Star.
London, England, 1823-01-17 00:00:00

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bottlg regolations by which Gelseraiofficeritiill, ult&i-
141:is circtsm,tloces,
,br allowed the F,ll. Pay of their last
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/Ito:lentil Commissions : _
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GF.ORGE •-, • 1
Whereas by.our Warrant of the liltb of Febreary,)llll, the
rottaehed limes of Pay granted io General Officers' bylkis, •
::,.3i,jegy's Warrant of the nth of August, MK, have beck:,
il,ectively limited, and it W 416 • thaccia provided that.stieb,.
al ;right thenceforward be promotol to be (kueral,Offi:
.0, 'Saki continue to receive the Full Pay, or Daft Pay, of •f
\eirniroilital rank, until thiy should be appointed`tWilie
ijoj Establishment of General Officers on Unattached Pay
04 oSere..s We are graciously pleased to make some.further
• ocion for General Officers whaarez or sall e placed upon
~„„ Pay of their Regimental Ccimmi,sihous,h it is Our will
pkasora that front and after the 45th of December, 1821,
boitr, all General Officers, nuebeing Colonela of Regiments,
ain the rectipe of Unattached Pay, shall receive the Full Pay
rct tj grenieptal Rank which they Leh i when tiny became
castal Ofriars, and shall continue to receive the same until
f,4111311 he elected into the limited number of General Officers
vctiving the' Unattached Pay of Li. 7. a day, or shall be ap-
firael to be Colonels of Regiments or Battalions.
we are pleased, however, to declare that this Regulation is
oPPIY-
-10. 'To any General Officer v•bn was on half-pay' when he
vecanie a General Officer, and who received the iliffrence when
b; went on half-ply.
idly, To ally Gi•ntril Officer who was on hall-pay when lie
became a General Officer, and who went on half pay at hi, own
neatest, in time of war, after having obtained the Brevet rank
aE Lieutenant-.Colonel ; . or, in time of peace, before he had
,r,ed rue year.; with the regimental rank of Lieetenant-Colonel,
eon, in conimand of a regiment, or in some other military
gqiicity in the public service;
Given at our Court at Carlton Palace, this eighth day of
November, 1822, in the third year of our reign.
. By his Majesty's command,
PALM EnsToN.
it": IMPORTAAT N
EW COURT-MARTIAL,
N SOUTH WALES.

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SroNer, Mir 1, 132'2.
•The proceedings of this General Com t-Martial is now brought
to-a close, his NIAJESTY haying been pleased to confirm the whole
of these eittaordinary proceedings; by width it will be seen that
the Cuurt found itself trot competent to come to a decision whit-
est submitting certain queries to the Judge-Advocatt-General
1.1:411uul•

GENERAL COURT.NI A RTI AL.

7111.11. OT CAPTAIN W. N. waning. 48rn ZnaIIORNT OT TOOT.
At a General .Ccopt-Martial, holden at Sydney, New South
iCales; on the 10th January, 1822, and continued by adjourn-
taats to April 81, 1822, Captain Wit.ttssa Nowatt. Waren,'
si.as ar.-algred OD chub:Cowing Charges, viz.
.11re:rot-having addressed a letter to his Excellency Goon-.
We Macquarie, exhibiting charges against Lieutenant-Colonel
grOtine, without cording through the Commanding Officer, such
anduct being unOfficerlike. and a breach of military discipline.
Second.—For having, in a letter addressed to his Eseeh
fogy' Governor 'Macquarie, dated George Town, November
%1:1121, aide-v.,ured to asperse the character Of Lieutenant..
el Erskine, his Corsi:handing Offieer, in the most serious
iliellerrleyhecusiog him of the most palpable, malicious, and
sialietiveperjuly, with a variety of other expressions and obser-
eitions contained in said letter highly improper; such conduit
bps& ungentlemaulike, undausrlike, insitherdinatet and in
treach of the Articles of War.
112ird.— For having addressed a letter to the Captainnand
aaltents (Cf the 48th Ilegimetn, enclosing a copy of a letter of
0.2-Rh:June, 1821, to his Excellency Governor Macquarie!
seinen in the most lallanonatory and insubordinate is e,
fining ,strowety upou the character of LieutenamtsColonel
Zraine, his Coninuteilitig Officer; such conduct being tanoffi-,
rake, insubordinate, inflamm story, subversive of all military
Kier, and inthreach of the Articles of War. • • .
The Cohn having proceeded to take into consideration the
charges ;aid evidence recorded and set forth io the Minutes;
dad, in taming to judgment, certain-points of legal discrienindtion
and difficulty, in respect of which, not only as affecting the
iteritinf the present charges, but as involving, general Principles
cf serious weight and influence upon the te'rvice, ails with re Il
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vid to proceedings before General Courts,Martlal, it seems
tang to obtain the most satisfactory information and advice.
In this respect, therefore, the t mire direct., thaC reference
be made to the Judge Advocate-General in England of such
points of inquiry as have been specifically approved by the
Ctuct, to.he transmittcti by the Judge-Advocate, so as thus best
ta ascertain what impottan cc and decision may legally belong to
the same; and, upon the resolution Of which, the Court would
nab, judge itself warranted in proceeding to judgment and sen-
tence. But, at the same time, inasmuch as great delay, owing
to the distance of this setthmient, will hence necessarily arise,
etc Court cess4der it due to Colonel Erskine not to keep bark,
ir the Meantime, the opinion of the Court:.--That the evidence,
painted by and on the part of Capt. Watkins, has slot zfforded
l'..telesc possible ground for the asseverations of Capt. Watkins,
recast tile least shadow of reflection on Colonel Erskine, as
having been guilty, in tletcil or invention, of any, though most
train, falsehood, its the examination alluded tot but, ou the
(wharf, that Captain Watkins has entirely failed c:ukit:g to
:ispear. that Culoncl Ers:zitte is justly chargeable with perjury ;
er that, upon the proof adduced, Captain Watkins would seem
to the Court at all warranted in suggesting. to his Excellency the
Commander of the Forces, as having ground filially civil pro-
ceidiags against Colonel Erskine, for shy such offence.
The' Court further direct, that a copy of thia memorandum
and of the queries to be forwarded to the Judge-Advocate-Ge-
tent in England, be transmitted to his Excellency the Com-
m:11)1er of the Forces, so as fully to advise his Excellency of the
psiemises, with whom is respectfully left the propriety of making
publicly known the central of this espeati theillOranet••--
A4journetl.

New South Wales, April 14, 1829.

Slit-1 ant eirected by the General Court-Martial new as-
sembled at this 'lace, upon charges exhibited by the Command-
ing Officer against a Captaia of the Regiment, respectfully, a
Acting -.ledge- Advocate, to solicit that you will be pleated tot
effect that due information and advice may be afforded the Court'
no the following queries, so materially affecting, and involved:
in the present chargea (a copy of which is loclosed), as for the
Court to have deemed fit, that all further proceedings should b
stayed, until the same shall have been thus referred and sad*
factorily resolved.
rntllT QUERY..-11 the Court justified in proceeding to judg-
ment and sentence, where it has been arged by the prisoner
during the whole of the trial, " for having endeavoured to
asperse the character of his Commanding Officer, by accusing
hire of perjury," until all these witnessas,wheresoeyer they may
he, have been forthcoming and examined by the Court, Winne
etidenee; it is averred by the prisoner, would pray's!, in tome i
iartances, the allegations made, and which, from its nature. and
tat general circumstances of the case, appears not to be so irre-
levant as to exclude all possibility of such proof being adduci•Yx?
°mom) QUEItY.—Can .tn Officerbe made chargeable underashe !
Arlietes of Wiz in respect Of a letter transmitted immediately. to
the Commander of the Forces for Leave of absence, in order thus,
as otiggrated, to have the means of 'taking civil proceedings in
Olin of King's Bench against his Connnanding Officer.
.rhe charge eXhiited ,sOgge,ts the • prisoner In skis letter to
erns 21treavoured to asperse the character of Ms Commanding
Of oft, ouch letter being transmitted by the Commander of the
?saes to the Commanding Officer, and no praceedinp what-
fatr,tiva! or military, adopted by either of the parties before
mbibit-ef the!. present charges to the Court assembled at the
lifance of the Commanding-Officer ?
intim QUZItY. Can a .charge be supportable against an 1,
t2rez for insubordimlte and unofficerlike conductin respect of
a Later addressed by bins to the Captains and Sabalterns of the
l‘aritne!,t, the contents of which only tsecatueltnown by the pre-
iseatnr,bis Ce.,,,nancling Officer, causing the seal ro be broken,'
saddle letter to he read•at a meeting of the Officers of ttse RA:gi-
st*, convened by order of the Comma:Ai ug Ofisetathe UtaCer
lahetad written it being abacus; when the Captains and Solaal-
ante so addressed had determined not to open, add thavinee to
ratan, each letter, (the hand-writing of dm address being:nook
trial)intet had committed it for that porpoise to the Paymaster,:
*Dead aecurdingly directed and settled 115 enrelope, redoing.
autreturning the letter several days before We said einteilope
'i• s.optsud at the sneering of the Officers, and the seal of the
Miff enekned aim brok.matanad the.coiitents read aloud by order
▪ a._ .5 • _ th. att4ent alligel