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the commencement of the month of April, or of the first convoy proceeding to the eastward. General orders by government. Fort St. GeoRGE. February 16– The honourable the governor in council has the greatest satisfaction in publishing in general orders the following extracts of letters, received from the hon, lieutenant-colonel St. Leger, announcing the decisive and distinguished success which attended the storm of the lines of Travancore, by the troops under the command of that officer. Extract of a letter from the honourable lieutenant - colonel St. Leger to the chief secretary of the government, dated the 10th of February, 1809. I had the honour this morning to convey to you, by express, a small note in pencil for the information of the honourable the governor in council, by which you were made acquainted with - the satisfactory intelligence of the British flags being flying on every part of the Arambooly lines, as well as the commanding redoubts to the north and south. It is impossible for me to convey, in language sufficiently strong, the obligations I feel under to the personal exertions of major Welsh, commanding the third regiment Native infantry, and the detachment for escalade under his command. The southern redoubt, which presented a complete enfilade of the whole of the main lines as far as the gate, was the object of major Welsh's enterprize, an enterprize which, from the natural strength of the approach, appeared only practicable to the exertions and determined bravery of British troops, led on to glory by major Welsh. It was ascended under cover of the night, and our troops had actually escaladed the wall, ere their approach was suspected, and the ascent was of such difficulty as to require six hours of actual scratmbling to reach the foot of the walls. On consideration of the billiancy
of this achievement, I feel a pleasurable duty in detailing, for the information of the honourable the governor in council, a list of the names of the officers who accompanied the detachment for escalade ; it consisted of two companies, and the piquet of his majesty's 69th regiment,commanded by captain Syms, and the four flank, and five battalion companies from the third regiment Native infantry, under captain Lucas, and it did not require that confirmation which major Welsh has conveyed to me in the most handsome manner,to convince me that, to have accomplished such an object, every man must have done his duty. In the list of gallant fellows, which accompanies this dispatch, I have to lament the fate of poor captain Cunningham, of his majesty's 69th regiment, whose wound I fear is mortal, which deprives his country of a brave and valuable officer. When major Welsh had once effected his security in this commanding position, I dispatched to his assistance, by the same arduous route, a company of his majesty's 69th regiment, and three companies of the 1st battalion 13th regiment, under captain Hodgson, to reinforce and give confidence to his party; as soon at this addition was perceived, a detachment from his party stormed the main lines, and, by dint of persevering bravery, carried them entirely, and the northern redoubt was abandoned by the panic-struck enemy, who fled in all possible confusion in every direction, leaving me in possession of their strongest lines, and I am now encamped two miles interior o the Arambooly gate. * I had ordered the remainder of the detachment to be under arms at midnight, and marched to the most convenient position, either to secure major Welsh's retreat, or furnish him support, and when daylight permitted, major Welsh had the satisfaction to see his friends at hand, ready to support him. It would be injustice in me not to express the active services I received from lieutenant-colonel Macleod, of his majesty's 99th regiment; the
were such as might be expected from an officer of his reputation and experience, in bringing forward his regiment in support of the attack with the most willing zeal. I feel it a duty I owe, from the report of major Welsh, of the pioneers who accompanied him, to express my entire approbation of their conduct, and that of lieutenant Berträtu, who commanded them. In short, I feel highly satisfied with the whole of the officers, and men, who compose the detachment under my command. I am in possession of the arsenal, which appears well stored with arms, ammunition, and military stores, with a quantity of valuable ordnance on the works, which has not as yet been ascertained. I have not been able to ascertain the loss of the enemy, but it must have been considerable.
List of officers composing the detachment for escalade under major 1/elsh. H. M. 69th Regt.—Captain Syms, captain Lindsay, captain Cunningham, lieut. Carev, lieut. Iteid, lieut. Lane, and lieut. Baby. 3d liegt. N. J.-Captain Lucas, capt. Pepper, capt. Carfrae, lieut. Walker, lieut. Tagg, lieut. Dawson, lieut. Goble, lieut. Inverality, lieut. Jeffery, lieut. Rule, lieut. Shepherd, lieut Blake, and lieut. A. Bertrain, pio1] &c. S. Extract of a letter of on the honoural le it is tenant colonel St. Loger to the coof so retary of toe gove, on ext, dated to 11th Fel rotary, it 09. “In the hurry of soy dispatch of vesterday, I omitted to state, for the inscrimation of the honourable the governor in council, the important services J had derived from major Lao ton's ability and well - kilo an professional skill ; an omission I feel, and vie nore, as I am fully sensible of the services he rendered nie.” The governor in council considers the execution of the above scrvice to reflect equal honour on the judg
ment, with which it was planned, and on the signal zeal and bravery with which it was carried into effect.—The governor in council accordingly conveys to the honourable lieutenant-colonel St. Leger, the expression of his warnest approbation and thanks, and colonel St. Leger is requested to make known to the officers and troops under his command, particularly to major Welsh, who gallantly and ably condicted the party employed in theassault, and to the other officers, mentioned by lieutenant-colonel St. Leger, the sentiments of cordial approbation due to their meritorious conduct.
FEBRUARY 26.-The honourable the governor in council has sincere satisfaction in publishing the following extracts of letters, received from the honourable lieutenant-colonel St. Leger reporting the distinguished and decisive successes obtained by the detachment under his orders, in the prosecution of the present operations in Travancore. Ettraci of a letter from the honourable lieutenant-colonel St. Leger to the chief secretary of government, dated Camp the 17th of Felruary, 1809. I have the hotour to inform you, that in consequence of its being well ascertained that a large force of the enemy had taken post at the villages o, Cotor and Nagoe Coil, I yesterday role t.e following arrangements to odge and disperse them from those villages, where they had made every endeavour to render themselves capable of withstanding the attack, which to y naturally expected I should make. I ordered lieutenant-colonel Macleod, of his majesty's 60th regiment, of whose ability, judgment, and gallantry, I was well aware, to proceed in advance with the flank companies of his Majesty's 99th–the whole of the detachment from the 3d Ceylon regiment under lieutenant-colonel Morrie, three troops of cavalry under major Nuthall, and the flank companies of the 1st and 2d battalions 3d regiment Native infantry, and of the 1st battalion 13th Native regiment, with a company of pioneers under lieutenant Patterson, accompanied by the detachment of royal artillery, with the six light three-pounders under captain Bates, the galloper of the cavalry, and the brigade of six pounders attached to the 1st battalion 13th regiment, forming, in all, a strong and lighly-equipped detachment, o I was prepared to expect every obstacle from the country through which the detachment had to march, as well as from the uncommon strong, and advantageous position, which the enemy had occupied with a battery in front, commanding entirely the entrance, by which our troops must make the attack, rendered, if possible, more strong by a river in front, and a thick impassable country in the rear—ail these advantages, however, were of little service to them—their lines were attacked, at day-light, under a heavy fire from the battery, and from guns, which opened in all directions, and were gallantly carried after a sharp action—the village, which is one of the largest and finest I have seen in India, was completely scoured, and the enemy forced to retreat, in great confusion, protected in a great measure by the strength of country in their rear. I cannot sufficiently dwell on the judgment displayed by lieutenant-colonel Macleod in the form of attack, and gallantry of its execution, which must ever reflect on himself the highest credit, and on the detachment under his command. I cannot as yet forward a correct list of the killed and wounded on our side, but, from what has come to my knowledge, it appears to be considerable in numbers, although small, when the strength of the enemy's position is considered. I have received no report of the quantity of cannon which fell into our hands, but I counted nine pieces of ordnance myself, and have reason to believe the number to be much greater. It was evidently the intention of the enemy to make a desperate stand at this place, as the Dewan in person had been present for two days, and only
to understand, altounts to about fifty killed and wounded, of which, however, by far the greater part are only slightly wounded. I cannot conclude without again expressing the obligations I feel under to heutenant-colonel Macleod, and the detachment in advance, and indeed to the whole of the force under my command ; and I have to request you will convey these my sentiments to the honourable the governor in council. I feel myself much pleased with the services of the staff of the detachment; and I must not omit to mention that lieutenant-colonel Macleod has particularly specified the services rendered to him by captain Hodgson. My present encampment is situated in the midst of the enemy, which is extremely harassing to the troops. Extract of a letter from lieutenantcolonel St. Leger, to the chief secretary of government, dated Camp the 19/h Felruary, 1809. “I have great pleasure in submitting to you, for the information of the honourable the governor in council, the satisfactory intelligence of the British flags being now flying on both the forts of Woodagherry and Papanaveram, and without a shot being fired.— The gates were left open, the troops fled, and cowl flags hoisted in all directions. “I am taking infinite pains to protect the inhabitants from insult, and the sacred places from being even entered, and by such conciliatory conduct I hope soon to be enabled to convey th
tidings of perfect tranquillity being established in Travancore. “I of course attribute the desertion of the enemy to the action of Cotar and Nagre Coil, which, by every account, appears to have broken the spirit of the Dewan's party on this side entirely.” The governor in council repeats to lieutenant-colonel St. Leger, and to the officers and men under his orders, his warmest thanks for the activity, zeal, and bravery, which have signalized their operations.—The governor in council has particular satissaction in observing the farther proof of military skill and gallantry assorded by that distinguished and valuable officer, lieutenant-colonel Macleod, of his majesty's 60th regiment, in the action of Cotar and Nagre Coil, which has been followed by events of a highiy important nature.
Speech of the hon. Sir Benjamin Sullivan, in the supreme court of Judirature at Madras, on Tuesday, Feb. 21, 1809. The counsel for the crown, in a late prosecution for forgery, having early in the term desired my opinion on some points of law, which these trials have given rise to, I have considered them with attention, and shall now proceed to deliver my sentiments. The first question is this:— “Whether the proceedings of the supreme court, sitting as a court of Oyer and Terminer and gaol delivery, are submitted to any revision whatsoever in term : or in other words, whether the court of Oyer and Terminer and gaol delivery be not a branch of the supreme court of judicature exercising criminal jurisdiction, and, during the exercise of that jurisdiction vested with all the authority of the supreme court, to the exclusion of all revision whatsoever, except by appeal to his majesty in cottncil " When this question was agitated, it came on too suddenly to Justify my giving an opinion from a mere recollection of the charter. I have since looked into it with care, and find that
all criminal jurisdiction is vested in the supreme court of judicature, and hence it would seem to follow, upon a superficial view, that in exercising the criminal jurisdiction, it is the supreme court which sits, and acts, and administers justice. It is, however, declared that the supreme court shall proceed to hear, examine, try, and determine offences, and to give judgment thereon, and to award execution thereof, and in all respects to administer justice, in such, or the like manner and form, as nearly as the condition and circumstances of the place and persons will admit of, as the courts of oyer and terminer and gaol delivery do, or may, in that part of Great Britain, called England. Now, whether this may not be a limitation of the powers of the supreme court, while acting as a court of oyer and terminer and gaol delivery, seems to me to be a question of some weight and difficulty ; for the supreme court is expressly vested with such jurisdiction and authority as the justices of the court of King's Bench have, or may lawfully exercise within that part of Great Britain, called England, as far as circumstances will admit. And Coke, Hale, Hawkins, and Blackstone, state, that the Kung's Bench is, in dignity and authority, so much superior to the courts' of oyer and terminer and gaol delivery, that they cannot sit in the same county with it, the presence of this high court in which the king himself is in law supposed to sit, suspends the powers of these inferior and subordinate jurisdictions, insomuch, that it required two acts of parliament, (both passed in the present reign) to enable the courts of oyer and terminer and gaol delivery, for Middlesex, to act during the sitting of the court of King's Bench, at Westminster ; and Hawkins tells us, that this court of King's Bench, being the highest court of common law, has not only power to reverse erroneous judgments given by inferior courts, but also to punish all interior magistrates, and all officers of justice, for all wilful and corrupt abuses of their authority, against the known, obvious, and common principle of natural justice. (B. 2. chap. 3, 8, 10, 1].) Now the supreme court of judicature being vested by the charter, in its general jurisdiction, with all the power and authority of the court of King's Bench, and yet bound to conform in the administration of criminal justice to the form and mode of proceeding observed in the courts of oyer and terminer and gaol delivery in England— it would seem that the powers of the supreme court, acting as a criminal court, at a sessions of oyer and terminer held in vacation, as is always the case with us, have no further extension, than the courts of oyer and terminer and gaol delivery have in England. How is it then in England when a Judge of the King's Bench presides in courts of oyer and terminer and gaol delivery in Middlesex * In the case of the King against Morris, (2 Burr. 1180) where the defendant was found guilty of perjury, Lord Mansfield made ilis report to the court of King's Bench, the superior court of which ile was himself the chief justice, to have the benefit of their opinion on a point of law. It is the same in civil cases; in Bright and Eynon, (1 Burr. 300) Lord Mansfield stated to the court of King's Bench the circumstance of the case with his own opinion, and concluded by saying, “these are my sentiments; my brothers, will judge whether I am right or not.” The court of King's Bench, as we learn from Coke in Lord Sanchar's case, (A 9 C 118) is the highest court of ordinary justice in criminal causes within the realm, and paramount to the authority of justices of gaol delivery, and commissioners of oyer and terminer, and, as it is held in 27 Ass: 1. nore than the eyre, for they shall examine the errors of the justices in eyre, gaol delivery, and oyer and terminer—and in another part of the same case, he tells us, that in term-time no commission of oyer and terminer, or gaol delivery, can sit in the same county where the King's
Bench sits, for in presentia majoris ces
sat potestas minoris, and I think we have something like a recognition of this in
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oyer and terminer to the 23d of the month, when the term will be over. Nothing. I think, passed by the King's grant beyond what is expressly mentioned, and if no greater power passes by the charter in criminal matters to the supreme court, acting as a court of oyer and terminer, than is exercised by that description of courts in England, there seems to be an undoubted limitation to the judicial authority of the supreme court, sitting as a court of oyer and terminer and gaol delivery, and hence I am forced to conclude, that the supreme court of judicature, sitting in vacation, as a court of oyer and terminer and gaol delivery, is inferior and subordinate to itself in its general jurisdiction, whilst sitting, in term, as a court of King's Bench—and it seems to me reasonable that it should be so.The business of the court of oyer and terminer and gaol delivery is limited in duration, often hurried, and the judge obliged either to give an opinion on a sudden, or to reserve the point, to be argued and determined in term, which afiords more time for deliberation ; and upon the whole, I am of opinion that as far as the courts of oyer and terminer and gaol delively in England are subject to the revision of the court of King's Bench, so far as the court of oyer and terminer and gaol delivery here is subject to the revision of the supreme court, sitting in term, as a court of King's Bench. One thing more, and I have done with the question. The charter grants a power to allow, or to deny, appeal to his majesty in criminal cases; but criminal cases are to be tried before the court of oyer and terminer and gaol delivery.—Now is the power to allow or deny these appeals lodged with the court of oyer and terminer and gaol delivery —I think it is not—that authority being expressly vested in the supreme court of judicature. The clause, concerning appeals in criminal cases, runs in these terms:–“ And it is our further will and pleasure that in all indictments, informations, and criminal suits, and causes whatsoever, the