The British Press; or, Morning Literary Advertiser.
London, England, 1809-05-24 00:00:00

REAR-ADMIRAL HARVEY.

FIRST DAY—IION
The Contt-Martiol on Ailin4) tiorvrx, ftr chi rge.t
set forth in Lord lismlbtrez, taker, dated April 4.
(Nu. 88, as underneath), took plait., this d;ty, ou
board the Giddiator, in Portsmouth buirhour.
The Court wmicoinui,..ei
Sir R. Cr RT IS Bart. President.

Vice-Admiral Joh,. fitillyway Hear.A.l.s:ral W. A. Otvray
Vice..lJ Sir J.T Duelcyrneth thr flon. A K. 4.tigle
Vicse..M. sir H E Similsoise Captant Polte.ity Malcolm
Vice-Mistral Thosum-11 lls Cain:l,l,3-m. 51'Nlusara •
Am-Admiral John Sutton Caption /ohm Insist.
Ir.GuretuA.l,Eeq.juu.Jwlse-Advocate: •
The order fur ii.setubling the- Culla, tut.l Lurd
Cuaibier't tIo letters, bring read as :

• No. ire.
Caledoeia, in 02119110.1.011110, April 4, ling.
hilMesty'sathip lioinviense iwrived at thai att-
elforiiri yesterday, and Lund Cochrane delivertel to toe your
bitter, signifyin ;heir Lordships' directions to sue,too4l-•
ploy Mon upon the servire of ettemptog to ih-stray the
enemy's fleet by the Havana of tire•ships', Sze. ; and l beg
bate te assure their Lorilslopv, Chat Land Cochrane shwa
have very assistance, with all the *twain in my power IV
giVe him, filer Vie accomplishmeni of so desirable an object. •
A- the fire ships may be exp.,:tol toms:re every ainoeut,
I Aateloeutoinuilioaied to tbe diiTerent ships (tlinnigh
the me limn of the .I.linirshi or Divisions to tbeyeept-etire
Captors) the protected intention of dealt...view the rally's
feet, mid directed thew to (newish me with the ni sor
aneli laztitenants as would volunteer to command Hie Cum-
hick may not hr Raider the directiois of 1114 Offieer of
Ile rank tif Commando.; and also that a certain minder of
volanteer seamen, sefSeiest it, win the liiosvi suds (to for
soy other tereteet, should be ke,tt in re ailinews ; at Hes ROW!
time I held snit to the 'officers soul men (volumerrs) enroll-
' raxe amid of rewmd by their Lordships to such as should
jiar tigrish t:iriuselees on fide oeeJaiiits. •
Ulm., this, Kr be-Admiral if weev tame on board the Cale.
donna, sod mated a ustin,wr Of lacers anal love, on board the
Torment, that wore r 4 aily rulaut eel a to 1111(1,11.14C CO. ser-
vice, end that he offered himself to havg• the doer' of
that service. 1 informed hint that their Lordslims had fixed
wpm) I.ord Cuichratie for that pm:rose; M which Hear-Ad-
verted Harvey declared to me, iu the 1111111 i dun toe's.
Oar, cud desired me to consider it asap official runimuniea-
Hon.—that ;r he ems passed by, and I .ural Coduhiar, air any
Janine °Weer ammitited iu were rei!ce, he should
immimetli-
strle desire to ..trike los Bag, sal resi_tu his cow ,o.a.ion
I informed him thnt I sh .1.14 Ivr sot.). lie alsonl,ll take Put h a
inning measure, said that the Liods of the
Admiralty, having fixed spots Lunt Cochrane, and directed
me to employ kiln epos the a. ice, I could not dr iri.iic fruits
their Lortlabira' orders; the Rear-Admiral, upon tills; con-
firmed his veheineut Roil insulting lantotage to me, and
staled how much he bad been neglected for his former acr-
ewes both by myself when holding egret at theie
111oarj, a. well as bv others ot heir I awash ime• predecessors
there--thnt he bad not been Vi warded for the eminent ser-
vices he 11:111 pet firmed. And after much vittent invective,
and a continuation of ifisn'..ing eq....terra and langaimte, u toter
which. I beg to *s.a.e. their Lordships, I preserved nay true.
per and calumet!' Inaards
differed with tne is upionsiu, with respect to my coaduct
the command of the file t-.-that he could inspeaeh me fur'
ninrondne t and hail management; and ended, by saying,.
with the sonic insulting tour :.tai uoiniter, that he thru
offeterl low.self to go, in the Tennant, or any old rotten
eevroty fort-guii-ship, to board the enemy's tbree•&clied
shio in A ix-ronds,anei bring her wit •
Hers I mint o:sterve to their Lordibips, that in a conver-
sation, a few &.v, sett, with Rear-Admiral Harvey, epuu the
atroug radio., of the rarity's lieet, hr stated it to be, his
opinion, slot say ships that entered their sabotage to at-
tack the enemy, could fierier retina moot it.
I doll nut tninble !heir Lordships with any further detail,
tespectine the disrespect 'olcooduct of Rear-Admiral 11 witty
towards toe, but only to soy, that I never in my life rut tired
at. much intuit tuivieds sty fatliugs, so sharply, as on the
present ocricton. I must add, however, that I have not-
focally sheen the ft( er•Adiniral that respect and title:mom
to which his rack entitled hint ; and I eau venture to appeal
to all the oflictes under my command, that the service, wore
I have been in the command of the fleet, has been conducted
with the greatest km 'nutty, unit the best undendaniling a ith
the officers their Lordship* have done nit the honour to
plate ander my command ; anal that I have used all the seal,
atteution, and dilieence in my power, to diselsarze toy duty
with integrity and ups-kismet'''. Under theaseirermistarees,
and a conaideratiou that the public service may lie iinproltil,
1 trust their Lordships will are the ueceiesity of takiug the
must speedy meancet a of relieving me from the eiuSariosinnic
Oil nalion in which I am placed by the oflicet secouil iii com-
mand to me here, treating Inc in a manlier so ettotimptuutis
and insulting, as to anionnt eren to mutiny. Having stated
hat I bare dune, I IN-S to stater the it Lordships, twit Ido
it only with a view to vindicate any character from the tie.
merited aspentions cut upon it, by SO officer so violently
irritateel sgaiost me as !tear Admiral Harvey appears to be,
and this for an act net my own.
If your Lordships should not, Imes this a:element, thisk it
neeeseary to order a Court Martial to be held upon Hear-
Admiral Harvey for his conduct, I beg it may be to.)solcre.l
find 1 reserve to ut‘stlf the right of making au applicat:un
fur that propose. i have the honour to be, Ste.
CAM KIER.
No. Ma.

C ileslonia, in Basque Ttnads, April 4, I Rn 9.
slit—since I closed my letter to you this w.mpirg (So. so),
stating the conduct of !tsar-Admiral Harvey yesterday, it has
emoe to my knowledge that he has, in many instance's, spoken
of me inn frost COOtefliptilo3ll and disriametful Mintier, to
t'teflit 4take,, in the fleet; and done with that puhlo ity,
thst it crimps fail to have b P.I thisconissoteslllOYlttl the
isfecor 0:11-en :ml Seamen under my comm
It is Indy painful to me, partindarly iamb r the circuits..
%tam es °fan sppronehing enterprise. that hisignage should
have been sowsr by aisy use calculatedto subvert due con-
fidence oil dttripsoe, and to militate au much s„,..nisist the
pines- of the mi'dic service .0;116411y tlist it
suisoild hove hero e.ed by an Macre holding the bitten's), of
01,0,1 in coin,., here. I Citilliot now, IttNCIIT, 10./1141111
nom the c .urea shirk it lie,mors necessary fur use to por-
our ms ti,, sweArton, and have theirfore to erspost that the
Lords emissui.-iimets of thc Admiralty will be pleaskJ to
orders Cunt Nl:saint to try clear-Adisintl /brie) urns the
clarets set forth M my letter of this day's slate o:wither
hi); and foe hulas, u hercinbefure stated, spoken of rue,
and of tar chain( ter stud conduct, et diEers :,1 haws, in an
nsuorcetlitse and contemptuous manner, tending to subvert
the discipline of the Fleet, much to the prejudice uf the
public StTVOtt, 1 hare the honour to be,
M SI P.R.
The slum. tso letters were addressed to the Hun. W.ll/.
Pule, Secretary if the Aden:rally. •
Ltrd Ganthier W4ll swam and cit.intineil by the.
Adtnirulty Prwureutor, Charles Bicknell, Esq.
Q. I believe your Lordship W Commander-in-
Chief of the Channel fleet, Lind was so on the :Id of
April 144, and that voqir flaw was flying an hoard
lii. Majesty's ships ('ale:le* ?—A. (wag.
On what fluty was )(w Lordship's. fleet at that
time ?—Einployrd in blockading the enemy's fleet
titlehored within the We of Aix.
- • —•- - •

Ddyour Lordship, as miseltCoiamonder-in.Chit.f,
receive orders from the Lords of the Admiralty, to
employ Capt. Lord Cochrane, of the Loperievise, in
su ■ttempt too &aims' the enemy's &au to Chswitie
am: nn what dry 'lid tour Lordship receive
Ditch ortirr?-Idid receive titre-dim,* to that pur-
port; I think on the 3sl nr 3.1 of April last; l can-
not *perk to the very
Ile pleased to prudisce that order.

!t, ' • .

(The order was accordinKly produced and read ts
ilie ('ourt.)
Did your Lordship, in consequence of that order,
issue any, and %hat, directions to the respective
Captains of the fleet, through the medium of the
admirals of divisions, on the subject of such au--
.drire ?-4 issued orders through the Flag otfieerrs or
'the fleet, as set forth to ta) first letter to Mr. Pole,
whien I beheve is instiecessary to risprat.,
What was Rear-Admiral Harvey's runk and situ-
ation sit the fleet at that time?-11e was Itear-Ad-
tuiral of the Kett, and second in command.
• {tear-Admirul 1-I irvey afterwards come on
board the ersiedvaio, ;still on what day
Harvey caws on board the Caleduxia su the after-
noon, I think, of the dd'of Apia.

Be ;demsed to sate to the Court all that passed
between your Lordship and the. Rear-Admiral nit
that day ?.....114aving detailed the cireitinstauces that
led to the nopleitsuut interview that I had with
&Lineal Harvey, in which he' offered an insult to
me in capacity as Commalider-iii-Chief of the
Channel fleet,. witieli I could not pass over without
conipseni4ng that discipline, which it was my
duty to support and to enforce ; on the afternoon
of the ad' of April, as 1 stated before, Admiral
Hervey cause On board the Celevlento, stud in
mu tio other person being present,
otned me, that in consequence of the 'orders
I had homed, caliitig upon the officers and sea-
men in the Bret to volituteer their *enema in
the fire-shits titbit were preparing to be sent
against the enemy', fleet in Aix Roads, there
were sevaral (Aerie, and it nuitaLwr or men On
board the Troterret. ready stud wiUiieg to undertake
that service, and Admiral Harvey offered• hiomeLf to•
nee for the direction of it. I itiformed Admiral
Harvey I had received directions front the Lords of
Use Atbnir:dty to empfoy Lord Cochrane iti the
eoterprise of the fire-ships. Upon which AdMiral
Harvey deeired to toe, in a high tone mid diary-
epectful manner, that if he were passed by, and
Lord Cochrane, or any other oilier j
(Athitinil Harvey) arpppointed to that service,m pee-
ferruce to him, that he shoodil iiniitediately desire
to It r.tie Iliaflag, mid should resigo Ills commission.
I informed Admiral Harvey I should be sorry he
should take so strong a Measure ; that 1 had
en:rived- direct' from the Admiralty to em-
ploy Lord Cochrane, and that 1 could
slot de-
viate from their orders. Upon this Admiral Har-
vey, to a vehemeut 'nod insulting maimer, said
he had been neglected for his former re rviees,
by myself, when I held a metal the Admiralty.
and by other Member' of that Board; that he
had not I).!en rewarded for the eminent vertices
he hail performed. Admiral Harvey added; in a
very coateututupus manner, and °Maisie, to me,
that he was sure 1 had written to then Lord-
ships to proposb or recommend name officer „ju-
nkie to bun, to supersede his id'the ixecution
of arty service that might be undereaktio by"the
fleet in Basque Hoods. Observing Admiral Har-
vey's heat and intemperance•of moaner, I was
careful to avoid saying any thing that might
give him the least offetice, or increase his irott-'.
Llfbli, but calmly told him I had not taken Midi
step ; that I hail, in a private communication
with Lord Mulgrare, informed him that the ene-
my's -*hips in Am Roads lay much exposed to the
oporution of tire-hips„ mud that no doubt molly
volunteers 'might be found to undertake the ser-
vice, without mentioning city per-oil to conduct it ;
which the Rear-Admiral, by his manner and coun-
tenance, appeared to treat with contempt lie said,
he shoold brims 113 C to account for tuy conduct ;
but that was tint the proper time or place fur it ;
he said, in it teed contemptuous ma ssss er, that he
despised the meantime of my sending an unplica-
' lion to the Admiralty, front the Acting Blaster of
the Tennant, for a court-martial upon the Reer-
Admiral. I must observe, in justice to myself,
that 1 had used all the memos ill my power to ac-
commodate the difference between Admiral liar.
vey and the Acting Nlaster, which I thought deserved'
the acknowledgmentsof the Rear-Ad mind. Ailatind
Harvey also repronclied me for not coutitling its
him ',or consulting I • upon any service or ocraision ;
that I had 110 cotati,lenee tit ally memo; and that Sir
John Duckwirah told him that 1 nevercontided any
thing in hitii. Admiral Harvey said he differed from
me ill respect to rev conduct and mailageineutin the
eonimend orthe fleet, that he could impeach me for
inistmacluet and bad management ; and, its the same
inseltin„e manner, said, that he offered himself to go
iu the Tossuaer, or any old rotten seveuty-four-guti-
ship, and board the enemy's threttelecked ship in Aix
Roads, and bring her out. • This I considered iti on
other lig!tt than us an insult to me ; for, a few
dope previous to this interview, in a conversation
with Admiral Harvey, he declered that any strip
that entered to attack the enemy, would never re-
turn from it: Admiral Harvey shortly after want
on the ntrarter-deck of the Calvtonia, where..l was
iaforirstil, he held lasignage to my discredit, and re-
tketieg en we, which other witnesses will speak to.
Did IteimAdmital I larety guy any thing Meant
your having endangered the fleet more than Qllre ?
never said any thing to me on that cab-
je.et at that interview.. .
. .

Did he at 'any previous interview.?--No.
Did Rear-Adontrial Harvey accompany his insult.
ing language to your Lordship with any, onil.what
gcstures ?—.More by expressions of anger and heat
In his conversation, and by Lifting his haul in a way
that I thoitglit insulting gestures.
Harvey asked. did your Lordship
.erer officially communicate with me en the subject
of attacking the cuemy in Aie Roads ?-s-I had some
conversation with Admiral Harvey mire on *the
priteskatality of it ; and I have stated in the eonrse
of my foregoing evidence, what my opinion was.
Does your Lords) ip know that I have otlertsl to
make any apology to your Lordiiiip, that a mower
honour could make fur the roopmssiiiits that rammed
me certainly do know it, and should lame
been most happy to hose accepted it, if it had heets7
coniistent with my ditty to my country, to :my
profession as a naval tater, Rua whist L
the character that I held in my Moblisecapacity of
Comm:owlet-in-Chief iirthe fleet, for .1 tame t.ttte,
tact I hear uo pi mauls! enmity or resentment to
Ailiiitral Harvey for his conduct.
Sir ILN 1 tx, Pact. first Captairt:* At Caledonia,
teas culled in anti worn.

Vms .yon on board the Caledonia on the 3d of
Izot month ?—I
Du )(a recollect Rear-Admiral Harvey cowing

on board the taledoxia on that thy, and after hav-
ing un interview with the Admiral in his cabin,
coming into your cabin ?---I do.
lie pleased to state to the Court what the Rear-
Admiral said in your presence, respesting the
-Cominatider-in-Chief,and the disinter its w IM-11 he
expresstd hiws.•lf.-1 was couveising at that tune
with Lord Cochrane iii toy cabin ; Admiral Harvey
came iii, and addressing himse•ll principally to
Lord Cochrane, alter exprc„its;,•- his disappro-
babau of his being selit ou the service then in ay.
union, and his deterinitiation to strike his flag as
want as the service was executed, he flirts; with
great vehemence, aii.l rapidity of expression, said,
that Lord Gambier was a taw unfit to continend
the fleet ; tha. he had never seen a fleet so ill-
condected in all its points shift he had taken
the comunitid ; that instead of sending boats to
sound about the Chanuel, sud to consider the
best mode of attacking the eueiny,• he had au.
ployed himself, or amused himself (I forget
which) with mustering the ship's company ; that he
had not taken pains to **certain eliether the enemy
had placed any boom in the front of their line ; that
if Lord Nelson had been there he 'odd net have
aitelitnett the fleet in Basque Roads, but !mei:dash-
ed at the enemy ut once, or words to that effect;
that he had spoken his *Mud to the Coin-
mander-iu-Chiel ; that Lord G. had received him
very coolly after the battle of Trafalgar, and had
Used him very ill, in having transmitted the Master
of the Tireaant'a letter for u Court 41artial upon
him. Adios' al Harvey also said, that he-had made
an offer to go its with the Tommie, and bring out
the enemy's three-decker.
What were ilia words used by hear-Admiral
Harvey, in speaking to Lord Cochrane of his disap-
probation of his Lordship's benigappoiitted to con-
duct the enterprise with the tire-ships ?—When he
came into my cabin, he wcht hp and shook hands
with Lord Cochrane, saying, he ahould have beeu
very happy to have seen him upon any other occa•
bi o n than the present, mud that he 'Aug ordered to
execute the service m question, was an insult to the
service, and lie would strike his flag as 60011 as that
service was executed. Lord Cochrane replied, I
assure you I did not seek it ; I weut to town, and
in a conversation, either with Lord ltiulgraves or
the Board of Admiralty, it was inentiotted to ine
that an expedition was intended, compawd of tire-
ships, honalts, and other reasela, for the purpose of
destroying the French fleet in Aix Hoods. I air
sawed it was :1 service very easy to be executed. I
was asked if I wonl.l undertake it ? I answered, yea ;
ad I was sent accordingly. Admiral Harvey said
that he meant nothing personal to hint ; he had a
high opinion of him; he spoke roily of the insult,
or words to that effect ; then followed wile 1 hate
before stated respecting the Admiral.
Do you know of any other instance of language
being used by the Rear-Admiral to you, or to any
other penal in tour presence, reflecting on the
conduct of the Commander-in-Chief ? If so, state
them.--I remember, upon one occasion, bullet!
Lord Gambier was appoitited Commander-in-Chief,
and previous to the affairiu Basque naiads, Admi-
ral Harrev's saying, that Lo►d Gambier had en-
deavoured to make•it pleasant to the fle.•t, other-
wise there vionld.be no hearing him, or Potting up
with him ; a man must have some good qualities ;
or words to that effect.

Was what you Ib avi; stated to have been said by
Rear-Atlmirdi ll.‘rvey spoken in the hearing of
any oldie of or the men of the fleet ?—Not to
my knowledse ; 1 'Mould rather think not.

Lord (:uFwttMts, called in and swam
Was your Lordship present with Mir Harry
Neale, when hear-admiral Harvey came lo his
cabin the 3d of lust mouth, after hariog had an
interview with the WWI
in Sir 11. Neale's cabin ; the only information I had
with re.mert to bia Haring Wen with Lord (14111.
bier, was from Atlinitol Homy.

Ile pleased to state what imissed on that rico:lam'?
.-s-Thai which related to the service was, that h'
had had a c-uversation with Lon! Gambier, relative
to the appointment of an inferior officer to act
agaiust the French fleet ; he said he hush volts's-.
tetrad his services to Isis Lordship ; that he. was
"anxious that he should have been employed on
that duty, and dirt he thought it a right. Ik
also ruentioued, that he had hero several times.
treated lightly, and that he did •not think his ser-
vices had been attended to iii that way they me.
iited. There were ..I.l.:ser thiugs said, which followed,
with a considerable degree of warmth, as if the
Admiral's cooler jllll4lllVIli had UO CollUeilo3 with
the affair: Lt the course of the conversation he
said, " I am no hypocrite ; 1 non isO mauling:
; I am no psoliei.siii.;er; I do. not cheat eld
woolen out of their Metre, by hypocrisy and cant.
ing." Ile said he should have been ',coy happy to
. have 11,1•11 me on any other omission. but lie felt
himself exceedingly hart, by an inferior (Meer be-
iog placed in a vitamins's that was his right. He
a:so nienti ed that Ise had poke,' to Lord Gasu.
bier with the caste degree of prudence es he had
done to Me its the presence of :id. lia•••
have already stated that Admiral Harvey thew cd a
great degree of warmth.
What answer did yoor.Leaskihispriake to the ob-
servationa of Itear-Admiral Harvey ?-1 thiiik it
was in these words : *. You have a strange instant
of prudence, Admiral."
Was 'your Lordship afterwards on the quarter-
deck of the eafedimia, and did you hear any and
what observatious made by Captain Bedford, or
any other person, rerpectiog the eouttuet. .r the
Cominaialer-iii-Chief, and the 'interview he had
hal ath him ?-1 w,as 'afterwards present on the'
ritior..rr-deck of the Ca/Marjo ut the time thou/141-
miral ilervey Was opeaking to Captain Bedford;
but I dad nut hear one word of that conversation
I was at that time talking with Sir 11. Neale; I do
not know whether troy other person was in conver-
sation with Admiral Harvey but Captain Bedford,
wlioin I remarked.
You have recited several expressions you heard
Rear-Admiral Harvey snake u.:eof in the presence
of Sir ii. Neale, and you have said that you did
not knit* those ex oessions alluded to I oaf Gam.
bier; did the impression made upon yust induce
)on (lieu to believe that the Rear-Adiniral meant
to apply those expressions to Lord Gambier ?-1
have pot the Court into possession of all that ;levied
on that occabion, upon which they otuy to-.o their
opinion of Lord Gambier; with his privet,* -mow-
lions I am unacquainted ; I hare heard that ban a


3~.-. F

--~-rT-,

r"-- 771 -77,17IFFINfrif 7 . .
•
. .
retigious My, and distil*, I did think be Ives al-
luded to. •
144.dy0ul Lairalship reasod, at that time, to sup-
pose it could olio& to iinv other person than Lord
Gauthier;—,`.o reason aliatever; but this is were
matter of opinion.
Did Sir Harry ,Neale make any observations to
you eu the expressions you have recited of the
Hear-Admiral N.—l do not know that Sir Hurry
Neale spoke u word at the tithe on the subject ; itr
fact, I don't remember. •
When Adintral Harvey said to you that he had
been lightly treated, and that he did not thick his
settlers had been attended to in the way his services
merited; did he say it was by Lord Gambier
To the best of my recollection, he stated that he
had been lightly treated by the Admiralty, wi:eu
Lord Gambier was at that Board ; but it seamed
to be more a general complaint of the way be had
been treated is the ser% me, with the exception of
his having mentioued his disapprobutimi of the
transmassom by Lend Gamble' of au &application by
the master of his (Anus. Harvey's) ship, for a court
turbid, which Harvey expressed his ois
Mon that he should out have dour, under all the
circumstances of the case.
During these conversations was Sir H. N rule in
a situation that he might hear them ?—lt might be
the distance of two couie windoas between us, or
three or four yards.
Did your Lordship hear Admiral Harvey, in the
presence of Sir ii. Neale, express any opinion of
Lord Gambler's conduct as Cotmutinder-in-Chief
of the Channel fleet ? If so, state it to the Court.—
Yes, he said he disapproved of his conduct in many
instances; I think lie stated our in particular; it was
iu cari, lug still if Uslitint, and endangering the
fleet ; that it Wits his opinion that Lord Gambier
wail not equal to the command, and that he meant
iii fact to bring Lord Gauthier's conduct before a
Court Martial; or words of that kind. That is the
impression on my niind.

equals W BEDFORD calla in and sworn.
Did Rear-Admiral Harvey come Olt board the
C'e/edonia, on or about the id April last ?—l'es.,
State lu the Court the obsers Fitlolll made by hint
to von, alluding to the conduct of the Commailder-
in:Chief.--Ou she starboard gangway lie observed,
thet, as- he was not its the I otifitirme of the
Commander-in-Chief, I would inform him thut he
was really for any service about to be performed,
either in boats or ntherwisi.. 1 &Ayres d, that it
was nut ati}• part of my duty to make any ouch
coinniunication to the Coniitiauder-iti-Chief. There
were a number of people around, of the (Akers
and ship's einepaily, the Chaplain among them,
within hearing of the conversation ; I desired the
Admiral would do it to the Commander-in-Chief,
or through Sir 11. Neale; he repeated his request
that it Might be conveyed to him through me, as he
was not in his confidence; observing that a consider-
able time had been lost in making an attack on the
enemy ; that he had a plan for donig so, and should
be much disappointed if he wits not allu.ved to put
it in mention, I asked the Admiral, if the Beet
afforded means for that purl ose? and he seemed Tx-
cessively angry, and said he would not sutler me,
nor any other man, to ask him such a question ;
this was the -2.1 of April. I do not recollect any
other convers:di 4444 Olt that day—lie spoke in u high
tone of voice, 'dial nerved much disappointed.
The COURT asked—When you desired Rear-
Admiral Harvey to express Isis wishes to the
Countuinder-in-Chief himself, or to him through
Sir Harry Neale, did he state no reason why he
preferred it going through you, than through Sir
11. Neale?—Nootlmr than what I have stated.

The Pioreentor asked—.Didlhe
on the following day, 1he.34.1 of April, ognin come
on board tine Caledouis Y-1 lielieve a, ; he went
off the quarter-heck to the Admiral% cabin._
. _

Afterward, did he come eau the quarter-deck Of
the Cateduaio, and make aur, and what, observa-
tions to you, respecting the conduct of the Com-
mantler-SunCliief I—lle cause on tile-quarter-deck
touch agitated, and told roe. that I might tell any
person that the Tomiant wag at his berVlCr, that he
was deter ted to strike his flag; that apersem beim;
sent to perform the intended service, waseertaiirly a
summational' the Cotninateler-in-Chief; that it was
an Mush offeriA to every Offi.:er of the Fleet, and
to theservice in general—Lord Cochrane being
sent; to which I sweet', saying, I believed there
was but one feeling in the fleet en that head, ois to
his appointment ; he said Lord Gumbier's conduit
to hint on his return from Trafalgar. as will as his
forwarding the letter of the. Master or the Moment,
for a Court Martial on him, were proofs of his me-
thodistical and jesuitical r lust, and of his sin-
dietive temper ; that Lord Gatribier'scoodowt since
he coniwailded the fleet did not meet with his isp-
proisitiou ; that he had employed the Officers its
mustering the ship's company, when they ought tcs
have been employed in gaming information of the
soundings; that ,hr thought him quite unequal
to the cinumaisd of the fleet ; tied he knew that
I was of the ramie opinion, and it was not fair
to put. the question to me. Lord Cochraim
awl Sir Harry Neale were walking with me
on the quarter-deck, and l conclude his Luntsliii,
must have heard the conversation ; but I did not
know that he did; lust he looked over his shoulder,
and said. "hear .him," or something to that elect,
and several times tinniest to sae. Admiral Harvey,
ots his going out of the ship, asked tne agaiii, if I
had ink/rated the Commander-in. Chief of his reit-
amens to pi.rforin any 'service that might be neces-
sary ? I told him I bud ; and he said, he (Lord (
hail not mentioned it to huts. 3r bud taken too no-
tice of it to him, which was another instance of In,.
jesuitical caridoct. I think more might have heels
said as to his unfitness to command the fleet, but
Istroided the vonversittion ; this Wia }sins down
the ladder, and I suppose it must have hceijiticard,
as I saw it in the public'papers, aid it iiever had
escaped my lips. I tecolleet soots lifter his coining
out of the cabin, lie said he had spoken his mind to
the Conmiander-in-Chief, mid lie had given it to
the Commander-isi-Chief, or words to that effect,
hut no on • was ',retains, at that time. '
Were the observations you have stated made by
Rear-Admiral Harvey in a mawner and tone of
voice to be heard mid observed by any of die officers
and men of the Anton the quarter-deck cud poop.
or any other pa rt of the ship ?--Certaiisly.
The
betwie,Co 1
itu reaar.aske
tdrwli—ryi;:airsli
yiasskia t
sand
ylev,
oilt,onsvietrlsown
,isle
ass beard by asst' of Use ',dicers of the ship ?—:Sio.

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•
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I do ant. I only mocha+ an teem the tituatioa in
winch the conversation passed.
Were any officers oromeit within hearing?—Ye.,
the roarter-deck was full, having rarely less than
30 persons cm it on such an occasion.
Can you torone the. Court if Admiral Harvey
was 'wood is eoitenand ou the Id and 31 April, or
either of these days was.
lipoir the conversation that took place between
you and Admiral Harvey, on thy 24, was it theii
understood that Lord Cochrane was to col 1111 l and
the lire-ships ?—I think not, 1 multi stood the Cons-
mander-m-Chicf was Oleg himself at that tiine.
Capt. JOHN PAR BERtAtrilllpt of die Theseus,
called ix and sworn.
The Proserutorrisked„ Had you any conversation
with Rear-Ailluiral Harvey, some few days before
you left Basque Roads, on the subject of attacking
the enemy's fleet tinder the Isle of Aix?—Yes;
pause few days before Adiiiiral Ilarvey left BOVIlle
Roads, we agreed in opinion that the enemy's ships
in Basque Roads could not be destrcyed by our
fleet without runiiiiig the risk of both fleets being
sacrideeil ; and thought by tire-ships the enemy
'could be destroyediultimately, by their own fears in
cutting; 1 should think it was about four or live
days previous to Arliiiiral Harvey's leaving the fleet.
That was all the conversation that Admiral Harvey
Iliad I ever hail respecting the Commander-in-
;Chief; I was frequently in his society, and never
'/enril him say any thing disrespectful of the Coat-
mender-in-Chief.
Cuptaia JAHES Bewevr, actin Captain of the
Tonwant, called in awl saw's.
The Prosecutor askisl, Did you hear the Rear-
Arlinhapoblicly, at his table, use ;my expressions
ref 'sting on the public conduct of the
? If so, state when and whist he said.
1 cannot precisely recollect. the time that Admiral
krvey MA le use of sorb expressions ; but I here
I oxpr,, an opinion that the Commander-
-40-Chief was not competent to the rassaineintl of the
'CL.et—it was iu Briscoe Ronda---1 heard him express
• it more than inice—l have bean) biro wry so on the
quarter-deck, and on the Poop, where tile Admiral
usually publicly; but I commit say that I
beard it at. Isis table.
The Coon asked, Was it so spoken solo be heard
by oilier people beside yourself ?—I have no doom
lost others heard it. The Signal-Midshipman and
Quarter-.'.tasters must have beard it, and the 01$.
cers walking &Mont.
Although this language might have heels beiird by
other people, was he addressing his conversation
particularly to you ?-11articularry to me.
Did any promo who Might, as you have sup-
pored, have heard these convenisittims between the
Admiral and you, ever make any observation to
you of what had mowed between the Admiral and
you ?--.-Never, to the best of my recollection.
What led the Rear-Admiral or you to this Con-
versation ?-.--Admiral Harvey was in the habit of
conversing with me, when he walked the deck, on
various other topics. as well as the conduct of the
Comniander-in-C.liief, which were not at all cons
fleeted with ea, Is other; and I do not recollect coy
thin; prirticular, which 'Muslin:eft the conversation
inspecting the Commander-hi-Chief. •
The Court asked, Were you upon the quarter-
deck or the Caledonia, on tile 3d of April last. while
a conversatimi was held between Rear-Admiral
Harvey and Captain Bedford was.lll the
quarter-dark.
Were you walking with Lord Cochrane, at that
time, and on the slime side of the sleek with the
near-Admiral and Capt. Bedford ?—,I was.
Did you hear any port of the I en:venation that
passed between these Officers, and if so. state to
the Court what you did hear ?-1 did not heir any
part of it.
The Prosecution heiirg closed at three o'clock.
the Court adjourned until half past nine o'clock
to-morrow morning—(•rires.lay.)
SECOND DAY—TUESDAY.

The Court met, this day, according to adjourn-
m.mt, when War-Aaiun-el Harvey we called on
'fur his defence, which was read by the Judge-Ad-
vocrite, as folloWs
Mr. PRESIDENT and (.11:NTLF.IIEM—I thank the
Court for adjourning to this day ; the interval of
tine has given you an optiortuntry of perusing the
evidence that has been adduced, and, I trust, of
discovering that it fills short of proviug the charges
exhibited against tee.. I should nut, however, be
acting a Pair mid candid part, were I to deny that
a conduct which I cannotustify her been es-
tablished against me ; and I now offer my most
humble aimoln4y to the Court' for it, For the of-
fence that t have given to the Cumniaisclet-its;
Chief,. his Lordship has proved I have already, of.
fered au apology that was satisfactory to his feelings.
The Court will not fail to recollect, that, although
I have spoken of the Commander-ia•Chief in terns
which 1 am extremely sorry fir'having used, 1 dill
not speak with that publicity that is stated in the
charge against me. I spoke only to persons of rank
unit station iii time Fleet, no whore minds iny words
could have no injurious effect. What I said is not
found to have been sliesemionted :mono the infe-
rior orders of the Nays.. ,i\ o reunion or petty officer
has heels called who ever heard any of the
collopittillell Of.
,It will also occur to you, that all
the imeinoerritc expreiisions used by me are pruned
to hate been, used *bola the same•time, Ru.l when
I rots% a state of great irritation, in consequence
of soy offer to attack the French fleet beiii4 passed
over without the least acknowledgment of its hav-
ism bees. made.—Exceo of zest and impatience
of restraint, when an opportunity of entcritrusr pre-
sents itself, although faults, are such us the smolt
eminent Naval Continently,* hare nor been free
from ; and the directs of the/ware all that eau be
fouud blameable in my conduct. It never was my
intention to thwart .inv superior officer ; on the
contrary, my whole Isle has been, and shall con-
tinue to be, entire aulmaiNsion to their commands.
To many of the Gewthoueu of the C.oort, I have
the liciimur to be known ; to them I appeal for my
former character. I shall als.i beg leave to desire,
that two letters, from most distinguished persons,
under whom I have had the hollow to serve, may
be read. The manner in which my services have
been estimated by them, %ills I am sure; have its
doe efE-et 011 the judgmeut which the Court is
railed upon to pronounce upon me..
(signed) ELIAB nARVET, Rear•Alkair‘l.
Hay 114 tetve•
is
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