« 이전계속 »
constitution, of which it forms a part, being justly sensible that inconsiderate indulgence of immunity, engender habits of licentiousness, necessarily tend to destroy the principles of discipline, and to make that body, which was formed for the protection of the state, subversive of its tranquility.
“ Your memorialists, the free children of that country, which, while the rest of Europe is enslaved, boasts a constitution the basis of which is civil liberty, your humble memorialists, not the abject slaves of a country enthralled by despotism, respectfully assert a claim to certain rights and priviledges, the enjoyment of which may be allowed them without impairing or encroaching upon the dignity of government, or in any way interfering with the other departments of the state.
“Your memorialists have to lament generally, that although their body is now extremely numerous, and the question regarding their claims, their duties, and their priveledges are so multifarious as to require the assistance of practical experience in discussing the merits of them, yet they have not a representative in the conncil of government, where alone the discussion can be agitated ; to this cause, probably, may be ascribed the recent measures which have made it necessary for your memorialists to implore your gracious interposition, as they are directly subversive of those principles of honour and discipline which harmonize and cement the constitution of a military body, and are, at the same time, grossly insulting to the general character of the military profession.
“A succinct notice of those measures will amply develope the principles by which your memorialists estimate the injuries they have already received ; and, by the further abuse of authorities, which they have reason to apprehend, unless the system, so manifestly hostile to the honourable feelings of a military society, be seasonably checked. -
It may be already known to your lordship that lieutenant
colonel Munro, a member of the body to which your memorialists belong, having incurred the suspicion af having acted in a manner that was most generally considered to be criminal, was openly and publicly impeached by a considerable number of respectable officers, who preferred charges against him. This, measure was adopted in the hope that a cordial examination before the honourable tribunal of a court-martial might confirm the supposed guilt, and lead to adequate punishment, or, if guilt did not actually exist, that, purified by that ordeal, he might again return to take his place, in a society, in which, as must be well known to your lordships, supicion is considered as equivalent to infamy. -
“In consequence of those charges, and by virtue of the warrant which gave to the commander in chief, and to him oniy, the judicature of the Madras army, and vested in him alone the jurisdiction, for the time being, lieutenant-general Macdowall placed lieutenant-colonel Munro under arrest; he has since reluctantly released that officer, in consequence of the interference of the civil government, who have thus disunited the chain, upon the integrity of which the principles of military subordination depend; for, if the source from whence authority and subordination flow to all members of the military body be violated, the subordinate branches, which derive their existence from thence, must lose their virtue. Viewing the interference of the civil government to check the prescribed laws of military dependence, as a dangerous violation and infringement of the solemn laws of the army, your memorialists perceive in it the seeds of unlicensed anarchy and confusion; no desultery exercise of arbitrary power, however severe, can be expected to restrain the passions or feelings of enlightened men, although it may mortify or distress individuals ; the doubt regarding the legality and precarious principle by which it must ever be regulated, deprive it of that authority and respect which attaches to an established system of jurisprudence, sanctioned by the legislature, by prescription, by habits, and by the feelings of those educated under its influence. “ In order to vindicate the character of his profession, and to maintain the integrity of the military authority over those under his command, lieutenant-general Macdowall directed the publication of a general order, conveying a reprimand to lieutenantcolonel Munro, for disrespect to his commander in chief in not abiding by the regular course of enquiry, laid down in similar C a S&S. “As the former acts of the government had proclaimed to the army that lieutenant-colonel Munro was not amenable to military law, on this occasion that officer was declared to be superior to the controul of the commander in chief, by the publication of an order, in which general Macdowall is stigmatized with the reproach of having acted in a manner derogatory to the character of government, and subversive of military discipline, and the foundation of public authority, although the order of gen. Macdowall refers purely to the disrespect, the disobedience of olders, and the contempt of military authority, manifested by an officer, who was not only under his general contiou", as belonging to the army which he commanded, but who, attooed to his irnmediate staff, owed him particular respect and obedience * Your memorialists, accustomed to judge of the acts of military men as referable to the standard of right and wrong, which has been established by the legislature for the controul of their body, cannot discover any relation between the orders of government, and the rules of discipline and subordination, equally subversive of the foundation of authority, as that resolution of government, by which the adjutant-general and his deputy are ignominiously suspended from the service, for having obeyed the orders of their commander in chief, which obedience is stated to be a direct violation of the duty of those officers towards the government. “It must be painful to your lordship, as it is to your memorialists, to contemplate the possible consequences of a procedure equally unprecedented as it is unaccountable, by any other rules than those of blind prejudice, or deluded infatuation. “Your memorialists perceive a commander in chief, who had lived among them, who was personally beloved by many, and who was known by all, to have manifested great forbearance, under circumstances extremely mortifying, from the conduct which government observed towards him, they perceive the character of such a man grossly calumniated, while their regret for his departure was yet fresh; they perceive two officers of high rank, character, and respectability publicly degraded, deprived of their rank, and suspended from the service, for having obeyed their commander in chief, in signing and publishing an order written by himself, for the purpose of vindicating the dignity of his military authority, which had been flagrantly violated by one of his own staff, who openly defied and disregarded the supreme military commission; they perceive this officer, who had been publicly impeached, under charges of a serious nature, and who had insulted his commander in chief, sheltered from the natural effect of such misconduct, by the interference of government. Your memorialists cannot avoid declaring, that they 'see, in this evasion of the fundamental laws of discipline, a most dangerous infringement of the military code; that bulwark which protects the state from the licentiousness of an armed rabble, a power subject to no controul, except the caprice or prejudice of an individual ; and your memorialists feel a just alarm, lest the repetition of acts, which are not guided by any rule, may tend to wean their affections, and dispose them to consider as enemies those whose situations should make them their friends. “Your memorialists have learned, with indignant regret, that their enemies, and the enemies of their country, have represented a public disaffection the discontent produced by local and partial injuries, arising from the present rupture, but they conT
fidently appeal to the zeal and ardour with which a large proportion of them are now discharging the most arduous duties in the service of the state; they appeal to the moderation with which they have stifled their feelings, that the recent conduct of the Madras government was calculated to inspire; and while they declare their inviolable attachment to the state under which they serve, and to their profession, as regulated by its own law, they cannot suppress the expression of their concern, at the manner in which the exclusive rights of the army have recently been violated, and their sanguine hopes and earnest entreaty that the supreme government may, in its wisdom, be induced to appease their just alarms, and to anticipate the extreme crisis of their agitation, by relieving them from the controul of a ruler, whose measures, guided by their enemy, are equally detrimental to the interest of the state, as they are injurious to the feelings of a loyal and patriotic army.”
“SIR,-The officers of the Madras army whose names are hereunto annexed, can no longer abstain from expressing to you their surprize and concern at the severe and unmerited punishment inflicted on you, by an act of the civil government of Fort St. George, for no reason that is stated, but that you obeyed the orders of the commander in chief, in a case purely military. “Feeling the question to involve circumstances essential to their best interests, and fundamental to the character and respectability of the army, no less than to the principles of martial law, they consider themselves called upon to signify to you their marked approbation of your conduct as an officer on the general staff on that occasion. “Whilst your brother officers seize this opportunity to express their sense of the propriety of your conduct, they fully appreciate the personal inconvenience to which you are exposed by suspension from office, and the service. With these feelings they request the honour of repairing your injuries, in the mean time, as far as lays within their power, by subscribing and paying to your order, monthly, the full amount of that pay, and staff allowance, of which you have been in this extraordinary manner deprived. “As your conduct on the occasion alluded to, is exactly conformable to what the undersigned, if placed in your situation, would have pursued, they cannot avoid making your cause their own, and, under existing circumstances, such mutual support must be expected, and accepted by all who, like yourself, have or may become sufferers, through any such exceptionable measures on the part of the civil government of Fort St. George, as have rendered necessary the painful step we have now taken.
[L. ) “TO THE OFFICER COMMANDING THE FORCES SERVING IN TRAVANCORE.
& 6 SIR,---It having come to my knowledge that papers of a
very improper nature are in circulation among the officers of the army, regarding the suspension of major Boles from the situation of deputy-adjutant-general of the army, in consequence, of having applied his signature to the general order of the 2Sth of January last; as this circumstance has not come before me in any public or authenticated form, I am induced to notice it to you in this way, rather than through the channel of a general order. -
“The paper in question, if I am rightly informed, has, for one of its objects, the collection of a subscription for the relief of major Boles, a circumstance which, as commander of the army, I could take no interest in, as officers may apply their 1noney for the benefit of whom they please, did it not, at the same time, if I am rightly informed, intimate an intention of supporting all others who may, in like manner, fall under the displeasure of government, and imply also a justification of the principle upon which major Boles acted.
It is impossible for the commander of an English army to
take a passive part, whilst such things are transacting among those under his command; as these officers, by placing their principles in direct opposition to that of government, and holding out a security and indemnity, in fact encouraging disobedience and revolt, as far as it is possible for them to do.
“ It were needless for me to explain, to a person of your experience, that an officer, under an English government, can only be justifiable in obeying a legal order, and that the order in question was of a nature calculated to excite sedition in the army, and, as such, unjustifiable and illegal on the face of it, and ought accordingly to have been declined by every wellinformed officer. Major Boles must, from his situation, be supposed to have known, that the governor and council of Fort