^i-^-M. ^^. L I E. RARY OF THE U N IVERSITY or ILLl NOIS ABOLITION ;0P THB BOXUS SYSTEM IN THE INDIAN ARMY. COMPILED BT LT.-COL. J. 0. PHILLIPS, BETIRED LIST, LATE BENGAL ARMY. LONDON: W^f H. ALLEX & CO., 13, WATERLOO PLACE, S.W. 1869. LOIJDQN PRINTED BY WOODPALL AND KINDER, MILFORD LANE, STKAND, W.C. PREFACE, The object of tliis pampUet is to show on wHat grounds the officers of the late Indian Army appeal for compensation for the loss of their contributions to regimental bonus funds, and for the value of their commissions on retirement, conse- quent upon the breaking up by Groyemment of the Hon. East India Company's service, and the Amalgamation of the Indian Armies with the Royal Army ; the scheme of the late Secretary of State for India, the Right Hon. Lord Cranbome, now Marquis of Salisbury, having failed to com- pensate them. The following are copies of documents which bear upon the subject. A 2 -UJU ABOLITION OP THE BONUS SYSTEM IN THE INDIAN ARMY. Extracts from a Despatch, dated 29th November, lSS7,from the Court of Directors to the Government of India, and published, G.O.G.G., 2nd May, 1838. 1. " Gov ernment consider that tlie practice wliicli has for East India some time obtained, although now for the first time brought minuSrip-' to notice, of inducing time-expii'ed ofi&cers under the rank of tions to regi- Lt.- Colonel to retire from the service, must conduce to the con- funds, tentment of tlie officers and to tlie efficiency of tTie army 2. "We see no necessity for interfering with the arrange- ments which the junior officers of a regiment may make in individual cases for adding to the comforts of a senior officer on his retirement from the service upon the pension to which he may be entitled." 3. " The Regulation of 1793 requiring officers upon retire- ment to make oath that they have received no pecuniary con- sideration for quitting the service, has not been enforced by us in any single case of retirement in England during the period of nearly forty years which has since elapsed 6 We shall therefore continue to suspend the operation of the rule, and officers retiring from time to time will not be called upon to make the declaration unless the financial necessity to which we have referred, and of wliicli due notice shall he given^ shall at a future period be fully realized." Such was the authorization by the East India Company of contributions to regimental bonus funds to enable senior officers to retire, and this right was "guaranteed by clauses in two Acts of Parliament. Transfer of tlie East India Company's armies to tlie Grown. Parliamentary uarantees. Protests. On the Transfer of the Indian Government to the Crown, hy Act 21 §• 22 Vict., c. 106, s. 56, August 1858, taking place, the following guarantee formed part of the Act, and was repeated in Act 23 § 24 Vict., c. 100, 20 August, 1860, and is called Henley's Clause, " And be entitled to the hke pay, pensions, allowances, and privileges, and the like advantages as regards promotion and otherwise, as if they had continued in the service of the said Company. " And the advantages as to pay, pensions, privileges^ promo- tion and otherwise shall be maintained in any plan for the re- organization of the Indian army." But the transfer to the Crown was considered by several distinguished officers inexpedient and impolitic, and they recorded the following protests : — Protests of Members of Council against amalgamation. By Mr. Willoughby : — Claims to compensation to a large amount will probably be preferred by those who have expended large sums in pur- chasing out their seniors, in' full confidence that they would be indemnified by their juniors on their retirement. This system was as much sanctioned and recognized in India as the purchase system in England. I have kno-wn officers pay £1,000, £2,000, and £3,000, in tHs way, and now that tlie system is suddenly arrested by the cliange in our military policy in India, tliose affected ly it appear to me to Jiave as good and valid a claim to consideration as tlie officers of tlie royal army tvould possess, tcere tlieir system of purcliase abruptly interfered ivith ; and the validity of their claim under the contingency supposed has been generally admitted." By Colonel Duea:n'D, now Sir Henkt Dukaxd, Member of the Council of India : — The Bill in question does not sanction the obliteration of Sir Henry the vested rights of officers, autlioritatively sanctioned ly tlie letter of the Court of Directors No. 20, of the 14th February, 1837, and which for above sixty years have had free action. The hard-earned savings of many officers have been invested in purchasing out senior officers, with the reasonable expectation of profiting, in their turn, when they retired. To many, the obliteration of such vested rights must prove ruinous, and when not ruinous, it will deprive many officers and their families of a provision which they would have enjoyed but for the change now introduced by Government, — icithout due notice promised (/ /) to the Indian armies. By Sir J. Outeam, Bart., G.C.B., Member of the Council of India : — All in the service have been allowed authoritatively to Sir James make arrangements for purchasing out their seniors, and 'i^'^^™- these arrangements, and the retiring funds which have been estabHshed in consequence, cannot justly be interfered with. Relying on tliis understanding, they have regularly subscribed to funds, the object of which is to accelerate promotion, by providing bonuses out of the common purse to officers willing to retire ; and they have done so in the confident hope that when ill health or other considerations should lead to their o^Yn retirement, they would, as a matter of course, receive bonuses equal in amount to those paid to their predecessors. 8 "Will the regulations and whole macliinery of the Line be altered to meet the eq^idtable claims of these men? or will their funds be broken up, and all the prospective advantages for which they have monthly made 'pecuniary sacrifices be absolutely denied them ? Guarantee. Bonus system now destroyed. Extract of Act of Amalgamation^ 21 and 22 Vict., c. 106, s. 56, dated 2nd August , 1858. " The military forces of the East India Company should be deemed the military forces of Her Majesty, and should be entitled to tJie like ]) ay, pensions, allowances, and privileges, and the like advantages as regards promotion and otherwise, as if they had continued in the service of the said Company." Lord Deebt, as Prime Minister, introducing the Bill, thus explained its meaning : — " The Bill also provides, as far as it relates to individuals and bodies, that they shall have reserved to them all rights, privileges, and expectations which they were led to form at the time of their admission into the service." Sir C. Wood stated in the House of Commons in 1860 : — " There will he no change in the position of the officers, and to give them assurance of that, I am willing to accept the amendments of the right honorable gentleman the member for Oxfordshire (Mr. Henley), with respect to the rights and ptrivileges of the of&cers and soldiers of the local army of India." With reference to par. 1 of the Court of Directors' Despatch, dated 29th November, 1837 {see page 1): The establishment of the staff corps gave officers transferred to it promotion indejoendent of regimental promotion. The bonus system was destroyed by this act of the Government, in violation of the Parliamentary guarantees ; and the officers under the rank of Lieutenant- Colonel, who had subscribed to the regi- mental retiring fund, had their contributions confiscated. The wrong thus inflicted occasioned great agitation in the 9 Indian army, and above seven hundred oificers addressed petitions to Parliament for redress ; in consequence, on the 2nd May, 1865, the House of Commons passed the following address to the Queen, by a majority of thirteen: — " That a humble address be presented to Her Majesty, praying that she will be graciously pleased to redress all such grievances complained of by the officers of the Indian army as were admitted by the Commission on the Memorials of Indian Officers to have arisen by a departure from the assurance given by Parliament, by the Acts 21 and 22 Yict., c. 106 J and 23 and 24, c. 100." In seconding the motion of Major Jervis for the above address to the Queen, Colonel SykeSy M.P. [late member of the Court of Directors for 19 years, and an officer in the late Indian army), used the follovArig language : — " But a privilege which to the Indian officer v/as of vital Colonel Sykes. importance was that of the regimental bonus, twice officially sanctioned by the Court of Directors and the Board of Control, and conseqxiently by the British Government, in May, 1838. Its abolition presses with disastrous severity upon all officers It is the practical confisca- tion of all their contributions to regimental retiring funds, to assure a bonus to retiring officers, and to themselves when they retire. The Royal Commission on the evidence afforded to it from the India Office, concuiTed in the opinion of the Secretary of State for India that all such contri- butions were illegal, upon the supposed operation of Act George III. against sale of offices ; but that Act applied to a Government office-bearer selling his appointment to another in a personal transaction. The operation of the regimental retiring funds had no analogy to such a state of things. An old and senior officer in a regiment, as I have B 10 Colonel Sykesi Lord Cran- borne. already stated, witli liis health broken down, and incumbered with a growing-up family, cannot retire upon the pension to which he is entitled, because it is insufficient for the support of himself and family in Europe, but he says to his regiment, *If you choose to repay to me the sumslhave myself contributed to tlie regimental fund, and the value of my present position^ I will make way for the advancement of my juniors. The contribution was made by the body of officers, and the Major or Lieutenant- Colonel retired, and this was literally in the interest of the puhlic service, for otherwise a broken- down and inefficient officer would have been compelled to drag out a miserable existence in India The importance of the bonus to the retiring officer and his family is shown by the amounts paid. In the officer's ' case ' at page 11, it is stated that Major-General Pears, now IMilitary Secretary at the India Office, received £6,000 from his regiment on retirement It is most ungenerous, therefore, in the Secretary of State for India, to take advan- tage of a supioosed legal impediment^ and a decision in the Queen^s Bench ivhich loas inapplicahle to the bonus system of the Indian armies, to confiscate all the contributions of present officers, and all advantages which they had a right to derive from these contributions." Consequent upon the resolution of the House of Commons, Lord Cranborne, in his speech to the House, 6tli August, 1866, used the following language : — But, putting the guarantee aside, I think it is clear that if your servants have been largely damnified by any sudden or unexpected acts of yours, the principle that ought to be observed in every branch of the public service is, tliat we ought to do something to compensate them ; a.nd assuredly if there is any branch to which we should desire to apply this principle, it is to those who risk their lives in our defence. Viewing the matter in that light, and not in the least questioning, or attempting to reverse, the decision of former governments. 11 we still thought it our duty to attempt in some way to meet the complaints of officers on this head. Now, the House will observe, that the subscription of a bonus had for its imme- diate object to get a step of rank ; that step carried with it increased pay ; therefore, the object of that subscription was to a certain extent obtained. The officer got his advance in rank, and of course increased pay, earlier through the subscription than otherwise. If he did not purchase out his superior officer, he would remain longer in his inferior grade ; therefore, I say, the Indian officer has already got to a certain extent compen- sation for his subscription. We have no intention to pay that over again, but our proposal is this : — We understand it is stated by several officers that they have not received full compensation in that way, that they paid a very much larger sum than they had any immediate chance of receiving, in the hope that when they came to retire, they would receive compensation from the subscriptions of their junior officers. Our proposal is, that in each presidency a committee shall be appointed, which, as soon as an officer retires, shall enquire into his case, in order to ascertain liow much money he is really out of pocTcet in payments to officers loho have retired^ and the loss, loliatever it may he, the Government propose to mahe good to him. An Honorable Member. — With interest ? Lord Cranborne. — No, not with interest ; considering the enormous stimulus to promotion that has taken place, the many advantages that officers have received, and that you in practice never give compensation to public servants for the whole of their loss, we think that interest on neither side should he allowed, either for or against the officer. The House, and especially those members who take an interest in Indian matters, may wish to know what this operation is likely to cost. We have had it calculated by General Hannyngton, a very competent authority on such a subject, and his view 12 of the matter is, that it will cost about £8,000 for twenty years. Lord Cranborne then issued the following despatch : — Military, No. 100. India Office, London, August 8, 1806. To H. E. tlie Biglit Hon. the Governor- General of India in Council. Lord Cran- ^^^j — Vm^d,. 1. By my despatch, No. 159, of this day's borne's des- date, your Excellency was informed that it was my intention to address you in a separate despatch, on the subject of re- presentations made by many ofi&cers of the Indian army respecting their claim to compensation for the loss of money contributed by them, prior to the reorganization of that army, towards their regimental retiring funds. 2. I find that since the year 1837, when the Court of Directors suspended the operation of an order prohibiting such proceedings, many officers of the Indian army have been in the habit of contributing from time to time sums of money towards the purchase of the retirements of their reo-imental seniors, for which sums they hoped to receive an equivalent, either in the shape of actual promotion, immediate or prospective, or by the receipt of a similar contribution in the event of their own retirement from the service. 3. This practice, though not in every branch of the service wholly discontinued, has, it is alleged, been virtually put a stop to by the measures connected with the formation of the several Staff Corps, and the reorganization of the Indian army. 4. In a petition addressed to the House of Commons by Brevet Major Sweet, of the Madras Native Infantry, and ordered to be printed, it is stated as follows, alluding to a general order by the Government of India, dated the 2nd May, 1838 :— " On the faith of this general order, your petitioner has invested large sums of money at different times, borrowed 13 often at a very high rate of interest, in assisting his seniors to retire, in the sure and certain hope that in his turn to retire from the service he would receive it back again." And in the same petition, in alhision to the appointment of certain of his brother officers to the Staff Corps : — " The consequence of which is tliat your petitioner is not only deprived of that promotion to which he is entitled in accordance with the rules regulating promotions in the Indian army, and guaranteed to him by Act 21 and 22 Vict., cap. 106, and 23 and 24 Vict., cap. 100, but he also loses all the money that he has expended at different times in assisting his seniors through his regimental bonus fund." 5. It appears from the report of the proceedings of Parlia- ment that numerous petitions from officers of the Indian army, similar in substance to that from Major Sweet, have been presented to the House during the present session, 6. That the late Court of Directors should have withdrawn a prohibition which formerly existed to the practice of pur- chasing the retirement of officers cannot, in the opinion of Her Majesty's Government, be admitted to establish a claim to compensation under the Parliamentary guarantee, on the plea that changes in the organization of the army have operated to interfere with the continuance of a practice of this purely private and permissive character. 7. Upon this point the decision of Lord Cranworth's Commission, formed after very careful consideration of the subject, must be considered as conclusive. 8. That commission reported upon the subject in the following terms: — " But it is impossible to understand the Parliamentary guarantee to extend to this case. The privileges and advan- tages which Parliament undertook should be preserved to the army under the Crown as they had existed under the East India Company, were privileges and advantages existing between the Company on the one hand and the army on 14 Lord Cran^ the other. The Company was no otherwise a party to this borne s des- system of giving a bonus on retirement than as they may be considered to have given an express assurance that they would not interfere to prevent it, unless under circumstances of financial pressure, and with due notice. All that could be asked of the Crown is to assume the same passive state which had existed on the part of the Company. But the system being illegal, it is impossible to understand Parlia- ment as having meant to guarantee the continuance of a practice which is contrary to law." 10. It was stated, however, in my despatch of this date, No. 159, that " Her Majesty's Government are unwilling to leave the officers generally any ground of complaint which they can consistently with their duty remove." They have, therefore, resolved upon authorizing your Government to investigate the claims of officers on the above account. 11. With this view, the following course will be adopted : — A committee will be formed at each presidency, for the purpose of investigating and reporting upon claims of this nature on the part of officers borne on the strength of the Indian army on rebruary 18th, 1861. 12. An officer proposing to retire from the service, or having retired since February 18th, 1861, and being below the rank noted below* at the time of retirement, will submit his claims to compensation for the loss of sums subscribed for the purpose of assisting his seniors to retire, through the usual channel, to the Government of this presidency, by whom they will be referred to the above committee. He will submit, at the same time, a declaration, upon honour, as to the sum of money, if any, that he has received, or expects to receive, from the officers of his cadre on retirement. 13. It will be the duty of the committee to ascertain, with all possible accuracy, the following circumstances : — * If in the artillery or engineers, below tlie rank of colonel commandant. If iu the cavalry or infantry, below the rank of regimental lieutenant-colonel. 15 1st. The number of retirements among his brother Lord Cran- officers to the purchase of which the officer had ^^^'tch ' "^^^ contributed up to February 18th, 1861. This will, of course, not include arrangements which may- have been made with officers transferred to the invalid establishment. 2nd. The amount ascertained to have been actually paid in each case by the officer in question to the retiring officer. 14. These facts may be gathered from the statement of the officer himself, supported by such proof as the committee may consider sufficient ; but it will be competent for your Government, in communication with those of Madras and Bombay, to lay down any general rules that you may think fit for the guidance of these committees. 15. The above sums will be placed to the credit of the officer in each case. 16. On the other hand, the committee will estimate the value in money of the advance in rank or position which accrued to the officer from the above arrangements, and will debit him therewith. 17. The balance, reduced by the sum, if any, which he may receive from the officers of his cadre on his retirement, and, in the cases of officers who have already retired, by the value of any special annuity that may have been gi^anted to them in addition to the regulated pension, will be paid to the officer on his resignation of the service appearing in orders, provided, in the case of the cavalry, infantry, and Staff Corps, such retirement or resignation takes place before he attains the rank of regimental lieutenant-colonel, and, if in the artillery or engineers, before he attains the rank of colonel commandant. 18. Special periodical reports of the sums so paid will be made to Her Majesty's Government. — I have, &c., (Signed) Cbanbokne. 16 Extract from G.O.G.G., Fort William, 25th I-: