soldier who has purchased his discharge, or has received a free 
 discharge at his own request, shall not, if he re-enlist, reckon his 
 former service. 
 
 A soldier discharged from the army for disability, or for any 
 other cause, who shall on re-enlisting conceal the fact or misrepre- 
 sent the cause of his former discharge, shall not be allowed to 
 reckon his past service, or to receive any pension if again dis- 
 charged for disability. 
 
 A pensioner who shall, under a proclamation of his majesty, or 
 other lawful authority, be called upon to serve in a veteran bat- 
 talion or company, or to be attached to a regiment of the line within 
 the United Kingdom, shall, on his discharge, reckon such service 
 towards increase of pension, provided the period be not less than 
 one year. 
 
 A pensioner who voluntarily enlists into a veteran company or 
 battalion, or who is appointed to be a district, or barrack, or garrison 
 serjeant, or a military clerk, or hospital steward, or who is employ- 
 ed in any other military capacity, shall not be entitled to reckon 
 such service towards increase of pension; but if such pensioner 
 shall have served ten years or more in a veteran company or bat- 
 talion, or as district serjeant, and shall be discharged therefrom 
 with a good character, or even if he shall have served less than ten 
 years, and shall be discharged under circumstances entitling him 
 to special consideration as a deserving soldier, an increase of pen- 
 sion may be granted to him, not exceeding in any case the rates 
 allowed by this warrant to men discharged as unfit for the ordinary 
 duties of a soldier, upon his majesty's pleasure to that effect being 
 signified to the commissioners of Chelsea hospital by the secretary 
 at war. 
 
 Forfeiture of pension. A soldier forfeits all claim to pension 
 who has been convicted by a court-martial of the crime of desertion ; 
 of having wilfully maimed himself; or of having tampered with 
 his eyes, or caused a total or partial loss of sight by his vice, in- 
 temperance, or other misconduct : of having made or of being 
 8 g 13 mar
 
 190 MARSHALL ON THE ENLISTIN'G, ETC. OF SOLDIERS. 
 
 privy to the making of any fuiso entry, or of producing any fraudu- 
 lent document, either as regards his own services, or those of any 
 other person; and upon conviction by a court martial, or by a 
 civil tribunal, of any vicious or disgraceful conduct. 
 
 If in either of the above cases the soldier shall, subsequently to 
 such conviction by court-martial, have performed good, faithful, or 
 gallant service, he may, on the same being duly certified by the 
 commander-in-chief, be restored lo the benefit of the whole or of 
 any part of his service, upon his majesty's pleasure to that effect 
 bi'ing signified by ihe secretary at war. 
 
 Non-commissioned officers and soldiers who have forfeited their 
 claims lo pension in consequence of misconduct, shall have their 
 names and the circumstances under which their pensions were for- 
 feited, published in the orderly book of the regiment to which they 
 belonged, and a memorandum of the circumstances may, at the dis- 
 cretion of the secretary at war, be sent to the parishes to which they 
 belong when the men are discharged. 
 
 A pensioner shall be subject to forfeiture of pension under the 
 following circumstances: For wilfully obtaining credit, for more 
 than his actual service, by means of false entries, alterations, or 
 erasure in regimental books or documents, or by any misrepresenta- 
 tion of his real claims* for the commission of any felonious act or 
 gross fraud, proved to the satisfaction of the commissioners; for 
 not appearing when called upon, according to the regulations and 
 conditions of the service, by the commissioners of Chelsea hospital, 
 or other lawful authority, to serve in a veteran or garrison battalion 
 or company, or in a regiment of the line within the limits of the 
 United Kingdom, or for refusing so to serve when required; for 
 neglecting to obey the call of the magistrates, or other sufficient au- 
 thority, to assist in preserving the public peace; for gross violence 
 or outrage towards any person paying the pensioners; for assum- 
 ing a false name when committed or imprisoned by the magistrates 
 on any charge of vagrancy, or of any misdemeanour or crime; 
 upon conviction by a civil tribunal for felony or for any vicious or 
 disgraceful conduct. But the commissioners at Chelsea hospital, 
 with the consent of the secretary at war, may, in certain cases ap- 
 pearing to them to admit of such an act of grace, restore the pen- 
 sioner, who has so forfeited his pension, to the whole, or to a portion 
 of his original rate of pension. 
 
 Any pensioner who neglects to draw his pension for four suc- 
 cessive quarters shall be struck off the pension list, and shall not 
 be replaced unless lie shall satisfactorily account for such omission. 
 and the commissioners shall, at their discretion, grant or withhold 
 the arrears, or any portion thereof. 
 
 If a pensioner shall apply to any parish for relief for himself or 
 family, or shall suffer his family to become chargeable to the parish, 
 his pension will become payable to the parish officers, according to 
 the provisions of the acts of parliament, 59 Geo. III. c. 12, and 
 6 Geo. IV. c. 27.
 
 PENSIONING WARRANT 1836. 191 
 
 A pensioner on his admission to Chelsea or Kihnainham hospi- 
 tals as an in-pensioner, forfeits, in conformity with the act 7 Geo. 
 IV. c. 16, all claim to the out-pension; but the commissioners of 
 Chelsea and the governors of Kilmainham hospitals may, upon 
 reasonable cause assigned to them, permit any in-pensioner to retire 
 from the said hospitals, and may also dismiss any in-pensioner who 
 lias been guilty of misconduct; reserving to themselves the power 
 .f restoring or of reducing the amount of the pension to which such 
 pensioner was entitled on his admission. 
 
 Deductions to which the pensioner is liable. Every pension 
 granted under the authority of this warrant shall be subject to a 
 deduction of sixpence in the pound. 
 
 No person employed to pay the pensioners shall be allowed to 
 charge more than threepence for the affidavit required to be trans- 
 mitted quarterly to the secretary to the board at Chelsea hospital ; 
 and no agent or clerk paying the pensioners shall demand or take 
 from them any fee or reward, without subjecting himself to the 
 penalty of forfeiting his office, together with the sum of L.100, in 
 conformity with the act 7 Geo. IV. c. 16. 
 
 Should a pensioner lose his instructions, and make an applica- 
 tion for a fresh copy, he may be supplied therewith on making an 
 affidavit of the circumstances under which the original was lost. 
 and provided it shall be shown that the same had not been pledged 
 or improperly disposed of; but if the pensioner be proved to have 
 taken a false oath, he shall be struck off the pension list. When 
 new instructions are given, he shall be liable to pay for them a 
 sum not exceeding two shillings and sixpence, nor less than one 
 shilling. 
 
 Given at our court at St. James's, this seventh day of February, 
 1833. in the third year of our reign. 
 
 By his majesty's command, 
 
 JOHN HOBHOUSE. 
 
 IV. Warrant, 18th August, 1836. 
 
 WILLIAM R. WHKRKAS it has befii represented to us that it 
 would materially tend to the encouragement of good conduct in the 
 army, if a reward, to be attained only by the well-conducted soldier, 
 were substituted for the additional pay now granted to soldiers who 
 have completed certain periods of service: Our will and pleasure 
 is, that all soldiers who shall enlist into our service on or after the 
 1st day of September, 1836, shall have no claim to additional pay 
 after any period of service, but that a reward of additional pay for 
 good conduct shall be granted to such soldiers under the following 
 rules: 
 
 1. Soldiers who shall have completed seven years' service shall 
 be entitled to claim Id. a day, and to wear a ring of lace round the 
 right arm, provided their names shall not have been entered in the
 
 192 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 regimental defaulters' book for at least two years immediately pro- 
 ceeding such claim. 
 
 2. Soldiers who shall have completed fourteen years' service 
 shall he entitled to claim a further reward of Id. a day, and to wear 
 two rings of lace round the right arm, provided they shall have 
 been uninterruptedly in the enjoyment of the Id. a day for at least 
 two years immediately preceding such further claim. 
 
 3. Soldiers who shall have completed twenty-one years' service 
 shall be entitled to claim a further reward of Id. a day, and to wear 
 three rings of lace round the right arm, provided they shall have 
 been uninterruptedly in the enjoyment of the 2d. a day for two 
 years immediately preceding their claim to the third penny. 
 
 4. Soldiers who by their good conduct shall have obtained the 
 distinction of one or more rings, shall be entitled to have the full rate 
 of that good conduct pay, of which they shall have been in uninter- 
 rupted possession for five years immediately preceding their dis- 
 charge, added to the rate of pension, whether temporary or perma- 
 nent, to which they may have a right under the provisions of our 
 warrant of the 7th February, 1833. 
 
 5. Soldiers who have been in the possession of some one or other 
 of the rates of good conduct pay for five years uninterruptedly, but 
 who have only been in possession of either of the higher rates for 
 some period not. less than two years immediately preceding their 
 discharge, shall be entitled, if discharged with two rings, to an ad- 
 dition of Ud., and if discharged with three rings, to an addition of 
 2d., as an augmentation of the pension to which their services will 
 entitle them. 
 
 6. Soldiers who shall have been in the uninterrupted possession 
 of good conduct pay for at least threee years immediately preceding 
 their discharge for disability, or by reduction, and who shall not 
 have acquired claims to pension, or who shall be entitled only to 
 temporary or conditional pensions, shall have their names registered 
 at Chelsea hospital ; and upon their attaining sixty years of ajjo 
 shall receive, as a reward for their former good conduct, a pension 
 of 4d. a day, if discharged with one ring, and of 6d. a day if dis- 
 charged after having been twelve months in possession of two rings; 
 and this reward for former good conduct shall also be extended to 
 soldiers who may be permitted to obtain free discharge at their own 
 request, as an indulgence, after certain periods of service, as de- 
 scribed in the 10th article of this warrant. 
 
 7. All soldiers now in our service who enlisted since the 1st 
 March, 1833, shall have the option of relinquishing all right to the 
 additional pay of 2d. a day, to which they are now entitled after the 
 completion of fourteen years' infantry, or of seventeen years' cavalry 
 service, and shall then be entitled, by their good conduct, to claim 
 the Id. a day, after seven years' service, and shall be, in all respects, 
 entitled to all the advantages both of good conduct pay while serv- 
 ing, of pension on discharge, and of deferred pension, which ore 
 hereby granted to soldiers henceforward enlisting.
 
 PENSIONING WARRANT 1830. 193 
 
 8. All soldiers now serving, who enlisted on or before the 1st 
 March, 1833, shall, by relinquishing their right to additional pay for 
 length of service, be entitled to claim all the advantages of good con- 
 duct pay while serving, which are here granted ; but as the warrants 
 which were in force at the time of their original enlistment, give 
 them a right to higher rates of pension on discharge, than those 
 which are to be granted to men enlisted after the 1st March, 1833, 
 they will not be entitled to have their good conduct pay added to 
 their pensions on discharge. 
 
 9. In special cases, however, of men enlisted on or before the 1st 
 March, 1833, who, by their good conduct, have obtained the dis- 
 tinction of one or more rings, and who, after short service, may be 
 discharged for disabilities or by reduction either without pension, 
 or with temporary or conditional, or permanent pensions, (not ex- 
 ceeding those granted for similar disabilities and services under our 
 warrant of the 7th February, 1833,) the good conduct pay may, by 
 the consent of our secretary at war, be added to their pensions; and 
 such men, if not placed upon permanent pensions, may be registered 
 at Chelsea for the deferred pension, under the same rules as the 
 men enlisted after the 1st March, 1833. 
 
 10. Soldiers who shall have obtained the distinction of one or 
 more rings, and who may be permitted to purchase or obtain free 
 discharge at their own request, shall be allowed free discharges upon 
 the following terms, instead of those prescribed by the warrant of 
 our late royal brother of the 14th November, 1829, and by our war- 
 rant of the 7th February, 1833; but the conditions, limitations, and 
 regulations for granting discharges by indulgence, laid down in the 
 said warrants, shall, in the cases of all other soldiers, remain in full 
 force 
 
 Cavalry. Infantry. 
 
 Under 5 years' service, L.30 L.20 
 
 After 5 years' service, and with 2 years' ) - iq 
 
 absence from the defaulter's book, $ 
 
 After 7 years with one ring, 20 15 
 
 After 10 do. do. 15 10 
 
 After 12 do. do. 10 5 
 
 After 14 do. do. 5 Free. 
 
 After 16 do. do. free, with the right of registry for deferred 
 
 pension of 4d. a day. 
 
 x After 16 years, with 2 rings, having possessed the second at least 
 12 months, free, with the right of registry for deferred pension of 
 6d. a day. 
 
 11. Soldiers enlisted since the 1st March, 1833, who are in the 
 enjoyment of two or of three rings, and of the good conduct pay, 
 may obtain permanent pension as an indulgence, at the rate fixed 
 in the warrant of 7th February, 1833, two years earlier than other 
 men who have not earned this distinction, and may further receive
 
 194 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 the same amount of good conduct pay which would have been 
 added to their ordinary pension under the rules laid down in this war- 
 rant, if they had been discharged as unfit for further service or by 
 reduction. 
 
 12. As it is our will and pleasure that this reward shall he strictly 
 an honourable distinction, to be conferred only upon the well con- 
 ducted soldier, the commanding officers of regiments are strictly 
 enjoined to enter in the regimental defaulter's book the name of 
 every soldier, who, in consequence of any misconduct whatever, 
 shall have been confined in the guard-house, or subjected to any 
 punishment; and the commission of every offence, which shall 
 impose upon the commanding officer the necessity of recording the 
 soldier's name in the regimental defaulter's book, shall render the 
 man ineligible for this reward for two years from that date ; and if 
 he be already in possession of this distinction, shall deprive him of 
 his ring and good conduct pay for one yetir ; and a second recorded 
 offence within twelve months shall render two years of uninter- 
 rupted good conduct necessary to obtain a restoration of such reward. 
 
 13. The soldier having two or three rings shall in like manner 
 for the first and second recorded offences forfeit one ring, and the 
 good conduct pay allowed with it for one year for each offence ; and 
 if a third offence be recorded against him in the regimental default- 
 er's book within twelve months, he shall forfeit all claim in conse- 
 quence of his previous good conduct, and shall only be entitled to 
 obtain a restoration of his honourable distinctions, by subsequently 
 serving with uninterrupted good conduct for two years to obtain 
 one ring, for four years to obtain two rings, and for six years, to 
 obtain three rings. 
 
 14. Any soldier who, by having been recorded in the regimental 
 defaulter's book, shall have been adjudged to have been guilty of an 
 offence by which he is to forfeit the whole or part of his reward for 
 previous good conduct, shall, if he denies the commission of such 
 offence, have the right of appeal to a court-martial. 
 
 15. A soldier may. for a first offence of a serious nature, be ad- 
 judged, by the sentence of a court-martial, to forfeit all or any part 
 of the advantages he had derived from his previous good conduct, 
 either absolutely, or for a longer or shorter period, according to the 
 circumstances which shall have appeared in evidence. 
 
 16. The distinction and the rewards granted by this warrant will 
 be extended to corporals and drummers, both as regards pay and 
 pension, but Serjeants and other non-commissioned officers will not 
 he allowed, while serving, any addition to their established pay, hut 
 on their discharge, they may, for peculiarly good conduct, on the 
 special recommendation of our general commanding-in-chief, and 
 by the consent of our secretary at war, communicated to tin? com- 
 missioners of Chelsea hospital, he allowed additions of Id.. 2d., or 
 3d. a day to their pensions; provided that the aggregate pension 
 shall in no case exceed for a serjoant Is. 10d., for a quarter-master 
 Serjeant 2s. Id. and fora serjeant-major, 2s. 4d. a day.
 
 PENSIONING WARRANT 1836. 195 
 
 Given at onr court at Windsor, this 18th day of August, 1836, in 
 thesevemh year of our reign. By his majesty's command, 
 
 HOWICK. 
 
 V. Instructions consequent upon his majesty's warrant of the 
 ISlh August, 1836. 
 
 1. The rules established hy the warrant in regard to soldiers who 
 shall enlist on or after the 1st September, 1836, will apply to men 
 who shall re-enlist after that date. 
 
 2. The service requisite to entitle corporals, drummers, trumpet- 
 ers, fifers, buglers, and private men to the distinction and rewards 
 granted by this warrant, may include former service in all ranks 
 after the age of eighteen. 
 
 3. Men discharged on reduction or for disability, and re-enlisting 
 within three years after the date of their di.'-charse, may reckon their 
 former service, provided they shall declare such former service at 
 the time of re-enlistment; but men purchasing their discharges, or 
 receiving free discharges, shall not reckon former service. 
 
 4. The forfeiture of service now attaching: to individuals in re- 
 spect of additional pay, in consequence of the sentence of a court- 
 martial, or of conviction for desertion, will equally attach to them 
 in respect to good conduct pay. 
 
 5. All soldiers now serving who enlisted on or before the 1st 
 March, 1833, and who have completed twenty-one years' service, 
 may, on relinquishing their right to additional pay, receive 3d. per 
 diem good conduct pay, provided their names shall not have been 
 entered in the regimental defaulters' book for at least six years 
 immediately preceding the exchange. 
 
 6. Soldiers of less than twenty-one years' service, already in the 
 receipt of additional pay at 2d. a day for length of service, may, on 
 relinquishing their riirht to additional pay, continue to receive the 
 same amount, as good conduct pay, provided their names shall not 
 have been entered in the regimental defaulter's book for at least four 
 years immediately preceding the exchange. 
 
 7. Soldiers who are already in the receipt of additional pay of Id. 
 a day for length of service may, on relinquishing their right to ad- 
 ditional pay, continue to receive the same amount, ns good conduct 
 pay. provided their names shall not have been entered in the regi- 
 mental defaulter's book for at least two years immediately preceding 
 the exchange. 
 
 8. Soldiers not yet in the receipt of additional pay for length of 
 service may, by relinquishing their riofht to the same, receive good 
 conduct pay. on completing the respeclive periods of seven, fourteen, 
 and twenty-one years, provided their names shall not have been en- 
 tered in the regimental defaulter's book in the first case, for at least 
 two years; in the second case for at least four years; and in the 
 third case, for at least six years immediately preceding. 
 
 9. Soldiers who were present at the battle of Waterloo shall be
 
 196 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 allowed to reckon two years in addition to their actual service, and 
 those who were enlisted before the 1st December, 1829, shall be 
 allowed to reckon three years for two of actual service after the age 
 of eighteen in the East and West Indies (in other than West India 
 regiments.) 
 
 10. Soldiers enlisted before the 1st September, 1836, shall be en- 
 titled to the distinction of rings under the provisions of the warrant, 
 whether they accept or not the option of relinquishing additional 
 pay for good conduct pay ; and they shall be entitled to the same 
 addition to their pensions for the number of rings they may seve- 
 rally possess at the period of their discharge, as is allowed, under 
 the provisions of the warrant, to men in receipt of good conduct 
 pay. 
 
 Ho WICK. 
 
 War- Office, VZth Sept. 1836. 
 
 VI. Good conduct warrant, dated 9/A May, 1839. 
 
 VICTORIA R. WHEREAS it has been represented to us, that it 
 would materially tend to the encouragement of good conduct in the 
 army if a reward, to be attained only by the well-conducted soldier, 
 were substituted for the additional pay granted to soldiers who have 
 completed certain periods of service; our will and pleasure is, that 
 all corporals, trumpeters, drummers, fifers, buglers, and private sol- 
 diers, enlisted or re-enlisted into our service on or after the 1st day 
 of September, 1836, shall have no claim to additional pay after any 
 period of service, but that a reward of additional pay for good con- 
 duct shall be granted to such soldiers under the following rules : 
 
 1. Soldiers who shall have completed seven years' service shall be 
 entitled to claim Id. a day, and to wear a distinguishing mark, pro- 
 vided their names shall not have been entered in the regimental 
 defaulter's book for at least two years immediately preceding such 
 claim. 
 
 2. Soldiers who shall have completed 14 years' service shall be 
 entitled to claim a further reward of Id. a day, arid to wear two dis- 
 tinguishing marks, provided they shall have been uninterruptedly 
 in the enjoyment of Id. a day, for at least two years immediately 
 preceding such further claim. 
 
 3. Soldiers who shall have completed 21 years' service shall be 
 entitled to claim a further reward of Id. a day, and to wear three 
 distinguishing marks, provided they shall have been uninterrupt- 
 edly in the enjoyment of the 2d. a day for two years immediately 
 preceding their claim to the third penny. 
 
 4. Soldiers who shall have completed 28 years' service shall be 
 entitled to claim a further reward of Id. a day, and to wear four 
 distinguishing marks, provided they shall have been uninterrupt- 
 edly in the enjoyment of the 3d. a day, for two years immediately 
 preceding their claim to the fourth penny. 
 
 5. Soldiers, who by their good conduct shall have obtained one
 
 GOOD-CONDUCT WARRANT 1836. 197 
 
 or more distinguishing marks, shall be entitled to have the full rate 
 of that good conduct pay of which they shall have been in unin- 
 terrupted possession for five years immediately preceding their dis- 
 charge, added to the rate of pension, whether temporary or permanent, 
 to which they may have a right under the^provisions of a warrant 
 of our late royal uncle, dated the 7th February, 1833. 
 
 6. Soldiers who have been in the possession of some one or other 
 of the rates of good conduct pay for five years uninterruptedly, but 
 who have only been in possession of either of the higher rates for 
 some period not less than two years immediately preceding their 
 discharge, shall be entitled, if discharged with two distinguishing 
 marks, to an addition of d. ; if discharged with three distinguishing 
 marks, to an addition of 2d. ; and if discharged with four distin- 
 guishing marks, to an addition of 3id., as an augmentation of the 
 pension to which their services will entitle them. 
 
 7. Soldiers who shall have been in the uninterrupted possession 
 of good conduct pay for at least three years immediately preceding 
 their discharge for disability, or by reduction, and who shall not 
 have acquired claims to pension, or who shall be entitled only to 
 temporary or conditional pensions, shall have their names registered 
 at Chelsea hospital ; and upon their attaining sixty years of age. 
 shall receive, as a reward for their former good conduct, a pension 
 of 4d. a day if discharged with one distinguishing mark, and of 6d. 
 a day if discharged after having been twelve months in possession 
 of two distinguishing marks; and this reward for former good con- 
 duct shall also be extended to soldiers who may be permitted to 
 obtain free discharges at their own request, as an indulgence, after 
 certain periods of service, as described in the llth article of this 
 warrant. 
 
 8. The service requisite to entitle men to the distinction and re- 
 wards granted by this warrant, may include former service in all 
 ranks after the age of eighteen. 
 
 9. Men discharged on reduction or for disability, and re-enlisting 
 within three years after the date of their discharge, may reckon 
 their former service, provided they shall declare such former service 
 at the time of re-enlistrnent ; but men purchasing their discharges, 
 or receiving free discharges, shall not reckon former service. 
 
 10. The forfeiture of service now attaching to individuals in re- 
 spect of additional pay, in consequence of the sentence of a court- 
 martial, or of conviction for desertion, will equally attach to them 
 in respect of good conduct pay. 
 
 11. Soldiers of good conduct, who may be permitted to purchase 
 or to obtain free discharges at their own request, shall be allowed 
 free discharges upon the following terms, instead of those pre- 
 scribed by the royal warrant of the 14th November, 1829, and by his 
 late majesty's warrant of the 7th February, 1833; but the condi- 
 tions, limitations, and regulations, for granting discharges by in- 
 dulgence, laid down in the said warrants, shall, in the cases of all 
 other soldiers, remain in full force.
 
 198 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 Cavalry. Infantry. 
 
 Under 5 years' actual service, L.30 L.20 
 
 After 5 years' actual service, and with 2 years' ) t ,~ 
 
 absence from the defaulter's book, 
 After 7 years' actual service, with one distin- 
 guishing mark, 
 
 After 10 years' actual service, with one distin- 
 guishing mark, 
 
 After 12 do. do. 10 
 
 After 14 do. do. 
 
 After 16 do. do. free, with the right of registry for 
 
 deferred pension of 4d. a day. 
 
 After 16 years' actual service, with two distinguishing marks, 
 having possessed the second at least 12 months, free, with the 
 right of registry for deferred pension of 6d. a-day. 
 
 20 15 
 
 15 10 
 
 12. Soldiers enlisting since the 1st March, 1833, who are in the 
 enjoyment of two or more distinguishing marks, and of the good 
 conduct pay, may obtain permanent pension as an indulgence, at 
 the rate fixed in the warrant of 7th February, 1833, two years 
 earlier than other men who have not earned this distinction, and 
 may further receive the same amount of good-conduct pay, which 
 would have been added to their ordinary pension, under the rules 
 laid down in this warrant, if they had been discharged as unfit for 
 further service, or by reduction. 
 
 13. As it is our will and pleasure that this reward shall be strictly 
 an honourable distinction, to be conferred only upon the well con- 
 ducted soldier, the commanding officers of regiments are strictly 
 enjoined to enter in the regimental defaulter's book the name of 
 <3very soldier who, in consequence of misconduct, shall have been 
 subjected to any punishment beyond six days' drill, or seven days 1 
 confinement to barracks, and the commission of every offence, 
 which shall impose upon the commanding officer the necessity of 
 recording the soldier's name in the regimental defaulter's book, 
 shall render the man ineligible for this reward for two years from 
 that date, and. if he be already in possession of this distinction, 
 shall deprive him of his distinguishing mark and good-conduct pay 
 for one year; and a second recorded offence within twelve months 
 shall render two years of uninterrupted good conduct necessary to 
 obtain a restoration of such reward. 
 
 14. The soldier having two or more distinguishing marks shall, 
 in like manner for the first, second, and third recorded offences, 
 forfeit one distinguishing mark, and the good-conduct pay allowed 
 with it, for one year for each offence; and if a fourth offence be 
 recorded against him in the regimental defaulter's book, within 
 twelve months, he shall forfeit all claim in consequence of his pre- 
 vious good conduct, and shall only he entitled to obtain a restoration 
 of his honourable distinctions by subsequently serving, with mi in-
 
 GOOD-CONDUCT WARRANT 1839. 199 
 
 terrupted good conduct, for two years, to obtain one distinguishing 
 mark, for four years to obtain two distinguishing marks, for six 
 years to obtain three distinguishing marks, and for eight years to 
 obtain four distinguishing marks. 
 
 15. Any soldier who, by having been recorded in the regimental 
 defaulter's book, shall have been adjudged to have been guilty of 
 an offence by which he is to forfeit the whole or a part of his 
 reward for his previous good conduct, shall, if he denies the com- 
 mission of such offence, have the right of appeal to a cnhrt-martiat. 
 
 16. A soldier may, for a first offence of a serious nature, be 
 adjudged, by the sentence of a court-martial, to forfeit all or any 
 part of the advantages he had derived from his previous good 
 conduct, either absolutely or for any period not less than eighteen 
 months, according to the circumstances which shall have appeared 
 in evidence. 
 
 17. The distinction and the rewards granted by this warrant do 
 riot extend to Serjeants and other non-commissioned officers above 
 the rank of corporal, and they will not be allowed, while serving, 
 any addition to their established pay; but if permitted to purchase 
 their discharges, or to obtain free discharges at their own request, 
 they will be admitted to the benefits of article 11 of this warrant; 
 and if discharge to pension, they may, for peculiarly good conduct, 
 on the special recommendation of our general commanding-in-chief, 
 and by the consent of our secretary at war, communicated to the 
 commissioners of Chelsea hospital, be allowed additions of Id. 2d. 
 vd. or 4d. a-day to their pensions ; provided that the aggregate 
 pension shall in no case exceed, for a serjeant, Is. lOcl., for a 
 qnarter-master-serjeant, 2s. Id., and for a serjeant-maJor, 2s. 4d. 
 a-day. 
 
 18. All soldiers now in our service, who enlisted since the 1st 
 March, 1833, but before 1st September, 1S36, shall have the option 
 of relinquishing all right to the additional pay of 2d. a day, to which 
 they are now entitled after the completion of fourteen years' infan- 
 try, or of seventeen years' cavalry service, and shall then beentiiled, 
 by their good conduct, to claim the Id. a-day after seven years' 
 service, and shall be, in all respects, entitled to all the advantages 
 both of good-conduct pay while serving, of pension on discharge, 
 and of deferred pension, which are herein before granted to soldiers 
 enlisted on or after 1st September, 1836. 
 
 19. All soldiers now serving, who enlisted on or before the 1st 
 March, 1833, shall, by relinquishing their right to additional pay 
 for length of service, be entitled to claim all the advantages of good- 
 conduct pay while serving, which are hereby granted ; but as the 
 warrants which were in force at the time of their original enlist- 
 ment give them a right to higher rates of pension on discharge 
 than those which are to be granted to men enlisted after the 1st 
 March, 1333, they will not be entitled to have their good-conduct 
 pay added to their pensions on discharge. 
 
 iiO. In special cases, however, of men enlisted on or before the
 
 200 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 1st March, 1833, who, by their good conduct, have obtained one or 
 more distinguishing marks, and who, after short service, may be 
 discharged for disabilities, or by reduction, either without pension 
 or wilh temporary, or conditional, or permanent pensions, (not 
 exceeding those granted for similar disabilities and services under 
 the warrant of the 7th February, 1833,) the good-conduct pay may. 
 by the consent of our secretary at war, be added to their pensions ; 
 and such men, if not placed upon permanent pensions, may be 
 registered at Chelsea for the deferred pensions, under the same rules 
 as the men enlisted after the 1st March. 1833. 
 
 21. All soldiers now serving, who enlisted on or before the 1st of 
 September, 1836, and who have completed twenty-eight years' ser- 
 vice, may, on relinquishing their right to additional pay, receive 4d. 
 a day good-conduct pay, provided their names shall not have been 
 entered into the regimental defaulter's book, for at least eight 
 years immediately preceding the exchange. 
 
 22. Soldiers who have completed twenty-one years' service may, 
 on relinquishing their right to additional pay, receive 3d. per diem 
 good-conduct pay, provided their names shall not have been entered 
 in the regimental defaulter's book for at least six years imme- 
 diately preceding the exchange. 
 
 23. Soldiers of less than twenty-one years' service, already in the 
 receipt of additional pay. at 2d. a day, for length of service, may. 
 on relinquishing their right to additional pay, continue to receive 
 the same amount as good-conduct pay, provided^ their names shall 
 not have been entered in the regimental defaulter's book for at 
 least/owr years immediately preceding the exchange. 
 
 24. Soldiers who are already in the receipt of additional pay of 
 Id. a-day for length of service, may, on relinquishing their right to 
 additional pay, continue to receive the same amount as good-con- 
 duct pay, provided their names shall not have been entered in the 
 regimental defaulter's book for at least two years immediately pre- 
 ceding the exchange. 
 
 25. Soldiers not yet in the receipt of additional pay for length of 
 service, may, by relinquishing their right to the same, receive good- 
 conduct pay, on completing the respective periods of seven, fourteen, 
 twenty-one, and twenty-eight years, provided their names shall not 
 have been entered in the regimental defaulter's hook in the first 
 case, for at least two years; in the second case, for at least four 
 years; in the third case, for at least six years; and, in the fourth 
 case, for at least eight ye-irs, immediately preceding. 
 
 26. In establishing their claims to the good-conduct pay, sol- 
 diers who were present at the battle of Waterloo, shall be allowed 
 to reckon two years in addition to their actual service, and those 
 who were enlisted before the first December, 1S39, shall be allowed 
 to reckon three years for two of actual service, after the a^e of 
 eighteen, in the East and West Indies, (in other than West India 
 regiments,) but in claiming their discharge under the eleventh 
 article actual service only will be reckoned.
 
 GOOD-CONDUCT WARRANT 1839. 201 
 
 27. Soldiers enlisted before the first September, 1836, shall be 
 entitled to distinguishing marks, whether they accept or not the 
 option of relinquishing additional pay for good-conduct pay, and 
 they shall be entitled to the same addition to their pension for the 
 number of distinguishing marks they may severally possess at the 
 period of their discharge, as is allowed to men in receipt of good- 
 conduct pay. 
 
 Given at our court at Buckingham Palace, this ninth day of 
 May, 1839, in the second year of our reign. By her majes- 
 ty's command, 
 
 HOWICK. 
 
 The words in italics in the 13th, \6th, and 26th articles are not 
 in the good-conduct warrant of May, 1837. 
 
 The administration of this warrant, especially its penal enact- 
 ments, depends much upon the discretion of the commanding officer 
 of a corps, who is the primary arbiter and judge in regard to the 
 delinquencies of the men under his command. It may be antici- 
 pated that it will be very differently administered by different 
 individuals. Some commanding officers may rarely deem it 
 expedient to subject men " to any punishment beyond simple 
 admonition," while others will think that they are under "the 
 necessity of recording a soldier's name in the regimental default- 
 er's book" for very trivial faults. Where offences are not classed, 
 and the requisite punishments more or less defined, there is no 
 absolute security against very different notions being entertained of 
 the conduct of soldiers, and widely different punishments inflicted 
 for similar breaches of discipline. 
 
 The defaulter's book is intended to contain the names of such 
 men as are guilty of offences and irregularities, on account of which 
 they are reported to the commanding officer, and for which it may 
 not be deemed necessary to order a court-martial. The insertion 
 of a name in the defaulter's book may, in its consequences, be a 
 very heavy penalty, being taken as evidence of the fact which it 
 professes to record. The proof, therefore, of the guilt of a soldier 
 does not rest on oath ; it is simply an entry made according to the 
 decision, and by the direction, of a commanding officer. (Articles 
 of War, 1830, art. 51.) In this case, therefore, a considerable 
 deviation is made from the usual rules of evidence. 
 
 I hail with much pleasure any attempt to improve the condition, 
 and to promote the good conduct of soldiers, and I sincerely wish 
 the good-conduct warrant may be ultimately beneficial in repressing 
 irregularities. Much still requires to be done in furtherance of the 
 leading object of the warrant. Should the army become more 
 popular, by bettering the situation, and stimulating the hopes of 
 soldiers, perhaps a somewhat superior class of recruits may volun- 
 teer for the service. Young men who have, under the direction of 
 their parents, received some elementary instruction, are likely to be 
 better conducted than soldiers whose parents have given them no
 
 202 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 early tuition ; for it may in general he inferred, that those persons 
 who are best instructed in reading and writing are best instructed 
 in morals. The ultimate object of education, is to make men better 
 and more useful members of society. I am also in hopes that 
 increased attention may be paid to the tuition of soldiers in the 
 regimental schools. An important step has already been made on 
 this subject by Lord Howick, as in the army estimates for 1839- 
 1840, a charge for the first time appears, of 2000 to be expended 
 in the purchase of books, for the purpose of forming libraries in 
 barracks at home and abroad. In civil life there is a great lack of 
 instruction, probably arising in part from a want of leisure to attend 
 school, and a \vant of means to pay for education; but these 
 obstructions to the attainment of information do not exist to an 
 equal degree in the army. Education, more especially a moral and 
 religious education, is eminently calculated to make men respect- 
 able ; it inculcates sound principles, and, by instructing them in 
 regard to their position in society, contributes greatly to render 
 them obedient to the laws. Notwithstanding the indiscriminate 
 admission of recruits into tin; army, in as far as instruction and 
 moral character are concerned, every regiment contains many 
 excellent and deserving individuals men who would have distin- 
 guished themselves if they had received a moderate degree of 
 education in the youthful period of life, and had been placed in 
 situations where their talents might have been properly exercised 
 and cultivated. The manual labour class of society are endowed 
 with similar capabilities of education with the class above them, 
 with the like faculties for the acquisition of knowledge and moral 
 elevation. The late zealous and experienced Dr. Jackson said, 
 "The soldier has no liberty to exercise his mind ; and as no man 
 can be great, or even good, without exercise of mind, it is worthy 
 of the consideration of the wise to determine how much intellectual 
 liberty may be permitted to the soldier, without danger to the 
 sovereign authority." 
 
 Whether some system of rewards to the good and well-behaved 
 soldier may not improve the moral character of the army, so as to 
 render corporal punishment unnecessary, or still less so than at 
 present, is a difficult problem to solve, and one which does not 
 belong to my subject. His majesty's commissioners for inquiring 
 into the system of military punishments in the army, state I hat, 
 during their investigation, they found ample evidence of the earnest 
 desire, and the most strenuous efforts upon the part of the officers 
 of all ranks, so to conduct the discipline of the army, as to render 
 corporal punishment as rare as possible; and the following statis- 
 tical facts bear evidence of the gradual reduction of that description 
 of punishment of late years. 
 
 For a period of thirty-two years, or from 1797 to 1828, inclusive, 
 the mean monthly ratio of punished men in hospital among the 
 troops in Ireland, was T V man per 1000. Now, if, as we may pre- 
 sume, the mean period during which each punished man remained
 
 GOOD-CONDUCT WARRANT 1839. 
 
 203 
 
 in hospital, was about seven or eight days, we may suppose, that 
 four men per 1000 were punished monthly, or 48 per annum; con- 
 sequently, on an average, one man in 20 was punished annually. 
 The following table exhibits a great diminution of the number of 
 punishments among the troops employed in some foreign com- 
 mands. 
 
 
 
 
 Annual ratio of cor. 
 
 
 
 
 
 :: 
 
 poral punishments per 
 
 Mean 
 
 
 
 Period of 
 
 
 
 000 
 
 p'opor- 
 
 Punished 
 
 Stations. 
 
 Observation. j*r 
 
 First year 
 
 c Last year 
 
 tion of 
 
 in IfcO. 
 
 
 
 o 
 
 of the 
 
 CO 
 
 i: 
 
 of period 
 
 men 
 
 
 
 
 fc 
 
 period. 
 
 i 
 
 (1S36. 
 
 punished. 
 
 
 Windward and > 
 Leeward Com. $ 
 
 1817 to 1836 
 
 20 
 
 72 
 
 38 
 
 6 
 
 I in 26 
 
 1 in 166 
 
 Jamaica 
 
 1817 to 1836 20 
 
 193 
 
 34 
 
 8 
 
 1 in 15 
 
 1 in 125 
 
 Gibraltar 
 
 1818 to 1836 19 
 
 14 
 
 16 
 
 7 
 
 1 in 62 
 
 I in 143 
 
 Malta 
 
 1817 to 183620 
 
 65 
 
 40 
 
 18 
 
 1 in 25 
 
 1 in 55 
 
 Ionian Islands 
 
 1817 to 183620 
 
 56 
 
 37 
 
 8 
 
 1 in 27 
 
 1 in 125 
 
 Bermudas - 
 
 1817 to 183620 
 
 64 
 
 59 
 
 5 
 
 1 in 17 
 
 1 in 200 
 
 Canada 
 
 1817 to 183620 
 
 80 
 
 32 
 
 3 
 
 1 in 31 
 
 1 in 333 
 
 Nova Scotia & > 
 N. Brunswick $ 
 
 1817 to 1836 
 
 20 
 
 65 
 
 31 
 
 12 
 
 1 in 32 
 
 1 in 83 
 
 This table shows that a very remarkable reduction of the ratio 
 of corporal punishments has taken place in all the stations, but in 
 none to such an extent as in Jamaica, the number punished in 
 1S17, being 1 in 5 of the strength, and in 1836., only 1 in 125. 
 
 Statement showing the establishment of the British army, and the 
 number of corporal punishments which were inflicted for a period 
 often years, or from 1825 to 1834. 
 
 
 
 Number of 
 
 Annual ratio 
 
 
 
 
 corporal pun- 
 
 of punish- 
 
 Proportion 
 
 Years. 
 
 Strength. 
 
 ishments in- 
 
 ments per 
 
 of men 
 
 
 
 flicted. 
 
 1000. 
 
 punished. 
 
 1825 
 
 98,948 
 
 1737 
 
 17 
 
 1 in 59 
 
 1826 
 
 111,058 
 
 2242 
 
 20 
 
 1 in 50 
 
 1827 
 
 111,107 
 
 2291 
 
 20 
 
 1 in 50 
 
 1828 
 
 110.918 
 
 2143 
 
 19 
 
 1 in 52 
 
 1829 
 
 103,749 
 
 1748 
 
 17 
 
 L in 59 
 
 1830 
 
 103,374 
 
 1754 
 
 17 
 
 1 in 59 
 
 1831 
 
 103,413 
 
 1489 
 
 14 
 
 lin 71 
 
 1832 
 
 103,572 
 
 1283 
 
 12 
 
 1 in 83 
 
 1833 
 
 103,527 
 
 1007 
 
 9 
 
 1 in 111 
 
 1834 
 
 103,063 
 
 963 
 
 9 
 
 1 in 111 
 
 From this statement it appears that the number of corporal 
 punishments was reduced on an average from about 20 per 1000 ; 
 to 10 or one-half during the above period often years.
 
 203 
 
 NOTES AND ILLUSTRATIONS. 
 
 NOTE I. see page 147. 
 Diet table of the pensioners in Chelsea hospital. 
 
 Breakfast at 8 A. M. A pint of cocoa containing three-quarters of 
 an ounce of ground cocoa; three quarters of an ounce of moist 
 sugar; one-third of a gill of milk; sixteen ounces of bread. 
 
 Dinner at 12 noon. A pint of broth ; thirteen ounces of meat from 
 which the broth has been made, with one pound of potatoes. There 
 is a certain quantity of oatmeal put into the broth, amounting to 
 about one pound and a quarter per man monthly. 
 
 Each man has also one pound of cheese, and two ounces of butter 
 weekly, and one and a half pint of porter daily. Salt and mustard 
 are provided ad libitum. 
 
 Once in three weeks each man has roast instead of boiled meat. 
 
 Hotel des Invalides and Chelsea Hospital. 
 
 "The Hotel des Invalides is altogether a fine structure, and well 
 calculated for the purpose of an asylum fora portion of the disabled 
 and wounded men of an army; but I must confess, in going 
 through this building, as well as in some visits I have paid to Chel- 
 sea, I had not that sort of satisfactory feeling which many pe rsons 
 have expressed on the same occasion. To me there appeared a sort 
 of monotony, of inertness, and melancholy, that pervaded both the 
 places and their inhabitants, difficult to describe by words. The 
 same constant, dull routine of mere animal existence, unchequered 
 with any accident that can raise the mind from the torpor of a life 
 of consummate idleness ; it gives a dull and stupified air to the in- 
 mates, which I suspect is never thrown off, except under the stim- 
 ulus of wine or beer ; a man has nothing to do in the world, but 
 recollect the number of his mess, and look after his eating and drink- 
 ing utensils. I went several times into the library of les invalides,
 
 NOTES AND ILLUSTRATIONS. 205 
 
 in search of rare military books, and never saw above two or three 
 of the pensioners there at a time. It would appear that even read- 
 ing to those who were capable was too great an exertion ; and the 
 summuni bonum of life seemed to consist in basking on a bench in 
 the stin, and turning over the gravel with the point of a stick. 
 
 "I have often thought, that, had I been placed in similar circum- 
 stances, and had merited pension, how much more I should have 
 preferred having my shilling a day to do what I liked with, and go 
 where I pleased, to be locked up in a palace, and regularly fed and 
 put to bed, like an animal in a menagerie, in place of repeating a 
 twenty times told tale to the same circle of acquaintance, or listening 
 to theirs, to wander about in search of relations, or long lost friends 
 settled in trade or business, and to their attentive ears give the his- 
 tory of a chequered life, and fight battles o'er again. 
 
 " I have no intention to depreciate the establishments of the Inva- 
 lids or Chelsea, as national charities, but merely to say that they are 
 somewhat overrated. 
 
 " Neither of them is capable, in time of war, of receiving one 
 fourth or one fifth of those who have claims on them; and I would 
 therefore suggest that these buildings should be devoted to those 
 who have no friends or relations alive." Cogitations of a Vaga- 
 bond, by authority of the king's commission, <$*c. 1833. 
 
 Vaidy, a French surgeon, who has published'an excellent article 
 in the Dictionnaire des Scietices Medicates, on the means of pre- 
 serving the health of soldiers, recommends that the invalids who 
 have n right to be admitted to the Hotel des Invalides should be 
 awarded a pension equal to four fifths or three fourths of the ave- 
 rage expense of the establishment. Thus, if the mean annual ex- 
 pense be 600 francs, (24,) they might receive 500 or 400 francs, 
 (20, or IG.) by which means, he asserts, that the expense of re- 
 munerating worn-out soldiers would be greatly reduced without 
 diminishing the comforts of veteran pensioners. 
 
 NOTE II. 
 
 Recruiting of the Army and medical examination of Recruits. 
 
 By the ancient form of levying soldiers in England, every person 
 having any office, fee, or annuity, of the king's grant, was person- 
 ally to attend upon him when he went to the field in time of war, 
 and individuals who neglected to do so, forfeited their office, fee, or 
 annuity. The mutual inconveniences attendant on the nature of 
 military services due from those who held feudal tenures of the 
 crown, disposed both parties to consent to frequent commutation of 
 money for service. By this means a revenue was acquired, which 
 was expended in the hire of native born subjects to serve in the 
 army. The king covenanted with influential persons to serve him 
 9 a 14 mar
 
 206 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 with a certain number of followers for a specific sum of money 
 during each enterprise. When Henry V. was about to invade France, 
 he engaged by indenture the attendance of one surgeon, a certain 
 John or Thomas Morstede, having in his company fifteen assistants, 
 three of which were to act as archers. Notwithstanding this pre- 
 caution, there was only one surgeon at the battle of Agincourt, (25th 
 October, 1415,) namely, Morstede himself, for the fifteen assistants 
 he had pressed under a royal warrant, had not joined the army, 
 indeed they had not landed. Surgeons were at that time, and for 
 two hundred years after, liable to impressment, and in early ages 
 they seem to have been under the necessity of making: some of their 
 own instruments ; for in 1416, the king commanded Morstede and 
 Bredewerdyu, his own surgeon, to take (press) as many surgeons 
 and other artisans as were needful to make the instruments required. 
 Until towards the end of the 17th century the supply of medical 
 recruits for the army appears to have been very inadequate for the 
 wants of the service. The barber-surgeons' company was com- 
 manded in 1626, to provide sixteen of the best surgeons for his 
 majesty's army ; and in 1630 the surgeons' company wasernpowered 
 by charter to take (press) as many barbers and surgeons in any part 
 of England as were required for his majesty's fleet. (Medical Al- 
 manack, 1839.) 
 
 In the year 1641, a bill was passed, which, after reciting that, by 
 the laws of the realm, none of his majesty's subjects ought to be im- 
 pressed, or compelled to go out of their own country to serve as sol- 
 diers, except in urgent necessity, or in case of their being bound by 
 tenure of lands to do so, enacted, that, for service in Ireland, it should 
 be lawful from the 1st of December, 1641, to the 1st November, 
 1642, for the justices, &c. to raise as many men by impress for 
 soldiers, gunners, and chintrgeons as might he appointed by his ma- 
 jesty, and both houses of parliament. When the army was about to 
 be disbanded in 1649. an assurance was given by parliament, that 
 "no person who had been engaged in the^late war should be liable 
 to be pressed for the service beyond sea." The old soldiers do not, 
 however, appear to have been exempted from compulsory military 
 service at home. 
 
 There was an act of parliament passed in the third year of the 
 reign of Q,ueen Anne, (1704,) and annually renewed for a long 
 time, appointing all justices of the peace, &c. to raise (press) such 
 able bodied men as have no lawful calling or visible means of live- 
 lihood, to serve as soldiers. The acts against mutiny and desertion 
 having been read to the pressed men, they received 20s. of earnest, 
 and were thenceforth considered soldiers. The practical mode of car- 
 rying this act into operation, may be inferred from some passages in 
 Farquhar's play of the Recruiting Officer, which was acted in 1705.
 
 NOTES AND ILLUSTRATIONS. 207 
 
 Act. II. Scene III. 
 Enter Kite with two recruits drunk. 
 
 Kite. Yon are a kins: you are an emperor, and I am a prince. 
 
 Thomas. No, serjeant, I'll be no emperor. 
 
 Kite.Ko ! 
 
 Thomas. I'll be a justice of peace. 
 
 Kile. A justice of peace man ! 
 
 T/tomas. Ay Wauns, Will, I for since this pressing act they 
 are greater than any emperor under the sun. 
 
 Act V. Scene IV. 
 
 A court of JusticeBalance, Scale and Scruple upon the bench, 
 Constable, Kite, Mob. 
 
 Balance. What are you friend ? 
 
 Mob. A collier I work in the coal-pits. 
 
 Scruple. Look'e gentlemen, this fellow has a trade, and the act 
 of parliament here expresses that we are to impress no man that has 
 any visible means of livelihood. 
 
 Kile. May it please your worship, this man has no visible means 
 of a livelihood, for he works tinder ground. 
 
 Balance. Right. Bring in the rest. 
 
 Constable. There are no more, an't please your honour. 
 
 Balance. There were five two hours a^o. 
 
 Sylvia. 'Tis true sir; but this rogue of a constable let the rest 
 escape for a bribe of eleven shillings a man, because he said the act 
 allowed him but ten, so the odd shilling was clear gain. 
 
 Mr. Bruce, in his work on the Institutions of Military Law, 
 published in 1717, recommends that an army should not be "alto- 
 gether pressed, nor altogether volunteers.' 1 ' 1 "A middle way," he 
 says, " is likest to succeed, viz. neither too forcible on the one hand, 
 nor too frank on the other; for a method ihus wisely tempered be- 
 twixtjfazV and foul means can scarce ever make a government run 
 (he hazard of discontent, far less of mutinies and disorders. In this 
 island we do indeed compel, yet not all promiscuously, but only 
 idle vagabonds, and such as have no employment, or are guilty of 
 smaller crimes. But as to voluntary listing, captains and ofher offi- 
 cers do commonly receive warrants to beat up drums in every city, 
 and thereby all are invited to list themselves under pay, which who- 
 soever doth, he is, after receiving earnest, solemnly attested by a 
 a magistrate, and is thenceforth looked upon as a soldier." Mr. Bruce 
 being an advocate, was no doubt profoundly learned in the law ;
 
 208 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 but he seems to have entertained very queer notions in regard to the 
 rights of individuals. 
 
 Enlisting money, which is, I believe, peculiar to this country, 
 appears to be equivalent to an earnest or early penny a pledge that 
 the parties intend to fulfil the agreement. 
 
 During the last century, various acts of parliament were passed, 
 authorising the justices of peace to press men for the army. In 
 1778, an act was passed for the more easy and better recruiting of 
 his majesty's land forces, which renewed the power of the justices 
 and commissioners of the land tax to do so. No class of individuals 
 were specifically exempted from being pressed, except persons who 
 had a right to vote for a member of parliament, labourers during 
 harvest, and "known Papists." The inhabitants of the different 
 parishes were to receive ten shillings for giving information of any 
 able-bodied man who was in consequence thereby apprehended. By 
 former acts the reward offered was 1. This recruiting act was 
 put in operation by a letter from the war office, bearing date June. 
 1778. 
 
 In 1778. an inspector general of recruiting was appointed, who 
 seems to have had the charge of the recruiting of the regiments on 
 foreign service, his head quarters being at Chatham; and I presume 
 a surgeon was attached to his staff to examine the recruits. The 
 regiments at home were instructed to enlist men to fill up the va- 
 cancies which occurred in corps. 
 
 Dr. Hamilton (Duties of a Regimental Surgeon considered, 
 1782,) is, so far as I know, the first medical author who alludes to 
 the duty of examining recruits. It does not, however, appear that 
 recruits were generally examined by a medical officer before 1790. 
 Mr. Reide, surgeon to the 1st battalion of the 1st, or royal regiment 
 of foot, in his work, (A View of the Diseases of the Anny^ $'C. 
 1793,) complains in his journal, ( West Indies, January, 17 1 JO,) of 
 the unfitness of recruits who had been sent to the regiment to which 
 he then belonged. "I wrote," says he, "to the late Mr. Adair, sur- 
 geon-general, informing him, that, of seventy-four men which ar- 
 rived in December last, fifteen or sixteen were totally incapable of 
 doing duty, on account of lameness, ruptures, contracted joints, 
 consumption, epilepsies, ulcers on the Ings, and other maladies. 
 When I examined these men on their arrival, I inquired whether 
 any surgeon had seen them; they answered in the negative. To 
 the present surgeon-general (John Hunter, .Esq.) I likewise com 
 plained of the circumstance, and since that a stop has been put to 
 the evil." 
 
 Until about the year 1799, every person who enlisted was obliged 
 to swear that he was a Protestant, consequently, a Roman Catholic 
 cqiild not beco.ne a soldier without perjuring himself. Dr. Bel!, 
 Ibfmerly surgeon to the 5th regiment, makes a strong appeal on the 
 subject of religious disabilities: "Shall an infamous vagabond," 
 sa.y& he, "unacquainted with every principle of religion, who has 
 been tried at the Old Bailey, and convicted of various acts of deprcda-
 
 NOTES AND ILLUSTRATIONS- 200 
 
 tion on society, be exempted from the punishment of liis crimes, 
 provided he agreed to serve his majesty as a soldier? and shall a 
 Roman Catholic, however virtuous, however respectable, a subject 
 of Great Britain, be prevented from entering into the service of his 
 country, because he believes in the doctrine of transubstantialion, 
 in proportion to the reverence every sensible Episcopalian enter- 
 tains for that very wise, pious, and charitable, though rather enig- 
 matical compound, the Athanasian Creed!" (Inquiry into the 
 Causes which produce Diseases in the West Indies, by Dr. Bell, 
 Lond. 1791, page 178.) 
 
 By a warrant which was issued from the war office, bearing date 
 27th October, 1790, the commanding officers of regiments serving 
 abroad, who took upon themselves the approbation of recruits for 
 their own corps, were directed to "require, and receive sufficient 
 chirurgical testimony respecting the same." And by the regula- 
 tions for conducting the recruiting service, issued in 1796, a hos- 
 pital mate was placed under the orders of each field officer of a re- 
 cruiiing district, to examine the recruits when brought for inspec- 
 tion. In 1799, an order was issued directing that the chirurgical 
 testimony of the fitness of a recruit should be certified on the back 
 of each altesfalion. I do not know when a form of attestation, 
 which contained a certificate of fitness for the signature of a medical 
 officer was introduced, nor have I been able to ascertain at what 
 date a medical examination became usual, or in some measure in- 
 dispensable. In 1805, the commanding officer of a regiment was 
 tried by a court-martial for approving of a recruit who had been re- 
 jected by the surgeon of the corps, but he was acquitted. The ap- 
 proval of a recruit by a medical officer relieves a commanding officer 
 of great responsibility; and on that account he should, and no doubt 
 will, be very cautious in enlisting a man who has not been found fit 
 for the service by competent medical authority. For a long time 
 past, I believe no recruit has been admitted into the army without 
 undergoing a medical examination; but an approval by a medical 
 officer of the corps to which a man belongs, although usual, does 
 not appear to be indispensable. 
 
 A new class of medical officers was appointed in 1802, namely, 
 district surgeons, who were employed in Great Britain and Ireland 
 in the recruiting districts to examine recruits. They were usually 
 selected from old regimental or staff-surgeons or apothecaries, 
 but sometimes vacancies were filled up from the rank of assistant 
 surgeons. Their pay was ten shillings a day without allowances. 
 Twenty-six district surgeons were employed in Ib08. In conse- 
 quence of the recommendation of a board of officers assembled in 
 1809, to take into consideration the state of the medical department, 
 an order was issued from the Horse Guards, February, 1810, direct- 
 ing that the employment of staff-surgeons should supersede that of 
 district surgeons in the duties of recruiting districts; but this 
 regulation was not to take effect, except as vacancies occurred. 
 A staff-surgeon was not appointed to the Dublin district until 1816.
 
 210 MARSHALL ON THE ENLISTING, ETC. OF SOLDIERS. 
 
 Dr. Hennen, who published the second edition of his work on 
 Military Surgery in 1820, states that the regulations for the instruc- 
 tion of medical officers connected with the recruiting department, 
 contained litile or nothing to guide them in dubious cases, and that 
 consequently much was left to their own discretion ; hence, he adds, 
 very striking differences of opinion take place between the examin- 
 ing officers as to the fitness of recruits for service, and as the ex- 
 penses incurred for recruits who are ultimately found fit for the 
 army, fall upon the first medical examiner, he often finds that he is 
 a considerable pecuniary sufferer, by his carelessness, his ignorance. 
 or his good nature. 
 
 In 1824, a new code of regulations to medical officers, in regard 
 to the inspection of recruits, was promulgated by the medical de- 
 partment, and on the 30th July. 1830. the existing instructions were 
 issued.
 
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