2. This order is confined to the Indian Army.
3. The punishment of working on the roads is long obsolete.
4. The author spells this word 'sipahee'. I have thought it better to use throughout the now familiar corruption.
5. The ordinary infantry pay was raised from seven to nine rupees in 1895.
6. General Orders by the Commander-in-Chief of the 5th of January, 1797, declare that no sepoy or trooper of our native army shall be dismissed from the service by the sentence of any but a general court martial. General Orders by the Commander-in-Chief, Lord Combermere, of the 19th of March, 1827, declare that his Excellency is of opinion that the quiet and orderly habits of the native soldiers are such that it can very seldom be necessary to have recourse to the punishment of flogging, which might be almost entirely abolished with great advantage to their character and feelings; and directs that no native soldier shall in future be sentenced to corporal punishment unless for the crime of stealing, marauding, or gross insubordination, where the individuals are deemed unworthy to continue in the ranks of the army. No such sentence by a regimental, detachment, or brigade court martial was to be carried into effect till confirmed by the general officer commanding the division. When flogged the soldier was invariably to be discharged from the service.
A circular letter from the Commander-in-Chief, Lord Combermere, on the 16th of June, 1827, directs that sentence to corporal punishment is not to be restricted to the three crimes of theft, marauding, or gross insubordination; but that it is not to be awarded except for very serious offences against discipline, or actions of a disgraceful or infamous nature, which show those who committed them to be unfit for the service; that the officer who assembles the court may remit the sentence of corporal punishment, and the dismissal involved in it; but cannot carry it into effect till confirmed by the officer commanding the division, except when an immediate example is indispensably necessary, as in the case of plundering and violence on the part of soldiers in the line of march. In all cases the soldier who has been flogged must be dismissed.
A circular letter by the Commander-in-Chief, Sir E. Barnes, 2nd of November, 1832, dispenses with the duty of submitting the sentence of regimental, detachment, and brigade courts martial for confirmation to the general officer commanding the division; and authorizes the officer who assembles the court to carry the sentence into effect without reference to higher authority; and to mitigate the punishment awarded, or remit it altogether; and to order the dismissal of the soldier who has been sentenced to corporal punishment, though he should remit the flogging, 'for it may happen that a soldier may be found guilty of an offence which renders it improper that he should remain any longer in the service, although the general conduct of the man has been such that an example is unnecessary; or he may have relations in the regiment of excellent character, upon whom some part of the disgrace would fall if he were flogged.' Still no court martial but a general one could sentence a soldier to be simply dismissed. To secure his dismissal they must first sentence him to be flogged.
On the 24th of February, 1835, the Governor-General of India in Council, Lord William Bentinck, directed that the practice of punishing soldiers of the native army by the cat-o'-nine-tails, or rattan, be discontinued at all the presidencies; and that henceforth it shall be competent to any regimental, detachment, or brigade court martial to sentence a soldier of the native army to dismissal from the service for any offence for which such soldier might now be punished by flogging, provided such sentence of dismissal shall not be carried into effect unless confirmed by the general or other officer commanding the division.'
For crimes involving higher penalties, soldiers were, as heretofore, committed for trial before general courts martial.
By Act 23 of 1839, passed by the Legislative Council of India on the 23rd of September, it is made competent for courts martial to sentence soldiers of the native army in the service of the East India Company to the punishment of dismissal, and to be imprisoned, with or without hard labour, for any period not exceeding two years, if the sentence be pronounced by a general court martial; and not exceeding one year, if by a garrison or line court martial; and not exceeding six months, if by a regimental or district court martial. Imprisonment for any period with hard labour, or for a term exceeding six months without hard labour, to involve dismissal. Act 2 of 1840 provides for such sentences of imprisonment being carried into execution by magistrates or other officers in charge of the gaols. [W. H. S.]