The Sun. — London, England, 1807-03-12 00:00:00

of the other to combine means for the attack, its which they unhappily .succeeded. I must now beg leave to call the attention of this Hon. Court to the consequences which have already ensued from thiS expedition. In the first place, then, 1 humbly pre sume that it is but fair to inter that his Majesty's Government, notwithstanding the change which had occurred among its members, highly approve of the enterprize, from the-energy by whicla they are fol lowing it- up, esahl at this very moment when I am vindicating my condu& in having undertaken it with out positive orders. The more they reflex on the advantages which this country might derive from the acquisition of those valuable possessions, the more do they augment the means of insuring the conquest to which I-have dire&ed their attention, Were this not the . fad, why, 1 would ask, have his: Miliaky's Ministers since formed, with that vicw, armaments . more than adequate to the task of conquering all the Spanish possessions on the East - Coast of South 'America ? Those, extensive armaments, either al -I.e.a]y gone, or on the point ef* sailing to complete the great obje& which I had successfully begun, though with tneans comparatively so trifling, and whicti the mere„removal of this Squadron from a. state of mataivity to enterprize, was attended with no additional expence to the country.. I am naturally led to the above conclusions by the mode in which the Board of Admiralty has shaped the charge. ram nut accused of having, with inadequate means, and with insufficient preparation, undertaken the attack of Buenos Ayres. The reasons for this will appear obvious when I come to eminent, as I shall now do; on the instructions to Gem Achninty, the Officer sent out to prosecute the enterprize that 1 had so happily begun, and which Officer, as has al ready appeared to the Court, was recommended to his Majesty's Ministers.by Gen. Baird, as a proper person to be employed on this service. In these instructions to - Gen. AchmutY, a copy of which- was transmitted to the senior Naval Officer in the Rio de la Plata, and which I am prepared to prove from a copy given me by the Admiral, the utmost anxiety is expressed by his Majesty's present Ministers, in the event of any misfortune having happened to. Gen. Beresford, to obtain such a footing on the Con tinent of South 4inerica, either in the same or some adjacent part, as may enable him, Gen. Achmuty, to cs'ait for the arrival of a further force, and that force consisting of 3000 men, which is stated not to have 17 , eenintended originally as a reinforcement to Gen. Beresford, but for a service of very considerable im portance, but which he is authorised to detain until Iris object is obtained ; and in a preceding part of the instruetions, General Achmuty is enjoined not too hastily to abandon the attempt of Gaining a foot , lug in South America. Is it possible for me to avoid feeling or•expressing ovme satisfaai n, when I re e& that notwithstand in,; the reverse of fortune which had occurred, I had anticipated not only the wishes of the last, but also of the.p.re,ent Administration ; that had secured a strong position, and bad obtained a firm footing in South AmericA ; that Geu. A.clanuty would find the object. at his expedition in a, great,degree completed before his arrival, and the 3000 men destined to an other object would - be at libirty to pursue their ori ginal deslinati6rt. Never, Sir, would I for a moment contend that success could jus,ify iiegieEt or breach of duty; but conscious as I am that I am not open to such a charge, it is impossible 14 me not to teel gratified, in refleeting on the circ•anstance which I have just stated. Moreover, Sir, the Proclamation is .stied on the 17th of September, 1806, sufficiently thews the encouragement which the Members of his Majesty's Government were anxious to (rivet° the spirit of our commercial men, depressed beyond b ex 'ample at the unprecedented measures taken to ex.. , elude their exports from the Continent of Europe, and the readiness with which they were pleased to meet my ideas on this particular point, by inviting all British subjeas to trade with Buenos Ayres, and the other settlements in the Rio de.la Plata, under the favour of his Majesty's Proclama tion. In regard to‘the value attached to the con quest of Buenos...AYres, in a political point of view, and which, as I have before Observed, was one of the principal Motives that urged me to undertake the enterprise, I cannot indicate its importance more clearly and undeniably, than by quoting to the Court the language used by Lord Lauderdale, his Majesty's Plenipotentiary at Paris, during his Negotiation for Peace, to Monsieur Talleyrand, the French Minister for Foreign Affiiirs. In a Note written by Lord Lauderdale-to the said Miniter, ou the 19th day of Sept. 1806, his Lordship says : !. When the UnctersignF.d refits that he came to Paris. authorised to cOnclude Vezat upon terms Uncletttond to have been proposed by Erance ; -that, notwithstanding the rctusal of H. 1. Majesty or All the Rusvias to ratify the Treaty sign., ed by M. D'Oti brit, and the splendid successes obtained by his Majesty's arms in S , atitli America,' he was authorised to give assurances t he demands of his Court would 110tfAll CollEellUCilLe of these successes, he materially increased." Is not this language to be proud of, inasmuch as it . conveys in a manner the most direct the opinion entertained by his Majesty's Government of the succes••efri, in the plan and accomplishment of which I - bore so active and considerable a share ? If Lord Lau derdale calls the successes splendid, in an official Note to the French Mit-lister, surely it will not now be contended, that they were not so consi• dered by that Cabinet which deputed him to nego tiate the late projected Treaty tbr Peace; and though his Lordship adds, that the demands of his Court in - its favour would not, in consequence of these successes, be materially increased, yet this tune of moderation diminishes not their splendor, nor does it, in the smallest degree,. detract from the merit of thbie by whom they were achieved. In tine, what ever difference of opinion may exist- respecting the poncy of extending our colonial conquests, there seemed to me but one sentiment entertained by his I\lajety's Government, and by the Country at large, it regiir..l to the well-timed acquisition of Buenos Ayres; which, in the intended pacification of Eu rope, was, it is evident; of sufficient weight to incline the political balance•still more in favour of England. I now beg to advert to the Papers of the' 14th of September, 24th 'of September, and 21st of No ve.nber, and the 20th of September, which . have been lately introduced into the Charge. The lat ter I never saw or heard' of until read in Court ; nor w.it I informed until my arrival at 'Portsmouth, that any of these Papers were to be brought. again::t. me. The objea of this attemp't was, I pre sume, to shew,the sentiments of the Governmentun der" orders I sailed, on t 1.1 4. sl.ibjett of the tia ture destittation - 'army f e tqte. :it It Was known tC my prosecutors that' I never received any of these papers, as the Peter packet in whiCh they were put was captured, and the Tualia,..which conveyed the others, never went to the Cape.----Sir ) the subsepent opinion of 'the Government, foundertalso on sub4e • quent and hagy, ,and, as it afterwards appearchl, inaccurate information, etuld not in any case 'be evidence against me, or implicate me in having used my force as I did, having, as it has been shewn, no orders for my destination after the capture of the Cape: The correetnits3 or impropriety of my cimulual must depend on that which I either knew or vas bound to pursue, or suppose might have been the wish of the Government under whose-orders I sailed, and those which I have, I most sufficiently develop-7 ed. In addition tolwhich I might observe, that these orders could not operate against use in another point view : before I could by any possibility have re ceived them, I-knew that the intelligence on which they were founded was wholly false, and that peaCe had been made in India, -in proof of which, I beg leave, to read General Baird's letter. to Mr. Wino ham, in answer to the dispatches which he received on this subject. , Cape Town, i11ay . 27, 1806. _ _ gr Spi—l have had the honour of receiving, by his Majesty's ship the Adamant, the duplicate of a dispatch from Lord Viscount Castlereagh, bearing date the loth of September, 1805, and conveying . to me his Majesty's. commands to detach front tins colony, such a portion of .the.troops nialer iny'com mind as might be necessary ter the security of the British possessions in India. 1 am most happy to repeat, that the general tranquillity which, now reigns in that quarter, will render it unnecessary for me to make such detachment. " I have the .Honour to be; 8r c. • " D. BAIRD.' • Rig/a Hon. N Windham, &c. . The receipt of these orders therefere having thus come into my haeds; could no have operated upon nay cOndat, but possibke might, as before-mention= ed; have corroborated riiy:cleternainatiOn in giving rue reason to suppose that for any great and important object, the with-drawing part ot_the force froth the Cape would not be a measure likely to excite 'the displeasure of GovernMent. - Before I conclude; Imust complain of the muti lated state in which the Admiralty Board has pre sented to the peblic my letter of Septerob.erJast, giving an account of the-re-capture of Buenos Ayres. Most unfavourable opinions and prejudices have beets excited against me by their mutilation; in fact, se veral persons have called on me loran explanation of the last mentioned letter. I am compelled to notice the circumstance, not only in justice to myself, but also to that gallant officer Gen. Berestord. This comparison can only be made by reading my ofigi eal letter, and the publication of it in the Gazette. I have now stated all that occurs to we as neces.. sary to bay before the Court on the subjed of my caudal as an Officer, with reference to the military questions which arise upon it ; one subjed, however, for observation still remains, and it•is one that deeply interests my charaaer and feelings, and and upon which I owe to accident and good fortune, thatl am in possession of evidence, notwithstanding I left the Rio de la Plata without the least suspicion of my being called tipou to appear before a Court Martial. • • I am aware, Sir, that my justification has already extended to a great length.; yet, as I conceive it to be incumbent on me to omit no circumstance that can at all tend to illustrate the views 'which influ enced my condua during the Expedition to the Rio de la Plata, I must solicit the indulgence of the Court, while: I state as briefly as possible, a few filets which may serve to skew that in the - whole course •of my proceeding, as Commanding Officer ed the squadron in that river, I was never actuated by any selfish consideration, but that, from the time of the surrender of Buenos Ayres to his Majesty's arms, until the period of its being wrested from our possession, I made every sacrifice which might con vince, the world in general that the good of my country was my objea in having undertaken this:ex pedition without positive orders. I am the m ore anxious to establish this, because I have had the mor tification to hear it said since my return, that sordid ,instead of honourable motives operated to induce me to undertake this expedition. 1 am proud to have it in my power; not only, to rescue my own character in this respeel, but to prove. that I have not disgraced the profession to which I belong, by permitting un worthy motives to operate on my conduct as an Of ficer.l should not have wauted precedents to bear me out, even in such a conduct: but, though I have quoted precedents for my justification as to the' exer cise of my discretion, I should disdain to avail myself _even of the same authority to palliate cupidity or in justice. In proof of my conduct in this respeCl, per mit tile to recall to the -attention of the Court, that immediately on the surrender of Buenos Ayres, all the property afloat, contained in upwards of i 80 ves sels, to the amount of at least a million and a half' of dollars, was given :up to the proprietors by Proclama tion ; an evident proof of my sincere inclination to conciliate the minds of the inhabitants cf every de scription, and to convince there, that the *expedition was undertaken with, views diametrically opposite to. those which attach to a predatory incursion. If it should be suggested that I could not have manned eeetea very small portion of those vessels, I would reply, that I might have disposed of them at ad in ferior price to their respedive proprietors. I ailed with the same disinterested regard to pub lie- service, in relation -to large quantities of yea silver and bark, to the amount of upwards Of three nellions of dollars, in small attd very convenient packages, which were in the Castle near the Quay, and might have been embarked he the course of three or tour days ; but 1 would not suffer any of ithe va luable merchandize whatever, which might be consi dered as appertaining to the captors, to be'shipped, • before the Squadron should be completely vietualled, in order that I might be enabled more effectually to blockade the river in case of a reverse of fortune; and the whole of which property was ultimately recover ed by the enemy ;• mordover, I proposed to the Captains and Officers of the squadron, and it was generally agreed, that we should present to Govern ment whatever armed vessels might be captured, and' be deemed fit for his Majesty's -service. Among these was the Neptune, a tine ship, of twenty guns, which had been-formerly . a Liverpool privateer, and had been.• taken by the Spimiards; together with several large armed schooners and gun-vessels, In short, on sit otcalcions^, I Inculcated and enforced, both by pre cept and example, the dottrine'of sacrificing private: Advantage to the public good, and regulating our proceedings by what might appear most for the ho nour and. glory of the British Nation. I have at length Concluded the Statement of facts; and the observations which were n.cessary to elm - tile the Court to form a competent judgment on my case, in which I' have unavoidably been obliged to occupy a considerable portion of your , time. It may how ever be said, that in my letter to the Admiralty, I did not fully detail all the motives which had led to my undertaking ‘ the attack of Buenos Ayres. If the statement of thege reasons slioirld appear leSs ample and less detailed than those which I am nod hying before the Court, it is; because I conceived' that I was addressing them to those, with Whose general views and intentions on this subject I was already. acquainted, and who were Well aware of the inducement to . this undertaking, From those by whommy letters were in faCt received, no intimation ever reached me, that these reasons were insufficient, nor has my soplementary explanation been required. I have already said, that I did•not -receive any in- timation of an intention to gill me to account. I. regret the silence of the Admiralty towards 111 . e in both these particulars ; had:they called far my justification at an earlier period, I Might perhaps have satisfied' them, that there was no ground for bringing me before this Tribunal, and at all events, the notifica- , tion of the design to accuse me, would have given a fair, and surely not too favourable a warning to die, to return prepared with all the means of my defence . . Sufficient means I hopel have in the statements and evidence which 'submit to you, but it is a little hard to be deprived of the testimony of those, who having: been witnesses of my condu& during the whola.;-,Of my command, might depose most powerfully in my vindication, and this loss, which I cannot think ac cidental, I owe to the silence of the Adthiralty. Before I finally close, Sir, I must again shortly re, vert to the point most important, because it does not apply to my case only, but to that of every "Officer in the Navy, I mean that of the diScretionary use of authority without precise orders. Indeed, if an Officer - commanding in foreign parts is never .. .to avail himself of information which he may receive, never to use his own discretion, or to Undertake an expecli• tion against an enemy's possessions without precise' and immediate orders from home, which cannot at- rive until the moment for action shall have, elapsed ; if he is to Be sc) strialy and.petmanently bound by the letter of his instroalions under which he, sailer Proi4 England, that even after the full and happy ne;.. Complilihment of the abject to Which those instruc tions were dire&ed, he shall not be at liberty Co un- . dertake and accomplish any other, howeyer within his reach, however important in itself, or in its con- . sequences, however 'pointed out to him by new in formation and by increased 'facilities, and hoskeyer, nearly cc:Attlee:led in many important points of view,, with that which he Was originallysent to accomplii , h; if this is to be the rule and limit ofan Officer's Lions in a situation of such trust arid "Cdnfidehee,the result will, I confidently foretell, be ruin - to the British Navy. It will lead to the entire cessation Of all acts of enterprize, and to the total extinction of that daring spirit which has so long bid defiance to all eyposi;ion, because an Officer *ill be deterred by the that for venturing to attack arannoYing the enemies of his country, without positive; iiStrtictions, bis , condUa may be prejudged by a superior authority at borne, and (as in the order for holding the present Trial) it may be stigmatised as ,a flagrant breach of public duti', that should not pass nnpunished. I must now, Sir, before I end my Defence, and put myself upon the judgmetie of the Court, call your,attention, in a few words, ,to what I humbly conceive are the points. for your consideration. On your decision now depends thl future condu&' and enterprise of the Navy of Great Britainialways bearing in mind that I stand before you not for hav ing failed in the fulfilment of orders, but for having done more than my stri& duty against the common enemy. The interest I have in the result, deep as it .is, is trifling, compared with that which must be' felt by every Officer in the Navy--I may say by the Nation at large. 'As. on the one hand, you are called upon to consi der and decide upon_ my case, so as not to sanCtion, or authorize by - your JudgMent, a lax interpretation, or, careless execution, or neglea of orders ; so, on the other hand, you are called upOrt, by a due regard to the interests of the Navy of Great Britain, and as involved in their intereSts, the 'safety and indepen dence of a nation, which looks up to that Navy for proteaion, not -to check that 'energy and spirit of enterprize, which if checked by an untaVourable sea , . tence on me, and passe,d•by such a - Court, 'and so composed, may not easily be revived. I consider myself as an humble individual, standing before you on a charge deeply- affeaing my chara&er, but more deeply affeaing the future interests ofthe Navy. My case must be decided on - general principles; totally uncontteaed with any feelings which relate to me personally, and it is for you, Sir, and the 1:1:oiL Members of this Court, to determine, whether an. Officer, circumstanced as I was, employed as . I haCT been on previonS occasions, led on by a singular aiict.. conneaed chain of circumstances to Consider 'this enterprize as a favourite object, not of my own am bition, btit of the wishes of a great and distinguished Minister, - on WhOse approbation would have f011ol;ve '. nit merely proteetion, but probably commend:l6On, honour and rewards; having been originally and sO, lately appOinted to' carry - into execution, di‘:erfed from it only by my own suggestiOn of an intermediate expedition ; having a'• full and contidential - . l;oggr ledge of all the circumstances, which for a time de, laycd the execution, and'hearing in a distantipy:t of the world, without Means of 'immediate communi 7 cation, that all these obsiacles had .fieen done it‘ilaya having also means at my dispOial adequate, as I thought, 'to the end, and belieymg trial in the then state of Europe, and particularly of myoOuntry, the' immediate execution of this plan was most important; it is for you, GetitleMen, ,l' . say p under all these circumstances, to deternilite - nrhethed was justified according to my Orders, or whether I inn not to stand excused for having hazarded the exerciseofdiscretion. In your hands I put . widi dolufldence my case, sa tiAed that the-importance of it,"and the attention I have received; will ensure - i)e the benefit of all the circa mstances I have stated,.'afid Of the arraments hare urged. .On these irbundS,.l humbly hope:and trust,' t hat . I shall .. recetiefroin - the juSttee cif the Court 4di honowable acquittal.. EVIDENCE. , Lord Melville was the first witness who was called, and was exaniined by Sir Home Popham. Q. Will your Lordship have the goodness to re late all the.circumstances in your recolleaion respea ing the conversation .that I held with Mr. Pitt and your Lordstip,, colleaively or individually, as re bt.ing to myself, on the subj& of the Expedition to South America .• [After an understanding that no question touCh . log State secrets should be put, the Noble Lord replied]. : A. Soon after I came to the Head of the Board of Admiralty, I had occaslon . to learn, that the Ad_ ministration - prededing that of which I had formed a part, had communication withGeneral . Mirauda relatiVe .to some. projects he entertained relative to South Ainerlea. •- - I . did'not,,immediately give much attention to that subject, betatise, not being then at ' war' With Spain, it did riot 'occur to me how, con sistently With that situation, the Government of this country could tale any active part'. iu thesunnier' of 11164,. and particularly towards the autumn of that year, Iliad little doubtin my awn mind, from the iAcial information - I had occasion to re ce i ve a t the Board of Admiralty, and from.th Communicar-; tion with the Members of other Public Departments, I had little dOubt that such war must soon, tak e place. -I therefore thought it my duty to see Sir Evari.Nepeari and Sir Home Popham, and others, who, • I had reason to think, were acquainted with the particularS which had passed . under former Ad ministrations, to inform myself more immediately relative to the"yiews and projects of General , • randa. I likeveisabachnore than one confidential conversation with General Miranda- myself.- The result was an opinion, that although it - might, not be wise .or expedieat —or, perhaps, within the means of this country at that time to commit themselves fully to the extent of this project, it was of the ut- most - importance to the interests of this country, so far to watch the progress of his operations,. and to make use of them, it' they could-be made subser ricat-tothe purpose of opening the South American - Market to the trade and mantifactureS of thiS . 6pon- 7 try ; and,• upon that principle. I - had, as on every other . pablic ''subject, almost daily communication, both in town and at WiMbledon; with 2,1 r. Pitt, at the timeef the Gaverpment with which.l was con versant. The subject was : more familiar to toy con .sideration, becpuSe•tbr many :years past, particularly . in t7ofi,.lhad o'ccatieoto,consider it maturely, with a view of preparing,ln concert withtheAhen Board of. dmiralty, operations against South America on .. a very extensive scale; I was at that time Secretary. of State - fin' the: NY4pepartinent. In consequence of the conversation i had with Mr. Pitt, as already trien- , Cloned., about the month.Of Oct. or ol , .if3o4,ol`abf ut the titrie the wArbroke OpeyvitS,Spoin , 1, des: red Sir H. Popliarit:::(o . aitetrd,: in _orderthat he be at hatd . to attend - Mr:rtiq.and thyseltatany_tia - we should have occasion, to talk' Vitit him, audjthink,•a6ont, the saM,: time' he was appointed to a slo t ,, t:?, Diadem, r believe.--mere Lutd. , read a letter,. ad.. dreSsed liy his'L,orNaip to.SirJicimc Pophiiin, during,:llls attendance in town.]:-.,84%140M:e o RIATI came to town, and I had many cortununic,ltions . with in consequence of, the various communications he .. - had : with Pi tt .5 and these ..commoniciiliookc.Na z7 .. firmed during the remaining .;peried.l remained the A F lzoinil s* .,,„ ti*di-4tply after 1 st'of,flpril, had many interviews.. with .Mr. Pitt -after tint period; and iri deed during 'the Of whole. 'period his. life . .• , final separation at Bath the beginning of the vqar-: • _ 1 . 806 but from the time I ceased to-be_his.colleague tit office,. L made it - . an invariable rule to ',.'1);(1 all • cbtiversation with him upon suhjeas of -a public or - confidential naiure so that',-..from-my own-know ledge, I can speak to nothing after the.stli . of 1805. It peciirs to . me . at this n - Lotwit as. 'AWL improbablf, that thecoaa,of.SontjtAmerica, in the .vicinity,of Trinidad, fitasprohitcyl3.7.:at otie. I.4llook ed upon a probable -stieoe of operations:.. Q. Upon heqringo?ihe capture Buenos-Ayres, did your Lordship - COnsider . if" au . acquisition mate- . rially advancing the great object which Mr. Pitt and your Lordship had in view with respect to South America ?—A. - No doubt, BUenos Ayres appeared to me •as highly beneficial for the object I had al ready had in view•;- but I am by no means certain. if I may not have taken that impression. from the circumstance of Buenos Ayres having been o n e o f the specific objects in view when the Armament was, in contemplation in _1796. a. Can you recollect of my •having been con fidentially 'employed on various objects, both in- the latesome of the Memb ers o f the Lordship and Lord Grenville ? ,_.,Aanldb present. iiin!t by yourt r is s , : t nt ere l.% l ' y ar t , by to answer. that general qustion, I shall have no hesitation to answer. I certainly .know that Sir H. Popham wa employed confider-, tially by the Membeis . of the Cabinet at the time alluded to. - Q. Is it in y our Lordship's recolle&ion, that in the execution of, : the confidential services, circumstances arose.. Which-Were. not at the niocont, - of Ivri‘,ing• pros for, ; nor judged could they.Vci... - :.*But 'I, under those Fir . Cuilistances, exdrcised.very - enlar b - recVdisdretion to attain the 'g,teat object UpOn v/vhiTcli:t;yiigs-emplOyed. I pzirticularly. alltic;e to one - of •riV(.lnisiOns to the Court,of St.. retel'sburgh , - Mr. Jer•vis:ohjeae.d•to the question as irrelevant to , the Cvdbied • A. state, ihat ,Ishould • barriisscd thbe em i4' - 'iineistion rcat general . i answer, out I - art), afraid i'thay be led.to,discioAures. that may be itnproper.' - • Lora Rlelville ai,siverecl I, atli ready to statelte,.. neraily, 'that an all -oecasi-ns wben.he Nyas coati- . iiis:c6odu4receiyed!the appro.. • batibn ofGoveninient in the execution of it 5 bi atr trust, I will not be called upon to. enter ,into ,nbre ; . particular ext).anations. ••••• Pee - ;icient i Sir. E. • Gmyer.—Does your. Lor4ihip.,, recolleti '•at• what time it was that Sir Hone Pop ham was appointed to the Diadem .I ca mot recollea. 'the preciFe except lrotn,tl:e I have already mentioned, l o t Deceinbcx, as stated therein. • •. • . Q. boes . yonr Lou)hiff reco'lea: whether the NegoCiation this.GUre'rn.roleni the Court' of,Spain fur tt amicable adjusttn.ii..t - of the'dilferenc.es between her•anci this County hal not terminated ufisticeessi:olly 'before . that HA. 1 cannot froin'iny memory fix the precise ti.ne., riuc I. make Liu douL it vas a .short time after the da