establishment of cattle for the purpose of bringing in their supplies, from the different villages in the country surrounding the station, &c., they are allowed to increase the price at which they buy, by a reasonable and moderate addition. In considering, therefore, the market, or bazar price, it is fair and reasonable to expect, that it should be the same in all regts, as in the station bazar, and in the latter, as in the bazar of the town or village, where the troops are stationed, and from which the townspeople, &c. supply themselves; since distant and open markets are free to all, and the same profit should be considered a fair remuneration, equally in all the above cases. If, therefore, articles are sold in the bazar of one regt. dearer than in another, or dearer than in the station bazar, or in the latter dearer than in the bazar of the town, &c., some extraordinary profit must be received, or the same cheap method in procuring the supplies, by going to a distance, &c., has not been adopted: for it is not sufficient that the actual profit made be not unreasonable, it is requisite, that the supplies be sold at the same rate as in other bazars at the same place (3). Both officers and men are enjoined to deal with the bazar people of their own regts. at all times (4), to give every encouragement to them in all situations, in return for which, they should sell at the same price as others at the same station, and then there will not be any inducement to go elsewhere; the complaint of such being the case will naturally lead to an inquiry where the fault lies-by a comparison of the prices at which articles are sold in the bazar of the regt. in question, with those of others at the same station. There is perhaps no one thing of such high importance to the interests of the service, as the cheap supply of good and wholesome provisions (5) at the market price; for as the native troops pay for their own provisions, they are naturally very solicitous on this subject, more than on any other. Any neglect in the above matters would be tried under art. 2, sec. xxi. Penalty of exacting in the letting out of Stalls to Suttlers, or laying a Duty on, or being interested in the Goods sold by them. ART. 2. (6)No govrs. or officers, comg. in any of the garrisons, forts, or barracks, shall either themselves exact exorbitant prices for houses or stalls (3) Comg. officers should have a weekly nerik,h of the prices of provisions, from the judge and magistrate of the place. This would be a check on the chowdrees of regts., and knowing this check, there would seldom or never be any complaints made against them. The buneeahs will, sometimes, not take the trouble to go to distant villages for supplies, but will content themselves with buying them, from those bringing them into the town, &c.; and, therefore, to make their usual profit, are obliged to sell at a dearer rate. (4) Henley's Bengal Mil. Regs., p. 623. (5) Old grain is purchaseable at a cheaper rate than new, and the buneeahs will, sometimes, not take the trouble of going to a distance for the best. (6) 4th Ann. Arts, of War. stalls let out to suttlers, or shall connive at the like exactions in others; nor by their own authority, and for their private advantage, shall they lay any duty or imposition upon, or be interested in, the sale of any victuals, liquors, or other necessaries of life, or merchandizes brought into the garrison, fort, or barracks under their command, for the use of the soldiers, on pain (upon conviction thereof by a gen. ct.mar.) of being dismissed the service, and of suffering besides such penalty as they may be liable to by law. 1. Exacting exorbitant Prices for Houses or Stalls let out to Suttlers. or conniving at, &c.] The exacting exorbitant prices for houses or stalls let out to suttlers, or conniving at such exactions in others, would be the means of increasing the price of the articles sold by such suttlers, and as the same effect would be produced in either case, it matters not whether the exaction be made directly or indirectly. In the one case, the party must gain a pecuniary or other valuable consideration from the party from whom he exacts; in the other case, he must be presumed to gain a similar consideration from the party whose exactions he connives at, and thus, in both cases, occasion an increase in the price of the articles sold.-(See below G. O. G. G. in C. 15th Jan. 1811, prohibiting such exactions.) 2. Lay no Duty, &c. or be interested in the Sale of Victuals, Liquors, Necessaries of Life or Merchandize for the use of the Soldiers.] The following G. O. of the Bengal govt. having in view the prevention of the abuses contemplated by this branch of the art. in question, are inserted in this place. "No tax, duty, or dustoree whatever, is to be levied under any pretence, in station bazars, or the bazars of corps, on articles for their supply, or on the persons attached to them, or in any manner whatever; and, with a view to secure the most rigid observance of this regn., the Gov.gen. in Council, deems it proper to announce the resolution of govt., to suspend from the service, any officer who shall be convicted of an infraction of it, by a competent tribunal. This prohibition, however, does not regard the town duties or customs levied on account of govt., by the collectors of revenue and customs, in bazars situated within the limits in which such customs and duties are to be collected, conformably to the regs. of govt., which are in no way affected by this order" (7). This order has been highly approved of by the Hon. Ct. of Directors, who, in their genl. letter upon this subject to the Bengal govt., observe, "You will not fail immediately to bring the offending officer to a ct.-mar., and, in the event of an adequate punishment not being awarded by the court, you will suspend such officer from our service, and send him home to England, by the first opportunity" (8). The Com. in chief also issued the following order, consequent to that issued by govt. "The Com, in chief enjoins the most implicit obedience to the directions of govt. (7) G. O. G. G. in C., 15th Jan., 1811.—(Henley, p. 629.) (8) G. L. C. D., 3d Sept., 1813.-para. 38. govt. contained in the G. O., under date the 15th Jan. 1811; and H.E. feels it to be his duty to certify to the army, in the most explicit terms, that officers who shall, under any pretence, levy any tax or duties of any description whatever, in the bazars subject to their controul, and for which they cannot produce an express regn., or authority from govt., will subject themselves not only to the consequences of such conduct as a mil. offence, but to such further legal proceedings as govt. may think fit to institute against them" (9). The punishment is dismissal from the service, and suffering such penalty as they may be liable to by law. Therefore in case a gen. ct.-mar. dismissed the officer, he would still be liable to a prosecution in the supreme court, by which he would not only be made to refund the money so exacted, but be subject to any penalty authorized by law. 3. Charges.] See forms Nos. 39 and 40, Chap. I. That A. B. being the govr., &c. of - —, did on exact an exorbitant at price from C. D., a licensed suttler attached to regt., &c., for the house or stall let out to the said C. D., in the bazar of the said regt., &c. (or did connive at an exorbitant exaction, for the same, being made by E. F.) Or, that A. B. did, for his own private advantage, lay a duty or imposition amounting to the sum of. upon the sale of victuals, liquors, or other necessaries of life, or merchandize (describe them) brought into the garrison, &c. under his command for the use of the troops (or was interested in the sale thereof—and state how). The same being in breach of the Arts. of War. 4 Evidence.] Nos. 1 and 2, as at Chap. III. sec. ii, art. 1. 3. Prove A.B. to be the govr., &c. (if demanded). Prove C. D. to be a licensed suttler. 4. Prove the exaction and amount thereof, and the fixed or usual rate. (Or that A. B. connived at E. F. exacting the same from C. D.) Or, prove that A. B. did lay a duty or imposition-and the amt. thereof, for his own private advantage, on victuals, &c., brought into the garrison, &c. for the use of the troops (or having been interested in the sale thereof, and in what way). 1. Witness to prove to the exacting, &c., or laying any duty, &c. The interest or advantage is presumeable from the proof of the above fact. 5. Punishment.] Dismissed the service by the art., and suffering besides such penalty liable to by law-[by prosecution in supreme court. See conclusion to No. 2, above]. See case 1-Exacting money for allowing a licensed suttler to sell spirituous liquors. See case 2-Levying duties for the passage of merchandize at a g,haut near a fort. There is a positive order against the practice (10), and therefore it is inserted in this place. CASE 1.] G. O. H. G. 30th Jan. 1813. At a gen, ct. mar., Lieut. col. H. G. W., of the 8th L. D., was arraigned upon the undermentioned charge, viz. (9) G. O. C. C., 13th Feb., 1811.-(Henley, p. 629.) "For "For scandalous and infamous behaviour, such as is unbecoming the character of an officer and a gentleman, and in direct breach of art. 4, sec. viii. (11) of H. M.'s Arts. of War, in having exacted and received from D. C., licensed suttler in the cantonments of Cawnpore, or from persons acting in trust for him, two bribes of 100 Rs. each, which were paid to him some time in Jan., Feb., or March last (1811), or thereabouts, in consideration of his (Lieut.col. W.'s) having allowed the said D. C., or persons acting in trust for him, to sell spirituous liquors in the lines of the corps under his command." FINDING-Guilty. SENTENCE-To be cashiered (12). By command: (Signed) H. CALVERT, Adj.gen. CASE 2.] G. O. C. C. 9th Feb. 1816. At a gen. ct.-mar., Capt. H., engineers, was arraigned on the following charges: 1st. "For neglect of duty, when stationed at the Ft. of Calpec, in suffering certain unauthorized sums of money to be collected, for the passage of merchandize (13) and goods, at the g,hauts near the fort of Culpee, by Nunnoo, Mud,haree, and Peerbuksh, the said Nunnoo and Mud,haree then receiving public pay from Capt. H., and being distinguished by badges as public servants, and the said Peerbuksh being then in his private service, from on or about the 20th of April, 1813, during the months following, until Feb. 1814. 3d. "For unofficer-like conduct and disobedience of orders, in employing, as hurkaras on the public establishment, private servants of his own, and distinguishing them with badges as public servants. 4th. "For disobedience of orders, and conduct unworthy of an officer and a gentleman, in having unwarrantably exacted duties on the passage of the merchandize and goods as above stated, for his own personal benefit, he being then stationed in command at the fort of Calpee." FINDING-Guilty of the 1st charge, for the periods comprized between the 26th April, 1813, and 4th Nov. 1813, or thereabouts, but acquit him of the remaining period set forth in the charge; Not Guilty of the 2d; Guilty of the 3d; and Guilty of the 4th, for the time admitted in the finding of the 1st charge. SENTENCE-To be suspended from rank and pay for six calendar months. REVISED SENTENCE-The court, in obedience to the orders of the the Rt. Hon. the Com. in chief, having maturely reconsidered their sentence, adhere to their former opinion. The court, in adhering to their former opinion, beg leave most respectfully to observe, that although they have found Capt. H. guilty of an offence unworthy of an officer and a gentleman, it nevertheless appears (11) It is not necessary to specify the art., and better not to do so. It may occasion cavilling, &c.-(Tytler, p. 216.) (12) Dismissed by the art. (13) Sce note 10. appears to them, that offences may be so in a greater or less degree, and they have on this occasion visited that degree of it committed by Capt. H. with a commensurate punishment, according to the best of their judgment, founded on the evidence brought before them. REMARKS by the Coin. in chief.-The main object in the public prosecution of an offence, being the warning which the sentence passed upon it shall hold forth to others, it is of the utmost importance, that a culpable procedure should not be inaccurately rated by the recorded decision of a tribunal. The Com. in chief, perfectly comprehends the considerations which have actuated the court in the present instance, might have been influenced by them in the event of a fit sentence, and does allow them weight in his present determination; his Lordship, however, thinks that the court have not made their discrimination correctly. In finding the fact of which the 4th charge accused the prisoner, it was competent to the court to declare, that, although there was a transgression of orders proved, it was not justly described as conduct unworthy of an officer and a gentleman, on the supposition that the court had been satisfied such was a proper construction of the case; and the revision of the sentence was directed with a special indication of the effect of these words. When the court continues to find the prisoner guilty of" conduct unworthy of an officer and a gentleman," the Com. in chief cannot admit a reference to shades in such a definition; but must think it ought to have been a natural consequence in the contemplation of the court, that an individual, against whom such a verdict was given, could be no longer adapted to the service. In this view, the Com. in chief is bound to disapprove the sentence, and does so accordingly. Penalty of conniving at others selling Provisions at exorbitant Rates. ART. 3.] (14) And if any gov. or officer comg. in any of the gar risons, forts, or barracks, shall connive at any other officer or person selling such victuals, liquors, or other necessaries of life, or merchandizes, to the soldiers under his command, at exorbitant rates, he shall, on conviction thereof by a gen. ct.-mar., bẹ cashiered, and shall besides suffer such penalty as he may be liable to by law. 1. Conniving at the Sale of Victuals, Liquors, or other Necessaries of Life, or Merchandizes, at exorbitant Rates to Soldiers.] It matters not whether, in the sale of the above articles at exorbitant rates, the comg. officer derives an immediate profit himself, or allows, as in case 1, suttlers or others to do so; as, in either case, the soldiers are the sufferers: but by a connivance at the prohibited act, the soldiers may more extensively suffer, as such connivance may be general, and be the means of continuing an oppressive act, without the same facility of the abuse being detected. The imposition of a duty, by which the price of articles is raised, is more open to detection, and becomes very (14) Art. 5, Ann. Arts. of War. soon |