The Sun. — London, England, 1829-09-12 00:00:00

More regular, to have giyen the explanation of it which the Vice-Admiral himself afterwards gave, he thought fit at once, with his own hand, to cor rect my return, making it in that shape which he deemed to be most correct, and so he sent it to the Admiralty. How, then, was it possible, in the nature of things in the whole of this transaction of the return, that there could be a mis-statement on my part, by which I gained or had conferred on me any honorary distinction ? The Vice-Admiral and myself were the only parties to the transaction. — Where, or With whom, if any incorrectness existed he rein, did such appear, but to the Vice-Admiral himself, anti by the Vice-Admiral Only ? and ac cording to his judgment, it was corrected before the return had his sanction. To him &one, in the first instance, the return was confined, to him i t %vim, addresSed, and his eye only it reached _ . on its first coming from me; and he was not thereby prevailed on, nor had he it in his power if he would have done so, to have conferred on me any honorary distinction. And those distinctions wh►ch were afterwards presented to me, (three of Wh►ch -I have now the honour to wear, and they commanded by Captain (then Commodore) Ba thurst, and the manner in which she, with the Albion, took their stalimis,' the Vice-Admiral says, in the public despatches ' was beautiful.' The Genoa was moored %with her springs ; and, in truth she did, as it is proved to you, at once take up her station, and there remained, without shifting during the whole of the action. And Mr. Rein agle's plan of the battle clearly shows her lying exactly parallel with her opponent. Here, then, there was no disobedience of orders. But an im were wholly unsolicited on my part), could only have been conferred in consequence of the official r epresentationts•which the Lord High Admit'al pub lished to the world by the Vice-Admiral's own aespatches of- the exertions of. the officers engaged in the battle. And I submit that it must be ob l/ions to those great personages who thought me 1101 14 of their distinguishing notice, that the en lire responsibility of the Genoa, and of all the share she had in the battle, from the moment of Captain bathurst's fall, attached solely to me ; and without detracting for an instant from the merits of those highly respectable officers Captain Baynes and Camp bell, I must say that they had neither of them, in their respective ships, a responsibility similar to that which I had, and enhanced as mine was by the me lanchol, event which had developed it on me. And I 4ubmit that neither my return to the Vice-Admi ral of the killed and wounded, nor the two entries in the log, could be known to those great personages. I maintain, then, there could be no mis•statement of mine reaching the Emperor of Russia, or any of his Ministers or officers, in this respect, by which I gained any honorary distinction which would not otherwise have been conferred on me. My own re- turn, if it really were mis-statement' (and which the Vice-Admiral now at least chooses to think it .was), was for the Vice-Admiral only, and he altered it before he transmitted it to his Royal Highness the Lord High Admiral, ',lowing with his own hand and signature thdt Captain Bathurst was severely wounded (when, in fact, it was not only so, but mor tally wounded), and died during the night. Yet * Ma Royal Highness did not see such a distinction (whatever might be the nature of the wound) was •necessary to be inserted in the public return, and Captain Bathurst's name was, therefore, placed in the London Gazette in the list of killed, without portant variance occurs, in this part of the charges, between the second and third letters of the Vice- Admiral. In the second letter, it is stated as a fact, that, owing to the Genoa's not using springs, the fire of her own opponent would not have been silenced but fur the exertions of the other ships of our squadron.' In the third letter this is wholly omit ted. Front whence I wish to submit, that the Vice- Admiral abandoned that part of the charge which says, that owing to the Genoa's not using her springs, the fire of her own opponent would not have been silenced but for the exertions of the other ships of our squadron,' he, no doubt, feeling on further reflection that he could not maintain it; and in point of fact he cannot; nor has he substan tiated it any evidence before you. " The second letter states, that the Genoa did not use her springs as the other ships did, but en gaged with her stern and quarter guns otily.' " The third letter states, that the Genoa could not fire any of her guns except those of the stern and quarters without endangering the Asia, and others of the Allied squadron on her larboard side.' The not using the springs, and the firing the stern and quarter guns, are, then, the charges to this part of those two first letters; and the third letter is but another version with additions. And I must con- tend, and that, in point of fact, is established before you in evidence, that no ship could be endangered by the fire of the Genoa from her larboard side, for that only two of her shot were ever fired from her larboard side, and which were the two aftermost guns on the lower deck, in the gun-room. And as soon as it was discovered that oUr people were firing from that side, Captain Smith instantly went down and stopped them, so that no other gun was after wards tired from the larboard side, and consequently it was utterly impossible that any of those ships could be so endangered. But the third letter of the 17th of July then goes on to state, part positively and other parts conjecturally, that, consequently, shot which injured the Asia, and which came in that direction, were apparently fired by the Genoa, and that the Genoa did positively fire into the Albion, probably (according to the log-book) mistaking that skip for one of the Ottoman fleet, although the Al bion had an English ensign at her mast-head, to prevent such mistakes.' " The expression here in the first of this para graph used, that shot were apparently fired by the Genoa,' is as vague and inconclusive' as it is void of fact. It is utterly impossible, in the position in which the two ships were, that any shot from the Genoa could have struck the Asia, except only it Any qualified terms attached to it. I pray the Courl to consider that months afterwards, the Vice-Ad. miral himself, with his own hand and seal, transmit ted the. very order in question to me in the Medi terranean, when I was in command of his Majesty's ship Wasp; which time, if he conceived (as he had the same reason for it us he has now), there was were the Genoa's stern chase guns. But Captair • - Smith ha s sworn that he is positive, beyond the - - •• - slightest doubt, that neither of those guns did strike the Asia ; that the Asia was, at no time of the battle, so obscured by smoke as not to be seen suf ficiently from the Genoa, and so as that the stern chase guns of the Genoa might be pointed perfectly wide of her; and that they were so pointed wide of her, Captain Smith has proved, and all the other witnesses I shall call of the Genoa will confirm, and that the Genoa did not tire into the Albion, mistak ing her, as the Vice-Admiral says, ' probably' for an Ottoman ship. And those officers, as all the rest I shall call, will all positively confirm each other in this'most important fact, that, as it was unceasingly the anxiety of every one .at his quarters, so -they never for a moment were under the least mistake as to the Albion or her position; and that the utmost means of preventing this was repeatedly taken, by warning and cautioning both officers and men, as well on the main as lower decks. And Captain Smith, in particular, has proved his own conveying the orders down from myself on the quarter-deck for that purpose; and that the Genoa several times ceased firing, that the smoke might clear away, to prevent the possibility of our firing into the Albion, or into any of the Allied ships, bad any been in that direction. And besides this, the Halcyon and Daphne—two French schooners, as they are accu rately drawn in Mr. Reinagle's plan, lay close on our larboard broadside, and it would have been im possible for us to have fired our larboard guns with out firing through or over those schooners. " Then, Sir, as to the important charge of negli gence and disobedience, in not using the springs, which in both the second and third letters are im puted to me, and whereby the consequence, it is al leged, resulted as before noticed. In the third letter the same charge is repeated, and in some respects more ample; and as the third letter may be con sidered as a condensation (if I may use such a term) of the charges, it should be considered as specifically stating them. Now a material variance and incon gruity exist between the two. The second letter of the 24th of June, charges me that this resulted from not using the springs—namely That the fire of the Genoa's opponent would not have been silenced but for the exertions of the other ships of our squadron.' A clause similar to this in substance or inference is no where to be found in the third letter of the 17th July. I have a right, there fore, to urge it to the Court that the Vice-Ad miral abandoned that feature in this charge which at first imputed to me that the fire of the Genoa's opponent was silenced only by the exertions of the other ships of the squadron ; but whethee it be abandoned by him or not, yet stripped of it, then the remaining points in this charge are thus to be identified—first,. that I did not use the springs; next, that in consequence thereof only the stern and quarter guns were engaged ; next, that shot which injured the Asia were apparently fired by the Genoa ; next, that the Genoa did also fire into the Albion, mistaking her for one of the Ottoman fleet; and lastly, that I was reproved by the Vice-Admiral for not using the Genoa's springs, and accounted for it by my inability to get the men from their guns for that purpose ; and it was nevertheless in serted in the ship's log-book that the springs were used, but which, together with the account of the battle stated therein, was erroneous. Now, Sir, as to the first of these points, I contend that the springs were used, in the most efficicient and successful manner, that it was impossible to be done throughout the whole time the command had devolved on me, and that, as much as possible, our broadside was kept'to our appointed opponent. I had the utmost anxiety as to the springs, feeling its great import ance, and I therefore gave instant orders to Captain Smith when I thought it necessary, and went below to the lower deck myself, to direct the operation in person. " Next, Sir, as to the stern and quarter guns, that they only were fired, I simply answer this by a positive and complete denial of it. I maintain, on the contrary, that not only were the stern and quer ter"guns tired, but the whole broadside generally brought to bear on our opponent with due effect. " Next, Sir, that shot which injured the Asia were apparently fired by the Genoa, and that the Genoa did positively fire into the Albion; the evidence of the officers whose station on board the Genoa dur ing the battle best enables them to speak with the utmost accuracy to this fact, completely rebuts this any mistake in granting it (and he, as the Com mander-in-Chief, being the official channel through which the order was conveyed to me, had a right to exercise such a discretion), he, I submit, should have retained it till he had inquired of Count Heiden whether there was such a mistake in it or no; and, moreover, that previously, as it has transpired to you in evidence from the Vice-Admiral himself, Count Heiden had applied to him for a list of offi cers serving in the English squadron, of the rank of commanders and upwards, as he knew the Emperor of Russia was desirous of showing some marks of his admiration of the English squadron, and the Vice- Admiral gave him a list accordingly, including my name in that list. But another observation occurs here. As the Vice-Admiral, in the charge I am now discussing, in effect (notwithstanding all that has been urged) imputed to me that I surreptitiously obtained an honorary distinction by reporting Capt. 'Bathurst killed in the battle, when he did not die tin several hours afterwards, I pray the Court only for a .moment to consider the Vice-Admiral's own public despatches, without any reference to the killed and wounded from each ship, or to any official re port made by me as to the Genoa in particular. The Vice-Admiral in those public despatches says, ' His Royal Highness will be aware that so complete a victory by a few, however perfect, against an exces sive number, however individually inferior, cannot be acquired but at a considerable loss of life ; accord ingly I have to lament the loss of Captain Bathurst, of the Genoa, whose example on this occasion is well worthy the imitation of his survivors.' And here it is to be remarked that Captain Bathurst is the first named by the Vice-Admiral of three deaths of officers, and he thus first announces him publicly as amongst the slain. And such an annunciation it only could be, for only what was published in the London Gazette was the accredited notification of it; and such notification, blended with the Vice- Admiral's including my name in the list of English officers to Count Heiden, alone could influence the Minister of the Emperor Russia in the bestow ment of the distinctions. And he thus demon etrates for me, not only by his own hand-writing, big by his own conduct and evidence, how totally void of foundation is the charge that by means of such alleged mis-statement I gained, or had confer red on me, any honorary distinction, or could have had any view-to such. " One word more, however, before I leave this. The Vice-Admiral, in his letters and in his evidence, is repeatedly recurring to an alleged reproof which he says he gave me for making this false return, as lie calls it, of Captain Bathurst's death. Now 1 do most solemnly, in the face of this Court, and of the whole world, protest on my honour, mid I am kwly to verify the same at all Limes on my oath, that . I never did receive any such reproof from him at .any time, or on any occasion whatever. " The next charge against me, as it appears in the Vice-Admiral's letter of the 24th of June, is That wherein he says that the Genoa did not use her springs as the other ships did, but engaged with with her stern and quarter guns only.' And in the Same letter it is afterwards added, that according to a copy of what he understands to be the ship's log . the Genoa is stated to have used her springs, although Captain Dickenson admitted to me that lie had not done so owing to his inability to get the inters away from their gums; and that he is there re ported to have successfully engaged all the three Puma!' ships of the line, and one more double fri gate than there were in the fleet; when the fact is, that owing to her not using her springs, the fire of her own opponent would not have been silenced but for the exertions of the other ships of our squa- Oran.' And in the letter of the 17th of July, it is gharged that from not making proper use of the springs directed by his order of the 19th of October to be placed on the anchors, the broadside • of the Genoa was not directed to her regular opponent in the Ottoman line ; and 014: in such a position she could not fire any of her guns except those of the *tern and quarter, without endangering the A.sie and others of the Allied squadrons on her lurboard side, and the Albion and others on her starboard aide . ; and that consequently shot which injured the Asia, aud which came in that direction, were appa rently fired by the Genoa; and that the Genoa did positively fire into the Albion, probably (according to her log-book) mistaking that ship for one of the Ottoman fleet, although the Albion had an English ensign at her mast head, to prevent such mistakes. " Now, Sir, in repelling this, 1 fear, from the repeated recurrence I must in explanation, have to its different variations, I shall unavoidably get into some complexity; but I will humbly attempt to Point you to the proper discrimination of each, as clearly as I can. I first advert to the order of the Vice-Admiral of 19th October, which is here re ferred to. These are its words:-- 6 If time permits before any hostility is commenced by the Turkish tegt, the ships are to moor with springs on the rings of each anchor.' The Genoa was at that period charge. " And the witnesses on the part of the pro=ccu• tion ; first, Captain Ommancy, of the Albion, • could not say that any shot which struck the Albion did come from the Genoa. Capt. Drake, then his First Lieutenant, and Mr. White, then the Master of her, could not say that any such did strike her; and Mr. King, who was Second Master of the Al bion (and for whose arrival from Ireland the Court were so long kept from assembling), could only say that he observed some grape-shot to come in the di rection of the Genoa at the very early part of the ac tion, but he could not be positive that they actually did come from that ship; and both Mr. King and Mr. White proved that the English ensign was not hoisted at. the Albion g st deemed to ontain finally the specific charges against firing had occurred ; and to the conj"rY me ; and I am i fairly to infer that the . Vice-A..1„ai.„1, feted former state• that, although Mr. King came twice aft 4 :1- 1 !" th meat on this you on furtherr . ei . ec a ti d ur i , of the 24th June, ee leged firing from the Genio7laa,Bl:lre.atNlVnell,:lelof told tt: l 'e heref ' ore forecastle to him on the quertiseedeck to note.' I incorrect, aiev.t .oa h( that writing could not venture i te and he returned to the forecasile, accompanied ti' EC:rate , it, h l it . then'atshe his letter of t Captain Ommaney and Mr. Wle • te, to ascertain it, Jiii;ree s the charge in this respec,, second letter of the 24th Juee, yet they neither could ascertain it, and Cap- is: cor:-:*;e'l 111 - abandoned, and I have to an- Ommaney could not say it was so; of this, must be detsuled be es given in the third letter of therefore, there was not the least evidence, and saver only this (barge , had it really been so that any shot from t he Genoa, the 17th July; bi:it . if, on the contrary, the letter in the hurry arid confusion of the battle (when we must be take n as an exp.':illation only of the former, were using every caution to prevent it) did touch lam then to view both tope-;;;:'; containing the spe the Albion, I trust it is not imputable w any negli- cification of this charge against me; ;2(1 whatever gence or remisness on my part, or of those under may be the judgment of the Court thereon, I have my command, when it was the utmost anxiety of all merely to say in answer to either and to both, that to avoid it, and every possible caution was used to the Court has gone into evidence on the comparative prevent it. damage sustained by the Asia and the Genoa, and I " Then, Sir, as to the reproof the Vice-Ad- hope to elicit that which the Albion received in the miral says he gave me for not using the Genoa's battle. This will enable the Court to decide on the springs, I can only again and again say, that until I res p e ctive quantity of work which we had to do, saw it in the Admiral's letter so imputed to me, I and whether, as stated by the Vice-Admiral, the had no idea that he even considered it a fit subject Genoa was less damaged than the other ships, and of reproof. On the contrary, when he came on whether our refittal was unjustifiably tardy. The board die Genoa in the evening after the battle to fullest evidence which I can adduce will be brought visit the dying Commodore, he took that opportu- under your consideration ; and in justice to tile pity, on returning from the cockpit, to express him- officers and men of the Genoa, I trust that it will self to me and Captain Smith, and my officers near convince you how great in fact their exertions were us, in the most gratifying terms of approbation of to get their ship refitted and ready to proceed ace the whole of our conduct—not oiely as to the po- cording to the Admiral's order,. Some of the of sition the Genoa had taken up at Lire commence- fixers who were called for the prosecution did, it ap merit, but the gallant mariner in which she had sus- pears, entertain a notion that we were inferior in that tamed it throughout the battle, arid the ;ereat sup- respect; but if the evidence as to the greater de port she had given to him, adding, that he .not only mage which we had to repair shell nor fully expressed it there, but that he had dune se' in his satisfy the Court on this head, I would own ship, when none of us were present ; t od on submit to its consideration how much greater my then previously, at first meeting him in the gaeig- was our loss in killed, and our consequent die way, oil the head of the quarter-deck, on the lin , - minutio:i of strength; but, above all, I would re board side (which was the first time of my seeing , mind the Court of the loss which we had sustained him), I apologised for not being present on the in the death of our Captain. This latter loss was quarter-deck when he came on board to conduct so much more important, under the circumstances, him to Captain Bathurst, telling him that I was as it left the Genoa under the direction of the attending to the guns, to get them ready again for humble iedividual now before you, to compete with action. He said to me it was of no consequence— ships commanded by such distinguished individuals no doubt you were well employed. And I still as Captains Ornmaney and Curzon. The A.s'ia es aver, that the only olaservatiern which the Vice-Ad- pecially had the important advantage of having the miral at any time ever made to me on the subject presence and the personal encouragement of the of the springs was, I repeat, when we had arrived Commanderein-Chief himself, to stimulate the exer at Malta after the battle, on my going on board to tions of the crew. And here, in justice to the crew pay my respects to him ; we were then in converse- of the Genoa, I must say that it was impossible for tioa together for a very few minutes, certainly not men to exert themselves more to get the ship ready exceeding five, in the Admiral's cabin, speaking of for sea than the Genoa's did ; that they worked the battle; and he was inquiring of me about the night and day, the hammocks riot being down for springs; arid on my explaining to him how reluct- five nights; ant the men were at first to be taken from their as in any contradistinction to what was done in other guns, the Governor at that instant passing ships, but only to show the unceasing labour of the under the stern, and the ships being in qua- Genoa's crew. It evils not possible for men to be rantine, our conversation was suddenly inter- have better; and there never was a moment, from rupted, and we had no opportunity of its renewal, the time of entering the port to leaving it, that we and I never heard more from him respecting it were not ready for action, and to renew it, if called until I saw the charge in his letter. And, cer- upon. Aral, as one proof of this, when, on the 21st tainly I must therein assure the Court, that there at 2 p.m. a Turkish frigate was seen running down was nothing in the tone, manner, or gesture of the under her jib only, arid apparently stolidly towards Vice-Admiral, at the time we were thus conversing us, we hailed the Asia, and asked if we should fire together, that in the least indicated that he was upon her, and received from the Vice-Admiral, in either angry or displeased on that head, but the answer, that he thought sine had no hostile intention, very contrary, every question evincing the most but if 1 found she had, then I was to open tire upon friendly disposition. There was no one present to her ; but she afterwards ran amongst the Russians, hear what did pass, between ns, so that this is a who fired upon her, and took possession of her, Arid, fact to which I can only oppose my most solemn as the watch from the Glasgow, which was sent assertion, maintaining, as I do, with all respect to to the Genoa on the fourth day after the battle, at the Vice-Admiral, that he is wholly in error, and the instance of Captain Ommaney, they assisted us incorrect in his recollection, in stating that he then from six to eight hours, but wecould have done ell that reproved me. But that the Vice-Admiral's memory was necessary very well ourselves without them. And fails him is admitted by himself, and several strong I assert that no official or non-official application was facts have come out in evidence showing how [Ms- ever made by me for assistance, as we did not feel that taken he is in several assertions made by him, any was necessary, nor is it proved diet any was composing a very material part of the charge made by me to the Vice-Admiral or any 'other against me—first, he states that lie came on board officer; but this, I conceive, is not in the least any the Genoa on the evening after the battle, to visit material feature in the charge, contending, as Ido Captain Bathurst, and that I then conducted him, and I trust I shall successfully prove in evidence, with a lantern, to the cockpit, he admitting that he that the utmost possible exertions were used by me, did not then personally know me. And he denies. without the least tardiness, to get the Genoa refit. that he bestowed any encomium at that time upon ted; and that in point of fact we arrived off the the quarter-deck of the Genoa—on her officers and harbour of Malta before the Asia did, and got to ship's company, for the manner in which they had the moorings in the harbour 20 hours before her. conducted the ship after Captain Bathurst fell. Now And as i 0 the imputation that the slackness of the Captain Smith, who had been sixteen months a Genoa prevailed on her passage to Malta, my de- Lieutenant under the Vice-Admiral, and could not fence must rest on the evidence as far as it confirms but be known to him, proved that it was he and not the following statement. When we left Navarin myself who - eonducted . the Vice-Admiral with a the Genoa had her proper mainyard across, which lantern down to Captain Bathurst. A n d the Purser being heavily fished, added of course to its weight and Surgeon's Mate have confirmed this fact to on the wounded mainmast. Nine of the main you, for they were present in the cockpit at the shrouds being new and unstretehed rope, we were time that Captains Smith and Robinson, as well at first very apprehensive as to the quantity of sail as Lieutenant Start, all of whom were on the the mast would bear, and the first two nights being quarter-deck on his c oining on board, confirmed dark and stormy, I thought the utinost caution and also that I did not see the Vice-Admiral till he prudence necessary ; and as the Asia had jury yards was returned from the cockpit on the gangway, on her mainmast, and was consequently not under where I met him, and when he expressed the high tee same necessity to be careful, I hope that our est approbation of my conduct, and that of the offi- having dropped somewhat astern at first will appear eers arid crew of the Genoa, in maintaining her po- to be sufficiently accounted for. I can only add, s ition so gallantly during the battle. And further, that as soon as we acquired sufficient confidence in when he said in his evidence that he had reproved the security of our mainmast, I carried on it all the me at Navarin for my handing him the petition ' sail that appeared necessary : and that as the Ad which he calls the Round Robin, it is proved, by miral did not reprove me by signal or otherwise, for the production of that petition, that lie is wholly hi slackness in that respect, I never suspected his dis error, that it was impossible such reproof could have pleasure on that score until these charges were taken place at Nayarit), and that the petition itself framed. But it is not irrelevant here to notice, that co u ld not have been delivered to him till several in consequence of our having a strong and good car. days more had elapsed, and which must have been penter's crew, and their time and labour being so after our arrival a t M a l ta , ma king twelv e d a y s at well and efficiently applied both at Navarin and on least, and this, at the very moment, in point of time, the passage to Malta, we did not require either of when he was giving me, according to his own state tee lower masts to be taken out at Malta, arid were went, his reproof, he was sending me the General a ble to proceed from thence, after fifteen days' re- Order of Thanks of the 24th October, which I pro- fitting at that port; and that our mainmast, crip duced a t th e outse t. A n d I ma y here observe, pled as it was, was yet able to take us to England that I was.in the Wasp, under the command of the in 27 days, having a very boisterous passage, and Vice-Admiral, in the Mediterranean; but there without the slightest accident to the hull, masts, never was the slightest hint, either directly or indi- yards, or rigging: rectly, of any latent feeling of objection to my con- cc The next charge in the third letter is, ' that the duct in the Genoa that ever reached my ears from Genoa continued firing after the battle was over, et the Vice-Admiral. Then, Sir, as to my erroneous the risk, and to the probable injury of the Allied statements in the Genoa's log book, I can only say, ships, until hailed from the Asia to cease.' This once for all, that every insertion in it is made with is wholly in the third letter, not having been in the the utmost accuracy which the observation andjudg- least touched upon in the first or second ; and one meet of myself, the master, and other officers would o bservation occurs to me here, which I submit well allow us, strictly confining ourselves to fact. And applies to all the Vice-Admiral's charges,—that it is Ido aver and maintain, as I conscientiously believe, evident he is now bringing them chiefly from his that it neither required material revision or COITeC- recollection : and I may, I hope, without a breach tion; arid every officer of the Genoa will prove of propriety, urge that it is impossible at this dis that it is strictly correct ; and the Court will them- twice of time, in all the confusion of circumstances selves judge much of its accuracy by their own a ttending a battle of this description, in so eenfined observation of the manner in which it was kept.— a space, and with such an immense number of ships, Arid here I beg to say, that it was never meant to a s it were, concentrated, arid, I had almost said, imply that the:Genoa was opposed, and had success- mixed together without distinction, and particularly fully engaged the several ships enumerated in the after the Russian: got into action, and as the Vice log, but simply as it is the usual practice to state the Admiral himself admits in his general orders of the relative bearings of the principal hostile ships at the 19th October, issued prior to the battle, wherein moment the Genoa anchored in her appointed sta- he says—' in case of a regular battle ensuing, ari'd tion ; and, I submit to the Court, there is no ex- creating any of that confirsiort which must naturally passion to be found in the log which in the least arise from it' (a proof as it is that he himself had justifies such an implication, the tenor of it only anticipated the confusion, as a natural consequence shewing what ship we considered our regular oppo- of a general action which would ensue) —it is also nent. So much, then, Sir, as to the charge that the impossible for the Vice• Admiral to be accurate in springs were not used, amid the consequences alleged his recollection of the occurrences he would touch to have resulted from it. upon in his charges, and consequently much of " The next charge, in their order, as they appear- them must unavoidably be founded in error; and ed in the Vice-Admiral's second and third letters, is, such is, therefore, really and truly the case as to That 'the wizen-mast was allowed to go by the this charge. It happened that some, time after our board the day after the battle;' and, in the third appointed opponent appeared to have been silenee, letter, it is said c for want of being properly secured,' a large marble shot was fired from her, wi s s', e i t lin e d To this I can only answer, that it was badly wounded arid wounded several of our people ; :it was iminedi and nearly cut through 1 0 or 11 feet above the deck, ately returned from our g'eris, - and elinost at the and that every possible means which seamanship same moment tea Vice-Adeeiral hailed us, and could suggest, were used to secure it ; and I refeeon s eemmanded us to desist. Atthat time • no ship this part to the evidence before the Court, and that whatever of the Allied squadron inthe d . P was wee nothing was left undone which it was incumbent on then of our fire; but it is to a be s observed, that as us to do to save that mast. Whilst in connexion our opponent had not struck her colours, or given with it I have a n o b servat i on or two on the next the l east i nt i mat i on o f h er yielding, I ould - not, charge against me, whi c h i s i n t h e secon d letter of with out a very ser i ous b reac h o f duty, violating and the 24th June, That although the Genoa was less the articles of war and endangering serious conse injured than the Asia, the Albion, or the ships of quences to myself, cease my utmost exertions to either of the Allied Admire's, s h e wa s th e last ship continue the battle; and it is proved to you that ready to leave that port, even after having had a there was then no demonstration of her having whole watch of the Glasgow to assist her.' In the yielded; so that my duty, in feet was to continue third letter of the 17th July, this is wholly omitted; fighting. • The symbols of resistance understood ii) and it is there merely charged, that the refittal of nav a l • stilldisplayed eve . warfare were the Genoa for leaving N • • Navarin and engaging the bat- hostile fleet, so that the ship having been once com ics if required, '- ter wits unjustifi a bly tardy, ninth that 'bitted in ac ti on , I was bound by my duty to con the same sl4e4ness prevailed on tier way to Malta. thine the fight • and the authority of the Vice "As I have repeatedly before observed, lam en- Admiral only could justify me in staying the fire est authority : titled to consider that thi s t hi r d l etter o f the 17th of tl •• being given, we instantly ceased; and July, fur the reasons before d state , ougit6 to be if any slot from the Genoa, in the position the Asia other of t h e Alli e d shipt4to struck t h u , it would have beeetriNvCable ; but (Y. TY t: of tlie charg,e Oti! , epirtty conjectural, -.,:! only, does not im -11:!te ths-, at•on!; injury or either of the Ylsr,:ine:i ppoplo so resent of . I ad,uit that we does. The Vise-Admiral ha; repeatedly exp 4 essed bd . ( re this Court his reluctance to bring forward this charge, and highly honourable to himself are the grounds en which it rested. He has declared it to be a sacred and irrevocable rule ,which had been laid down for hia guiiance,mere;to try an °Slicer by a Court-martial for :n offence which he bad once forgiven ; but, Sir, what difference is it to ITIP Nvllether the Vice-Admiral-brings me himself to trial for an offence, or, in violation of his own sacred were hailed On the mmasion by the Asia to cease firing, and I immediately repeated the order I had myself before given, that our people should cease, as the Admiral desired; and the tiring was then ended as soon as it could be, and which was as immediate rule, furnishes the Lords Commissioner; of the Ad miralty with such information as shall render it as the order could be conveyed ; and I trust I need not dwell more on this, in the hope that I have suc cessfully herein rebutted this charge. " I now come, Sir, to the last charge brought against me, and which is contained only in the Vice-Admiral's third letter of the 17th July, and was not even hinted at in either of the preceding let ters, but embracing what he stated to be in the na ture of a round robin, and which the Vice-Admiral, their imperative duty to place me before this Coto t ? The only difference to me is this—that instead of its being at the time when my means of defence were present and obvious, owing to the Vice- Admiral's representation, I am now, at n pro tracted period, tried for an offence which I had long since supposed consigned to oblivion, and on the faith of his honour and promise, considered no doubt from his own feelings jn relation to it, Lleerned it was necessary he should promise some thing in the way of excuse, or in explanation of his reasons for brin g ing it forward at all, and at so pro tracted a period, too, which, when the Court know as disposed of, with all the difficulties of my defence increased. But I must observe, were it not for the very last paragraph, the slightest objection could not be taken to it. It is till you come to that paragraph, in their plain artless language, dictated by their own genuine native feelings, spontaneously expressed la this way by themselves, and literally what it pur ports, an address of the thanks and the praise tl those men to the Vice-Admiral himself, as well as conveying their tribute to the worth of their late lamenteiCaptain, and their respect for me ; eon cludins,with expressing only their hope, that the Vice-Admiral would permit me as Captain, to take the ship hom e , in th e even t o f her going to England. The Vice-Admiral, however, I respectfully submit to the Court, has put a character to this petition which is not warranted ? for it is not a round robin, or in the nature of one, nor does it go the length which in his letter of the 17th July he charges it to be, and in which he says that Captain Dickenson . _ • all the facts, and what passed in the mutual under standing between the Vice-Admiral and myself re specting it, and to which Commissioner Ross and Captains Ommanev and Spencer were privy, they will, I humbly think, judge with myself that it ought never to have been broughi forward; and I shall here offer as few observations as I can. One day, on our way to Malta, several of the petty officers brought to me, on the quarter-deck, a petition, folded up as a letter, and addressed as it was—i On his Majesty's sTvvi7e—To the Vice-Admiral, as Comma 7 ndei-in-Chief in the Mediterranean,' and beg- ging me to present it. Till that moment I had not the least idea of their object, much less was it pre- viously known to me that they were intending such an application. Of course I read the petition on its being put into my hands, and I immediately, to this effect, told the bearers of it that I could not comply himself presented to me a letter in the nature of what is called a round robin, purporting to come from the crew of the Genoa, and desiring, that I would 4 7 point him in preference to any other officer to suc ceed Capt. Bathurst as Captain of the Genoa;' and the Court must see that this petition itself is not terms justifying - such a charge. The Vic,-Adini. ral, in his evidence, described to the Cow t that he with their requ6st in conveying it to the Vice-Ad miral, lest it should displease him ; for although it was couched in such terms of respect, he might think it intrusive on his province, and contrary to discipline, and I therefore returned it to them. - In considered, he said, a round robin to be a paper with a number of signatures in a circular form, so as to prevent any ► particular one being selected as the ringleader,' and this is certainly the true definition . _ about two or three days afterwards the same per sons again presented themselves to me on the quar ter deck with their petition, entreating me to con vey it to the Vice-Admiral, and assnring me that no thing but the greatest reverence prevailed with all the crew towards him, and the greatest respect to myself, and that they should be most happy if their petition were complied with. This second applica tion was couched in so respectful and earliest a manner, mid they seemed so bent on bringing it under the Vice-Admiral's notice in some more ob jectionable mode if I did not forward it, I then of 'lt. To constitute such a document a circle is drawn, with a compass of the size requisite, awl lines are - drawn for signature within the circle, so that it cannot be seen who is the first to sign it. This document is in no respect of that nature, it has not only no circle to it with names within it subscribed, but it has actually no name whatever to it, only being subscribed the Crew of H.M.S. Genoa,' And it is expressly addressed ' On his Majesty's service, to Vice-Admiral Sir Edward Codtington, K.C.B. thought it hest to take it myself to the Vice-Ad miral, in order that I might have the opportunity of explaining to him the circumstances attending it. I was the more disposed to tall4e this course, hoping Commander-in-Chief, 'Mediterranean,' NI hieh is un instance I believe never before known in what is called a round-robin. The Vice-Admiral, however•, in further elucidating the nature of such a docunr, nt said ' It is what purports to emanate from a br it ly of inferiors with a view to influence imprope,rly the mind of a superior in his public conduct vi',th respect to those inferiors;' and so emanating, '..ne inferiors generally convey it indirectly or n o,oificiany to their superior, to avoid interruption. or being stopped in its way, and it therefore generally goes ns a more private communication to the superior individual. Not so in the present cne ; those who were the l authors of this petitio , . - I—and you have it from the evidence of James Collier, who was an extremely good witness, before you, and one of their number— that there were about 150 or 200, as many as could get round at the time it was proposed, and he art lessly as honestly told you that they had been used to me, and preferred mo,to a strange Cvonnanaer ; and he was most positive in asserting i►. was p ure l y an act of their own,, for that iieither myself nor any officer of the ship, who - was not a petty officer, had any thing► to do in getting it up. It is then, I must submit to the Court, in no respect what is caged a round-robin. • that my respectful explanation would satisfy the Vice-Admiral that it was much against my wish that a request should be intruded upon him of such a nature and from such a quarter, when lie himself knew I was not eligible at the time for the promo. tion prayed for. I was therefore induced, with those views, to say I would take an opportunity of putting it into the Vice-Admiral's hands. " When we got to Malta, at my first interview with the Vice-Admiral I handed it to him, and I beg to refer to his own evidence of what passed at that interview; and I can only regret that my intended explanation was not received. The next time I heard about it was in a few days afterwards, when Captain Spencer called on board the Genoa, and told me that the Vice-Admiral was greatly offended with me for handing him such a petition, which he considered a most improper interference with his authority, and a great act of indiscipline. I was greatly alarmed and hurt at the Vice-Admiral's taking such a view of it, and I instantly expressed to Captain Spencer my deep regret that I had, in any respect, done wrong in handing it the Vice-Ad miral ; and I at once begged him to take_ the earliest opportunity he could to offer my apology to the Vice-Admiral, and to say from me to.. biru that I should be ready to repeat it personally, if he would do me the honour to allow me the opportunity. Captain Spencer was so kind as to undertake th;.s for me. I mentioned it afterwares to Commissioner Ross and to Captain Ommaney, and do trot hesi tate to say, that in the most unequivocal way I ex pressed to them also my regret that I had been in duced, for the reasons before assigned, to hand the petition to the Vice-Admiral. Captain Spencer was so good' as to convey my apology to the Vice-Admiral, who received it; and, by the Vice-Admiral's desire, he returned to me saying, that in the first instance he (the Vice-Ad miral) at once accepted the apology, but that on reconsideration he had desired him (Captain Spen cer) to inform me, that as I had brought him the petition on service, he should not look over it with out I wrote him a letter on service, to recal it. I then told Capt. Spencer I was greatly obliged to the Vice-Admiral, as I was to himself, and would immediately so write him, and which accordingly I did, expressing my regret at the circumstance, and requesting to regal it ; and I then went myself on board the Asia, and delivered the letter to the officer on the quarter-deck, who conveyed it to the Ad miral in his cabin, where I waited on him. lie at first expressed his anger in strong terms. I bowed with respect to la r t keprircarid, assuring him of Inv pwp regret on the occasion, and explaining why . 1 had been induced to forward the petition; and, in the fullest manner, thus apologizing for any irregu larity and breach of discipline and decorum I might have committed therein, I entreated him to pass it by. He then accepted my apology, and return ed me the petition with the draft of u letter as from himself, of censure, which he had intended to write to me on the occasion, and he then pledged his honour that he had kept no copy of the petition, This relieved me of the distress I had been in. and I was very happy at such a result; and the Court will recollect that the Vice-Admiral, when giving his evidence, said most unequivocally, that he meant to make a statement roost full, that it was forgiven and passed over'---,thesa were his very words. The petition of the men which I have pro duced to yen is in these words : " H.M.S. Genoa, at sea, October 31, 1827. The humble petition to your Honour of the pett officers, seamen, and marines of H.M.S. Genoa. 0/i;r , ..aanner in gratitude they thank your Honour fur the able which - you led them to action, and most ber,T,really support !!( - 1 them in it, and hope your Honour %ill long live to en joy the merited rewards of your conduct. " Your petitioners beg ale they leave the station, to express to your Honour the feel ings of sincere regr he re, with all humility, before for the loss of their late lamented Commander, " And Yel "..om they ever found a father and a friend. your petitioners, with all humility, beg to ex press joy at finding their lose supplied by their pre worthy Commander. They bad before found loin as an '':leer, active and able in the execution of his duty, I as well as gentlemanly in command ; but 'they have now found him, in the moment of danger, a leader under whom they should never fear any enemy. " They, therefore, 11=1)17 solicit your Honour to re present their feelings to his Royal Highness the Lord High Admiral. " And your petitioners hope that your Honour will permit Captain Dickenson to take the ship home, as Cap tain, in the event of her going to England. " We are, honoured Sir, your must obedient and hum ble Servants, THE CREW of H.M.S. GENOA. " To Vice-Admiral Sir E. Codrington, Sze. Co.mnander.in- Chief in the Mediterranean."' " In the next place, the charge designates it to he a letter in the leature of what is called a round robin. Th2,s it is not ; but throeg,hout, from be ginning- to end, it is a petition, couched in terms, the most humble and respectful, as a petition on any subject should be from inferiors to a superior, petitioning for a particarar object, beginning as 'the humble petition to the - Vice-Admiral of the petty officers, seamen and marines of his 1114esty's ship Genoa,' and every clause in it styling themselves. petitioners. It is, therefore, I submit to the Court, not what it is imported literally, it is in fact not the document laid in that charge—and for such tv e ly aro the Court to try me- , a letter coming to tie Vic e - Admiral from the crew of the Genoa, } out it is a petition to_hirn from the petty officer!,, seamen and marines of that ship-4i distinction which the Court will not, I trust, fail to make on so extraordinary an occasion as the present. " In the third place, whether it be a round robin, a petition, or a letter, it is Rot u the terms laid in the charge—desiring that the Vice-Admiral should appoint me in preference la any other officer to sue ceed Captain Bathurst as Captain of - the Genoa. It imports no Kele thing. It is, in the event of the Genoa going to, England, and on that coutingentey and eyes t only, expressing a hope, not a do sire, that he would permit me to take her. There is a vastd ifference between the terms hope end desire. The one, in such a case, is suppliant,' the °ther e in the utmost latitude of interpretatio n (and which our ablest scholar in the literary world gives of it) is requiring," demanding.' And in comtnon parlaneee, when superiors, in either of th e services of the Navy or Army, express to those officers under them, in whatever rank ' they may be, or when in a ci v il society -a superior to inferior or subordinate expresses a desire that any thing may be done, it alwars implies Ole mend. It is not so here. in this impe rative, and is virtually and actually an or", er or coin .' hope' simply and only being ",ed in connection construed' suppliant.' The with the whole ceritext of the r,etition, can only be encetition the term which is the word expeessle laid in the charge, not eing used in the eeetitee,„, it is, therefore, devoid of 'Aber term, desiring,' any snchLobno,,cmug expression ; and as it does not - con i t 4 lin t r-e words charged by the Vice-Admiral, un (l'iztl as they are stated to be in his letter of the ''.(h July, desiring that he should appoint me, in preference to any other officer, to succeed Captain Bathurst as Captain of the Genoa,—it is not, more over, for this reason, the document in que,tion so charged against me ; and as the Vice-Admiral in his evidence has again and again expressly said that he thought it did not originate with me, and that I knew nothing of the document, he thus completely took away the sting of his charge; and when the Court reflects that at the very period when the pe tition was presented, I was not eligible by the rules of the service to hold the situation of Captain of the Genoa, for I had not then served long enough as Commander, which I well knew, and therefore could not have promoted or encouraged the petition if had so wished ; and I do, therefore, in all these re spects, and under all these circums-unces, humbly submit to the Court that I am entitled to their de •cision that this charge is not proved. . " And here, hit, 1 cannot but obserre, that when I had offered to the Vice-Admiral, through Captain Spencer, on learning from him the displeasure it had given him, my extreme concern at the occurrence; and after he had reprimanded .me, and accepted may apology, and assured me it &101 l he passed by, an d then gave me up both the men's petition and the draft of his own intended letter of censure to me, in order that not a trace might be left of the transac don itself; and when, as the Vice-Admital has in his evidence stated to the Court, that after having reprimanded me for handin g him the docum en t i n question, be gave up to tne all the means which then occurred to him of establishing the complaint of the petition now produced, arid he certainly had no intention of taking further.official notice of any part of my conduct,' and these are his very words entered on: your minutes—the Court will, I trust, -7 " Such, Sir, is the petition itself of the crew of the Genoa, the handing of which by me to iht Vice-Admiral wa,, and is yet deemed by him an tostance of insubordination or of indiscipline, of which, he says, he would have gladly avoided the exposure ; and it could not but be a matter of astonishment and concern to me to find that Sir E. Codrington, knowing that ha had forgiven it, arid passed it over, could have been afterwards induced to make it, at so remote a peri od, the subject of a specific and distinct charge against me, as he HOW