No. I.
"TO LIEUTENANT-COLONEL MALCOLM.
"Sir,
Paragraph 1. "Previous to my being appointed to command the Madras European regiment, I was informed that the officers of that corps had given some very improper toasts on the day that Captain J. Marshall had dined at their mess here, which fully expressed their political principles, and how highly they disapproved of the previous measures of Government, adopted after Lieutenant-General McDowall's leaving Madras for Europe, whose cause and party they support.
Par. 2. "Impressed with the recollection of this circumstance, when I went to dine at the mess of the Madras European regiment, the day I landed here to assume the command, I determined neither to permit, or to pass over unnoticed, any such scene as was reported to have occurred on the day above alluded to, so extremely improper, and subversive of that high respect which is due to Government from every officer of the army of Fort St. George.
Par. 3. "What actually did take place on the evening of the 7th May last, and which rendered it not only proper, but absolutely requisite for me to quit the mess-room at an early hour, I deemed it my indispensable duty next day to communicate, in a private manner, to a confidential staff officer 'from whom I received my original instructions,' in order to show the officer commanding the army in chief, and the Honourable the Governor of Fort St. George, the violent spirit of discontent, undisguised disapprobation, and determined opposition to the measures of Government, which even then existed amongst the officers of that corps, and which was previously well known at head-quarters.
Par. 4. "I at the same time particularly requested that no public notice might be taken of what I found it expedient to state, unless I should be compelled subsequently to bring the business reluctantly forward officially; having intimated, that I expected an apology to be tendered to me by Lieutenants D. Forbes and Maitland for their improper conduct on that evening, when the general orders of the 1st May were commented upon at the mess-room of the Madras European regiment.
Par. 5. "The next morning I went to breakfast with Captain Andrews (who had dined at the mess the previous evening), and requested of him to acquaint the officers composing the mess, that I was under the necessity of declining to become a member of their society, 'as I had proposed,' owing to existing circumstances that did not accord with my ideas or sentiments of subordination, which was my imperious duty to restrain.
Par. 6. "Contrary, however, to my expectation, the information I had originally given was acted upon, being considered of such a tendency that it could not be passed over, as I had requested, and which ultimately led to the publication of the orders by the officer commanding the army in chief, reprimanding the officers of the Madras European regiment, removing Lieutenant Maitland from the quarter-mastership, and ordering Lieutenant D. Forbes to command at Condapillee; as also the appointment of Lieutenant Maitland to command a detail of the corps ordered to serve as marines, and Lieutenant D. Forbes to command a detail of the corps at Prince of Wales Island. Those measures were no doubt adopted with a view of checking any future symptoms of insubordination amongst the officers of the Madras European regiment. So far, however, from being attended with the desired effect, they only tended to increase the former state of irritation, and their determination on resistance to the orders of the officer commanding the army in chief, and Government, when their fractious arrangements were fully organized, and ready to be carried into execution by the disaffected, as has since been fully confirmed by their late and daring mutiny.
Par. 7. "When I transmitted Lieutenant D. Forbes's application to head-quarters for a general court martial, it was accompanied by my official letter, and report of the circumstances which occurred on the evening of the 24th May last, at the mess-room of the M. E. regiment, and which is now subjoined for your information; as also the correspondence which subsequently passed between me and the officers of the Madras European regiment upon this interesting subject, now under consideration; which I felt it my duty to forward to head-quarters for the consideration of the Commander-in-Chief, for the reasons assigned in my two notes addressed to Lieutenant and Adjutant Nixon. It only therefore remains for me to add, that what I honestly, candidly, and conscientiously stated to have taken place at the mess of the M. E. regiment on the evening of the 7th of May last, was the substance of what actually passed, and, to the best of my recollection, in nearly the same words, (or words to the same effect,) as I most solemnly declare upon my honour, and am ready to confirm upon oath.
(Signed) "J. INNES, Lieut.-Col."
"Masulipatam,
19th July, 1809."
Previous to entering upon the documents alluded to, I will call your attention to the two following paragraphs of the Governor General's letter, addressed to Sir G. H. Barlow, Bart. K. B. Governor of Fort St. George, dated 27th May, 1809; by which you will observe, I was not only sanctioned, but expected to give every information to the Commander-in-Chief and Government, (from my official situation,) which could tend to check disaffection in this division, and promote the public service either by my own example and exertions, or by applying to a higher authority to suppress it.
Par. 89. "We concur also entirely in the sentiment expressed in your general orders of the 1st ultimo, that it is not sufficient for officers holding commands to avoid a participation in such proceedings, but that it is their positive and indispensable duty to adopt the most decided measures for their suppression, and to report them to the superior authorities. The purposes of tumult and sedition may as effectually be promoted by their negative concurrence as by their active participation.
Par. 90. "The neglect of duty is an offence varying only in degree from a positive violation of it; and any officer who, apprised of the progress of disorderly proceedings among those who are placed under his immediate control, abstains from any attempt to suppress them either by the exertion of his own authority or by an appeal to the superior power, gives to those proceedings one mode of encouragement, and cannot stand absolved of blame, nor found a claim to immunity, nevertheless to a continuance of that implicit confidence which is attached to stations of authority, on the basis of so culpable and mischievous a neutrality."
(A true copy.)
(Signed) "J. INNES, Lieut.-Col."
Letter from Lieutenant-Colonel Innes to the Adjutant-General
of the Army.
"Fort St. George.
"Sir,
Paragraph 1. "I have the honour of reporting to you, for the information of the officer commanding the army in chief, and the Honourable the Governor in Council, the particulars of the daring and premeditated mutiny which occurred here on Sunday the 25th June, about two or three o'clock, P. M., when the three detachments of the M. E. regiment were ordered to embark on board the fleet as marines.
Par. 2. "On the arrival of the Piedmontese frigate, and Samarang sloop of war, at this place, I sent off a letter to Captain Foote commanding the two ships, intimating that the three detachments of the M. E. regiment were ready to embark, was he prepared and authorized to receive them on board his ships. The non-commissioned officers and privates appeared to be highly pleased at going on this duty.
Par. 3. "About sunset I observed a boat landing with some naval officers; and having invited Captain Foote on shore, went down to meet and receive him at the sea gate, to conduct him to my quarters, that we might communicate fully on every subject which could tend to promote the public service, in carrying the orders of the officer commanding the army in chief into execution.
Par. 4. "Just as the naval officers were nearly landed, I was called aside by Lieutenant Charles Forbes of the M. E. regiment, who was accompanied by Captains Kelly and Harrington of the 1st battalion 19th regiment N. I., Lieutenant and Adjutant Nixon, and Lieutenant and Quarter-Master Spankie of the M. E. regiment. Captain Kelly then read a paper, which they were deputed to communicate to me not only by the officers of the garrison, but those of this division, requesting I would postpone the embarkation of the detachments of the M. E. regiment till they could receive an answer to an address they had it in contemplation to submit to the Commander-in-Chief, and the Honourable the Governor in Council, demanding a redress of grievances. To this application I pointedly objected, having no authority to set aside the instructions I received from the Commander-in-Chief.
Par. 5. "Lieutenant Spankie then boasted of their having the most positive assurances of support from the troops at Hyderabad, Jaulnah, the Bombay army, and every division on the coast. I then observed, that I hoped those expectations would not induce them to resist the embarkation, by being guilty of mutiny, and by trying whether the troops would obey them or me. To order the whole in arrest, was now my only alternative. This, however, I could not attempt, or expect their obedience to my authority, under existing circumstances, and 'standing alone.'
Par. 6. "At this instant the purser of the Piedmontese delivered to me a letter from Captain Foote, annexed; which upon opening, it proved to be an official letter from the chief secretary of Government, dated 22d June 1809, ordering me to embark the detachment of H. M. 59th regiment of foot on board the Samarang with the least delay. I then inquired of the purser if he had not brought any other letter to me from Captain Foote? He replied in the negative, nor did he hear of any detachment being ordered on board but that of the 59th. This the deputation saw and heard.
Par. 7. "But apprehending some mistake had occurred, I told the deputation I expected a reply to my letter of that day, sent to Captain Foote, which would elucidate the subject. At 10 o'clock P. M. it reached me, referring me to his letter sent by the purser. I, of course, concluded that the one from the secretary of Government was the one he alluded to, and sent Captain Foote's letter to Lieutenant and Adjutant Nixon directly: and we concluded that the detachments of the Madras European regiment were not expected to embark; which I communicated to the officers on parade next morning; adding, that they must be prepared to embark at an hour's notice in any other ships that might arrive to receive them on board, which appeared to give much satisfaction, finding they were not going by this opportunity.
Par. 8. "About 1 o'clock P. M., 25th June, the Purser, and Mr. Midshipman Shepperd, of the Samarang, returned from the Pettah to my quarters; and, to my astonishment, put Captain Foote's first and original letter (alluded to in his second) into my hand, which, by mistake, they had omitted to do the previous evening. I then expressed my regret at what had passed, although I was convinced it made no difference; as I conceived, from what passed the evening before, that the embarkation of the Madras European regiment's detachments would be resisted by the officers of the garrison at all events.
Par. 9. "I then sent for Lieutenant and Adjutant Nixon, showed him Captain Foote's letter, (No. 4, annexed,) and directed him to have the parties ready to go on board at 6 P. M., and to send the officers ordered on this duty to receive my instructions. I at the same time observed to the Adjutant, that, from what had passed the previous evening, I had every reason to suppose the embarkation would be resisted; and begged and conjured him to consider of the consequences; and to inform the officers, that if they would pledge their honour not to interfere with me in the execution of my duty, by carrying the orders of the Commander-in-Chief and Government into execution, it would afford me the highest satisfaction, and preserve order and tranquillity.
Par. 10. "If, however, resistance was intended to be offered by the officers to the embarkation, I would reluctantly be reduced to the disagreeable necessity of applying to Captain Foote of the Piedmontese to land the marines of both ships, and every seaman who could be spared, to see the orders of Government and the Commander-in-Chief respected, and to enable me to carry them into execution.
Par. 11. "So soon as the order for embarking was made public, and shown to the officers, they ran, in a disorderly, tumultuous, and mutinous manner, to the barracks of the Madras European regiment and the 1st battalion 19th regiment native infantry, calling on the men to arm, and prevailed on them to join them in the mutiny, and opposition to my orders, and those of the Commander-in-Chief and the Honourable the Governor in Council.
Par. 12. "Captain Kelly, Lieutenant and Quarter-Master Spankie, and some other officers, came over to my quarters, conjuring me not to insist on the embarkation, or to send to Captain Foote for assistance, which could only occasion the shedding of much innocent blood, and endangering the loss of the country. All this passed before the naval gentlemen. Their first observation was a most serious one, having got the two corps to join them in the mutiny.
Par. 13. "Another party of officers came shortly after up to my quarters, repeating what the other officers had done, and upbraiding me with giving incorrect information to Government and the Commander-in-Chief relative to what passed on the 7th ult. at the mess; on which they acted, and dispersed the regiment, on my suggestions, as a punishment, and which they never would accede to. Many other observations passed I do not exactly recollect: but I again intimated to the gentlemen, that, had they obeyed the orders issued, no mutiny could have occurred, or the public service been impeded, by their conduct and exertions.
Par. 14. "Major Storey, who had been sent for by the officers in the Fort to join in their mutiny, then came to my quarters, told me the two corps were under arms, and would not be dismissed but by a proper authority; and that he was called upon by the gentlemen to assume the command, and put me under close arrest, for the preservation of the garrison.
Par. 15. "I observed to Major Storey, that I neither could or would acknowledge his illegal arrest, and usurped authority, (although he might put me into close confinement,) for which he and the other officers would have to answer hereafter; having not only mutinied, but prevailed on the troops in garrison to do so, by ordering them under arms, (without my authority,) which they prevailed upon them to resist.
Par. 15. "Major Storey then ordered my letters to be seized that were coming from the post office, to be examined by him, and not to allow any to pass out, or any gentleman to visit me, without his permission. He then, 'I hear,' issued a garrison order, assuming the command, (as Captain Andrews did of the Madras European regiment,) and sent off letters to Hyderabad, Bombay, Travancore, and every other station and encampment that had united with them in the diabolical conspiracy against the Government of Fort St. George, as will appear on reference to the register of letters dispatched after the mutiny from the post office here; having completely laid aside the mask, publicly avowing and boasting of the support they depended upon receiving from their friends, in having their grievances redressed, imposed on them by their tyrannical Government.
Par. 17. "Here it is requisite to observe, Lieutenant Cecil, Dr. Anderson, and Mr. Assistant Surgeon Jones, of the Madras European regiment, did not join in the mutiny; nor do I think the non-commissioned and privates of the Madras European regiment, or the native commissioned, non-commissioned and privates of the 1st battalion 19th native infantry, would, had they not been misguided by their guilty officers, who even then, 'I hear,' had some difficulty to prevail on them to mutiny against my authority and that of the Commander-in-Chief and Government.
Par. 18. "Lieutenant Cecil, who commanded the main-guard, having declined on every occasion to join the other officers in their disorderly and insubordinate conduct, by resisting the measures of Government, was relieved from the duty of the main-guard by the mutineers; not, however, till he had twice waited on me, at the risk of his life; the second time after I was arrested, when I told him to submit, opposition being then of no use, and, being ill, to report himself sick, to avoid future ill treatment from the mutineers.
Par. 19. "Finding my letters seized by the mutineers, I sent a letter secretly to Captain Foote by his purser, with a request that copies of it might be transmitted without delay to the Commander-in-Chief and the Honourable the Governor in Council, for their information, having no other means of reporting to them till I was liberated; when a statement of circumstances would be duly forwarded, which will fully prove that nothing was wanting on my part to carry my instructions into execution instantly, notwithstanding the state of affairs here, so frequently reported since my assuming the command of the Madras European regiment and this division; previous to which, their opposition to the measures of Government (and confederacy alluded to,) had commenced with the Madras and Bombay army.
Par. 20. "In justice to the purser of the Piedmontese, I must here observe, that his mistake, in not delivering the letter sooner, was of no other consequence but that of delaying the mutiny a few hours, it being regularly organized, and resolved upon for some time past, and my being arrested, that I might not impede their seditious plans against Government, so actively carried on; sorry I am to add, with too much success. Understanding that General Pater will not reach this place before the 15th July, I forward this letter in a private and secret manner, that Government may be in possession of the fullest information on the 3d July, in case I may be put to death by the mutineers before or after the arrival of Major General Pater, commanding officer of this division.
(A true copy.)
(Signed) "J. INNES, Lieut. Col.
Commanding Masulipatam,
in charge N. D. of the Army."
Private Note from Lieutenant-Colonel Innes to
Lieutenant-Colonel Malcolm, dated Masulipatam,
20th July, 1809.
My dear Sir,
I am favoured with your note of this day's date. In reply to which I have to state, that I had no communications with the officers of the Madras European regiment on the subject of reducing the corps. But when Lieutenant Spankie waited upon me, to receive the Commander-in-Chief's letter, I intimated to him, on his refusing to accept of the quarter-mastership, proffered to him by General Gowdie, that if he did so, it was the General's intention to bring him to a general court martial. I at the same time conjured him to accept of the situation offered to him, as on the conduct of the officers of the regiment much depended, on this occasion; for if they persisted in the unwarrantable conduct they were now pursuing, the regiment would be reduced, and all those not on the staff put upon the half-pay of their rank. I then told Lieutenant S., that other plans, of a much more pleasant nature, were in contemplation for the regiment, which the officers seemed determined to put a stop to. I therefore begged and entreated that he and his friends would maturely and deliberately consider of existing circumstances, and study their own interest, and that of the public, by acceding to the General's wishes; which nothing upon earth could have induced me to make known to Lieutenant S. but the extreme desire I had to preserve order and tranquillity, in order to promote the benefit of the regiment and the public service. My letter from the General was a private one; but, I conceived, couched in such terms, as to authorize my making use of the information it contained, to check the irritation that existed in the corps.
Yours sincerely,
(Signed) J. INNES.
Letter from Lieutenant-Colonel Innes to Lieutenant-Colonel Malcolm.
My dear Sir,
When I received the order of the Commander-in-Chief, appointing Lieutenant Maitland to command the first party ordered to serve as marines on board the Fox frigate, I was waited upon by Captain Yard and four subalterns of the Madras European regiment, (in the name of the corps,) requesting I would nominate any subaltern in the regiment to go in the room of Lieutenant Maitland (who was always sick at sea), or permit one to volunteer his services.
I accordingly showed the deputation my instructions and orders, from which I had not authority to deviate; but offered to write to the Commander-in-Chief for his permission, which they would not accede to. I at the same time assured the gentlemen, the Honourable the Governor in Council, and officer commanding the army in chief, were ready to forget and forgive every thing that had taken place; and that I would have much pleasure in accepting and forwarding any apology, 'however slight,' which Lieutenants D. Forbes and Maitland might send me; and did not entertain a doubt but should be able to get Lieutenant Maitland restored to his quarter-mastership, and Lieutenant D. Forbes continued with the regiment. They, notwithstanding, persisted in making no apology, and the subject was dropped, to my great regret.
(Signed) "J. INNES."
"Masulipatam, 22d July, 1809."
Abstract of the Evidence of Captain Andrews of
the Honourable Company's European Regiment,
and Captain Kelly of the 1st Battalion 19th
Infantry, which is corroborated by several other
Officers of the Garrison.
"On the arrival of Lieutenant-Colonel James Innes at Masulipatam on the 7th ultimo, to assume the command of the Madras European regiment, he was invited to dinner at the regimental mess, where there were several strangers present. In the course of the evening a toast was proposed, which it was conceived could not be objected to by any one, whatever might be his opinion of the recent acts of Government that have excited such general discontent amongst the officers of the coast army; viz. "The friends of the Madras army." We were therefore much surprised to hear Lieutenant-Colonel Innes express his disapprobation of it, and his wish that it might be changed to a more general one; viz. "The Madras army." Several observed, that there were officers in this army who were not its friends, and it appeared to be the general opinion of the Company that the toast should be given out as at first proposed. Colonel Innes immediately arose from the table; and as he was going out of the mess-room, the toast was drank with loud applauses. This, we have reason to think, he construes into his being hooted out of the mess. Next day Lieutenants D. Forbes and Maitland were informed, that if they did not apologize for some observations said to be made by them at the mess in the presence of their commanding officer, their conduct would be reported to head-quarters. Those officers were, however, acquainted that they should be furnished with a copy of the report. As no specific observations were mentioned by Colonel Innes, and as those officers had neither said nor done any thing that required an apology, they of course refused to make any. When it was supposed that Colonel Innes intended to recommend himself to Government by informing them of the conversation of a convivial party, the officers of the regiment resolved to have no further communication with him, except in cases of duty. Some days afterwards, Lieutenants Spankie and Hancorn waited upon Colonel Innes, and explained to him fully their motives for declining to hold any private intercourse with him. In the course of a long conversation he repeatedly told them, that he had not reported Lieutenants Forbes and Maitland; and at last assured them, unless obliged to do so by some future conduct of theirs, he would not. With this assurance the officers of the regiment were so satisfied, that they altered their behaviour towards Colonel Innes. His declarations, however, were equivocal and false, as will appear by the letter No. 1, which was published in the regimental orders of the 22d ult. He has acknowledged by the letter No. 2, that it was written in consequence of information communicated by him in a private letter, but which he pretended he did not think would have been acted upon. Agreeably to the orders, Lieutenant David Forbes submitted to the punishment inflicted upon him; but, previous to his departure for Condapillee, he requested the Commander-in-Chief to give him an opportunity of proving his innocence of the charge laid against him before a general court martial. The answer he received to this was, that 'the Commander-in-Chief deemed his application inadmissible:' but no reason whatever was assigned. Vide letters, No. 3 and 4. Colonel Innes put Lieutenant Fenwick's name in orders, to succeed to the situation of Lieutenant Maitland; but that officer begged leave to decline acceptance of it under the existing circumstances. The quarter-mastership was then offered to Lieutenant Spankie, who was told, that if he refused the situation he would be brought to a court martial; that the regiment would be disbanded, and the officers placed upon half-pay. Vide the Memorandum, No. 5, written by Lieutenant Spankie in the presence of Colonel Innes, by whom they were dictated. He was also desired to recollect the situation of Captain Yard, a married man with a large family, and to reflect upon the misfortunes he would bring down upon his brother officers; but if he would accept the appointment, there were favours for the regiment in contemplation of Government. Thus the fate of a regiment, and the favours or frowns of a Government, depended upon the will of an individual; and officers of all ranks were to be punished, if his conduct (over which they had no control) proved unsatisfactory!—Vide letter, No. 6, from Colonel Innes to Lieutenant Spankie.—On the receipt of the general order appointing him quarter-master, Lieutenant Spankie did, however, send a letter to the Honourable the Governor in Council; and upon Colonel Innes's refusal to forward it through the regular channel, he forwarded it direct, in which he requested to relinquish the situation.—Vide letter, No. 7.—To this letter no answer was ever returned. At the same time that Colonel Innes forwarded the application of Lieutenant D. Forbes for a court martial, he transmitted an official statement of what had occurred at the regimental mess, in his presence, on the evening of the 7th ult. When Lieutenant Maitland was acquainted with this circumstance, he applied to him for a copy of such parts as concerned himself.—Vide letter, No. 8.—Colonel Innes refused to comply with this request, stating that Government would be guided by his report of that day, and decide accordingly. He also mentioned, that, as far as he knew, private information would not have been acted upon, had the expected apology been made; and he imputed to Lieutenant Maitland an observation which he said was made at the mess that evening regarding the Hyderabad subsidiary force.—Vide letter, No. 9.—-Lieutenant Maitland informed him, in reply, that, until the receipt of his note of this day, he did not know for what words or actions of his an apology had been required, and most solemnly denied having made any observations regarding the Hyderabad subsidiary force on the night alluded to, or at any other time, in Colonel Innes's presence.—Vide letter, No. 10.—The letter, No. 11, was signed by every officer present with the regiment, excepting one, to whom it was not sent. On the receipt of it, Colonel Innes wrote an official note to the adjutant, in which he promised to forward the above letter, and requesting the officers of the regiment, who were present at the mess on the 7th ult., to draw up a statement of the circumstances which induced him to quit the mess-room on the evening of that day.—Vide letter, No. 12.—The letter, No. 13, is a copy of their answer. On the 2d of June arrived an order, directing Lieutenant D. Forbes to proceed forthwith to the Presidency, and there to embark for Penang for the purpose of taking charge of a few men of the regiment stationed at that island. Lieutenant Maitland was at the same time ordered to hold himself in readiness with thirty men of the regiment to go on board the Samarang sloop of war, as marines. In consequence of this order, a deputation from the officers of the Madras European regiment waited upon Colonel Innes, and earnestly requested him to select two other officers for the above duties. They strongly pressed upon him the impropriety of selecting two officers whose conduct had been branded in orders. If those gentlemen had been guilty of conduct contrary to every principle of military subordination, they were unfit to be sent on command with that stigma hanging over them; and if innocent, as the officers of the regiment asserted them to be, they ought not to be ordered from the coast until an investigation should take place, and the charge as publicly retracted as it had been preferred. It is here necessary to observe, that during the conference between Colonel Innes and the deputation, he read to them an extract from a letter received from the Commander-in-Chief, threatening the regiment's being disbanded. Respecting Lieutenants Forbes and Maitland, he said he could not select two others, as those officers had been nominated by the Commander-in-Chief. He acknowledged that he might have been mistaken as to Lieutenant Maitland's person, and that he now saw the matter in a different light to what he did at first. He also said, that the letter, No. 1, should be expunged from the orderly books; and that if Lieutenants Forbes and Maitland would offer some slight apology, he would endeavour to get the latter reinstated in his appointment. The apology was positively refused.
"Upon a candid consideration of the preceding circumstances, it will not excite surprise when we state, that alarm and indignation were excited in the minds of the officers. The false aspersions cast upon their characters might have tended to have lowered them in the opinion of the men, ignorant as they must have been of the circumstances which occasioned it. The two officers were naturally supposed to have been selected for some punishment, as Colonel Innes had publicly declared that such was the intention by their being appointed to those commands. At any rate, their feelings had been wounded by the severe reflections against them, contained in the letter of the Commander-in-Chief, which was published to the regiment. A court martial had been positively refused to the application of one of those injured officers, which was the only means he knew to clear up his character before the world.
"All the circumstances above stated took place previous to the 10th of June. We afterwards found that two more detachments were ordered from the Madras European regiment, to act as marines. We found that the officers of various stations concurred in opinion with the officers of this garrison regarding the illegality of the order respecting Lieutenants Forbes and Maitland, and the unjust treatment experienced by the Madras European regiment in general; and we heard from different quarters, that it really was intended to disband the regiment, which circumstances rendered extremely probable. On the arrival, therefore, of the Piedmontese and Samarang ships of war, a deputation from the officers of the garrison waited upon Colonel Innes, and requested him to suspend the execution of the orders regarding the three detachments of marines, until we had made a representation on the subject to the Commander-in-Chief, for the decision of the Honourable the Governor in Council. With this request he positively refused to comply, and threatened to enforce obedience to his orders by an appeal to the men. Next day he seemed determined to abide by the resolution he had expressed to the deputation, but appeared to be sensible that the officers ordered to act as marines would not be allowed to embark, and that the men respected their officers too much to go without them.
"He therefore stated, his determination to carry his orders into execution, with the assistance of the detachments of H. M. 59th regiment, the artillery, and a body of men which he said would be landed from H. M. ships then in the roads, as more particularly mentioned in the reasons signed by the deputation, and forwarded to head-quarters by Major Storey, with his official account of what occurred here on the 25th June."
[APPENDIX]
TO THE
STATEMENT OF LIEUT.-COLONEL INNES.
Copy of regimental Orders published by Lieutenant-Colonel
Innes in the Orderly Book of the Madras
European Regiment.
R. O. BY LIEUTENANT-COLONEL INNES.
Masulipatam, 22d May, 1809.
Lieutenant David Forbes, of the Madras European regiment, is appointed to command at Condapilly, and directed to proceed to that station in the course of twenty-four hours after the publication of this order. The officer now in command of that garrison is directed to join his corps on being relieved by Lieutenant Forbes, who will not be permitted to be absent from Condapilly unless it becomes necessary for his health.
The following letter is published for the information of the officers of the Madras European regiment, in conformity with which Lieutenant Maitland is removed from the appointment of quarter-master, and Lieutenant Fenwick is appointed to act as quarter-master, and to take charge of the office immediately, till further orders.
To the Officer Commanding, or Senior Officer in charge of the Madras European Regiment.
Sir,
It having come to the knowledge of the officer commanding the army, that conduct highly indecorous, and contrary to every principle of military subordination, was observed at the mess of the Madras European regiment on the 7th instant, and that Lieutenant David Forbes and Lieutenant and Quarter-Master Maitland were the authors and supporters of it, I am directed to desire that you will express to the officers of the M. E. regiment the officer commanding the army's highest disapprobation of such conduct; and inform them, that a repetition of such irregularity will involve the whole corps in the severest penalty to which such insubordinate proceedings are liable; but which, however, from the benefit of your example, the officer commanding the army is yet disposed to think it will be unnecessary to resort to. Notwithstanding this hope, the officer commanding the army feels himself called upon to mark, by a suitable example, the authors of the exceptionable conduct that has come to his notice; and, with that view, has taken upon himself to anticipate the sanction of the Honourable the Governor in Council for the removal of Lieutenant Maitland from the situation of quarter-master of the Madras European regiment. For this purpose, I am directed by the officer commanding the army to desire that you will remove Lieutenant Maitland from the charge of the appointment of quarter-master of the regiment, and that you will yourself appoint to succeed him the subaltern officer whose conduct you most approve, and forward his name to this office, that the officer commanding the army may recommend to Government to confirm your selection. Lieutenant David Forbes you will be pleased to appoint to command at Condapilly, and direct him to proceed in twenty-four hours after the publication of your orders, directing the officer now there to return to join his corps. And it is the officer commanding the army's further orders, that Lieutenant Forbes may not be permitted to be absent from Condapilly, unless it become necessary for his health.
(Signed) J. H. S. CONWAY,
Adjutant-General.
Adjutant-General's Office,
17th May, 1809.