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._