“September 2, 1835.
* * * “All provosts and their assistants are empowered to inflict summary punishment on the breech to the amount of twenty-four lashes, according to the degree of the offence, on soldiers and followers of the army committing offences against discipline, plundering, drunkenness, violence, and, in short, everything tending to the subversion of good order in the army. The provost must either witness the offence himself or have it from the evidence of competent eye witnesses; the punishment in every case to be inflicted on the spot or near the same.”
[27].
“G. O. Head Quarters, Frenada,
“November 1, 1811.
“The office of Provost Marshal has existed in all British armies in the field * * * his authority must be limited by the necessity of the case, and whatever be the crime of which a soldier may be guilty, the Provost Marshal has not the power of inflicting summary punishment for it unless he should see him in the act of committing it. If he should not see him in the act of committing it, he is directed to report the offence to the Commander-in-chief of the army, in order that the soldier be tried, and evidence adduced against him. Further the Commander of the Forces desires that it may be clearly understood that no officer whatever has a right to order the Provost Marshal, or his assistants, to exercise the authority intrusted to them; nor can the Provost Marshal, or his assistants, inflict punishment on any man, except they should see him in the act of committing a breach of orders and discipline. Their duty is, by vigilance and activity, to prevent those breaches which the Commander of the Forces is sorry to observe are too common, and to punish those they may catch in the act.”
[28]. I feel bound, before quitting the subject, to declare it as my opinion that the bread was not actually poisoned; the materials of which it was made, no doubt, were of the worst description, of which the colour, which was of the most disheartening black, gave every proof; when two days old it would be as hard almost as wood, and in another similar lapse of time, it would mildew, and become green as old copper. The men, however, who were not taken ill, always fed upon it, from necessity; while most of the officers, who were served with good white bread (but at a less ration), were equally attacked by the sickness. The baker, therefore, in this respect, did no more than what our own contractors would have done, and which the abominable quality of almost everything sent us went to testify. That he conspired to favour Don Carlos’s cause I have no doubt, and the punishment was necessary, and a wholesome one.
[29]. There were seven brothers of the Cummings in our first battalion Rifle Brigade; the above Allan was sergeant in the band, and was killed at Vittoria 21st June, 1813.
[30]. This I was informed by the surgeon who dressed them afterwards.
[31]. Vide first article of conditions of service: