Star. — London, England, 1807-03-12 00:00:00

information Which he may receive, never to ufe his own difcretion, or to undertake an expedition again ft an enemy's poffellions without precife and immediate order from home, which cannot arrive until the mo ment for action fhall have elapfed—lf he is to be fo fir idly and permanently bound by the letter of his in udions under which he failed from England, that even after the full and happy accomplifhment of the objet to which thefe inflruetions were . rreded, he thall not be at liberty to undertake and accompiith aoy other, however within his reach, however impor tant in itfelf, or in its confequences, however pointed out to then by new information and by increafed fa cilities, and however nearly connected in many im portant points of view, with that which he was oti kinally Cent to accomplifh ; if this is to be the rule and limit of an Officer, exertions in a fituation of fuch mitt and confidence, the refult will, I confidently foretell, be ruin to the Britith Navy. It will lead to the intire cefration of all ads of enterprize, and to t .,, to t a l extindion of that daring fpirit which has fo ,ng hid defiance to all optoofition, becaufe an Officer be deterred by the reflection, that for venturing to attack or annoy the enemies of his country, with but pofitive 'nitrations, his conduct may be pre judged by a fuperior authority at home, and (as in the order for holding the prefent Trial) it may be ftigmatized as a flagrant breach of public duty, thatjhould not pals unpunilhed. " I mutt now, Sir, before I end my defence, and put myfelf upon the judgment of the Court, draw your attention, in a few words, to what I humbly conceive are 'he prints for your confideration. ‘4 On your decifion now depends the future con duet and enterprize of the Navy of Great Britain, always bearing in mind, that I Rand before you not for having failed in the fulfilment of orders, but for having done more than my ftriet duty againit the common enemy. The intereft I have in the refult, deep as it is, is trifling. compared with that which mutt be felt by every Officer in the Navy: I may fay by the nation at large. "As on the one hand, y•-vu are called upon to confider, and decide upon my cafe, In as not to fanc lion, or authorize by your ju:orent, a lax interpre tation, or carclefs execution, or negled of orders ; fo on the other hand, yoo a. e called upon by a due regard t- the interells of the Navy 4.f C eat Britain, and as involved in the'- interetrc, the fatety and inde pendence of a nation, wl ich rooks up to tnat navy for priaeetion, not to check that energy and fpirit of enterprize, which if checked by an unlavv..:able fcn tence on me, and paired by fuch a Court, and fo compofed, may not eafily be revived. I confider myftlf as an humble individual, (landing bd. 4e you on a charge deeply affeding my charader, but more deeply affeiging the future interelts of the navy. 44 My cafe mull be decided on general principles, totally unc nneeted with any feelings which relate to me perfonally, and it is for you, Sir, and the Ho nourable Members of this Court to determine—whe ther an officer, circumflanced as I was, employed as I have been on previous occafions, led on by a fin gular and conneded chain of circumitances, to con fider this enterprize as a favourite object, not of my own ambition, but of the %vacs of a great and dif tinguifhed Minifier, on whole approbation would have followed not merely protedion, but probably commendation, money, and rewards ; having been originally and fo lately appointed to carry into execu tion, diverted from it only by my own fuggeflion of an intermediate expedition, having a full and confi• dential knowledge of all the cir cumflances which for a time delayed the execution, and heating in a diltant part of the world, without means of immediate communication, that all there °blinks had been done away; having aim() means at my difpofal, ade quate, as I thought, to the end, and believing in the then (tare of Europe, and particularly of my country, the immediate execution of this plan was molt im portant—it is for you, Gentlemen, to fay, under all thee circurnflances, whether I was jutlified according to my orders, or whether I am not to hand exculed for havi,4, hazarded this exercife of difcretion. 44 In ynui ha..ds I put with confidence try cafe, fatisfi.fii that tl.e importance of it, and the attention I have rcee'vecl, will eniure to me the benefit of all the circumtlances I have Rated, and of the arguments I have urged. On t!tefe grounds I humbly hope and trull that I (hall receive from the juttice of the Court an honourable acqvirtal." Sir Hugs Porn M having clhced his obfervations, the names of the le-, ral witneffes were called over by the Deputy JodLe Advocate. And having an fwered to their names, they were ordered to retire, until they fhoul ht vet ill) called upon by the Court. EXAMINATION OF WITNESSES. Lord Vifcuunt MELVILLE fworn and examined. By Si: DOME I),.PH A 51. your L .rdfhip have the goodnefs to relate to the Court all the communications I had with Mr. Pitt and your Lo;dfliii,, .olledively or individually, on the fuhjea of an expedition to South America, as far as your rtcolleftion may ferve yuu Soon af ter I came to the Head of the Boat d of Admiralty, I had ocean ,n to learn, that the Adminithation pre ceding that of which I had the honour to form a part had Rime converfation with General Miranda, rela tive to tome proje:ls he entertained with refped to South Amctica. 1 did nut immediately give much attention to it, becanfe, not being then at war with Spain, I did not think how, conlittently, the Govern ment of this country could take any atttive part. In the dimmer of 1804, I had little doubt, frnin the offi cial lituati;m I held at the Bard of Admiralty, and from communicaiioni I had eccafion to hold with the Heads of other public departments, that inch a war would loon take place ; I therefore thought it my duty, through St: E. Nepean, Sir H. Popham, and others, whom I had reafon to tklieve were acquain ted with the particulars upon this fubjea under the former Administration, to infoim rayfelf more mi nutely relative to the views and proje:As of General Miranda. I likewife had more than one confidential communication with him, and the refult of my npi. mon was, that although it might not be wife ur ex pedient, or, perhaps, within the means of this coon try, at that time, to commit themfelves to the full extent of his prcjetis, it was of the utmost impor tance to this cutitary, fo far to watch the progrefs of his operations, as to make tile of them, if they could be mad.: fubffrvient to the purpofes of opening the pu s of South America, to the trade and manufac tmcs of this country ; I had almoft daily communi- Cattulla s both in town and at Wimbledon, with Mr.] Pitt, and the Heads cf the then Admini9ration; and I the fobjeet was more familiar to me, becaufe, for I many years back, pal Ocularly in 1796, I had occa lion to confider it very maturely, with a view of pre paring, ii. concert with the then Board of Admiralty, operations againft South America, on a very eaten five reale. I was then Secretary of State for the War Department. In conf:quence of the convertations I had with Mr. Pitt as already mentioned, in 06tober or November, nearly about the time the war broke out , ;•1) Spain, and the capture of four Sp.mifh fri gates, I defired Sir H. P 'pham to attend me, in order that he might be at hand to attend Mr. Pitt and my fell, at any time that we withed to confult him ; and I think about the fame time the (hip Diadem being vacant, I wrote a letter to Sir Home Popham, dated Nov. 1, t 804., hating, that General Miranda now be ing more urgent with me, as he thought we were at war with Spain, to commence an attack on Spani(h America ; and not knowing any thing more conve• nient to place Sir Home in, than the Diadem ; the letter directed him, if the weather was fair, to come up. This letter was not Signed by the official Secre tary, hut by myfelf. I had many communicatkns with him, and in confequence of daily criverfations I had with Mr. Pitt on this fnbjeet ; thefe communi cations continued during the remaining period I was at the head of the Admiralty. I ceafed to be at the head of that fitua.ion immediately after the Bth of April, 1805. After that, I had many interviews with Mr. Pitt, until our final feparation at Bath, in the beginning of the year 1806 • but from the time I ceafed to be his colleague in office, I made it an invariable rule to avoid all converfation with him upon all fubjeels of a public or confidential nature, fo that, from my own knowledge, I can fpeak to nothing after the Bth April, 1805. Q . Does your Lordfhip recollea directing me to attend Mr. Pitt, at Wimbledon, in 1804, when we difcufted all Miranda's views, when there was no perfon preterit but yourfelf and him ?—A. I perfeelly recolleCt fuck a circumflance and interview, but can• not (peak to the precife period. 1 QWas it on the day of the night M r . Pitt went to Weymouth to the King ?—A. Very likely, as he went from my houfe. _ Q. Does your Lordfh'p recoiled, after converting wi:lt Mr. Pitt on that fubjed, as to the readiell way to I.rward the views of General Miranda, Mr. Pitt's direfting me to draw up a fpecific memoir, in concert with him. explaining all the views of General Mi randa, from time to time, communicated to me, and delivering it ro Mr. Pitt, through him, or by ntyfelf? —A. I recoiled, perfedly, receiving fuch a Memo. rial ; and, wifiting to know the extent of his views ; bat certainly avoided to commit my fell, or the Britith Government, beyond the ohjed I have already llated, relative to South Ame:ica ; upon which fubjed I certainly entertained a moll anxious with, almoli all the time, until I had occafion to take the public fer vice under toy more immediate confideration. And that anxiety never diminifhed, but much increafed, in confequence of all the events which, for force years pail, had taken place in the Ealt Indies, the Weft In dies, and, above all, on the Continent of Europe. Q In confequence of your Lordfhip's great prefrure of bufinefs, it is poffible you may not recoiled all the circumliances of the whole fubjed, fo well as myfelf, who had nothing elfe to think on ; but you may re coiled employing me to draw up fuch a Memoir ? A. I certainly did employ you fo to do. Q Does your Lordfhip recoiled, that when you did me the honour to appoint me to the Diadem, it was for the purpofe of profecuting tome part of the plan mentioned in the faid Memoir?—A. When Sir H. Popham was appointed to the Diadem, it was for the purpofe of co•operating with General Miranda, in loch objcds, mentioned in the Memoir, as might be conducive to the interells of Great Britain. Q . Does your Lordfhip recolleCt, fo far as to bring it into your contemplation, whether the feafon was fo far advanced, that the part in which I was to be particularly employed, was to rad& me to the particular objeCl of the Cape, or to allow me a dii. cretion of protecuting other objects, with a view to open the markets in South America ?—A. know that the great ()Nat was, to open the markets of South America, but cannot fpeak as to general de- tails; but circumftances occur to my mind, that the bonnets war not then fa far advanced as to be the fubjta of detailed inttruetions. It occurs to me, at this moment, as no: improbable, that the Coal! of South America, in the vicinity of Trinidad, was, at one time, looked upon as a probable fcene for opera• ticns. Q On hearing of the capture of Buenos Ayres, did your Lordfhip confider it as an acquifition ma terially advancing the great obje9 Mr. Pitt and your Lordfhip had in view, with refped to South America ? Mr. Jsavts objeCted to the •queflion ; but the Court confidered it a mere matter of opinion, and over-ruled the objeetion. Sir Home Popii am obferved, that by the queflion, he only meant to prove the opinion of the Cabinet, as to the original plan of attacking South America, and the defign to follow up that intention. Mr. jeavis laid, that it was quite fufficient for him, that the Court difapproved of his objeetion, to induce him to relinquifh it. A. No doubt the capture of Buenos Ayres was highly beneficial to the objet we had in view; but I am by no means Pure, if I may not have taken that impreffion from the circumflance of Buenos Ayres having been one of the fpecific objets in view, when the armament was in contemplation in 1796.. I re member there was an armament in contemplation, which was to go round Cape Horn, and to take Buenos Ayres in its way. (Z.... Does your Lordfhip recolleft my having been confidentially employed both in the late and prefent war, by different Members of the Cabinet ?—A. I certainly know that Sir Home Popham was employed confidentially by the different Members of the Cabi net he alludes to. Q . ._ Does your Lordfhip month, that in my be. ing employed in confidential fervices, circumltAnces arofe, which were not provided for in my intlruc tions, nor indeed could they be ; and that, under thefe circumittnces. I exercifed very large difcre tionary powers, in the attainment of the great objea for which I was f, employed. I particularly allude to one of my millions to the Court of St. Pcterf burgh ? Mr. Jeavis objean:l to the queftion, upon th.c grounds that the Frifoner fought. to inter, that bc- caufe he had upon other occafions eiercifed an en larged difcretion, he was therefore warranted to do to upon the prefent occafion. Sir Homy Priptiam.—" I ufed it to (hew that I was meeting the objet of the Government by whom I was employed, and as a jullification for my deviat ing from my inftru&ions." The PR E SIDE N T- 44 You huge no oceafion to trou• ble yourfe!f; as having before exercifed a large dif cretion, you had a reafonable right to prefirme that the exercife of a large difcretion in this cafe was ad miffible. It is the bufinefs of Sir Home Popham to (hew that officers generally had exercifed a difcre• tit nary power under Inch circumliances." LoicIMELIfiLLE" I am afraid, in anfwering this and other queftions, I may be led to difclofe confi dential matters, which fhould not be made public ; but I may give A genera: anfwer, that Sir H. Popham has been confidentially employed, and received the full approb4tion of the Government." • Admiral STAN HOPE-•-•" HZ' May, I Clink, anfwer this queftiost, in ur der to thew that Sir Home Popham svgs, upon other occafions, permitted to ciercife dif cretionary powers." By the Prefecutor (Mr. Jsavts.) Q. Does your Lordlhip recollect at what time Sir Home Popham was appointed to the Diadem I cannot recnllet the precife time, but from a letter of December 1804, it mull have been about that period. Q._ Does your Lord(hip recollal whether the ne. gociations which were carrying on between this country and Spain, had or had not terminated be fore that period ?—A. I cannot, from memory, fit the precife time, but I make no doubt it was a Ilion time after the date of this letter, as 1 remember the accounts came recently before the meeting :If Parlia ment. Q._ Was Sir Home Popham appointed by your Lordfbip to the Diadem, with a view to carry on of fenfive operations againft Spani(h South America, and to what part of it in particular ?—A. I believe Sir Home Popham was appointed to that (hip with a view of co•perating with General Miranda to the ea• tent of taking advantage of any of his proceedings which would lead to the acquiring upon the continent of South America a trade favourable to this country —but do not recollea any precife place having been appointed. _ _ • Your Lordfhip has faid, that you had many contultations with General Miranda; and the refult , of thofe cpininns was, that although it might not be' expedient or within the means of this country, at that time, to commit themfelves fully to the extent of his proje9s, it was of the utmofi importance to the in tereits of this country, fo far to watch the progrefs of his operations, as to make ufe of them, if they could be made fubfervient to the purpofes of opening the South American market to the trade of this country. Was that the objeet you had in view when your Lordfhip appointed Sir Home Popham to the Diadem ? and did you continue to entertain the fame ohjth, and to the fame extent, during the remainder of the time you prefided at the Admiralty ?—A. It was with the view, mentioned in the question, that I appointed Sir Home Popham to the Diadem— and I do not recoiled that, during the period I remained afterwards in the Admiralty, Government had in contemplation any plan upon a more eaten live fcale. IQ, Was Sir Home Popham appointed to any com mand, authorifing him to attack any part of South America ?—A. Certainly not, in the proper fenfe of the word. O. Is there any note or official document on the Records of the Admiralty, to your recollection, dat ing the objea for which Sir H. Popham was appoint ed to the Diadem ?—A. I cannot fpeak to an abfolute certainty ; but I thould think there is not. Q . , Your Lordthip has raid, that Buenos Ayres was one of the principal objects in view, when the armament was in contemplation in 1796. Had your Lordthip that object in view at any time Since the breaking out of the prefent Spanith war, up to the time of your Lordtitip's quitting the Admiralty ? A. At ail times, . and from every converfation I have had with Mr. Pitt, I make no doubt Buenos Ayres was often the fubjeet of difcuffion—my rea fon for being fo confident of it is, that in all the confideration I ever gave to the fubjeet of South America, who her the attack was to be made on a larger or fmaller fcale, I always confidered the Rio de la Plata as a molt important pofition for the in , tereils of Great Britain upon that tide of South America. QI would take the liberty of afking whether with thole opinions, it was determined, by his Majelly's then Minitlers, to make any attack upon Buenos Ayres ? and whether Sir Home Popham was appoint ed to any command for that purpofe ? A. Ido not believe that his Majefly's Government, colleelively. had ever come to any refolution to make any attack upon South America. And it will be recollected, after what I have already flared, that it was only for a few months, after the beginning of 1835, I remain ed in office. By the Cover. O In the attainment of thole objeas upon which Sir Home Popham was employed by his Majefly's Mini!lets, in which he ufed his own difcretion, and his condna was approved of, was he employed as a Captain in his Majeßy's navy, or on Cervices diffina and different from the naval department ? A. Ge. nerally of the latter defcription ; except one initance of the expedition to the Red Sea. By Sir HOME PoPHAM. Q . „ Was it ufual to enter a Minute at the Board of Admiralty when an Officer was appointed to a coin mand, or feleded by the Cabinet fur a particular feu. vice ? A. Certainly not. Q . , is there any fervice in which an Officer re quires more difcretionary power, than when he com mands a fquadron upon a foreign and diftant nation ? The Court would not permit this quellion to be anfwercd. Mr. Sturges Bourne fworn and examined. By the PRBSIDIN T. O Is k probable, Mr. Bourne, from the fituation you hold, that you fhould be acquainted with the fecrets of Government ?—A. I am not aware of the extent of that queftion. By Sir HOME POPHAM. Q._ Were you one of the Under Secretaries of State, in July 18(4 ?—A. I was. Q, Did I communicate to you at that time Tome confidential information which I had received rela• tiie to the Cape of Good Hope i—A. I do recoiled that Each a communication was made to me, and I think it was in the month of July, 1805. Q._ State flr what purpofc I made that commu nic.cinn to you ?—A. That communication was made to me in order to convey it to Mr. Pitt. QWhat was done by you in cnnfequfmre thereof —A. I communicated the fobaance (.1 it, without lofs of time, to Mr. Pitt ; and I h-licve while Sr: Home Popham remained in my rorm at the Ttea. fury. Mr. Pitt dellred me to make further ingnii ;et, in the quarter from whence the communication was derived. I immediately obtained an imerview with one of the Gentlemen, frnm .vhom the info!mition was received, and carried him to Mr. Pitt the teat day. The refult of thefe interviews was a cf , mple!e confirmation of the flateronts of Sir Home Poph,,m; and Mr. Pitt infiantly determined to take the necef fary meafures for an expedition againti the Circ. Q._ Do you recollea whetter you received any lei flructions from Mr. Pitt, either to confirm the Bence I gave you, or to collet any collateral prosst ~ f it, antecedent to my teeing him ?—A. Mi. Pitt, I apprehend, direisled the inquiry to be made by me, in order to gain the mill pt ecife intelligence that c ,, uld be procured; and I believe, but am not pnfttive, that it mutt have been antecedent to his (icing Sir H ).11e Popham on this fubje&. Upon being remindA by Sir Home Popham, I think I went down to Mr. Pitt, and then returned again to Sir Home Popham. The names of the Gentlemen from wham the infor- mation was derived were then given to me, and, I believe, he did accompany me to a houfe in Pali- Mall, where one of them, I think, was fnnnd. Q Were you prefent at any conyet fations wi:h Mt. Pitt, on the lubjedl of the Cape of Good Hope ? —A. I certainly was. Q.. Can you (late, from your own knowledge, that any expedition to the Cape was in contemplAti m at the moment I Frwored the one in quell ion ?—A. I am quite fute Mr. Pitt had no Inch expedition in his contemplation when Sir Home Popham made this ptopofal ; and I have no reafon to believe that any other of the King's Minitiers had any fuch obje& itl view. QDo you recolleCl the confidence repofed in me by Mr. Pitt, and my taking the liberty, which I did, in confequence of that confidence, to afk him, %/hen he expelled a doubt, what military officer lhould command the expedition, and my fubmitting the name of one for his confederation ?—A. I have a faint ret.olleetion ; but it is not fufficiently ilrong to enable me to fpeak pofitively. Q . ._ To the belt of your recolleetion, whether was it the officer that I named, that did command ?—A. I have a firongimprellion on my'mind, that Sir Home Popham was anxious that Sir David Baird thould command the army. By a the COURT. In the conveifation you had with Mr. Pitt, what was determined, and who was appcintA to at- tack the Spanifh Settlements in South America, after the attack of the Care, in cafethe event cf that attack was fuccefsful ?—A. I teco i lleCt no propofal being then made relative to the fettlemews in South America. I certainly have, at another time, heard Mr. Pitt exprefs his opinion on that fubjeet. Sir HOME POPHAM here lamented, that on this prominent feature of his defence, he was precluded from offering the teftimony of that great man, with whom he had concerted the project, and who was now for ever loft to him and his country. Mr. Hufkiffm (worn and examined. By Sir HOME POPHAM. _ - Q Were you one of the Secretaries of the Trea• fury in 1805 ?—A. I was. Q Do you recoiled my taking leave of Mr. Pitt, on the 29th July, iBos, previous to my failing for the Cape of Good Hope ?—A. I recoiled Mr. Pitt and Sir Home Pitpham being in my rooms at the Trea fury, but do not remember his taking leave. Q Do you recoiled my telling you that Mr. Pitt withed you to furnifh me with the names of Time Gentlemen who were likely to procure me fame in formation upon the fubjed ?—A. I recoiled generally a converfation with Mr. Pitt, who expt died an anxiety to obtain every poffible information relative to South America, and clefired I would take every opportunity of procuring information, and collecting and keeping together loch as could be fo procured. But I do not recoiled the precife converfation alluded to. I have, by the dare of Mr. Pitt, convetfed frequently with Sir Home Popham upon the fubjed of tuch infor mation. Q. Was the impreflion on your mind, that I, at the time alluded to, either from what I Paid to you, or what afterwards occurred, had had any converfa- Lion with Mr. Pitt on the fuhjeet of South America ? Mr. JERvIS objeaed to this quellion, as not being evidence. The COURT alfo thought it irrelevant. Q Had you any converfation with Mr. Pitt, in 1805, on the fubjed of south America, and parti cularly Buestos Ayre, and did you, by his diredions, take any Reps refpeding myfelP—A. I formerly Rated that I had fome converfations with Mr. Pitt on the fubjeet of South America, and I might fay par• titularly retpeding Buenos Ayres. Q Have the goodr.efs b Rate the nature of thole converfations in zeneral, with Mr. Pitt ; but I do not with to exalt from you any thing that can affect the in:erefts of the State, or of in,iividuals, however the refult of fuch difclofure might be effential to me in this profecution ?—A. I believe, almoß on every occafion, Mr. Piti converted with me on the fubjed of South America; his attention was celled to that part of the globe particularly. A pe:l wit brought to me a plan or chart of the Rio de la Plata, which had been then recently, as he informed me, publifhed at Paris, the original being taken from the depot of the King of Spain, at Madrid ; and he added, that he had intelligence which led him to believe that that plan would thortly be of ufe to fome part of the French Navy, v ho would probably find their way with troops to that place. Knowing this perfon was one in whom Mr. Pitt could place reliance I felt it my duty to communicate to him this information.— Mr. Pitt Rated to me generally, the views he enter tained with refped to South America ; and he gene rally conceived, that it would be a moll effential object to this country, to maintain our naval fuperi ority, and the facility that fuperiority afforded, to commence the operations againft South America, if the fuccefs of the confederacy on the Continent did not correfpond with his withes. The plan of opera ration propofed would not only open the market: of