APPENDIX (2)

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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.


No. II.

Copy of a Letter addressed to Lieutenant Nixon,
Adjutant of the Madras European Regiment.

Dear Sir,

I previously intimated to you, and some of the other officers of the corps, that I would not report what passed on the 7th instant at the mess officially. That I mentioned the circumstances privately, I acknowledge, knowing that if I omitted to do so, other accounts would soon reach Madras. I have now stated the circumstances officially to head-quarters.

Yours truly,
(Signed) J. INNES, M. E. Regt.

Masulipatam,
24th May, 1809.


No. III.

Copy of an Application from Lieutenant D. Forbes
for a Court Martial.

TO LIEUTENANT-COLONEL INNES, COMMANDING THE MADRAS EUROPEAN REGIMENT.

Sir,

As the information which the officer commanding the army in chief has received of my conduct at the regimental mess on the evening of the 7th instant must have been extremely incorrect; in vindication of my character, I have requested, in the accompanying letter, a public investigation, and beg you will forward it to the Adjutant-General of the army.

(Signed) D. FORBES,
Lieutenant of the Madras
European Regiment.

Masulipatam,
22d May, 1809.


TO THE ADJUTANT-GENERAL OF THE ARMY.

Sir,

Having been accused, in the copy of a letter from you, published in regimental orders of the 22d instant, of being one of the "authors and supporters of conduct highly indecorous, and contrary to every principle of military subordination," I beg leave to request, that I may be allowed the privilege of being allowed attempting to prove my innocence of that most serious charge before a general court martial; and I have to request that you will lay this my desire before the officer commanding the army in chief.

(Signed) D. FORBES,
Lieutenant of the Madras
European Regiment.

Masulipatam,
22d May, 1809.


Letter from Lieutenant-Colonel Innes to the
Adjutant-General of the Army
.

Fort St. George.
Sir,

I have the honour herewith to transmit to you an official note, received last night, from Lieutenant D. Forbes of the Madras European regiment, with one to your address; both of which I request may be submitted to the Commander-in-Chief.

If Lieutenant Forbes's application is complied with, every young officer under my command will soon be making similar applications to head-quarters.

The gross and public disrespect shown by Lieutenants D. Forbes and Maitland, of the Madras European regiment, at the regimental mess of that corps, on the night of the 7th instant, so derogatory to the dignity of the Honourable the Governor in Council and Commander-in-Chief, from the observations made by these officers on the Government orders and those of the Commander-in-Chief, then received, dated 1st May; as also on the steady conduct of the native troops at Hyderabad, which was instantly noticed by me, calling upon Lieutenant D. Forbes to change the toast he proposed from the friends of the army to that of the Madras army, which was pointedly rejected, and the former one repeated, with three times three, obliging me to quit the mess-room; and for which improper conduct Lieutenants Forbes and Maitland subsequently declined to make an apology. I therefore feel it now my duty to report the circumstance officially, for the information of the Honourable the Governor in Council, and Commander-in-Chief.

(Signed) JAMES INNES,
Lieut.-Colonel commanding at
Masulipatam.

Masulipatam,
24th May, 1809.


Letter from the Adjutant-General to the Officer
commanding the Northern Division of the Army.

Sir,

The officer commanding the army requests you will nominate Lieutenant Maitland, of the Madras European regiment, to the command of the detachment of that corps ordered to serve as marines on board his Majesty's ship the Fox; and that you will direct Lieutenant D. Forbes, of the Madras European regiment, to proceed forthwith to the Presidency, for the purpose of embarking for Prince of Wales Island, to take charge of the corps doing duty there.

(Signed) J. H. CONWAY,
Adjutant-General.

Adjutant-General's Office,
27th May, 1809.


No. IV.

Copy of the Reply to the Application of Lieutenant
D. Forbes.

>TO LIEUTENANT D. FORBES, MADRAS EUROPEAN REGIMENT.

Sir,

I have the honour to annex, for your information, extract of a letter received from the officer commanding the army in chief.

(Signed) J. INNES,
Lieut.-Colonel in Charge of the
Northern Division of the
Army.

Masulipatam,
5th June, 1809.


Extract, dated Adjutant-General's Office,
31st May, 1809
.

"In reply to Lieutenant Colonel Innes's letter of the 24th instant, I have the honour to inform you, that Lieutenant D. Forbes's letter, applying to be tried by a general court martial, has been submitted to the officer commanding the army, who deems that officer's request inadmissible."

(A true extract.)
(Signed) J. INNES,

Lieut.-Colonel in Charge of the Northern Division of the Army.


No. V.

Memorandum written in the Presence of Colonel
Innes, and dictated by him.

"1st. Provided I (Lieutenant Spankie) do not accept of the situation of quarter-master to the Madras European regiment, I must be brought to a court martial for disobedience of orders.

"2dly. If I (Lieutenant S.) still persist in refusing the situation, the regiment will be reduced, and every officer not on the general staff placed on half-pay.

"3dly. In the event of my accepting this situation, other plans of a much more pleasant nature have been in contemplation for the regiment, which the officers seem determined to put a stop to."


No. VI.

Copy of a Letter from Lieutenant-Colonel Innes
to Lieutenant Spankie.

My dear Sir,

I believe I forgot to remark, that your situation and Lieutenant Fennick's are very different now. Under existing circumstances it was equally proper for him to decline accepting of the quarter-mastership, as it is absolutely proper and necessary that you should accede to the General's wishes, to serve a whole regiment. Think of this.

Yours truly,
(Signed) J. INNES.

No. VII.

Copy of a Letter from Lieutenant Spankie to the
Honourable Sir
G. Barlow, Bart. K. B. Governor
in Council, Fort St. George
.

Honourable Sir,

I have the honour to request you to accept my resignation of the situation of quarter-master of the Madras European regiment. I have signed an official paper, in which I have declared, that I conceive Lieutenant Maitland has been removed from his appointment in consequence of an erroneous report of his conduct having come to the knowledge of the Commander-in-Chief, and this is still my decided opinion. On this account, and to prevent my being removed on private information, without having an opportunity of getting my conduct publicly investigated, I hope you will do me the favour to comply with my most earnest request to be permitted to relinquish a situation which I cannot hold, and at the same time retain the good opinion of my brother officers.

(Signed) J. S. SPANKIE,
Lieutenant of the Madras
European Regiment.

No. VIII.

Copy of a Letter from Lieutenant Maitland to
Lieutenant-Colonel
Innes.

Sir,

I have this moment understood that you have found it necessary to report my conduct to the Commander-in-Chief. As I am not conscious of any misconduct, it is probable I may have something to allege in my defence; I therefore beg leave to request a copy of your report, or at least to be made acquainted with its purport.

(Signed) G. G. MAITLAND,
Lieutenant of the Madras European
Regiment.

Masulipatam,
24th May, 1809.


No. IX.

Copy of a Letter from Lieutenant-Colonel Innes to
Lieutenant
Maitland.

Sir,

Under existing circumstances, I deem your application inadmissible. Government will be guided by my report of this day, and will decide accordingly. So far as relates to yourself, you may apply to the Adjutant-General of the army for a copy. I am left to regret that you and Lieutenant Forbes did not make the required apology for your conduct on the 7th instant. Had you done so, as I requested, private information would not have been acted upon, as far as I know. Matters must now take their course. I will still forward any explanations you may state to me with respect to the observations you made at the mess on the 7th instant, so publicly, with respect to the Nizam's detachment, and officers who are not friends of the army.

(Signed) J. INNES, Lieut.-Col.

No. X.

Copy of a Letter from Lieutenant Maitland to
Lieutenant-Colonel
Innes.

Sir,

I am sorry that circumstances exist to subject me to be condemned unheard for a time. I hope Government will not decide upon your report until I have an opportunity of defending myself; which, according to your letter, I must look for from the Adjutant-General of the army. Until I received your letter this day, I never knew for what words or actions of mine an apology was required; or I most solemnly deny ever having given any opinion, in any way, regarding the Nizam's detachment and its officers, that night, or at any other time, in your presence.

(Signed) G. G. MAITLAND,
Lieutenant of the Madras European
Regiment.

Masulipatam,
24th May, 1809.


No. XI.

Copy of a Letter from the Officers of the Madras
European Regiment to the Adjutant-General of
the Army.

Sir,

It was with the most extreme concern that in our regimental orders of the 22d instant we found a copy of a letter from you, by which we were informed, that it had come to the knowledge of the officer commanding the army, that conduct highly indecorous, and contrary to every principle of military subordination, had been observed at the mess of the Madras European regiment on the 7th instant. We beg leave to assure you, for the information of Major-General Gowdie, that it appears to us that the account he has received of the conduct of those officers, who were present at the mess on that evening, must have been erroneous.

We cannot help lamenting that such a stigma on the character of so numerous a body of officers as we form, should have been thus publicly thrown out, before we had been furnished with a copy of the report that has been made against us.

We have seen, with the deepest regret, two of our brother officers punished, without being specifically informed what part of their conduct at the regimental mess induced the officer commanding the army to suppose them to have been guilty of the serious crime with which they are charged; and we naturally feel considerable apprehension lest "the whole corps should," in a similar manner, "be involved in the severest penalty to which insubordinate proceedings are liable." We trust, therefore, that you will state to Major-General Gowdie our confident hope that he will have the goodness to direct us to be furnished with a copy of the information which he has received regarding the conduct observed at the mess on the night of the 7th instant. When we receive this, we have no doubt of being able to convince the officer commanding the army in chief, that the conduct of those who were present on that occasion did by no means merit the severe censure with which it has been marked.

Masulipatam,
27th May, 1809.


Letter from Lieutenant-Colonel Innes to the
Adjutant-General of the army
.

Sir,

I have the honour to forward to you an address from the officers of my corps, which they wish to be submitted to the Commander-in-Chief.

To elucidate the subject, I now transmit a copy of my note written to the officers of my corps the moment I got their letter yesterday; and when I receive the document called for, it shall be handed to you directly, with every comment I deem requisite to make on it. They go herewith.

(Signed) JAMES INNES,
Lieut.-Col. M. E. regiment, in
charge N. D. of the army.

Masulipatam,
28th May, 1809.


Copy of a Letter from the Adjutant-General to
the Officer commanding the Northern Division of
the Army.

Sir,

I have had the honour to submit your letter of the 28th ult. with its enclosures, to the officer commanding the army, by whom I am directed to acquaint you, that he regrets you should have entered into any correspondence with the officers of the M. E. regiment on the subject, or deemed it necessary to forward their letter to head-quarters, as his decision was not adopted without due consideration, and is final.

If Lieutenant Forbes's presence is required by the Court of Inquiry now sitting at Masulipatam, you will be pleased to order him to attend.

(Signed) J. H. CONWAY,
Adjutant-General.

Adjutant-General's Office,
8th June, 1809.
(True Copies.)


No. XII.

Copy of a Letter from Lieutenant-Colonel Innes to
Lieutenant and Adjutant
Nixon.

Sir,

I have the honour to acknowledge the receipt of an address from the officers of the Madras European regiment to the Adjutant-General of the army, which shall be forwarded to be submitted to the officer commanding the army in chief. I have therefore to direct, that a statement of the circumstances which passed on the 7th instant in the mess-room of the Madras European regiment, may be made out by the gentlemen of the corps now present, who dined at the mess-room on that day, which obliged me to quit the mess-room of the corps. No apology was ever subsequently made to me, although required and expected, by Lieutenants D. Forbes and Maitland, (as it was their duty to do,) for the pointed disrespect shown by them to the dignity of the Honourable the Governor in Council, and Commander-in-Chief, in my presence, their immediate commanding officer.

(Signed) J. INNES,
Lieut.-Col. M. E. regiment, in
charge N. D. of the army.

Masulipatam,
27th May, 1809.


No. XIII.

Copy of the Reply of the Officers of the Madras European Regiment to the above Letter.

TO LIEUTENANT-COLONEL INNES,
COMMANDING THE MADRAS EUROPEAN REGIMENT.

Sir,

Agreeably to your orders, communicated to us by Lieutenant and Adjutant Nixon, we have the honour to state, that we were present at the regimental mess on the evening of the 7th instant, and that it was with considerable astonishment we observed you leave the mess so abruptly. We are unable to say what was the occasion of your doing so. "The friends of the army" was proposed as a toast, and we conceived it to be one that would not have been objected to; but as you wished to alter it, and rose from table when it was about to be drank, we conjectured it had given you offence, and that it was on this account you left the mess. So far from observing any pointed disrespect, we did not notice any disrespect whatever, shown by Lieutenant D. Forbes or Lieutenant Maitland to the dignity of the Governor in Council, and Commander-in-Chief, in your presence; and until we see the account you have forwarded on the subject to head-quarters, we shall be at a loss to suppose what part of their conduct on the night alluded to appeared to you to be exceptionable.

Signed by all the Officers present
with the mess on the 7th instant.

Substance of the Deposition of Lieutenant Nixon,
Adjutant.

Lieutenant and Adjutant Nixon informs Lieutenant-Colonel Malcolm, that the best opinion he can form, from his communication with confidential men, is, that the non-commissioned, rank and file, of the Madras European regiment, were alarmed in consequence of the measures adopted towards their officers, Lieutenants D. Forbes and Maitland, and the threat held out in the Adjutant-General's letter, (published in the regimental orderly book,) lest the most severe penalty might be inflicted on the regiment; conjecturing that they must either be disbanded, transported, or other ways disposed of, by way of punishment, on a repetition of similar conduct of their officers. To use their own expression, it was a general saying, "that they might as well order out one of us to be flogged or hanged up:" and certainly, in my opinion, from that period great discontent prevailed amongst the men. This discontent considerably increased from the order respecting the marines nominating Lieutenant Maitland in particular, and directing Lieutenant D. Forbes to proceed to Penang; and afterwards by two other detachments being ordered on marine service, to which they said, that they did not enlist to come to India as marines. They were also led to believe, from the ship's boat that landed here, that no marines were required for the ships in the roads, but that they wanted seamen only, and consequently supposed they were to be turned over to the navy. These points were most deeply impressed upon their minds by a communication which was believed to have come from the high authority of the Commander-in-Chief, that the regiment was to be disbanded, and the officers put on half pay, in case Lieutenant Spankie should not accept of the station of quarter-master.

Lieutenant Nixon further states, that considerable discontent exists in consequence of the great number of men in the regiment who enlisted for general service, "time unlimited," prior to Mr. Windham's act; and that they consider it a hardship that they should not be admitted to the full benefit of the act in point of limited service.

Another cause of discontent is, that the regiment has not its tour of duty in the field, and change of station, with his Majesty's corps.

Masulipatam,
21st July, 1809.


No. XIV.

Extract from a Letter dated 28th May, 1809.

TO LIEUTENANT NIXON,
ADJUTANT MADRAS EUROPEAN REGIMENT.

Sir,

I have the honour to acknowledge the receipt of your note of this day's date, with the statement I thought proper to order to be made out in my note of last night to you, for the information of the officer commanding the army in chief. I shall now merely confine myself to remarking to the officers whose names appear to the letter now received, that had they not made observations on the late general orders of the Honourable the Governor in Council and Commander-in-Chief, and remarks on the steady conduct of the officers of the subsidiary force at Hyderabad, as also on officers "in the army" who are not the friends of the army, I should not have quitted the table at mess-room merely because "the friends of the army" was proposed as a toast, which I requested might be changed to the Madras army; and when not acceded to, I felt myself called upon to quit the mess-room. Very fortunately there were many strangers present at dinner, as well as myself, whose recollection of what passed on that day may be able to elucidate this subject, should the Honourable the Governor in Council and Commander-in-Chief deem it requisite to call upon them for this purpose.

(Signed) JAMES INNES,
Lieut.-Col. M. E. Regiment, in
charge N. D. of the Army.

Extract from Division Orders, by Lieutenant-Colonel
Innes, dated 1st June, 1809.

"A detail, consisting of a subaltern, 2 sergeants, 2 corporals, and 30 privates, belonging to the Madras European regiment, to be held in readiness to embark at a short notice on board the Fox frigate, to serve as marines. The officer commanding the Madras European regiment will give the requisite orders for the equipment of the above detail, which Lieutenant Maitland is appointed to command.

"Lieutenant D. Forbes of the Madras European regiment is relieved from the command of Condapillee, and directed to proceed forthwith to the Presidency, for the purpose of embarking for Prince of Wales's Island, to take charge of the detail of the corps doing duty there.

"Ensign Dickson, 1st battalion 19th regiment native infantry, is reappointed to command at Condapillee, and directed to proceed to that station with the least delay, to relieve Lieutenant D. Forbes of the Madras European regiment. The detail above named is to be struck off garrison duty.

(Signed) "JAMES INNES,
"Lieutenant-Colonel, in charge
of the N. D. of the Army."

Extract from Regimental Orders.

"Madras European Regiment, 2d June, 1809.

"A roll of the detail ordered on board the Fox frigate, to serve as marines, to be sent to the paymaster, to enable him to furnish them with a pay certificate. The roll alluded to, when ready, is to be inserted in the regimental orderly book. Every thing requisite from the regimental stores to equip the detail, is to be indented for directly, that the whole may be prepared to embark at an hour's notice. Pay is ordered to be issued to the detail alluded to above.

"The commanding officer has approved of the arrangement made for the detail directed to embark; but as Lieutenant Maitland has expressed a wish to the adjutant to make some exchanges of the non-commissioned officers, accedes to the wishes of Lieutenant Maitland, provided the officers commanding the companies to whom they belong consent to the exchange; otherwise those already ordered will go."

Extract from General Orders, 2d June.

"Pay in advance for June, and arrears for May, to be issued to the troops under orders of embarkation in the course of this day, to enable them to prepare for their passage to the Presidency in the Fox frigate."


Extract from Regimental Orders, Madras European
Regiment, dated 3d June, 1809
.

"The adjutant will furnish Lieutenant Maitland with a roll of his detachment; and officers commanding companies are directed to send to that officer the pay advanced (as in yesterday's orders) for the detachment ordered as marines."


Extract from Division Orders, by Lieutenant-Colonel
Innes.

"Lieutenant Dixon of the 1st battalion 19th regiment native infantry, having joined his corps this morning with the detachment from Condapillee, is directed to resume the command of that station to morrow, to relieve Lieutenant D. Forbes, in conformity with the Division Orders of the 1st instant, and will be provided with a passport by the acting fort-adjutant.

(Signed) "JAMES INNES,
"Lieutenant-Colonel, in charge
of the N. D. of the Army."

"Masulipatam,
"5th June, 1809."


Extract from Regimental Orders, Madras European Regiment, June 6th, 1809.

"The commanding officer having taken upon himself to grant family certificates to the detail ordered on board his Majesty's ship Fox, Lieutenant Maitland is requested to refer to the last order issued upon this subject, which it will be requisite to attend minutely, to prevent retrenchments hereafter."


Extract from Division Orders, by Lieutenant-Colonel
Innes, 7th June, 1809.

"The detail ordered from the Madras European regiment is now reduced to 1 subaltern, 1 sergeant, 1 corporal, 1 drum, and 26 privates,—in all 30,—to be held in readiness to embark at a moment's notice on board the Samarang sloop of war, hourly expected.

(Signed) "J. INNES,
"Lieutenant-Colonel, in charge
of the N. D. of the Army."

Extract from Garrison Orders, 13th June, 1809.

"Lieutenant D. Forbes of the Madras European regiment being summoned as an evidence, by an Ensign Baker, to attend the Court of Inquiry ordered to assemble for the purpose of investigating the conduct of Ensign Baker, Lieutenant D. Forbes is consequently directed to remain here till further orders."


Extract from Garrison Orders, 20th June, 1809.

"The detail from the Madras European regiment, ordered to be held in readiness to serve as marines on board the Samarang sloop of war, are directed to join their respective companies, and to do garrison duty till further orders; but to be considered as under Division Orders to embark on a short notice."


Extract from Division Orders by Lieutenant-Colonel
James Innes, dated 23d June, 1809.

"Two detachments from the Madras European regiment to be held in readiness to embark, at a short notice, on board of such of his Majesty's ships as may be prepared to receive them, to serve as marines, and to consist of the following strength; viz.

"One detachment, to be composed of 1 lieutenant, 2 sergeants, 3 corporals, and 35 privates; making a total of 41.

"The other, of 1 lieutenant, 1 sergeant, 2 corporals, and 27 privates—31 total. Such men as wish to have family certificates are to be provided with them by the officers under whose command they may be placed immediately.

"No time being fixed for the embarkation of the above details, they are to be considered on the strength of the garrison, (as also Lieutenant Maitland's party,) till further orders.

(Signed) "JAMES INNES,
"Lieutenant-Colonel, in charge
of the N. D. of the Army."

Extract from Regimental Orders,
June 24th, 1809
.

"Lieutenants Lawless and Carbery to indent for ammunition and every thing requisite to complete their respective detachments directly.

"Should Lieutenant-Colonel Innes receive any additional information from the ships, he will write to Lieutenant Nixon instantly."


Substance of a Verbal Declaration made by
Major
Storey.

Major Storey declared to Lieutenant-Colonel Malcolm, that he was fully satisfied, that if Lieutenant-Colonel Innes had persisted in the plan he adopted for the coercion of the garrison, there must have been immediate bloodshed; and he (Major Storey) was assured, from what he knew of the general temper of the officers of the Company's army at the moment, that such an occurrence, whatever was its issue, would have produced an insurrection against the authority of Government in many other quarters. This belief, Major Storey declares, was the chief motive that made him take the step he did.

FINIS.

J. MOYES, PRINTER,
Greville Street, Hatton Garden, London.


                                                                                                                                                                                                                                                                                                           

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