Aug. 21. At Benares, the lady of Major Carpenter, 48th M. N.I., of a daughter. At Ellichpore, the lady of Assist. Surg. Mackenzie, Nizam's army, of a daughter.

22. The lady of Capt. Boulderson, of a daughter.

24. At Ootacamund, the lady of Capt. F. W. Hands, 2nd Europ. L. Inf., of a son. 26. At Trichinopoly, the lady of Capt. Cantis, 15th N.I., of a daughter. 27. Mrs. W. B. Pharoah of a son.

28. At Ootacamund, the lady of Capt. R. Taylor, 2nd Light Cavalry, of a son.

At Trevandrum, the wife of the Rev. John Cox, missionary, of a daughter.

30. The wife of Mr. J. A. Deweltz, of a daughter.

The lady of J. G. S. Bruere, Esq., C.S., of a daughter.

Sept. 3. At Bellary, the lady of Capt. Carthew, 21st N.I., of a son.

5. At Malligaum, the lady of Capt. Bayley, 20th N.I., of a daughter.

7. At Tanjore, the wife of the Rev. T. Brotherton, missionary, S. P. G.F.P., of a

son.

8. At Masulipatam, the lady of P. Grant, Esq., C. S., of a daughter.

10. At Madras, the lady of Lieut. W. G. Beagin, 2nd N.I., of a son.

At Royapooram, Mrs. C. Guest, of a daughter.

13. At Palmanair, the lady of G. M. Ogilvie, Esq., of a son.

16. Mrs. A. M. Ashworth, of a son.

MARRIAGES.

Sept. 1. At Coringa, Mr. Robert W. Meppen, mariner, to Catherine Emmeline, eldest daughter of E. Pascal, Esq.

4. Near Seringapatam, Capt. James Templeton Brett, 4th L. C., to Julia, daughter of Lieut. Col. J. W. Cleveland, 38th N. I.

8. At Secunderabad, F. C. Lewis, Esq., to Eliza Bird, daughter of the late Capt. J. Andrews, H. C. S., and niece of Maj. Gen. Hardwicke.

DEATHS.

Aug. 16. At Madras, Mr. Benjamin Fanderlinden, aged 51.

20. At Guntoor, P. H. Strombom, Esq., late 3d Judge of the Provincial Court of Appeal and Circuit for the Northern Division.

At Black Town, Mr. Domingo D'Mello, aged 50.

24. At Palamcottah, Mr. Ed. H. Brook, late merchant of Colombo.

26. At Courtallum, Anne Oceana, second daughter of G. S. Hooper, Esq., C.S. Sept. 7. At St. Thome, Major F. Welland, late of the 23d Regt. N. I.

10. At Poonamallee, the Rev. Charles Miller, Missionary Society.

11. At Madras, 1st Lieut. J. Inverarity, of the Engineers.

At Madras, Lieut. D. G. Taylor, of the 1st N. V. B.

At Bangalore, Mrs. Knox, wife of G. Knox, Esq., garrison surgeon.

15. At Royapooram, Mrs. Charlotte Guest, aged 24.

Lately.-At Negapatam, Capt. William Bate, of H. M. 57th Regt.

Bombay.

GOVERNMENT GENERAL ORDERS, &c.

THE CLIBBORN COURT OF INQUIRY.

Bombay Castle, 20th July.-The Hon. the Governor in Council is pleased to direct that the following extract of a despatch, dated the 2nd June last, conveying the sentiments and orders of the Hon. the Court of Directors, in relation, 1st, to the gallant conduct of Major Clibborn, and the detachment under his command, whilst employed in the endeavour to relieve the garrison of Kahun in August, 1840; 2nd, to the proceeding of the Court of Inquiry appointed on the occasion; and 3rd, to the breach of official confidence committed by Major Gen. Brooks, the president of the Court, to be published for the general information of the army:

"We have perused with the greatest interest the narrative given by Major Clibborn, of his march from Sukkur to the entrance of the pass of Nuffoosk, of his action at this spot with the mountaineers, and of his retreat to Poolajee. The accuracy of this narrative is vouched for by all the survivors of the European officers present, whose evidence was taken by the Court of Inquiry, and no evidence of any

kind is adduced to prove its want of fidelity in any one respect. This narrative has impressed us with sentiments of the highest admiration of the intrepid, collected, and soldierlike conduct of Major Clibborn, of the persevering gallantry of the officers under his command, whose names are mentioned in the margin,* and of the patience, fortitude, and bravery of the native officers and men of the detachment.

"It is clear to us, that every possible exertion was made by Major Clibborn and his detachment to overcome the obstacles in the way of their march to Kahun, that every precaution in his power was taken by him to guard against failures, and that the disasters which ensued were attributable chiefly to the want of water, a want which could not have been guarded against, and of which he could gain no certain information until he had arrived at the spot where the supply was required. With these sentiments, as arising out of the evidence and statements laid before the Commission appointed by you to investigate most fully and minutely into the military conduct of Major Clibborn, and the detachment under his command, we could not fail to participate in the surprise you have expressed on finding that, in the opinion of the Commission, Major Clibborn fell into the fatal, but too common, error of holding his enemy in contempt; that his plan of attack was most injudicious; that, had he turned the position, making at the same time a false attack in front, to be converted into a real one when he saw our troops crowning the height, there can be no doubt the pass of Nuffoosk could have been carried with comparatively little loss; that he did not sufficiently reconnoitre in search of water, but trusted too much to the report of others, there being trees and herbage within three hundred yards of his position, which, in such a desolate region, ought to have attracted his notice, and that, had he searched, it is now known he would have found water on the spot.

"You very naturally called upon the Commander-in-Chief to cause the Court of of Inquiry to be re-assembled for the purpose of revising their proceedings, and of stating on what evidence or information they came to the conclusions abovementioned, and others which were not only unsupported by, but in some instances at variance with, the evidence recorded on the proceedings. It then appeared that the Court of Inquiry had no actual knowledge of water being on the spot, but that their statements were founded inferentially on the season of the year, on the preva lence of thunder-storms at that time, and on the fact of water having been found at the spot, by Major Brown, a month afterwards; further, that they were immediately led to the opinion they at first recorded, from a sketch of the ground, made by Dr. Kirk, in which trees and green herbage are represented 'as therein stated.' It is a melancholy reflection, that officers of rank and station in the army, to whom you had confided an inquiry involving most deeply the honour and reputation of a brother officer, instead of taking a generous view of the difficulties in which he was placed, and of relying upon his own statements and the other complete and uncontradicted evidence of the means he took to provide for the pressing wants of his men, should in this manner injure his character as an efficient and trust-worthy officer. No commanding officer, who unhappily met with a reverse, could be safe, if those who were to inquire into his conduct should thus trifle with the evidence, adopt the most unfavourable construction, and transform an hypothesis into a fact within their knowledge.

"Major Clibborn himself had stated, in his narrative laid before the Court of Inquiry, that he did send an officer, with a company of sepoys, in search of water, and that a small supply was found in the vicinity of his position, which was, however, speedily exhausted. This statement should either have led the Court of Inquiry immediately to dismiss from their minds the suspicion that Major Clibborn had neglected the most obvious and most pressing duty of searching for water, or they should have made further inquiries, when they could readily have been satisfied that the * Capt. Heighington, 1st Grenadiers (since dead); Capt. H. Sandford, artillery; Capt. Raitt, 1st Grenadiers, killed; Lieut. W. Loch, 1st Cav., with Poona Auxiliary Horse; Lieut. R. Moore, 1st Grenadiers, killed; Lieut. E. T. Peacock, 1st Grenadiers; Lieut. G. Malcolm, 1st Grenadiers, with Scinde Horse; Lieut. H. Franklin, 2nd Grenadiers, killed; Ens. and Adj. E. C. Fanning, 1st Grenadiers; Ens. A. Williams, 2nd Grenadiers, killed; Ens. E. Grant, now 3rd regt. N.I.; Assist, Surgeon Kirk.

Asiat. Journ. N.S. VOL. 36. No. 143.

(2 R)

suspicion was utterly without foundation. It appeared from copy of an order issued on the first day after the detachment entered the mountains, viz. the 24th of August, that Major Clibborn had taken all the usual precautions to guard against surprise, and had besides issued the following directions: One-half only of the men of each company will be allowed to undress and cook, and, until further orders, all troops will lie down at night with their accoutrements and arms by them, in readiness to meet any attack of the enemy.' Nevertheless, the Court of Inquiry recorded it as their opinion, that Major Clibborn fell into the fatal error of holding his enemy in contempt. When called upon to explain this opinion, they state that it has reference to his not having attempted to turn the pass, an operation, the possibility of which, they say, he acknowledges. This, we observe, is not the fact; Major Clibborn distinctly states that the magnitude of his convoy, reaching full five miles, did not admit of his detaching any of his small body for this purpose. We quite concur in the opinion you have expressed, that the inference drawn by the Commission, of his having held the enemy in comtempt, is a conclusion not warranted either in reason or justice. "The Court of Inquiry, in another of their opinions relating to Major Clibborn's conduct, fell into grievous error in stating that he ought to have taken the Deyrah instead of the Nuffoosk road; they overlooked the additional distance of fifty miles by the Deyrah road; that it had two marches, nineteen and twenty miles each, without water, and that there was a narrow gorge to be passed as defensible as that at Nuffoosk. Further, it appeared that they were partly guided by drawings prepared by Dr. Kirk, which, as they ought to have known, were not in existence at the time when the advance on Nuffoosk took place, and could not, in consequence, have formed any guide for Major Clibborn.

"It is not our intention to enter on a detailed notice of the other parts of the report of the Court of Inquiry relating to further points in which they find fault with Major Clibborn's conduct, none of which have been substantiated on sufficient evidence, or to those parts in which, without, in our opinion, any justification whatever, they attempt to cast blame on their late distinguished Commander-in-Chief, Lieut. Gen. Lord Keane, on the late lamented Lieut. Col. Stevenson, C. B., and on Major D. Forbes. One point, however, calls for our particular notice and reprobation. When desired to state on what ground certain statements are made which are wholly unwarranted by the evidence, the Court of Inquiry observe, that such a Court is differently constituted from a Court-Martial. The latter, having to pass sentence, as well as to give an opinion, are bound to confine themselves strictly to the evidence that appears before them; but a Court of Inquiry, they consider, has a right to draw inferences and express an opinion upon what is known to the members to be facts arising from the circumstances under investigation.' In making this remark, this Court have shewn great ignorance of a professional duty. It is well understood, and ought to have been known by them, that in a Court of Inquiry, as well as on a CourtMartial, evidence, if required from any member, is given by him as a witness, so that it may be recorded on his individual responsibility, and that no fact connected with the inquiry is ever assumed on the knowledge of the members, unless it has been placed on record.

"We now proceed to notice the extraordinary breach of official confidence, as reported by you, on the part of Major Gen. Brooks, the president of the Court of Inquiry. The finding' of the Court of Inquiry was published in a Bombay newspaper on the 16th December, even before,' as you observe, 'the authorities, for whom alone it was intended, had time to take the same into consideration.' You were then ignorant of the party who had communicated the copy to that journal, but you very properly resolved that Major Gen. Brooks should be held responsible for the act, and that it would be for him to clear himself, and the officers associated with him, as members of the Court of Inquiry, from all concern in it. A communication to this effect was made by the Commander-in-Chief to Major Gen. Brooks, in a letter dated on the 26th December, who, in reply, on the 16th January, 1841, admitted that the strong interest felt and expressed for Major Clibborn, had induced him (Gen. Brooks)

to furnish a copy of the finding to a most intimate friend at Poona, although he was assured, and firmly believed, that this was not the channel through which it reached the newspapers.

"It must be well known to every officer of any experience, that a Court of Inquiry is a preliminary and confidential inquest for the purpose of collecting information, and if required, of giving opinions to enable the Commander-in-Chief to decide as to the ulterior proceedings which should be taken to maintain the honour of the army, and the character of the service. For the president, or any member, of such a Court, to communicate the proceedings or the finding to any other than the Commander-inChief, is to commit a breach of confidence which marks the individual guilty of it as unworthy to continue in a situation of responsibility. This is the view you appear to have taken of Major Gen. Brook's conduct, for you announced to him, that' by this highly reprehensible act, he had subjected himself to the severest displeasure of Government, and had rendered himself justly liable to a court-martial, or to removal from his present high command in Scinde, or to a severe reprimand for his conduct in General Orders;' you, nevertheless, out of consideration for the supposed interest of the public service at that particular period, resolved to limit the punishment for his (as justly described by you) 'gross and glaring violation of official confidence and propriety,' to a reprimand, couched, indeed, in very strong language, but still only a reprimand, expressed to him in a letter from the adjutant-general of the army.

"Had the finding been one of entire acquittal, and altogether satisfactory to the feelings and character of Major Clibborn, we should have been disposed to give credit to the alleged motive for furnishing the copy, viz. the strong interest felt and expressed for Major Clibborn; some allowance might have been made for a fault committed under what might be considered the laudable anxiety to relieve the friends of that officer from apprehension on his account; but when we observe, that the finding is calculated to inflict injury on this officer, whose previous character was unsullied, and that his name is not even mentioned in it as the commanding officer, when expressing praise of the conduct of the detachment, we are under the necessity of observing, that the motive alleged for this unprecedented breach of official confidence cannot be sustained.

Having given to the whole of this matter our most particular attention, we must decline to approve of the lenient course which you thought it prudent to adopt. We are of opinion, that nothing less than Major Gen. Brook's removal from his command will meet the calls of justice. We accordingly direct that he be removed from his command as soon after the receipt of this letter as circumstances will permit."

FOURTH MEMBER OF COUNCIL.

Proclamation.-Bombay Castle, Sept. 7, 1841.-The Hon. L. R. Reid has this day taken the oaths and his seat as Fourth Member of Council of this presidency, under the usual salute from the garrison.

H. M. 14TH LIGHT DRAGOONS.

Bombay Castle, Sept. 14, 1841.—The Hon. the Governor in Council is pleased to direct, that H. M.'s 14th Light Dragoons be admitted on the strength of this presidency, from the 6th instant, the date of the arrival of the head-quarters of that corps at Bombay, in the ship Repulse.

SERVICES OF COMMANDER T. E. ROGERS.

Bombay Castle, Sept. 21, 1841.-Commander T. E. Rogers is allowed a furlough to Europe for the benefit of his health.

The Hon. the Governor in Council regrets the necessity which has compelled Commander Rogers's departure from China at a juncture of such importance, and desires to take the occasion of recording his sense of the distinguished services of this officer while in command of the H. C.'s steam sloop of war Atalanta, during the recent operations in China. These services, which have been reported in terms of marked ap

probation by her Majesty's Chief Superintendent, the Hon. the Governor in Council will have much satisfaction in bringing to the notice of the Hon. Court of Di

rectors.

LIEUT. MOORE AND ENSIGN CAMPBELL.-GAMBLING.

Head-Quarters, Poona, Sept. 24, 1841.-The Commander-in-Chief has had under consideration, since the trial of Lieut. Moore, of H. M.'s 17th regt., by general courtmartial, a correspondence between that officer and Ens. Campbell, of the 2nd regt. Bombay European Light Infantry, relating to gambling transactions which had taken place on the part of these two officers, in which the latter lost to the former, at billiards, the enormous sum of Rs. 3,300, within a very short space of time.

As one of the letters referred to has formed the subject of a specific charge against Lieut. Moore, bis Excellency will not now advert to the manner in which that officer acted, but confine his present observation to the glaring and highly reprehensible conduct of Ens. Campbell, and, on a full review of the circumstances under notice, the extreme culpability of that officer is so apparent, as to have led his Excellency to the serious consideration whether he should not also have been brought to trial.

Nothing but the earnest desire of averting the ruin of one so young and inexperienced, and the hope of his reformation, has produced this very lenient mode of proceeding. The Commander-in-Chief therefore warns Ens. Campbell to refrain from the gambling propensity which he has evinced at so early a period of his life and professional career, and points out to him the fatal consequences which must result, if similar misconduct on his part be again brought under consideration.

GENERAL COURT-MARTIAL.

LIEUT. BROCKMAN.

Head-Quarters, Poona, July 9, 1841.-At a General Court-Martial assembled at Asseerghur, on the 14th June, 1841, and of which Major H. Cracklow, 22nd regt. N. I., is president, Lieut. H. J. Brockman, qu. master and interp. of the 20th regt. Madras N.I., was tried on the following charges, viz.:

I charge Henry John Brockman, lieut. and qu. master of the 20th regt. Madras N.I., with conduct to the prejudice of good order and military discipline on the following charges:

1st Charge.-1st Instance. Having at Asseerghur, on the 22nd of April, 1841, in consequence of having received a message through John Pigott, qu. master serjeant 20th regt. N.I., from me, his commanding officer, directed the said qu. master serjeant never again to convey any message to him from Major Plowden, thereby manifesting personal disrespect to me, contempt of my authority, and a spirit of gross insubordination.

2nd Instance. Having at the same time and upon the same occasion, with a view to intimidate the said serjeant from the execution of his duty, threatened that, in case of his attempting to deliver any such message, he would do so at his own peril, and should be brought to account and punishment.

3rd Instance. Telling the aforesaid serjeant, on the same occasion, and also in a conversation which took place at Lieut. Brockman's quarters on the 26th April, that he was to obey his, Lieut. Brockman's, orders, and no other person's, evidently with allusion to my orders, as commandant.

4th Instance. Using highly indecorous and disrespectful language on the same occasion before the said serjeant, viz.-that the commanding officer of the 7th regt. had never ventured to send him any message through a serjeant, or had he done so, he would have made him smart for it, or words to that effect; thereby insinuating that, as quarter master, he possessed a controlling authority over his commandant. 2nd Charge. For disobedience in the above instances of the regimental order. dated 23rd June, 1840, of which the following is an extract:-" The commanding officer regrets being compelled to notice the attempts lately made to introduce a system into the regiment, not merely of thwarting his order, but even of curtailing his