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n! the prospeB, to ex petit that official ordprs should hve been regularly transmitted to hini by the Admiralty of that day. In the course of the Defence, Sir Host dwelt s:ecincly on ;he manner in which he had been weed by the present . Board of Admiralty, parri. ri lily in own points ; those of their acknowledging receipt of his letters, containing accounts of his yr oc,edings in the capture of the Cape of Good /lope, and those containing his plan, and the time of his sailing for Biel de la Plata. To the first, their Lordships' Secretary, as Sir Home states, c oldly replied, that be had it in command from their Lordships •fp acquaint him, that be bad re• cived his letter and inelotures, giving an account of surrender of the Cape and its Dependencies, and had the honour to remain his most obedient servant. With this letter, in the same packet, was s iirther, acknowledging the receipt of one from Sir inclosing a letter from Capt. Donclly of the • ,Ira, detailing his accr:unt of the destruaion ‘`.'eVotte French privateer, in which Sir Home . d by their Lordships to express to Capt. .• . 'r thoir warm approbation of his condua, •c of his officers and men; while, for the cap , ,f the Cape, Sir Home had not one word. The , had been thanked, and spoken of in the hard : t terms, but not one word front the Board of tatty in praise, or even speaking of his conduit occasion in trims of common satisfaction. another letter he received acknowledgment 4 1: neir Lordships hlytng teteived his plan of ope :,rilne against the Settle ments of the Rio, de la Pieta. The same cold manner was here ol,scrved, a' in the tortiNer ease. Their Lordships had received fas tossimunications, and the Secretary had the hn- hour to be his must obedient humble servant.— ,arely, said Sir Home, it my conduS had been di:. a poroved, it would have been no difficult matter to li,ve hinted it; or was I not rather to think, that the neat of the *mender of the Cape of Good llcpe being acknowledg.d in terms similar, and tlt..t being an dcquisitiun of undoubted importance, 1 Wight also conclude, by a fair inference, that my orrations were approved I+y the same taciturnity? —lle complained mast of the roamer in which he bad been sent home, in a small prize brig, miser ably manned and worse armed. But he thanked Gni he had arrived safe to meet the accusations that had been heaped up for his reception. He commented with much force, and a considerable degree of eloquence, na the manner in which the charges wcze drawn up against him ; the unusual style of which was to stigmatize him (in the w,rds of the Order) with a flagrant neglea of duty, tirti:h the same Ord.r, cn the face of it, says, in their Lordships' opini ~,,, ought riot to go unpunished. Sr Home Popham havi:T here closed hit obser vations, the names of the several witnesses were called over by the Deputy Judge Advocate. And having answered to their names, they were ordered to retire, until they should be s ever a lly c a lled upo n by tie Court. EXAMINATION OF WITNESSES. _ _ Lord Viscount sworn and eiandned. By Sir Haut Porn Ar. Q. Will your Lordship have the goodness to re- Lae to the Court all the communications I had with r.,Pitt and =out Lordship. collectively or indivt- ' en - sliy, on the subject of an expiidition to South alsaetica, as far as your recollection may serve you ? —A. Soot: after I came to the Head of the Board of Admiralty, I had occasion to learn, that the Ad ministration preceding that of which I bad the ho rnet. to form a pail. had some conversatien with General Miranda, relative to some proktas he en tertained with raped to South America. I did not immedietely give much attention to it. because, not King then at war with Spain. I did not think how, momently, the Gomm:nett of this country could Like any aEtive pair. In the summer of 130, I had little doubt, from the official situation I held at the Beard of Admiralty, and from communications I had occasion to hold with the Hoods of other pub ic departments, that ruck a war would soon take place ; ol therefore thought it my duty, through Sir &peen. Sir H. Popham, and others, whom I had reason to believe were acquainted with the particu his upon this sublet* under the forms, Administra. tinn, to iniot m myself wore minutely relative to the views and projella of General Miranda. I likewise had more than tine confidential coinewahicatiou with him, and the result of toy opinion was, that although it might not be i.iise or expedient, or. perhaps, within the means of this countr,-, at that time, to commit themselves to the.full extent of his preleets, it was of the utmost importance to this country, so tar to watch the progress of hit operations. as to make use of them, if they could be made Subservient to the perposea ot opening the ports of South Ameiti; ca, to the trade and manufaeures of this country ; I hod almost daily communications, both in town and at Wimbledon, with Mr. Pitt, and the Heade of the then Administration ; and the subject was more to me, bscime, for many years back, par- Lculatly ut 17yti, I had occasion to considts it very :namely. with a view of preparing, in concert with the then Board of Admiralty, operations against South America, on a very extensive scale. I was then Secretary of State for the War Department. consequence of the conversations I had with Mr. as etready mentioned, in tisllober or Nevem • early ads in the time the war broke cut with • ond the capture of lone Spanish frigates, I :to H. Popham to attend me in order that • be at hand to attend M r . Pitt and myself, any time we wished to consult him; and I th.r.l: about the same time, the ship Dian being eacaot, I wrote a letter to Sir Home Popham, statist Nov. 1.1804, stating, that General Miranda not being mute nigent with me, as he thought we were at war with Spain, to commence an attack on Spanish America ; and not knowing any thing mire conve aieut to place tilt Home in, than the Liatkori the letter dire led Ision, it the weather was fair, to "nue np. This letter was not 41:;red Ly the offioial Secretary, but by myself. 1 had nitoty commuMciLious with hon. and in consequence cf daily se;:emetionto f had with Mr. Par on this toh . fril three conimunications coral uneil during the remaining period I was at the head of the Admiralty. I ceased to be at the head of that situation honfeJtatalcalter the &h April, 1805. k!:r Shot. I had many troersievis with Mr. Pitt, cur Snal separation at Path, in the beginning roc year 1806; but from the timo I ceased to be .i.a colleague in once, I made It an iekvatiltALLVls to avoid all eonvasation with him upon all inhjeas of a public or confidential nature. so that, from my own knowledge, I can speak to nothing after the Bth April, 1805. Q. Does your Lordship wealth direfting me to attend Mr. Pia, at Wimbledon, in 1110 t, when we discnssed all Miranda's views, when there was no person present but yourself and him?—A. I per feCtly recolleil such a circumstance and intetvivw, but cennot speak to the precise petiod. Q. Was it on the day of the night Mr. Pitt went to Weymouth to the King?—A. Very likely, as he went from my house. Q. I Ines your Lordship tee - Wirt", after conversing with Mr. Pitt, on that subjeCt, as to the readiest way to froward the views of General Miranda, Mr. Inn's direCtiril me to thaw up 'a specific Memoir, in concert with him, explaining all the views of Ge neral Miranda, from time to time, communicated to me, and delivering it to Mr. Pitt, through him, or by myself.—A. I recalled, perfectly, receiving such a Memorial; and, wishing to know the extent of his views ; bus certainly avoided to commit my self, or the British Government, beyond the chiefs I have already stated, relative to South America ; upon which soya I certainly entertained a most anxious wish, almost all the time, until I had occa sion to take the public service ender my mere imme diate considetation. And that anxiety never dimi nished, but much increased, in consequence of all she events which, for scone years pass, had taken pace in the East Indies, the West Indies, and, above ail, on tile Continent of Egli-ape. Q. In consequence of your Lordship's great piesiure of business, it is possible sou ma# not re coil. .9 all the circumstances of the whole subjeut, so v.ell as myself. sehlitiad nothing else to think on; but you may recolleft emOnying me to draw up such a Met:llo4 ?—A. I certainly did employ you so to do? Q. Does your Lordship recoiled, that when you did roe the honour to appoint me to the Diadem, it was for the put pose of prosecuting some Fart of the plan mentioned in the said Memoir ?—A. When Sir H Po[lam was appointed to the Died, NI, it was for the purpose of co-operating with General Miranda, in such ()Ned', mentioned in the Memoir, a? might be conducivp to the interest of Gr-at Britain. Q. Does your Lordship recoiled, so far as :o bring into your contemplation, whether the season was so far advanced, that the part in which I was to be particularly employed, wz.; to result me to the political:sr objeß of the Cape, or to allow me a discretion of prosecuting other objet;, with a vie% to open the markets in South America ?—A. I know that the great object was, to open the markets of South America, hut casina speak as to g;oeral details ; but circumstances occur IQ my mint, that tire business was not then so kar advanced as to he the sobjed of detailed instrudons. ft occurs to me, at this moment, as not iosprot;able, that the Coat of South America, in the vicinity f Trinidad, was, at one time, looked upon as 1. probable bC.4 RC for operating. s. Q. On hearing of the capture of Burros Ayres, did your Lordship consider it AS an a;,:uisition materially advancing the ghat ohjeet Mr. Vitt and Lees 41:4 is view, with revised to Bombmeric. America f Mr. hay's (Netted to the question ; but the Court considered it mere matter of opinion, and over-ruled the objettion. Sir HON a Purr A as observed. that by the questirm, he only meant to prove the opinion et the Cabinet, a s to the miginal plan of aitic king South America, and the design to follow up that intention. Mr. Jeans• rsid, that it was quite stifficient for him, that the 'Court disapproved of Lis objedtion, to induce him to relinquish it. A. No doubt, the capture of Buenos Ayres was highly beneficial to the objet we had M view; but I sin by no meals sure, if I may sot have taken .hat impression from the circumstance of Buenos Ayres baring been one of the specific objects in view, when the armament was in contemplation In 1796. I remember there was an armament thin in con teniplation, which was to go ronisil Cape Horn, and to take Buenas Ayrss in its way. Q. Does Tnur Lordship recollect my having been confidentially employed both in the late and present war, by different Wristlets of the Cabinet?—A. certainly kw's, that Sir Hume Popham was em ployed confidentially by the different Members of the Cabinet he and,: to. Q. Does your Lordship recolleft. that in my be. ing employed in con6denti4l set Vial, CIICUTSUItCsi arose, which were not provided for to my instruc tions, nor indeed cculd they Lei and that, under these circumstances, I exercised very large discre tionary powers, in the attainment of the great object for which I was in employed. I particularly allude to one of my missions to thz Court of St. Peters burgh Mr. heals ()hefted to the question, upon the grounds that the Prisoner sought to inter. that be cause he had upon other occasions exercised an en larged discretim, Le was theretcue warranted to do .• so upn the present occasion. Sir note► Poenete—" I used it to sltew that 1 was meeting the object of the Government by whom I was employed, and as a justification for my de. viating from my instructions. 'rhe Paasincter—.. You have no occasion to &rouble }ourself! as having before exercised a large discretion, you had reasonable right to presume that the exercise of a large discretion in this case was admissible. It is the business of Sir Home Popham to thew that officers generally had exer cised a discretionary power under such circum stance.," Lord Mrtvttt.t—'• I am afraid, in answering this and other questions, I may he led to disclose confidential matters, ohich should notlbe made pub lic; hut I may give a general answer, that Sir H. Popham has been confidentially employed, and re ceived the lull approbation of the Governmeot " Admiral St.stortse--o He may, I think, answer this question. oiler to aim that So !Wore Pop. ham was, upon tither occasions, permitted to east cise discretionary powers." By the Pro erutor (Mr Jeavt.) Q. Dies your Lordship recolied at wh•+t time Sir Hccle Popham was appinted to the Diadems cannot recollefl Cie precise time, butkom a letter of December Mt ; it most Itst•a beset about that period. _ - gnciationt "Aids were carrying on bet-.cr,on Otis country and Spain, Flu,: or had not trim:oared be fore that perini ?—A. 1 cannot, horn me:v(4y, fix the precise time, but I make no dcul,t a sh ,, rt time aft.-r thr date of this letter, a.; I r rnt.u.',cr c accounts came recently before the meetii,?, ~1 Pat li arrfria. Q. Was Sir Home Popham appointed by your Lot dshiy) to the Diadem, wish a view to carry on offensive operations against Spanish .iouth America, and to what part of it in particular i—A. I believe Sir Home Popham was appointed totlat ship with a view of co-operating with General Miranda to the extent of taking advantage of any of his proceedings which would lead to the acquiring upon the conti• neat of South America a trade tavouralde to this country ; but do not recoiled any precise place having been appointed. Q. Your Lordship has said, that you had many consultations with General Miranda ; and the result of those opinions was, that although it mieht not be expedient or within the means of this country, at that time, to commit themselves fully to the extent of his pr jeds, it was of the utmost importance to the interests of this country, so far to watch the progress of his operations, as to make use of them, if they could be made subservient to the purposes of opening t4e South American market to the trade of this country. Wa, that the °hied you had in view when your Lord s hip a pp o i nte d Sir H. Popham to the aritiesia? and did you continue to entertain the same °hied, and to the same event, during the remainder of the time you presided at the Admit-. laity I—A. It was with the view, mentioned in the question, that I appointed Sir Home Popham to the Diadem; mad I du not recoiled that, dosing the period I. remained afterwards in the Admiralty, ' Government had, in contemplation any plan upon a more extensive scale. Q. Was Sir H. Popham appointed to any cons. mend, authorising him to attack any part of South America Certainly not, in the proper sense of the word. Q. Is there any ante or official document on the Records of the Admiralty, to your recollection, stat ing the objet for which Sir H. Popham was ap pointed to the Medea I cannot speak to an absolute certainty; but I should think there is not. Q. Your Lordship has said, that Buenos Ayres was one of the principal objs&s in view, when the armament was in contemrlatten in I7Sti. Had your Lordship that °Ned in view at any time since the breaking out of the present Spanish war, up to the time of your Lordship's quitting the Admiralty ? A. At all times, and from every conversation 4 bare had with Mr. Pitt, I make no doubt Busse Ayres was often the suhjed of discussion ; my res. son for being 51 confident of it is, that in all the ear sideratiou I ever gave to the subjed of South Am*. rice, whetner the attack was to b. made en a larger or smaller scale, I always considered the Rio de la Plata as a mess im f ortant position for the interests of Great Britain upon that side of South America. Q. I would take the liberty of asking whether, with those opinions, it was determined, by His M.tiesty's then Ministers, to make any attack upon Buenos Ayread end -whether Sir Honte Popham was appointed to any command for that purpose ? A. I do not believe that His Majesty's Govern tn .nt, colledively, had ever come to any resolution to make any attack upon South America. And it will be recoils:led, alter what I have already stated, that it was only for a few months, after the begin ing of 180, 1 remained in office. Ey the Couer. Q. In the attainment of those objets upon which Sir flame Popham was employed by his nijesty's Ministers, in which lie used his own discretion. and his conduct was approved cd, was he employed as a Captain in His blajcAy'snavy, or on services distinet and different horn the naval department ?—A. Generally of the latter description ; except one :a stance of the expedition to the Red Sea. By Sir Home Pons/sm. Q. Wu it usual to ein.r a bliiicre at the Board of Admiralty w,ea au Oificer was appointed to a command, or selected by the Cabinet for a particu lar service I—A. Certainly not. Q. Is there any service in which an Officer re quires more discretionary power, than when he cum:uands a squadron upon a foreign and distant station I 'the Court would not permit this question to be answered. Mr. Sturges &urns sworn and examined. /3y me PIbAIDICHT. Q. Is it probable, Mr. B .tune, ft.m the situation yoo hold, that you sbi.uld be acquainted witn the secrets of Crevernmoir :—A. I an not aware of the meat of that question. • By Sir Home POP H a Y. Q. Were you - tele of the Usider Secretaries of State, in July 1805?—A. I was. . _ Q. Did I communicate to you at that time some coolidential inf,irmation which I had received rela tive to the Cape of Good Hope ?—ik. I do recollect that sech a communicati•in was made to me, and I dont: it was in the month of July, 1805. Q. litate for what furpilse I made that commu nication to you ?—A. That communication was made to mil in order to convey it to Mr. Pitt. Q. Wriat was done by you in consequence thereof ?—A. I communicated the substance of it, without loss of time, to Mr. Pitt ; and I believe vitae Sir Home Popham remained in my room at the Treasury. Mr. l'itt desired me to make turfer 'molt ies, m the quarter from whence the communication was derived. I immediately ob taine,l an interview with one of the Gentlemen, from v:hom the information was rcccived, and carved Lim to Mr. l'itt the neat day. the ic,ult of these interviews was a complete confirm .tion oft.e state oie,,ts of Sir Wail Popham ; and Mr. Pitt in stantly determined to take the necessary measures tur 411 expedition against the Cade. Q. Do you recoiled whether you received any instructions from Mr. Pitt, either to confirm the in teil'gence I gave you, or to coiled any coliateral proof of it, antecedent to my seeing him?—tl. Mr. Pitt, I apprehend. direded ihe inquiry to be made Isime, in order to snits the most precise intedigence that could he procuted ; and I believe, but am nit punitive, that it must have been antecedent to his seeing Sir Horne l'ophlim en this subj.:ct. Uptia lacng reminded by Sir Home Popham, I wink 1 from whom the information was deriveit were then oiaen to me, and, I believe, he did au.ornpany me !o a house in PALMA, where one of ;Lem, I t hi n k, was if) , l-d. Q. Were re present at any coryverrations with Mr. Fio, on the subjed of the CapOof Good Hope? —A. I coo:airily was. Q. Can you state, from your own knowledge, that any Expedition to the Cape was in contempla tion at the moment I proposed the one in question ? —A.. I am quite sore Mr. Ptt nad no such Expe. dition in his contemplation when Sir Home Pop ham made this proposal ; and I have 1..) reason to believe that any other of the King', Ministers had any such objed in view. Q. Do you recoiled the confidence reposed in me by Mr. Pitt, and my taking th , liberty, which I did, in consequence of that confidence, to ask him, when he expressed a doubt, whar military (,fficer should command the Expedition, am' my subm,i,th g the name of one for his consideration ?—A. i hays a faint recolledion ; but it is not suffrOently strong to enable me to speak positively. Q. TO the best of your recolledlion, whether was it the Officer that 1 named, that did command ? A. I have a strong impression on my mint, that Sir Home Popham was anxious that Sir Devil Baird should command the army. By the Couar. Q. In the conversation you bad with Mr. Pitt, what was determined, and who was appointed to attack the Spanish Settlements in South America. after the attack of the Cape, in case the event of that attack was successful ?—A. I recoiled no pro posal being then made relative to the Settlements in South America. I certainly have, at airother rime, heard Mr. Pitt express his opinion on that subject. Sir HOME POPHAM( here lamented, that on this prominent feature of his Defence, be was precluded from offering the testimony of that great ma', with whom he had concerted the projed. sod who was new for ever lost to him and his country. Mr. Huskisson sworn and 'corniced. By Sir Hone POPHAM. Q. Were you one of the Secretaries of the Tree. vary in 1303 ? —A. I was. Q. Do you recoiled my taking leave of Mr. Pitt, on the 880 July, 1905, previous to my suing for the Cape of Good Hope ?—A. I recalled Mr. P tt and Sir Horne Popbam being in my rooms at the Treasury, but do not remember his telcirg leave. Q. Do you recoiled my telling you tnat Mr. Pitt wished you to famish me with the rnmes of some Gentlemen who were likely to procure me sent informafion upon the subjed ?—A. I recoiled genes: rally a convention a •th Mr. Pitt, who Lrpressed ?fl anxiety to obtain every possible information rewire to South America, and desired I would take every opp-oniony of procuring information, and colledirt and keeping together such as could be so procured % Bu, I do not recollect the precise sonversetion ale loded to. I hare, by the desire ot Mr. Pitt. con• . versed frequently with Sir Home Popham upon the subject en soda information. Q. Was the impression on your mind that I, - • no the time ;L and e d to, ;tither from what i said to ynu, what afterwards occurred. had had arty converso ion with Mr. Pitt on the subject of South America ? Mr. inters ohjected tc this question, as tot heinli evidence. The Cootie also thought it irrelevant. Q Had you any conversation with Mr. Pin, in 1805, no the subject of S both Amer ica, end partieu. larly Buenas Ayres, and did gou, I. y his directions, take any steps respecting theself I—A. I formerly stated that I had some conversance: with Pitt on the suhject of South America. and I might say particularly respecting Buenos Ayres: Q. Have the goodness to state the nature of those conversations in general, with Mr. Pitt , but I do not wish to exed from you any thing that can affect the interests of the State, or of individuals, however the result of such di,clomre might be essential to me in this prosecution ?—A. I believe, almost on every occasion, Mr. Pitt conversed with me on the subjed of South America ; his attention was called to that part of the globe particularly A person brought to nic a plan or chart ot the Ride la Pima, which had been then recently, a.: he informed me, published at Paris, the criginol being taken from the dips of the King of Spain, at Madrid ; and he addea, that he had intelligence which led him to believe that plan would shortly be of use to some part ot the French Navy, who wctald probably find their way with troops to that place. Knowing this person was one in whnm Mr. Pitt mold elace if. liance, I felt it my duty to communicate to him this information. Mr Pitt stated to me generelly, the views he entertained with respell to South Aniersca; and he generally conceived, that it vint:l,l be a m es.. anal object to this cOun•ry, to maintain our naval superiority, and the facility that superi. erity afforded, to co.rimence the operations against South America. if t h e success of the confederacy on the Continent did not correspond with his wishes. 11 The plan of operatian proposed would not onlr open the mai Lets of South America, but also pre• vent the French themselves from diong the , which he had no doubt they go-old do; he therefore gave general credit to the person who furnished that plan. and hoped that we should be hetnre-hand with the enemy, as our naval means o. re so much .0 error to theirs. This was nearly th general view of the measore; but I should very mod, 1... at I cannot stets particularly, but can crnly state generally, that by Nlr. Pitt's desire. I did take measures for procuring fur ther intelligence resped•ng the slate of Buenos Ayres. The intelligence came to me through snots a channel as could be depended upon. And Mr. Pitt did dire@ me to take preheat:l4ly steps with reaped to Buenos Ayres, with a view to tocilitate its capture by a British, f ace, and semi: ships were immediately put in commission for that purpose. ' Q. Were the views which Mr Pin had in form ing the Confederacy oo the Continent, answered ? A Certainly I believe not. Q. Do you know of any political olsjedions ex istrog at the time I sailed for the Cape, to prevent my having received instrudrons, or provisional ins struditans, on the stilled of Mr Pitt's view., rela. tive to Sown America ?—A. I can only state, that Mr. Piet, in a convereetiou with me, staied • pelia tical objedion, which had a certain wriest widli bait ■