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under the signature of the Deputy Adjutant General of the Army, it must have been known to that officer, that in giving currency to a paper of this offensive description, he was acting in direct violation of his duty to the Government, as no authority can justify the execution of an illegal act, connected as that act obviously in the present case has been, with views of the most reprehensible nature, the Governor in Council thinks proper to mark his highest displeasure of the conduct of Major Boles, by directing that he shall be suspended from the Company's service.'

The General Order left by the Commander in Chief for publication, under date 28th inst. is directed to be expunged from every public record, and the Adjutant-General of the Army will immediately circulate the necessary orders for that purpose.

By order of the Honourable Governor in Council,

66 GEORGE BUCHAN,

[ E. ]

Secretary to Government."

G. O. BY GOVERNMENT.

"Fort St. George, 1st Feb. 1809.

It having been made known to the honourable the governor in council that the adjutant-general of the army was materially implicated in the measure of giving currency to the offensive general order of the commander in chief, dated the 28th ultimo, it becomes the duty of the honourable the governor in council to direct that Lieutenant-colonel Capper be suspended from the service of the honourable company, and that officer is hereby suspended accordingly.

The governor in council directs that major Robert Barclay will take charge of the duties of the office of adjutant-general, until further orders.

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By order of the Honourable the governor in council.

(Signed) "G. BUCHAN,

"Chief Secretary to Government."

[ F. ]

THE HONOURABLE SIR G. BARLOW, BART. K. B. PRESIDENT IN COUNCIL.

"Fort St. George, January, 1809.

Sir, Impelled by a laudable ambition which had long led me to aspire to the chief command of the respectable army

under this establishment, I viewed my appointment to that high office as the happiest event of my life, concluding, that I should succeed to all the rights and privileges enjoyed by my predecessors. The decision, however, of the court of directors, confirmed by the board of controul, has placed me in so extraordinary and unexampled, and so humiliating a predicament, that the most painful emotions are excited, and I, at one glance, perceive that it is impossible to remain with any prospect of performing my duty with credit to the East India company, of acquiring for myself any reputation, or of doing justice to those over whom I am called to preside. Divested of the power of selecting for command, or of requiting the meritorious officer, by the restriction of military patronage; deprived of the respectability which in this country attaches to a seat in council, and abridged in the usual emoluments of office; it is incon. sistent with the character I have ever endeavoured to maintain to hold an appointment of such magnitude and responsibility thus degraded! I have therefore the honour, honourable sir, to request that I may be permitted to resign my commission of commander in chief, and to proceed to Europe by the present opportunity. Inferring that the plan, for the exclusion of the commander in chief from council, must have been formed with sufficient deliberation, to preclude the possibility of any arguments of mine producing an alteration of sentiment on the projectors of it, I decline touching on the subject; nor will I condescend to make any reference to those, who have premeditately injured me, and who without a conciliating expression or any explanation whatever, have severely wounded the feelings of an officer who has served them with zeal and fidelity (with a short intermission) for seven and twenty years. In adverting once more to patronage, it is not possible to view without the deepest regret, a scheme for disconnecting the authority to command service, from the power of animating it by reward; and for allotting to the commander in chief all the invidious duties of his station without the means of softening them to the army, by acts of favour and kindness, derived immediately from the fountain head; and I may be allowed to observe that the plea of public utility ought to be clear and urgent, which calls for the extinction or abridgement of any of these rights which the army, through its natural representative, possess, or which can justify me in admitting, that an experiment is necessary to ascertain with how small a portion of power and influence, the military duties under this government. be carried on. may

Notwithstanding these observations, (which have nothing

of novelty to recommend them) and my determined resolution. to quit India with the spring fleet, should you, honourable sir, be of opinion that the public service will, in any shape, suffer detriment by my departure at the present moment, I shall consider it an imperious duty to abandon every personal feeling, and to submit to your judgment, should my exertions be deemed of importance; at the same time implicitly relying that your honourable board will sanction my embarkation, when the cause of my detention may be removed.

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I beg, however, that it may be distinctly understood, that this is not meant as courting an invitation to stay. I have been offered an indignity, and my pride and sensibility would compel me to retire, even were the sacrifice greater; for I cannot tamely submit to see the exalted station disgraced in my person, nor can I be answerable to the army if I do not resist so uncommon a deviation, which deprives it of a representative.

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The accompanying copy of a letter from his excellency the commander in chief in India will inform you, honourable sir, of his acquiescence to my application for one year's leave of absence.

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GENERAL ORDER BY GOVERNMENT.

"Fort St. George, 6th Feb. 1809. The honourable the governor in council having lately adopted the measure of ordering the release of the quarter-mastergeneral of the army from arrest, and it being desirable that the circumstances connected with that measure should be distinctly and publicly understood, there being reason to believe, that a great degree of misapprehension has hitherto existed, the governor in council thinks it proper to state, that the quarter-mastergeneral was placed under arrest by the late commander in chief, on charges founded on a report which was submitted by the quarter-master-general, in conformity to express orders; which report having been approved and adopted by the commander in chief, lieutenant-general Sir John Cradock, was by him communicated to the late right honourable the governor in council of Fort St. George, and finally laid before the supreme government, under whose approbation and orders, it became the foundation of measures already known to the army.

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In these circumstances the quarter-master-general could

be considered no longer responsible for proceedings so sanctioned, and it would have been inconsistent with the evident principles of justice, that a public officer should have been liable to the obloquy of a trial, for an act not his, but that of his superiors-the question which in such case would have been submitted to the cognizance of a military tribunal, would not have involved only a discussion of the conduct of the quartermaster-general, but would have extended to the measures of the principal civil and military authorities in this country; measures which had undergone the maturest consideration, and which had been carried into effect under the most formal sanction -it must be apparent, that a discussion involving consequences of this nature, would have been contrary to law, contrary to reason, ruinous of public confidence, and subversive of the foundations of military discipline, and of public authority.

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Impressed with these sentiments, it became the solemn, the bounden duty of the governor in council, on the facts being made known, by a communication from the quarter-mastergeneral, (which, from the nature of the question, it became the right and duty of that officer to submit by direct reference on the communication having been refused by the late commander in chief) to interpose the authority of the government, for the prevention of the most fatal evils-it was the wish, it was the earnest endeavour, of the governor in council, to effect this object, by every means of conciliation and explanation; but such means having been used in vain, and having been even repelled under circumstances highly offensive, no alternative remained, but that of conveying a specific order for the removal of the arrest.

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The governor in council desires, that the officers of this army will be assured that this government would not be less solicitous to vindicate their honour and reputation, by rejecting all injurious imputations, if such could have been supposed, than the officers of the army could have been solicitous in their own vindication. The governor in council has accordingly, under this impression, been led to an attentive consideration of the expressions which are understood to have been deemed objectionable, and he has no hesitation in declaring, that it appears in his judgment, impossible, under any correct construction, to attach an offensive meaning to words, where injury was not meant, and where the intention of offence assuredly did not exist.

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Having stated this explanation, the honorable the governor in council deems it his further duty to observe, that the question which has been under deliberation, must be now considered

as concluded the farther agitation of a subject of this nature could be availing for no purpose, but that of disturbing the established course of public affairs, and for the excitement of feelings injurious to order and authority, and it will be accordingly of importance to the public welfare, that the circumstances connected with it, should be consigned to oblivion.

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By order of the honourable the governor in Council.
"G. BUCHAN,

(Signed)

"Chief Sec. to Govt."

[ H. ]

TO THE OFFICER OF THE WEEK OF THE JUNIOR CLASS OF THE MILITARY INSTITUTION.

66 SIR, Lieutenant-colonel Munro, quarter-master-general, having heard that the officers of the junior class of the military institution, have come to a resolution of expelling from their society Mr. Poole, for attending at the late entertainment given at the government-house, I am directed to ascertain if that circumstance had influenced them in their resolution against Mr. Poole, and if this should be the case, to inform the officers that they are to withdraw their proceedings against Mr, Poole, or lieutenant-colonel Munro will judge it proper to apply to government for an order, directing the gentlemen to quit the institution and join their corps. You are therefore requested to state to me what was the fact, and if it is the intention of the gentlemen to comply with the above direction.

"Feb. 13th 1809.

"C. KINSEY,

"Assistant Instructor."

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"TO LIEUTENANT KINSEY.

SIR, In reply to your letter of yesterday, the officers of the military institution beg leave to state, that they conceive the 9th paragraph regulation code, fully justifies the measures they have deemed fit to adopt against Ensign Poole, and as he is a person whose acquaintance they feel averse to, they have availed themselves of the privilege therein granted, to officers in common with other gentlemen, of making their own choice of companions for their private society, to acquaint Ensign

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