Observations on the Disturbances in the Madras Army in 1809Malcolm, John
History
Observations on the Disturbances in the Madras Army in 1809
Malcolm, John
India. Army -- History; Malcolm, John, 1769-1833
Though the right of suspending officers from the service till the
pleasure of the Court of Directors was known, is one that has been very
properly vested in the local Governments of India, they possess no
power which should be exercised with such extreme caution. It never can
be wisely exercised in any cases but those of most clearly established
guilt, where trial would either endanger the authority of Government,
or expose its dignity to the highest insult and degradation; which
is indeed one, and perhaps the most effectual, mode of endangering
its existence. Every officer is conscious, when he enters the public
service, that he subjects himself to military law, but not to arbitrary
power. There are, however, (as has been shown), extreme cases, which
create exceptions that interfere with his right to this jurisdiction:
but when the ruling power is compelled to act contrary to usage, it is
bound, in all such cases, to establish the necessity of its so acting,
by an exposure both of the nature of the crime and of the proof of its
having been committed[7]. The King of England may, no doubt, strike any
officer's name out of his army without assigning any reason; but his
adviser would incur serious responsibility; and an inferior authority
exercising this great power should be still more cautious, lest the
very purpose for which it was granted be perverted, by the destruction
of that general confidence in the justice of their rule, upon which the
power of departure (when the safety of the state absolutely requires
it) from ordinary forms of law is grounded. No sense of expedience,
or desire to strike terror, (by the mere display of arbitrary power,)
can warrant the slightest deviation from principles so essential to
preserve the temper and order of a military body under this alarming
though legal departure from its usual rights and privileges.
Public-domain text, read in full here on John Shaqi.
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