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des Etrangers, set apart, in the French service, for such men, as an inducement to them to return to it.
At the battle of Vittoria he was again taken .prisoner by the English, and a gen. ct.-mar. was ordered to try him for desertion. The first sentence acquitted him of the act of desertion, there being the powerful inducement to the act, with the view of saving his life; but the sentence was revised, and it is stated, that on revision, he was sentenced to suffer death, and was afterwards shot, in the presence of that division of the army to which he belonged.
I also understand that it was intimated to the above court, that the excuse pleaded by the prisoner was inadmissible; as he should have preferred death rather than have entered the service of the enemy.
Section 13 (1).-RANK.-BREVETS. Art. 1.] Officers having brevets or commissions of a prior date to those of the regt. in which they are serving, may take place in cts.-mar. and on detachments, when composed of different corps, according to the rank given them in their brevets or dates of their former coinmissions ; but in the regt., troop, or company to which such brevet officers, and those who have commissions of a prior date, do belong, they shall do duty and take rank, both on cts.-mar. and on detachmts., which shall be composed only of their own corps, according to the commissions by which they are mustered in the said corps.
1. Explanation.] Where officers of different regts. are members of a genl. ct.-mar., or on any other general duty, they are directed to take rank according to the dates of their respective commissions, i.e. their last commissions, or that of the rank they they then hold in the army.
If the commissions of A. and B. be of the same date, reference must be had to their next former commissions, and, if they be of the same date, reference must be made to all those of a former rank, even down to that of ensign, till there is a commission found, bearing a prior date to the other of the same rank. In the case of two company's officers, if it should so happen that both commissions, as ensigns, were of the same date, reference must then be had to the seniority of the cadetships, or the priority of the order in which they were published in the Govt. G. O. on assigning them rank, in the service, according to the list or order of rank, transmitted by the Court of Directors to the govt. of the estabt. to which they belong. Were such a case to occur between officers of the different presidencies--the ensigns' commissions being
of (1) Sec. xv, art. 1, Ann. Arts, of War.
of the same date, then,--as a reference cannot be made to the above lists—the officers of the Bengal would take rank of the Madras, and the Madras of the Bombay establishment (2).
With regard to the relative rank between H. M.'s and the Hon. E. I. Co.'s officers, the 2d art. sec. xxii. of the Ann. Arts. of War, for 1824, will explain in what manner it is regulated. The article in question declares that, “Whenever any of our forces shall be employed in the East-Indies, the officers of our forces so employed are, upon all detachments, at cts.-mar., and upon any other duty, wherein they may be joined with officers in the service of the U. Co. of merchants trading to the E. I., to command and take precedence of officers of equal rank in the service of the said U. Co. not holding also a commission from Us, although the commissions of the said U. Co.'s officers should be of elder date.”
As all the Co.'s officers on the three estabmts., have a King's commission (3), by which act they become, while in the E. I., King's as well as Co.'s, officers—a reference to the commissions of the officers of the two services would be made in the manner above described :
but, (2) G.O. C. C. 6th Jan. 1823.-"Doubts having arisen with respect to the rela. tive rank of second lieuts, of artil. with cornets of cavalry and ensigns of engineers and infantry, the Com. in chief is pleased to signify for the information of the army, that the Most Noble the G. G. in C. has determined, that the junior officers of each branch of the service, abore enumerated, shall, as heretofore, be deemed of equal rank, and precedence be allowed to priority of commission alone."
(3) George R. -"Whereas we were pleased by our warrant, bearing date the 28th March 1788, to direct that the officers in the service of the United Co. of Merchants, trading to the East-Indies, should be admitted to a participation of rank in our army serving in India, we do hereby give you full power and authority, to grant brevet commissions in our service, to all the said Co.'s officers, now serving abroad, conferring upon them the same rank in the army, in our E. I. only, as they now enjoy in the Co.'s service; the commissions to bear the respective dates of their present commissions in the service of the said Co. (4): and we do further give you full power and authority, to continue from time to time, to grant like commissions, giving similar rank in our army, in the E. I. only, to all such officers as shall be hereafter appointed or promoted, in the Co.'s service."
“ And all such officers to whom you shall grant commissions, in the manner herein directed, are to be acknowledged, and to command in their respective stations, as if they had received commissions from us.”
“Given at our Court at St. James's, this 9th day of June, 1810, in the 50th year of our reign."
“ By H. M.'s command: (Signed) LIVERPOOL.” “ To our trusty and well-beloved G. Hewitt, Esq., Lieut.gen. of our Forces,
&c. &c. &c.” And in order to prevent misconception, in cases where such commissions had not been issued, it was declared in G. O. C. C. 15th Jan. 1811, that all officers of the Co.'s army, be considered entitled to, and possessing all the rights they would have enjoyed under commissions granting local rank in the King's army in India, corre. sponding with the several commissions they have obtained in their own, the same as if they had been issued."-(Henley's Bengal Mil. Regs., p. 118.) ->(4) The commissions so granted, containing the following proviso : “ It is to have force and effect no longer that you shall remain in the said Co.'s service, unless you shall be transferred with similar rank into the immediate service of H. M."
but, if it became necessary to refer back to the ensign's commissions, the King's officer would take rank of and command the Co.'s officer were such commission of the same date (5).
With respect to regtl. duties, officers are directed to take rank according to the commissions by which they are mustered in the said corps. The latter words mean, that, not only shall the officers described as brevet King's officers not command by virtue of the same in the duties, &c. of their own regt., but that, if for instance, A. held a commission as lieut. of prior date to that of B., in virtue of which he was removed to a new regt., and that B., having been longer in the service, should afterwards obtain the brevet rank of captain before A., still A. would command B. on regtl. duties.
The local officers in the Co.'s service, such as those belonging only to the irregular corps, not having a King's commission, as the officers of the Co.'s regular service, are consequently not within the intention and meaning of 2d art, of the 22d of the Ann. Arts. of War.
but that, B., in ving been haptain
Section 14.-ADMINISTRATION OF Justice.
Number of Officers to sit on General Courts-martial within the Company's
Territories. Art. 1.] (1) A gen. ct.-mar. in the territories under the presidency of Ft. William, Ft. St. George, and Bombay respectively, shall not consist of less than nine com, officers; but if held for the trial of a commisd. officer, shall not consistof less than thirteen commisd. officers ; and the president of such ct.-mar. shall not be the officer com. in chief, or gov. of the garrison where the offender shall be tried, nor under the degree of a field officer.
1. Explanation.] The number of officers required by this art. is conformable to that directed by the 1st clause of sec. xix, of M.. A., and is word for word a copy of sec. xxi. of the M. A. By sec. xxix M. A. upon which art. 1, sec. xix, of these Arts. of War is founded; King's and Co.'s officers may sit in conjunction on cts.-mar,. “ as often as there may be occasion," &c.—See art. 1, sec. xix ; and see also the concluding part of Note 18, Chap. I, p. 6, relative to officers of the three presidencies sitting in conjunction at a ct.-mar. upon the trial of any officer, non-com. officer, or soldier belonging to another presidency,
when (5) G.O.C. C. 15th Feb. 1811. " And that no distinction of rank whatever is to be made, in that respect, between the King's and Co.'s officers of corresponding rank, except what must necessarily arise from the dates of their respective commissions."
(1) Sec. xvi, art. 1. Ann, Arts. of War.
when forming part of the same force, &c. As to the rank of the officer who
may convene a gen. ct.-mar., see Notes 14 and 15, Chap. I, p. 6. For the rank of the officer usually appointed president of a gen. ct.mar., see No. 41, Chap. I, p. 45, and note 181. It is to be remarked, that the words “ officer comg. in chief, or gov., &c." mean the comg. officer of the troops, &c. then present in the executive command. For the rank of the officers usually appointed members of a gen. ct.-mar., see No. 42, Chap. I, p. 46, and notes 183 to 187, both inclusive.
2. As to Native General Courts-martial.] With respect to native gen, cts.-mar., see No. 43, Chap. I, p. 48, and notes 188, 189, and 190.
For the number of officers to be members of a gen. ct.-mar. held in any place out of the Co.'s territories, &c. see the next art.
General Court-martial in Sumatra, Prince of Wales' Island, &c.
ART. 2.] A gen. ct.-mar. held in any place out of our dominions, or of the territories under the govt. of the said Co., may consist of any number of commisd. officers not less than seven ; except on Sumatra, or at Prince of Wales' Island, or at Singapore, where a gen. ct.-mar. may consist of any number of commisd. officers not less than five; unless
any ct.-mar. shall be holden under and by virtue of sec. xx. of the act of the 4th Geo. IV, cap. 81, authorizing genls. or other officers comg. stations or detachmts., in any place out of our dominions, or of the possessions or territories under the govt. of the said Co., or of the territories of those states in alliance with the said Co., in which the said Co.'s forces are permanently stationed, to summon, and cause to assemble ets.-mar. in certain cases, in which cases such cts.-mar. may consist of not less than three officers at the least; and the president shall not be under the degree of a field officer, unless where a field officer cannot be had; nor shall in any case whatever, be the officer comg. in chief, or gov. of the garrison where the offender shall be tried, nor under the degree of a capt.-(See also sec. xvi, art. 2, Ann. Arts. of War.)
1. Explanation.] As to the rank of the officers who may convene å gen. ct.-mar., see notes 14 and 15, Chap. 1, p. 6. The first part of this art. is founded upon the 2d clause of sec. xix. of the M. A,, and by sec. xx, M. A., it is further enacted, s that it shall be lawful for any genl. or other officer comg. any station, or comg. any detachment, brigade, division, or distinct party, belonging to any army of the said Co., which may at any time be serving in any place, out of H. M.'s dominions, or of the possessions or territories which are or may be under the govt. of the said Co., or of the territories of those states in alliance with the said Co., in which the said Co.'s forces are permanentty stationed, upon complaint made to him of any crime or crimes, offence or offences, done or committed, against the property or person of any inhabitant of or resident in any such place (2), by any non-com.
(2) See sce. ix, Arts. of War, p. 219.
officer, or soldier, or other person, serving with or belonging to the Co.'s army, being under the immediate command of any such gen. or other officer, to summon and cause to assemble gen. cts.-mar., which shall consist of not less than three officers, at the least, for the purpose of trying any such person or persons accused or suspected of having committed any such crime or crimes, or offence or offences as aforesaid, notwithstanding such gen. or other officer shall not have received any warrant or warrants, empowering such gen. or other officers to summon or assemble cts.-mar. ; and every such cto-mar. shall have power to try any such person or persons so accused or suspected as aforesaid, and to adjudge any such person or persons to suffer any such punishments as shall be prescribed for any crime or crimes, offence or offences, with which any such person or persons shall be charged before such cts.-mar. : provided always, that no sentence of any such ct.-mar. shall be executed, until the gen. comg. in chief the army in the field, of which the division, brigade, detachment, or party, to which any person so tried, convicted, and adjudged to suffer punishment, shall belong, shall have approved and confirmed the same :” The words marked in italics in the above sec. of the M. A., point out those words which are omitted in the art. in question, and shew what are the “ certain cases" under which three officers may compose a gen. ct.-mar.—(See note 181, Chap. I, p. 45, as to the president not being the officer comg. in chief, or gov., &c.
2. As to Native General Courts-martial.] By regn. 2, 1809, of the Bengal govt., passed 24th Feb. 1809, it is declared that, “ with a view to uniformity in the law martial of the govt. of the native troops, the following rules are enacted by the G. G. in C.”
II.“ Whenever a detachment of the Bengal native troops may be on foreign service, or at Prince of Wales' island, Fort Malacca, or any other part of the British possessions beyond sea, the Com. in chief of the forces in Bengal shall have power to issue his warrant to the officer comg. in chief where such detachment is stationed or serving, authorizing him to convene native gen. cts.-mar. as occasion may require. The Com. in chief may also delegate by his warrant to such comg. officer, either absolutely or under such restriction as he shall think fit, the power of confirming or directing the revision of the sentence of cts.-mar."
III. “A native gen. ct.-mar. shall not consist of fewer than nine native commissd. officers, subadars, or jemadars, unless such ct.-mar. be holden by virtue of a warrant from the Com. in chief, in the situations and under the circumstances mentioned in the preceding section. In cases of gen. cts.-marl. so holden, where the number of nine officers cannot, in the judgment of the officer comg. the same, be conveniently assembled, any number of native commissd. officers, subadars, or jemadars, not less than five, shall be competent to form such gen. cts.-mar. for the trial of native officers or soldiers belonging to such detachments. But no sentence of death shall be passed by such cts.-mar., unless two