Note 27 — Chapter XXVI

“G. O. Head Quarters, Frenada,

“November 1, 1811.

“The office of Provost Marshal has existed in all British armies in the field * * * his authority must be limited by the necessity of the case, and whatever be the crime of which a soldier may be guilty, the Provost Marshal has not the power of inflicting summary punishment for it unless he should see him in the act of committing it. If he should not see him in the act of committing it, he is directed to report the offence to the Commander-in-chief of the army, in order that the soldier be tried, and evidence adduced against him. Further the Commander of the Forces desires that it may be clearly understood that no officer whatever has a right to order the Provost Marshal, or his assistants, to exercise the authority intrusted to them; nor can the Provost Marshal, or his assistants, inflict punishment on any man, except they should see him in the act of committing a breach of orders and discipline. Their duty is, by vigilance and activity, to prevent those breaches which the Commander of the Forces is sorry to observe are too common, and to punish those they may catch in the act.”