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CHAPTER 76

ON THE SPIRIT OF MILITARY DISCIPLINE IN THE NATIVE ARMY OF INDIA

Abolition of Corporal Punishment—Increase of Pay with Length of Service—Promotion by Seniority.

The following observations on a very important and interesting subject were not intended to form a portion of the present work.1084 They serve to illustrate, however, many passages in the foregoing chapters touching the character of the natives of India; and the Afghan war having occurred since they were written, I cannot deny myself the gratification of presenting them to the public, since the courage and fidelity, which it was my object to show the British Government had a right to expect from its native troops and might always rely upon in the hour of need, have been so nobly displayed.

I had one morning (November 14th, 1838) a visit from the senior native officer of my regiment, Shaikh Mahūb Alī, a very fine old gentleman, who had recently attained the rank of 'Sardār Bahādur', and been invested with the new Order of British India.1085 He entered the service at the age of fifteen, and had served fifty-three years with great credit to himself, and fought in many an honourable field. He had come over to Jubbulpore as president of a native general court-martial, and paid me several visits in company with another old officer of my regiment who was a member of the same court. The following is one of the many conversations I had with him, taken down as soon as he left me.

'What do you think, Sardār Bahādur, of the order prohibiting corporal punishment in the army; has it had a bad or a good effect?'

'It has had a very good effect.'

'What good has it produced?'

'It has reduced the number of courts martial to one-quarter of what they were before, and thereby lightened the duties of the officers; it has made the good men more careful, and the bad men more orderly than they used to be.'

'How has it produced this effect?'

'A bad man formerly went on recklessly from small offences to great ones in the hope of impunity; he knew that no regimental, cantonment, or brigade court martial could sentence him to be dismissed the service; and that they would not sentence him to be flogged, except for great crimes, because it involved at the same time dismissal from the service. If they sentenced him to be flogged, he still hoped that the punishment would be remitted. The general or officer confirming the sentence was generally unwilling to order it to be carried into effect, because the man must, after being flogged, be tumed out of the service, and the marks of the lash upon his back would prevent his getting service anywhere else. Now he knows that these courts can sentence him to be dismissed from the service—that he is liable to lose his bread for ordinary transgressions, and be sentenced to work on the roads for graver ones.1086 He is in consequence much more under restraint than he used to be.'

'And how has it tended to make the well-disposed more careful?'

'They were formerly liable to be led into errors by the example of the bad men, under the same hope of impunity; but they are now more on their guard. They have all relations among the native officers, who are continually impressing upon them the necessity of being on their guard, lest they be sent back upon their families—their mothers and fathers, wives and children, as beggars. To be dismissed from a service like that of the Company is a very great punishment; it subjects a man to the odium and indignation of all his family. When in the Company's service, his friends know that a soldier gets his pay regularly, and can afford to send home a very large portion of it. They expect that he will do so; he feels that they will listen to no excuse, and he contracts habits of sobriety and prudence. If a man gets into the service of a native chief, his friends know that his pay is precarious, and they continue to maintain his family for many years without receiving a remittance from him, in the hope that his circumstances may one day improve. He contracts bad habits, and is not ashamed to make his appearance among them, knowing that his excuses will be received as valid. If one of the Company's sepoys1087 were not to send home remittances for six months, some members of the family would be sent to know the reason why. If he could not explain, they would appeal to the native officers of the regiment, who would expostulate with him; and, if all failed, his wife and children would be tumed out of his father's house, unless they knew that he was gone to the wars; and he would be ashamed ever to show his face among them again.'

'And the gradual increase of pay with length of service has tended to increase the value of the service, has it not?'

'It has very much; there are in our regiment, out of eight hundred men, more than one hundred and fifty sepoys who get the increase of two rupees a month, and the same number that get the increase of one. This they feel as an immense addition to the former seven rupees a month.1088 A prudent sepoy lives upon two, or at the utmost three, rupees a month in seasons of moderate plenty, and sends all the rest to his family. A great number of the sepoys of our regiment live upon the increase of two rupees, and send all their former seven to their families. The dismissal of a man from such a service as this distresses, not only him, but all his relations in the higher grades, who know how much of the comfort and happiness of his family depend upon his remaining and advancing in it; and they all try to make their young friends behave as they ought to do.'

'Do you think that a great portion of the native officers of the army have the same feelings and opinions on the subject as you have?'

'They have all the same; there is not, I believe, one in a hundred that does not think as I do upon the subject. Flogging was an odious thing. A man was disgraced, not only before his regiment, but before the crowd that assembled to witness the punishment. Had he been suffered to remain in the regiment he could never have hoped to rise after having been flogged, or sentenced to be flogged; his hopes were all destroyed, and his spirit broken, and the order directing him to be dismissed was good; but, as I have said, he lost all hope of getting into any other service, and dared not show his face among his family at home.'

'You know who ordered the abolition of flogging?'

'Lord Bentinck.'1089

'And you know that it was at his recommendation the Honourable Company gave the increase of pay with length of service?'

'We have heard so; and we feel towards him as we felt towards Lord Wellesley, Lord Hastings, and Lord Lake.'

'Do you think the army would serve again now with the same spirit as they served under Lord Lake?'

'The army would go to any part of the world to serve such masters—no army had ever masters that cared for them like ours. We never asked to have flogging abolished; nor did we ever ask to have an increase of pay with length of service; and yet both have been done for us by the Company Bahādur.'

The old Sardār Bahādur came again to visit me on the 1st of December, with all the native officers who had come over from Sāgar to attend the court, seven in number. There were three very smart, sensible men among them; one of whom had been a volunteer at the capture of Java,1090 and the other[s] at that of the Isle of France.1091 They all told me that they considered the abolition of corporal punishment a great blessing to the native army. 'Some bad men who had already lost their character, and consequently all hope of promotion, might be in less dread than before; but they were very few, and their regiments would soon get rid of them under the new law that gave the power of dismissal to regimental courts martial.'

'But I find the European officers are almost all of opinion that the abolition of flogging has been, or will be, attended with bad consequences.'

'They, sir, apprehend that there will not be sufficient restraint upon the loose characters of the regiment; but now that the sepoys have got an increase of pay in proportion to length of service there will be no danger of that. Where can they ever hope to get such another service if they forfeit that of the Company? If the dread of losing such a service is not sufficient to keep the bad in order, that of being put to work upon the roads in irons will. The good can always be kept in order by lighter punishments, when they have so much at stake as the loss of such a service by frequent offences. Some gentlemen think that a soldier does not feel disgraced by being flogged, unless the offence for which he has been flogged is in itself disgraceful. There is no soldier, sir, that does not feel disgraced by being tied up to the halberts and flogged in the face of all his comrades and the crowd that may choose to come and look at him; the sepoys are all of the same respectable families as ourselves, and they all enter the service in the hope of rising in time to the same stations as ourselves, if they conduct themselves well; their families look forward with the same hope. A man who has been tied up and flogged knows the disgrace that it will bring upon his family, and will sometimes rather die than return to it; indeed, as head of a family he could not be received at home.1092 But men do not feel disgraced in being flogged with a rattan at drill. While at the drill they consider themselves, and are considered by us all, as in the relation of scholars to their schoolmasters. Doing away with the rattan at drill had a very bad effect. Young men were formerly, with the judicious use of the rattan, made fit to join the regiment at furthest in six months; but since the abolition of the rattan it takes twelve months to make them fit to be seen in the ranks. There was much virtue in the rattan, and it should never have been given up. We have all been flogged with the rattan at the drill, and never felt ourselves disgraced by it-we were shāgirds (scholars), and the drill-sergeant, who had the rattan, was our ustād (schoolmaster); but when we left the drill, and took our station in the ranks as sepoys, the case was altered, and we should have felt disgraced by a flogging, whatever might have been the nature of the offence we committed. The drill will never get on so well as it used to do, unless the rattan be called into use again; but we apprehend no evil from the abolition of corporal punishment afterwards. People are apt to attribute to this abolition offences that have nothing to do with it; and for which ample punishments are still provided. If a man fires at his officer, people are apt to say it is because flogging has been done away with; but a man who deliberately fires at his officer is prepared to undergo worse punishment than flogging.1093

'Do you not think that the increase of pay with length of service to the sepoys will have a good effect in tending to give to regiments more active and intelligent native officers? Old sepoys who are not so will now have less cause to complain if passed over, will they not?'

'If the sepoys thought that the increase of pay was given with this view, they would rather not have it at all. To pass over men merely because they happen to have grown old, we consider very cruel and unjust. They all enter the service young, and go on doing their duty till they become old, in the hope that they shall get promotion when it comes to their turn. If they are disappointed, and young men, or greater favourites with their European officers, are put over their heads, they become heart-broken. We all feel for them, and are always sorry to see an old soldier passed over, unless he has been guilty of any manifest crime, or neglect of duty. He has always some relations among the native officers who know his family, for we all try to get our relations into the same regiment with ourselves when they are eligible. They know what that family will suffer when they learn that he has no longer any hopes of rising in the service, and has become miserable. Supersessions create distress and bad feelings throughout a regiment, even when the best men are promoted, which cannot always be the case; for the greatest favourites are not always the best men. Many of our old European officers, like yourself, are absent on staff or civil employments; and the command of companies often devolves upon very young subalterns, who know little or nothing of the character of their men. They recommend those whom they have found most active and intelligent, and believe to be the best; but their opportunities of learning the characters of the men have been few. They have seen and observed the young, active, and forward; but they often know nothing of the steady, unobtrusive old soldier, who has done his duty ably in all situations, without placing himself prominently forward in any. The commanding officers seldom remain long with the same regiment, and, consequently, seldom know enough of the men to be able to judge of the justice of the selections for promotion. Where a man has been guilty of a crime, or neglected his duty, we feel no sympathy for him, and are not ashamed to tell him so, and put him down1094 when he complains.'

Here the old Sūbadār, who had been at the taking of the Isle of France, mentioned that when he was senior Jemadār of his regiment, and a vacancy had occurred to bring him in as Sūbadār, he was sent for by his commanding officer, and told that, by orders from headquarters, he was to be passed over, on account of his advanced age, and supposed infirmity. 'I felt,' said the old man, 'as if I had been struck by lightning, and fell down dead. The colonel was a good man, and had seen much service. He had me taken into the open air; and when I recovered, he told me that he would write to the Commander-in-Chief, and represent my case. He did so, and I was promoted; and I have since done my duty as Sūbadār for ten years.'1095

The Sardār Bahādur told me that only two men in our regiment had been that year superseded, one for insolence, and the other for neglect of duty; and that officers and sepoys were all happy in consequence—the young, because they felt more secure of being promoted if they did their duty; and the old, because, they felt an interest in their young relations. 'In those regiments,' said he, 'where supersessions have been more numerous, old and young are dispirited and unhappy. They all feel that the good old rule of right (hakk), as long as a man does his duty well, can no longer be relied upon.'

When two companies of my regiment passed through Jubbulpore a few days after this conversation on their way from Sāgar to Seoni, I rode out a mile or two to meet them. They had not seen me for sixteen years, but almost all the native commissioned and non- commissioned officers were personally known to me. They were all very glad to see me, and I rode along with them to their place of encampment, where I had ready a feast of sweetmeats. They liked me as a young man, and are, I believe, proud of me as an old one. Old and young spoke with evident delight of the rigid adherence on the part of the present commanding officer, Colonel Presgrave, to the good old rule of 'hakk' (right) in the recent promotions to the vacancies occasioned by the annual transfer to the invalid establishment. We might, no doubt, have in every regiment a few smarter native officers by disregarding this rule than by adhering to it; but we should, in the diminution of the good feeling towards the European officers and the Government, lose a thousand times more than we gained. They now go on from youth to old age, from the drill to the retired pension, happy and satisfied that there is no service on earth so good for them.1096 With admirable moral, but little or no literary education, the native officers of our regiments never dream of aspiring to anything more than is now held out to them, and the mass of the soldiers are inspired with devotion to the service, and every feeling with which we could wish to have them inspired, by the hope of becoming officers in time, if they discharge their duties faithfully and zealously. Deprive the mass of this hope, give the commissions to an exclusive class of natives, or to a favoured few, chosen often, if not commonly, without reference to the feelings or qualifications we most want in our native officers, and our native army will soon cease to have the same feelings of devotion towards the Government, and of attachment and respect towards their European officers that they now have. The young, ambitions, and aspiring native officers will soon try to teach the great mass that their interest and that of the European officers and European Government are by no means one and the same, as they have been hitherto led to suppose; and it is upon the good feeling of this great mass that we have to depend for support. To secure this good feeling, we can well afford to sacrifice a little efficiency at the drill. It was unwise in one of the commanders-in-chief to direct that no soldier in our Bengal native regiments should be promoted unless he could read and write-it was to prohibit the promotion of the best, and direct the promotion of the worst, soldiers in the ranks. In India a military officer is rated as a gentleman by his birth, that is caste, and by his deportment in all his relations of life, not by his knowledge of books.

The Rājpūt, the Brahman, and the proud Pathān who attains a commission, and deports himself like an officer, never thinks himself, or is thought by others, deficient in anything that constitutes the gentleman, because he happens not to be at the same time a clerk. He has from his childhood been taught to consider the quill and the sword as two distinct professions, both useful and honourable when honourably pursued; and having chosen the sword, he thinks he does quite enough in learning how to use and support it through all grades, and ought not to be expected to encroach on the profession of the penman. This is a tone of feeling which it is clearly the interest of Government rather to foster than discourage, and the order which militated so much against it has happily been either rescinded or disregarded.

Three-fourths of the recruits of our Bengal native infantry are drawn from the Rājpūt peasantry of the kingdom of Oudh, on the left bank of the Ganges, where their affections have been linked to the soil for a long series of generations.1097 The good feelings of the families from which they are drawn continue through the whole period of their service to exercise a salutary influence over their conduct as men and as soldiers. Though they never take their families with them, they visit them on furlough every two or three years, and always return to them when the surgeon considers a change of air necessary to their recovery from sickness. Their family circles are always present to their imaginations; and the recollections of their last visit, the hopes of the next, and the assurance that their conduct as men and as soldiers in the interval will be reported to those circles by their many comrades, who are annually returning on furlough to the same parts of the country, tend to produce a general and uniform propriety of conduct, that is hardly to be found among the soldiers of any other army in the world, and which seems incomprehensible to those unacquainted with its source—veneration for parents cherished through life, and a never-impaired love of home, and of all the dear objects by which it is constituted.

Our Indian native army is perhaps the only entirely voluntary standing army that has been ever known, and it is, to all intents and purposes, entirely voluntary, and as such must be treated.1098 We can have no other native army in India, and without such an army we could not maintain our dominion a day. Our best officers have always understood this quite well; and they have never tried to flog and harass men out of all that we find good in them for our purposes. Any regiment in our service might lay down their arms and disperse to- morrow, without our having a chance of apprehending one deserter among them all.1099

When Frederick the Great of Prussia reviewed his army of sixty thousand men in Pomerania, previous to his invasion of Silesia, he asked the Prince d'Anhalt, who accompanied him, what he most admired in the scene before him.

'Sire,' replied the prince, 'I admire at once the fine appearance of the men, and the regularity and perfection of their movements and evolutions.'

'For my part,' said Frederick, 'this is not what excites my astonishment, since with the advantage of money, time, and care, these are easily attained. It is that you and I, my dear cousin, should be in the midst of such an army as this in perfect safety. Here are sixty thousand men who are all irreconcilable enemies to both you and myself', not one among them that is not a man of more strength and better armed than either, yet they all tremble at our presence, while it would be folly on our part to tremble at theirs—such is the wonderful effect of order, vigilance, and subordination.'

But a reasonable man might ask, what were the circumstances which enabled Frederick to keep in a state of order and subordination an army composed of soldiers who were 'irreconcilable enemies' of their Prince and of their officers? He could have told the Prince d'Anhalt, had he chose to do so; for Frederick was a man who thought deeply. The chief circumstance favourable to his ambition was the imbecility of the old French Government, then in its dotage, and unable to see that an army of involuntary soldiers was no longer compatible with the state of the nation. This Government had reduced its soldiers to a condition worse than that of the common labourers upon the roads, while it deprived them of all hope of rising, and all feeling of pride in the profession.1100 Desertion became easy from the extension of the French dominion and from the circumstance of so many belligerent powers around requiring good soldiers; and no odium attended desertion, where everything was done to degrade, and nothing to exalt the soldier in his own esteem and that of society.

Instead of following the course of events and rendering the condition of the soldier less odious by increasing his pay and hope of promotion, and diminishing the labour and disgrace to which he was liable, and thereby filling her regiments with voluntary soldiers when involuntary ones could no longer be obtained, the Government of France reduced the soldier's pay to one-half the rate of wages which a common labourer got on the roads, and put them under restraints and restrictions that made them feel every day, and every hour, that they were slaves. To prevent desertions by severe examples under this high- pressure System, they had recourse first to slitting the noses and cutting off the ears of deserters, and, lastly, to shooting them as fast as they could catch them.1101 But all was in vain; and Frederick of Prussia alone got fifty thousand of the finest soldiers in the world from the French regiments, who composed one-third of his army, and enabled him to keep all the rest in that state of discipline that improved so much its efficiency, in the same manner as the deserters from the Roman legions, which took place under similar circumstances, became the flower of the army of Mithridates.1102

Frederick was in position and disposition a despot. His territories were small, while his ambition was boundless. He was unable to pay a large army the rate of wages necessary to secure the services of voluntary soldiers; and he availed himself of the happy imbecility of the French Government to form an army of involuntary ones. He got French soldiers at a cheap rate, because they dared not return to their native country, whence they were hunted down and shot like dogs, and these soldiers enabled him to retain his own subjects in his ranks upon the same terms. Had the French Government retraced its steps, improved the condition of its soldiers, and mitigated the punishment for desertion during the long war, Frederick's army would have fallen to pieces 'like the baseless fabric of a vision'.

'Parmi nous,' says Montesquieu, 'les désertions sont fréquentes parce que les soldats sont la plus vile partie de chaque nation, et qu'il n'y en a aucun qui aie, ou qui croie avoir un certain avantage sur les autres. Chez les Romains elles étaient plus rares—des soldats tirés du sein d'un peuple si fier, si orgueilleux, si sūr de commander aux autres, ne pouvaient guère penser ā s' aviler jusqu'à cesser d'ētre Romains.'1103 But was it the poor soldiers who were to blame if they were 'vile', and had 'no advantage over others', or the Government that took them from the vilest classes, or made their condition when they got them worse than that of the lowest class in society? The Romans deserted under the same circumstances, and, as I have stated, formed the elite of the army of Mithridates and the other enemies of Rome; but they respected their military oath of allegiance long after perjury among senators had ceased to excite any odium, since as a fashionable or political vice it had become common.

Did not our day of retribution come, though in a milder shape, to teach us a great political and moral lesson, when so many of our brave sailors deserted our ships for those of America, in which they fought against us?1104 They deserted from our ships of war because they were there treated like dogs, or from our merchant ships because they were every hour liable to be seized like felons and put on board the former. When 'England expected every man to do his duty' at Trafalgar, had England done its duty to every man who was that day to fight for her? Is not the intellectual stock which the sailor acquires in scenes of peril 'upon the high and giddy mast' as much his property as that which others acquire in scenes of peace at schools and colleges? And have not our senators, morally and religiously, as much right to authorize their sovereign to seize clergymen, lawyers, and professors, for employment in his service, upon the wages of ordinary uninstructed labour, as they have to authorize him to seize able sailors to be so employed in her navy? A feeling more base than that which authorized the able seaman to be hunted down upon such conditions, torn from his wife and children, and put like Uriah in front of those battles upon which our welfare and honour depended, never disgraced any civilized nation with whose history we are acquainted.1105

Sir Matthew Decker, in a passage quoted by Mr. McCulloch, says, 'The custom of impressment put a freeborn British sailor on the same footing as a Turkish slave. The Grand Seignior cannot do a more absolute act than to order a man to be dragged away from his family, and against his will run his head against the mouth of a cannon; and if such acts should be frequent in Turkey upon any one set of useful men, would it not drive them away to other countries, and thin their numbers yearly? And would not the remaining few double or triple their wages, which is the case with our sailors in time of war, to the great detriment of our commerce?' The Americans wisely relinquished the barbarous and unwise practice of their parent land, and, as McCulloch observes, 'While the wages of all labourers and artisans are uniformly higher in the United States than in England, those of sailors are generally lower,' as the natural consequence of manning their navy by means of voluntary enlistment alone. At the close of the last war, sixteen thousand British sailors were serving on board of American ships; and the wages of our seamen rose from forty or1106 fifty to a hundred or one hundred and twenty shillings a month, as the natural consequence of our continuing to resort to impressment after the Americans had given it up.1107

Frederick's army consisted of about one hundred and fifty thousand men. Fifty thousand of these were French deserters, and a considerable portion of the remaining hundred thousand were deserters from the Austrian army, in which desertion was punished in the same manner with death. The dread of this punishment if they quitted his ranks, enabled him to keep up that state of discipline that improved so much the efficacy of his regiments, at the same time that it made every individual soldier his 'irreconcilable enemy'. Not relying entirely upon this dread on the part of deserters to quit his ranks under his high-pressure system of discipline, and afraid that the soldiers of his own soil might make off in spite of all their vigilance, he kept his regiments in garrison towns till called on actual service; and that they might not desert on their way from one garrison to another during relief, he never had them relieved at all. A trooper was flogged for falling from his horse, though he had broken a limb in his fall; it was difficult, he said, to distinguish an involuntary fault from one that originated in negligence, and to prevent a man hoping that his negligence would be forgiven, all blunders were punished, from whatever cause arising. No soldier was suffered to quit his garrison till led out to fight; and when a desertion took place, cannons were fired to announce it to the surrounding country. Great rewards were given for apprehending, and severe punishments inflicted for harbouring, the criminal; and he was soon hunted down, and brought back. A soldier was, therefore, always a prisoner and a slave.

Still, all this rigour of Prussian discipline, like that of our navy, was insufficient to extinguish that ambition which is inherent in our nature to obtain the esteem and applause of the circle in which we move; and the soldier discharged his duty in the hour of danger, in the hope of rendering his life more happy in the esteem of his officers and comrades. 'Every tolerably good soldier feels ', says Adam Smith, 'that he would become the scorn of his companions if he should be supposed capable of shrinking from danger, or of hesitating either to expose or to throw away his life, when the good of the service required it.' So thought the philosopher-King of Prussia, when he let his regiments out of garrison to go and face the enemy. The officers were always treated with as much lenity in the Prussian as any other service, because the king knew that the hope of promotion would always be sufficient to bind them to their duties; but the poor soldiers had no hope of this kind to animate them in their toils and their dangers.

1084.This chapter and the following one were printed as a separate tract at Calcutta in 1841 (see Bibliography). That small volume included an Introduction and two statistical tables which the author did not reprint. He has utilized extracts from the Introduction in various parts of the Rambles and Recollections. I am not sure that the tract was ever published, though it was printed; for the author says in his Introduction: 'They (scil. these two essays) may never be published; but I cannot deny myself the gratification of printing them.'
1085.This order is confined to the Indian Army.
1086.The punishment of working on the roads is long obsolete.
1087.The author spells this word 'sipahee'. I have thought it better to use throughout the now familiar corruption.
1088.The ordinary infantry pay was raised from seven to nine rupees in 1895.
1089.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.]
  This last paragraph has been brought up from the end of the volume where it is printed in the original edition.
  The army has been completely reorganized since the author's time, and the regulations have been much modified.
  In October, 1833, Lord William Bentinck had assumed the command of the army, on the retirement of Sir Edward Barnes, and thus combined the offices of Governor-General and Commander-in-Chief, as the Marquis Cornwallis and the Marquis of Hastings had done before him.
1090.Batavia was occupied by Sir Samuel Auchmuty in August, and the whole island was taken possession of in September, 1811. But at the general peace which followed the great war the island of Java, with its dependencies, was restored to the Dutch.
1091.The Isle of France, otherwise called the Mauritius, which is still British territory, was gallantly taken at the end of November, 1810, by Commodore Rowley and Major-General Abercrombie. Full details of the Java and Mauritius expeditions are given in Thornton's twenty- second chapter. The brilliant operations in both localities deserve more attention than they usually receive from students of Indian history.
1092.The funeral obsequies which are everywhere offered up to the manes of parents by the surviving head of the family during the last fifteen days of the month Kuār (September) were never considered as acceptable from the hands of a soldier in our service who had been tied up and flogged, whatever might have been the nature of the offence for which he was punished; any head of a family so flogged lost by that punishment the most important of his civil rights—that, indeed, upon which all others hinged, for it is by presiding at the funeral ceremonies that the head of the family secures and maintains his recognition. [W. H. S.] I have invariably found that natives of India, enjoying a good social position, who happen to be interested in an offender, care nothing for the disgraceful nature of the offender's crime, while they dread the disgrace of the punishment, however just it may be.
  Flogging in the British army in time of peace was prohibited in April, 1868, by an amendment to the Mutiny Bill, and was completely abolished by the Army Discipline Act of 1881.
1093.The worst feature of this abolition measure is unquestionably the odious distinction which it leaves in the punishments to which our European and our native soldiers are liable, since the British legislation does not consider that it can be safely abolished in the British army. This odious distinction might be easily removed by an enactment declaring that European soldiers in India should be liable to corporal punishment for only two offences: first, mutiny, or gross insubordination; second, plunder or violence while the regiment or force to which the prisoner belongs is in the field or marching. The same enactment might declare the soldiers of our native army liable to the same punishments for the same offences. Such an enactment would excite no discontent among our native soldiery; on the contrary, it would be applauded as just and proper. [W. H. S.] Subsequently, corporal punishment in the Indian or native army was again legalized. The present law is thus stated by Sir Edwin Collen: 'A "summary court martial"… may pass any sentence allowed by the articles of war, except . . . and may carry it out at once. Corporal punishment not exceeding fifty lashes may be given for certain offences, but is rarely awarded, and the amount of military crime is, on the whole, very small in the native army. The native officers have power to inflict minor punishments' [I.G. (1908), vol. iv, p. 370].
1094.The author also gives the Hindustani word as 'kaelkur-hin', which seems to be intended for qāil kareñ, or in rustic form karahiñ, meaning 'confute'.
1095.No wonder that the native army, pampered in this sentimental fashion, gradually became more and more inefficient, till it needed the fires of the Mutiny to purge away its humours. No army could be efficient when its subordinate officers on the active list were men of sixty or seventy years of age.
1096.The sepoys were quite right; no other service in the world was managed on such principles. The illusion of the old Company's officers about the gratitude and affection of the men generally was rudely dispelled nineteen years after the conversations recorded in the text. But, even in 1857. a noble minority remained faithful and did devoted service.
1097.The best troops now are the Sikhs, Gōrkhās, and frontier Muhammadans. Oudh men still enlist in large numbers, but do not enjoy their old prestige. The army known to the author comprised no Sikhs, Gōrkhās, or frontier Muhammadans. The recruitment of Gōrkhās only began in 1838, and the other two classes of troops were obtained by the annexation of the Panjāb in 1849.
1098.Enlistment in the native army is absolutely voluntary, and does not even require to be stimulated by a bounty. A subsequent passage shows that the author refuses to describe the British army as an 'entirety voluntary' one, because a soldier when once enlisted is bound to serve for a definite term; whereas the sepoy could resign when he chose.
1099.Desertions are frequent among the regiments recruited on the Afghan frontier. These regiments did not exist in the author's day.
1100.An ordinance issued in France so late as 1778 required that a man should produce proof of four quarterings of nobility before he could get a commission in the army. [W. H. S.]
1101.'Est et alia causa, cur attenuatae sint legiones,' says Vegetius. 'Magnus in illis labor est militandi, graviora arma, sera munera, severior disciplila. Quod vitantes plerique, in auxiliis festinant militiae sacramenta percipere, ubi et minor sudor, et maturiora sunt premia.' Lib. II. cap. 3. [W. H. S.] Vegetius, according to Gibbon and his most recent editor (recensuit Carolus Lang. Editio altera. Lipsiae, Teubner, 1885), flourished during the reign of Valentinian III (A.D. 425-55). His 'Soldier's Pocket-book' is entitled 'Flavi Vegeti Renati Epitoma Rei Militaris'.
1102.'Montesquieu thought that 'the Government had better have stuck to the old practice of slitting noses and cutting off ears, since the French soldiers, like the Roman dandies under Pompey, must necessarily have a greater dread of a disfigured face than of death. It did not occur to him that France could retain her soldiers by other and better motives. See Spirit of Laws, book vi, chap. 12. See Necker on the Finances, vol. ii, chap. 5; vol. iii, chap. 34. A day-labourer on the roads got fifteen sous a day; and a French soldier only six, at the very time that the mortality of an army of forty thousand men sent to the colonies was annually 13,333, or about one in three. In our native army the sepoy gets about double the wages of an ordinary day-labourer; and his duties, when well done, involve just enough of exercise to keep him in health. The casualties are perhaps about one in a hundred. [W. H. S.]
1103.Just precisely what the French soldiers were after the revolution had purged France of all 'the perilous stuff that weighed upon the heart' of its people. Gibbon, in considering the chance of the civilized nations of Europe ever being again overrun by the barbarians from the North, as in the time of the Romans, says: 'If a savage conqueror should issue from the deserts of Tartary, he must repeatedly vanquish the robust peasantry of Russia, the numerous armies of Germany, the gallant nobles of France, and the intrepid free men of Britain.' Never was a more just, yet more unintended satire upon the state of a country. Russia was to depend upon her 'robust peasantry'; Germany upon her 'numerous armies'; England upon her 'intrepid free men'; and poor France upon her 'gallant nobles' alone; because, unhappily, no other part of her vast population was then ever thought of. When the hour of trial came, those pampered nobles who had no feeling in common with the people were shaken off' like dew-drops from the lion's mane'; and the hitherto spurned peasantry of France, under the guidance and auspices of men who understood and appreciated them, astonished the world with their powers. [W. H. S.]
1104.The allusion is to the now half-forgotten war with the United States in the years 1812-14, during the course of which the English captured the city of Washington, and the Americans gained some unexpected naval victories.
1105.The author has already denounced the practice of impressment, ante, chapter 26, note 27.
1106.'to' in the original edition.
1107.See McCulloch, Pol. Econ., p. 235, 1st ed., Edinburgh, 1825. [W. H. S.]
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