The Sun.
London, England, 1836-08-01 00:00:00

SAN SEBASTIAN.

GENERAL ORDER, July 23.
In the General Order of the 4th instant, the Lieutenan
General stated the circumstance of seven officers who
claimed to resign their commissions and retire with a gra-.
tuity of half a year's pay, on the ground of having served
one year with the Legion, alleging that the conditions of
service entitled them to this option, the Lieutenant-General
not having any power to decide on such a claim, referred it
for the consideration of Government, and having been ho-
noured with the following, reply, he loses no time in publish-
ing it for the information of those officers and men who may
have entertained this impression.
" The Government of her Christian Majesty have heard
with lively feelings of regret, that the officers in question
should have given to the terms of their contract an interpre-
tation so different from that of the Government, who dis-
tinctly understood that no officer was entitled to resign at
the expiration of one year, unless his intention of so doing
had been duly specified at the time of entering the service.
And further, that if the Government had not conceived that
this reciprocal understanding existed, it would have been
their duty to ascertain, before the expiration of the twelve
months, the number of officers who proposed to avail
themselves of the pri% liege, in order to make such arrange-
ments as circumstances and the Queen's service might ren-
der expedient.
No such arrangements have been made, because it was
not known to the Government that any officers had made
the specification in question as to time. If, however, there
are officers who really made a specific agreement for one
year on entering, the Government will offer no opposition
to their availing themselves of the stipulation, however much
the loss of their services might be regretted.
Nevertheless her Majesty's Government entertain a
conviction that other and higher motives than the right or
wrong interpretation of a contract would induce the officers
in question to reconsider their intention of resigning.
" It is farther observed, on the part of her Majesty's Go-
vernment, that they, in common with this country at large,
have looked upon the officers of the British Legion as vo-
lunteers in the great cause of Constitutional freedom, and
that they were now, as their brave countrymen in former
days, engaged in a struggle for the overthrow of oppres-
sion and despotism in a country bound by so many ties
to England, and with which to British soldiers so many
glorious associations are connected ; declaring, there-
fore, that they should be slow to believe that En-
glish officers or soldiers would voluntarily leave their
task uncompleted, and abandon the posts so recently,
acquired by their valour, at a moment the most critical
of the war—at a moment when the Queen and the nation
were looking to them with gratitude and with hope, when
the Government bad, in the midst of unequal difficulties
effectually provided for the remedy of their just grounds of
complaints as well as against the recurrence of them—at
a moment, in short, when the services of the Legion were
best appreciated and most required. The Government
could not think that, even were the terms of the contract
those which it was sincerely believed they were not, the
British officers would pursue a course so prejudicial to the
cause they have adopted, or that they would now relax in
those efforts which have been so gloriously commenced, and
which have shed such lustre upon British arms."
Such is the decision of her Majesty's Government on this
subject ; and it seeming it might be satisfactory also to
submit the matter for the judgment of his Britannic Ma-
jesty's Ambassador in this country, the Lieutenant-General
is informed by the British Ambassador that his opinion is
precisely in unison with that of the Spanish Government as
above stated.
It is clear from the above that any officers who should
attempt to absent themselves from this force, unless they
have made an express agreement for a limited service of one
year, or unless they shall have the sanction of Government
for doing so, will be considered by Government as having
forfeited all right to gratuity or advantage of any kind re-
sulting from the conditions ; and also all right to any ar-
rears of pay, which may be due to them, besides being
liable to such other penalty as military law or circumstances
may admit.
The Lieutenant-General has himself no more interest in
this matter than any other individual of the Legion, except-
ing that, as senior officer of it for the time being, he feels
more anxious for the honour, respectability, and prosperity
of the corps generally than any other person can do ; and
he has no doubt that any insubordination on this subject, or
any attempt to oppose, in the slightest degree, the just and
reasonable decision of the Government which he publishes
in this order (an attempt, the least reflection must show,
would prove abortive), he repeats that any insubordination
or unmilitary conduct could not but be injurious to the
honour, the respectability, and prosperity of the whole
corps, and still more so to the individuals guilty of such
conduct.
" In like manner, any attempt of one part of our body to
abandon or divide itself from the rest, could not but be dis-
creditable and injurious to the whole body, and this per-
haps at the instigation of some few interested individuals
who may have personal or unworthy motives of their own
for thus endeavouring to abandon their comrades, disgrace
themselves, and disturb good discipline. The •Lieutenant-
General therefore strongly warns the good, the gallant, and
well-disposed soldier, against any such designing and ill-
conditioned persons, who should not for a moment be lis-
tened to, and who will not escape detection.
The Government, however, as the Lieutenant-General
anticipated, will cheerfully give leave to any to retire, and
with the gratuity proportioned to their -service, who can
bring any proof to show that they specified on entering the
service that they desired to serve only for one year ' • and, as
the Lieutenant-General is informed that there maybe some
few regiments, who are so situated, he hereby directs that
the three senior officers of every regiment and corps will,
without delay, form themselves into a committee of inquiry

to receive any claims of agreement for limited service which
may be made, and where any testimony in support of the
claims can be given, verbal or written, the most liberal con-
struction will be given to it, and the date of enlistment or en-
gagement of each individual so situated will be taken down,
and a report made on the subject. But even if there should
be persons so situate they will not receive any arrcar or
gratuity until after those who arc still gallantly serving are
provided for.
The Government declare their earnest determination in
their letter contained in this order to perform their part,
namely, to provide faithfully the pay, rations, and clothing
of the troops. The Lieutenant-General fully believes that
every exertion is making to this end ; and it is his unceas-
ing effort, by his representations, as is well known, to pro-
vide, as far as in his power, for all the wants of the Le-
gion. The rations are at present good, arrangements for
bringing up arrears of pay are made, and the annual cloth-
ing is about to be sent from England ; and the Lieutenant-
General is determined, so far as depends on him, that a
complete settlement, and payment of all balances up to the
end of the year shall be made, so as to obtain more regu-
larity for the future.
And after all, it is probably but for a finv mouths now
that the Spanish Government will require the services of
the Legion ; for the Lieutenant-General hereby expects
intelligence of the total destruction of the rebel column,
which haS had the temerity to advance towards Galicia,
and which has been incessantly pursued by General Espar-
tero nearly 300 miles. This will render available for the
vigorous prosecution of the war in these provinces twenty
or thirty additional battalions. Thus a' most decided mo-
ral and military result must ensue, which may bring the war
to a much more rapid and triumphant close than the weak-
minded or discontented have expected.
The LicutenantsGeneral has only to add, that he is
authorised to state that crosses of merit for the glorious
action of the sth of May are now in course of being manu-
factured in England, and it is expected will be completed
and ready to be conferred in two or three weeks hence.
This is a decoration which every soldier of sense and
honour, who may be so fortunate as to receive it, will justly
prize to the latest hour of his life.
The commanding officers of corps and departments will
please to make out nominal lists of all under their respec-
tive command, who may have the requisite claim to this
distinction, and will forward the same to the Adjutant-
General's office.
Double rations of, meat and wine will be issued to-
morrow to the Legion, on account of the anniversary of her
Majesty the Queen Regent. By command,
(Signed) OLIVE DE LANCEY,
Deputy- Adjutant-General.