The British Press; or, Morning Literary Advertiser.
London, England, 1810-04-04 00:00:00

CAPTAIN LAKE.

Sir Fnancts litinitaTT rose, in pursuance of •
notice he hail given respecting the conduct of Cap-
tam Like. After much eensisleration, he conceived
the hest mode of conduct to be observed upon the
occasion was, that all the papers relating to the cies,
cum,bilice. of such unparalleled cruelty, should
be referred to a COlLlitaittre appointed fur the pur-
pose, who should report to the House what other
proceedings it would be neressary to take. lie then
related the circiunstai.ces attending the uoprece-
de:sted severity with which theiveanian was treated,
by his abandonment on • desert ruck. The motives
for the indiction of inch a punishment were evi-
dently no common ones; there we. no necessity Air
plar6ing upoo the theme, the facts of the case
were much 'stronger thou any repreu.ntation of
them could be; beside, when important characters
of the Navy were concerned, it would he highly
reprehensible to attempt to aggravate their cond iict,
and draw the public mind from a just idea of the
state of the case. He had first seen an account '
in the politic prints of those circumstances of inhu-
Inanity, and indeed was not sully shocked at the
horrible. tale, but at the unfeeling matteer in w -sich
it was represented ; for it appeared with no snore
oliseriat than if a coach had broken down iu
Piccadilly, and none of the passengers hurt. But
this case involved not only the consideratosia of jus-
tice and humanity, hist the character of Govero-
meut, who were bound to take proper and summary
steps on the occasion. He had in his possessmio a
letter from Sir C. Morgan, in w hich there am a full
stitement of the case, with distinct accusations
against Captain Lake ; the former 'should he or-
dered home from his present destination, in order
to give hot testimony with respect to those accusa-
tions which contained what called aloud for the at-
tention of the House. Upon the Court-Martial
which took place upon Captato Lake's couluct,
many injurious circutnstances appeared; amongst
which was the probability of the seaman's having
perished ; and even. independent of that dismal
supposition, the circumstance of his exposure,
without the means of support, or the expectation
of relief from so calamitous and desolate • same.
Gni, was one of Un ordinary proof of vindictiveness
and obduracy. tiliether the man perished or not,
ti- case, in the lanral rev..., was unalterably tlw
same. Mural, rhea. as writ :me nodule Isw, marked
Club • ?induct for its recu sir animadversion.
his best intention to move fur an Addre.a
Mml"blVs to smitiiitte a prosecution for
,; but he Afterwards thought that du-grounds
isot be deemed sock by the Grand Jury, as to
isc them to bud the bill, but it was lit. /lied

opinion that there were grounds, whether the body
was found dead or not, for imaitutine a proseenttoii
for murder. It appeared by the evidence upon the
' Court-Martial, that the seaman had stolen some
Alp race beer, and for thin, combined with other
t ircutustatices of dishonesty, he had been bold-
ed ou the island. Bet he was convinced that there
ass a conspiracy termed fur the purpose of getting
rid of the man. and such were, the means used fur
effectieg such a purpose. Bat even if the man
had been guilty of a murder, this was not a punish-
IlltyS which his Commander, or, indeed. soy tti-
-1 al, would have been joatified in inflicting en
him. It did nut appear iu eridesice that the island
was inhabited ;' on the contrive, the inference
to be deduced from the. evidence was, that
it was nit inhabited. There were no houses
seen upon it. no traces winch could be pre-
enamel to indicate the residence of human. beings.
As to the account of the search wade for the unfor-
timer man's body, it was extremely unsatisfactory,
sod such as no individual, exorcising his reason,
could admit to have any weight in palliation of the
crime: And here he could not feebler animadverting
upon Out conduct of Admiral Sir A. Cochrane,.
who. after the search had taken place, and diet the
body was net found, concluded, that the wait was
safe. He had stated, as his reason for supposing
that he was safe, that an American paper had said
so, and thereupon he contented himself, and elitist-
dered that the ends of justice were sufficiently an-
swered by reprimanding Captain Lake. But *hat-
ever might be the opinion of the gallant Admiral,
he (Sir F. Burdett) was sure that that House and
the people of this country, would not be satisfied ;
their justice would require something snore w such
case than a bare reprimand, they would not think
it sufficient barely to inform a person who had vio-
lated every
.principle of justice and humanity, if
this fact could be established against him, that he
had done set wig. But, with respect to the testimony
of those who were sent to search the Island, that
was also attended with most singular circumstances.
[Here, Mb in the former instances, to which he alluded
in the evidence, the Hon. Baronet read large ex-
tracts front the printed Minutes of the Court Mar-
tial, the substance of which is all that we profess to
lay before our readers.] Mr. Spencer had stated,
that they found part of the troweers of the unfor-
tunate mail, while they were occupied its the amuse-
ment of shooting. Nothing could appear more
shocking whim (Sir Francie Burdett) than this in-
clination to diversion 'us those who were sent upon
one of the most solemn inquiries in which it was
possible to be engaged ; that, at a moment when
they were to ascertain the life or death of one hu-
man being, and, perhaps, to decide the life or 'teeth
of another, they should be so little impressed anti
the dreadful duty in which they were occupied, as
to turn it into a party of pleasure, and divide their
tune between seaschilig for the body snit shooting
at wild birds. it was important, that all the per-
sons concerned in this search should have been
called; or, if any selection was to lie made, he w is
sure that those who had concurred in the act of ex-
posing this mate should has been the last ob-
jects of that selectioo. Was it not an extremist'.
tree eisseemetwoor. thou. that the others, who went
to scarce orriteit.enontit nut nave ltetid esilta.l ? a.
that the only. person, beside MG Spencer, who was,
should nut have been examined, to the fares to
which Mr. Spencer was examined for the purpose
of determining how far his evidence was true or
false i• It appeared in evideuce, that the distance of
Anegarla from Sombrerowae seven or eight leagues;
yet that was the island which Admiral Cochrane
hid represented as so near and convenient. The
man, it was acknowledged, had been punished for
the offence before. On beingrinestioued as to the
grounds upon which lie concluded that he was safe,
the witness had stated that lie had heard, from one
who hail heard hum another, that an account
api-
peerrtl an one of the American papers, swing, that
he was taken away by a vessel which touched at the
island. So that it was the hearsay of a hearsay ; and,
after all, the foundation was the stratemem of an
Attic' lean paper. He owned that he liad told
Captain Lake, that Jeffrey was • man of very
had diameter, and ought to be got out of the
ship. He did not think that Sombrero was a diesolate
island, tier did he think the Captain thought* so
when they landed Jeffrey. On going there again
they feu i her houses, nor fresh water, nor any
marks ior lie proceeded next to Mr. J.
Elvy's examination, who stated. shut he sew Jeffrey
go into the boat; he believed his offence was breach-
iog a cask of spruce-beer ; a patch was affixed • to
his coat with the word thief." He did not know
at the time whether the island was inhabited or ton,
lost considered it a cruel act. No ship or boat wa.
in right at the nine when Jeffrey was put on shore.
He proceeded to the evidence of Francisco Vela,
one of the seamen who had twirled Jeffrey on the
Wend. He had stated, that when the unfortunate
man was landed; Lieutenant Mould, and others of
the boat's crew, climbed the rocks to see whether
it was inhabited, and on %boar return said that it
was nut. The next evidence to which he called
their attention, was that of James Hobson, who
had said that his understood the man was landed
fur having a Men spruce-beer. Ile owned that he
had marked him down in the ship's books as hav-
ing deserted ; it wits of his own accord he did so ;
and, about six weeks before the trial, C ed. Lake
hail siid, that he should have marked him as dis-
cliaiged at Sombrero. He thought the island was
inhabited at the time by French fishermen. He
ha.: heard Captain Lake, at a subsequent period.
after hearing thut it was not inhalant& declare.
that lie,would rather have given twenty thousand
pounds thus that it should have happened. With
respect to the fate of Jeffrey, he had heard from
Mr. Wilidsor. who hail heard from Capt. Crofton.
that he had seen an account of his escape in an
American paper. sod attempted in vain to procure
a copy of it for Captain Lake. Returning again to
the evidence of Mr. Spencer, he quoted that part
in which he tonfessed that he had often complithied
to Captain Lake of Jeffrey, and observed. that it
would be well to get him out of the ship; train thin
advice, coupled with the act of that trafortuerate
is tii's exposure, lie inferred that there was • con-
spiracy bowers Spencer and Captain Lake against
hum, and contended that it would have beers better.
it would have been snore merciful, if they had
thrown bun into die sea. 'Thomas Jenkins, John
Pearson. and Joseph Mott, concurred in saying.
that the people seemed all to monde, the

bland es tonsil/lite& sad agreed, that it was
an act- of great cruelty and injustice. It was
impossible, he (Sir F. Burdett) couteoded, that
soy oat would think the island was inhabited:; sad
quoted, in support of hie assertion, Brooket mid
other gazetteers, all of whom described it as barren
nod dcrolate. It appeartd in evidence, that the
crew murmured at his' treatment; every nice who
had given au opinion. upon the act, had stigamizod
it as cruel. If Capt. Lake was sincere when be
said, that he would tOlif twenty thousaild pounds
rather than have exposed the man, he should, at
least, have spent a part of it in forwarding ice-
' quirks iu America respecting his fate. It bad
been said, that Copt. Lake was not sober, but no
state of mind could excuse an act of such flagrant
cruelly. With respect to the defence made before
the Court-Martial, it was as tonsatisfactory as the
evidence was conclusive tawniest him. Captain
Lake mimed inclosed enough to oorutniiierate his
own situation, notwithstaadiug what he hied shewn
of his commiseration in the case of the unfortunate
Jeffrey. lie had compliance' of having never seen
his accuser before ; but that, so far from being an
objection, was a presumption that no malice could.
exist in the mind of the accuser. It was, therefore,
rather favourable than otherwise. lie had denied
the motives attributed to hits, declaring that he'
only meant to pet the man in jeopardy; he he.
tiered the island to have been inhabited at' he times
and was certain that he had not placed him beyond
the reach of humais assistance; the place of his
concealment, he owned, was not discovered, but
he had no ooliht that he had escaped. The word
concealment, he (Sir F. Harden) thought a strange
one. There was no reason for concealment on the
part of the injured. It was strange that such
an act should be punished only with admonition
stud dismissal front the service. All the world,
he believed, must agree, that he was guilty ;
seeing that there was uo evidence but such as
might be mid to have been climes, by the accuaed
himself, seeing the strength of that evidence, and
then comparing it with the v acne supposition of the
victim having escaped to America, he did not think
it was possible to came to a contrary concluaion.—
Ile felt himself in a painful situation ; for he could
not mention, with approbation, any of those con-
cerned in any way with the matter, whether as per-
petrators. as witnesses, or as investigators, of the
fact. The Court-Maitiel lead nut adopted that
strictness of scrutiny. which it was their ditty to
have 'mooted. they hail not pushed home mans
im-
portant questioni, essential to be answered. if the
body of Jaffrey had been fennel, the murder was
plain ; but, if not, die inference: was not so easy,
that the outrider was not committed. As to flub.
seen. who was also engaged me the shootitig.
party, the Court had urver asked him a eing:e
quest tttttt which went to corroborate or contra-
dict the testimony of Spencer. Their examiste.
ton seemed intended to palliate. rather than to
expose, the conduct upon which 0,, sit in ji:dg.
mem ; and seemed as ready as thi 'whites e' to
r.ittlt at the report of • report. in
those conseimetices twat fawn-- ..„,!1.,a the •••,1,.a.
But it was an act ale amidst, they • nor Adler
power could jn• ;it was cruel, ue.jast, and
It he was drunk, or mad, in the
coinrni.sese of it. which, for the honour of humiou
natore, he hoped he was not, still rhould it have ex-
eluded him for ever from the profession to which
he belonged. At least it should have prevented his
promotion to a more important command, in which
thelives of others were exposed to his cruelty oriels
madness. But intoxication could not well be pleaded;
he had hail time to reflect upon his conduct, the
sun lead gone down upon his wrath. but it had risen
with his wrath also. Whatever the offence of' which
the 0311111 so puuiahed was guilty, the idea or ga
hours exposure on A desert island, without food, or
water, or raiment, the horror that must attend on
such • situation. even fur such a space of time, was
surely an adequate, if not an overstremed visitr
teen. lie hoped, tier the safety of every man, seed
• fur the honour of the !louse, and of the country.
they would nor let this business end here without
further proceeding; from the great enormity of the
act, and under the little pruhabilny of escape,
though there might nut be ground for a pros -co.
lion for murder, there was. upon the whole of the
evidence, enough to call upon the Howe to ap-
point a Committee for the purpose of considering
what farther should he done upon so occasion so
extraordinary and aggravated. lie concluded with
nioving fur the appointment of u Cominittee.•

. ,
The Cn•actirt.tun of the Bun rierft:ll said, that
he did riot rise with any inclination to repress those
feeling., which the Hon. Baronet's speech ;mist
excite, hut he would ask whether any psactical ut silty
was likely tumult from the appointment of • Com-
mittee upon the sohjset ? He agreed in the propriety
of all those otiservat ions which went td reprobate the
crime, and thought it made but little difference,
whether the man was exposit, under • knowledge,
or only with a doubt, that the island was desert 1—
They had no reason, however, to infer the death of
the individual so exposed, the offence wee therefore
reduced to a inisdemeanoiv, en assault with intent
to commit murder. The Jury would proceed to
adjudge the punishment ; but it would he contrary
to all practice to proceed afterwards to the question
whether the Jury was right moot ? 4 Court-Martial
hal sat in this case and pronounced a sentence,
he believed the most severe in its power ; nor per-
haps would the House, on cousiderieg, regard the
punishment as very light, when they reflected to
what rank he had attained, met what prn.wcts hr
might have looked to at the time he was ilisusi.sed
the service. The Honourable Baronet had supposed
that Jeffrey might have lost his life ; undoubtedly
he might so, but there wits ito evidence that he hard.
The slate of the law was, that iii case of prosecu-
tion for murder, conviction could not take place
• ithout proof of the death of the individual; if
that was not proved, there was no grouted to sustain
the trial to try the present cote; therefore wanting
such proof, would only have the effect to secure
ucepattal—/Hear !) If at • future period the
body should be found, they might then proceed
to try Captain Luke for the otrei.ce, as he be-
lieved that the acquittal for um inferior enemy
could not prevent him from being arraigned
of the more important. The !louse should, there-
fore, consider maturity, before it dveided upon
any step isi a case so difficult. What theta could
he ;calved by the inquiry ? Lieutenant Mould was
furtii-couiin&,before, but the Court-Martial would

not exlintine him ; all Wetted state being /article
in their peisession ; he could not wore the death of
Jeffrey. The House should, at all times, he cau-
tions of diseliarging the functions of a Grand Jinv;
and he believed the proy r kir to adopt, atiokt
be to order • the Attorney-General to consider the
case,, and if he saw grounds to proorcute, to pro.
secute accordsugly. The appointment of a cont.
mama would again excite their feelings cod the
feelings of the public, without producing too
one effectual good. He believed that the 11;-
noulable Baronet, when he first took up ihe
business, war impressed with au idea that 0,
inquiry was made, and that nos trial hid take,'
place, but being now informed upon those he
he trusted he would see the propriety of utmo..
diming his motion. He did not rest moo
the affirmative evidence of the Ameriesis
per., at the seine time he thought it might sic.
count for Lord Cochrane's not taking the emitter
up inure warmly. As to the question of abuse to etre
management in the stores in the West lushes, Ind
other question* wl.ich might present themselves in
the Committee, he thought they should he stperstelv
considered. What he bad offered, he trusted, slth?
induce the non. Baronet to withdraw his mania..
He did not wish that the House should come to any
vote which would even admit the implication of he:
10$ inattentive to such a call; but if they sere
driven to a vote, he would oppose the appointukot
of a Committee.

MT. WHITIBRIZAD begged leave to say a fee
words. If he understood the motion of the uotiliy
Baronet, it was for referring the papers, lint the
bare case of Captain Lake, to a Committee. Mr.
Thomas's letter c plumed of peculation. ;be
wished to know whether the Admiralty had ordered
any inquiry in consequence ? he also *idled to
know whether any inquiry was instituted in the
case of Admiral Cochrane ? whose conduct ass, if
possible, more reprehensible than that of Cap.
taiii Lake ; for if lie, on being informed of the
act, contented himself with sending back those
who were parties to the offence, to seek fur the
man whom they had deserted, if, after this, he
permitted Captain Luke to be .promoted, it
was us necessary to investigate his conduct, as
that of the persm more immediately, though not
more culpably, implicated. Out of those pears,
there arose two eases, well meriting their senoras
consideration. The Right Honourable Gentle.
man hai expressed himself (he could scarcely
cull it a merit, it was as mar h of an universal feel-
ing), he had expressed himself iu that metier,
which all mankiird must have adopted, were they
ell to ;,rive an npill'loll 1111011 the trensaction alluded
to. lie (Mr. Whitbread) had not heard it broadly
stated, whether an offence tried by Court-martirl,
could be tried again by the Courts of this country?
.
lie was told that it timid not be pleaded in bar. rtt
hoped it was not so—it would be subversive of every
principle of justice. The sentence of C 01146111
Lake appeared to him to be too lenient; hut a
he heard that it was as severe as the Court-mari;
could inflict, he was obliged to be satisfied with
He lied heard of 1)13116111:11Clite us atrocious
their lenity, as the crime of...murder itself ;
when the tribnnal had done all it could, there
scarcely room for compLisning. If be was on
Orland Jury, to which this case was submitted,
would say, from a reiiew of all the cir

—" No true bill." There were some point wi
went to chew, that he might not hair had so int
stun to expose the malt upon is desert 14ssd;
searching the island, it appeared that they found
pair of trowsers, and the handle of a totnohasi
the trowsers were described by some,as of the sic
stuff with those which were worn in the ship :
other; as of it different kind ; the handle •as 64
nut to belong to a ship's hatchet. If he PI r.Whi
bread) was sure of this, lie would conclodi.,ll
there* ere others beside Jeffrey on the island. C,
the Ht. Hon. Gentleman say, that these sas
Dew evidence to be produced? I Hear !) The
Gentleman had endeavoured to wenn'.
conduct of Admiral Cochrane, by the report in
American newspapers, but that wean° ground of e
trumation. It was for them to consider, could I
thing else be done? might mint the Admiralty h
directed astricter seareh ? (Neer.) Might it not li
sent oat others, beside those who were collet"

landing • to inquire about him, and to r
port the result ? Sapposiog that the law w
as the Right Honourable Gent lemon hod 'Merl
and that the proper step to be adopted was to
der the Attorney-General to prosecute. to. °l'
more dreadful would it be, if he was fa;
guilty of murder, and the man afterwards to
alive ? A prosecution, therefore, by the Allot
Gen. without further courideratiosi or search. woo!
be premature; it would be better that iO,OOO Kul
mew should escape, than that one innocent per,
should *infer. If the remains of the mad wr
discovered, he would find a true bill' hut at pr
neat he would suLterat, that the House should.
dress the Kiog, praying that he aI dirrct
scorch to he intuit for the remains or
person left on the island of Sombrero.
If
remains were found, the (manse was 1,6111; '
were tort foUIPI. it would be • relief to Cs!
Lake, to his family. and to every person She to
his sniud to the contemplat ism of se liar:i3 an e
lie barely suggested this to the t, (why Bar,
as the hest expedient which the t.n.se %Dula a'
of. 11'stli respect to Jeffrey, and I.e. punish"
he (Mr. Whit bread) was told tlu

Erma awful impressions they had ever Ira. were
shich struck them on the fall of ii,4lit lit
what then must have been the sem...tams •1
unfortunate man. abiunlitived at mull au
without food or clothes, or the prop. el 01 Pr'
ing either.
Mr. STawntor said. that he had not had ti
read the papers upon the subject. hot haring
graphical knowloalgr of the place. I c ihoo;:
impossible that any men could laud a hum:tut
there. without !wing tenacious that hr w" ""
ting murder. ir he had been on • Grate!
111111 such a ease submit tett, hr roilhl have ne
tation to lied "a ti tie loll." Certainly the
eti l'
might materially alter his opinion wi to tl:e t
Captain lake.—lle should supirat ray r
for further investigation.
Lord Fotutr.ms preferred the 'nor,: ..•1
road by the lion. Gentlenim. to of 1,,' I
Fnend behind him ; he u trl.rd an hearti • •••'

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committee might agitate ; among them was the
tool what was become of' Jeffrey's property,
eqrs
and how it should be ilispo•ed of ?
Mr. LY 11'1J:1'0N sugg,sted that theyshould make
oni,luct to fistm.e a capital offence.
M. Came & defended the cooduct of the Ad-
Mr. SHERIDAN suid, he rose impressed with the
saulr feeliiigs which the worthy and respect:dile
Member behind I had so properly expressed. In
preferring the motion of the worthy Baronet to
t .at of his Hon. Friend, he was not afraid of being
suspected of a wish to screen, even the highest indi.
rib ih io the nation, from punishment, when
lity of any injustice or nuprerion towards the
bassi. The question turned upon this one fact,
dol Captain Like know st to be an uninhabited
jos,„! ? He WHO sorry to hear a Gentlemen upon
the opposite side, for whom lie entertained a very
I,io respect, (Mr. Stephen.) particularly from a
I,callection of his conduct upon late occasion, he
tvi, sorry to hew. him advance a principle cull pro-
p.imtion which, would go to justify Captain Lake,
however otheriviie intended. The Honourable
(lentleruan had stated, that if be. was a Grand
Juror, first premising that he had mot read
the evidence, barely front having seen the island,
he would find "a true bill." And if a Petty Ju-
ror, he would give a verdict of conviction.—What
wa. This but to say, that, acting from the impulse of
his feelings,aud without ally regard to the reason or
justice of the case, he would precipitate. himself bi-
te &conduct which no one could defend? Such was
the crime of Captain Lake, he had preferred feeling
to reason, and pashiou to equity. There was no-
thing in the evidence to prove that he had sent the
nasa out to death. If.he (Mr. Sheridan) believed
him capable of such conduct, his horror would
not be less thais that of any other man ; but,
from the evidence which he held in his hand,
owl from his general character, he thought it
was impossible. Neither did he think that ally
captain, however tyrannical, could get his officers
and ship's crew to land a fellow-creature on an um.
inhabited 'island. He. thought the Cominittei the
preferable way. There were various questi.ms for
ther consideration, among which Admiral Coch-
rane's conduct was cot the least. Ha concluded
with repressing a hope, that it wouhs appear that
Captain Lake was not guilty ; for his own sake, for
the sake of sin afflicted family, and of the navy.

Mr. Smelts,. explained.
Admiral HAILYZY knew the island of Sombrero.
which abounded io rocks, amass the elites of which
plenty of fresh water was to be resod. This; with
the birds eggs, also abundant on the island, was
atifficieut to sustain the life of man for a length of
time.

Captain lismesroan was also well acquainted
with Sombrero, from having been three years off
its coast, and seven on that statiou. In. stat-
ing what he knew of it, be had no view or
vindicating Captain Lake, at whose offence no
man felt more indignant than he (lid. It was in
the general track of the fishing vessels, and so
cinch frequented by fishermen, that he was pretty
sure no man left ou it at night could wave his hat
at handkerchief in the maraiug, tritium( procuring
assistance. Under these circumstances, he thought
ft most probable that Jeffrey was now safe is
America.

Sir J. SIBIUGUT had heard a report, to which
he did not give credit, but thought it lair to state
it to the House, in 'order to afford an oppottrnity
for its being distinctly contradicted.—He had heard
that, after the report of Admiral Cochrane in this
caw had been rectivtd at the Admiralty, Captain
Lake had been appointed to kship.

Sir R. BICKERTON gave this a positive denial.
144 answer to ali.4t had been mid respecting the
man's property, it was impossible, from the rules 6f
the navy, that any man could be cheated of what
belonged to him. He also defended Admiral Cosh.
canes condole', which proceeded on the auppositiou
that Mirey lied got safe to America, as he was in-
formed.

Mr. IL Waan spoke highly in praise of Admi-•
nil Cochrane who was one of, the most excellent
officers in the British service. The Admiralty at
home were satisfied with his conduct, after the ex-
planation they had received ; and, he thought, there
"ass no occasion for further inquiry into it.
The ATTOIIIICY-CENEIIAL. when this qoestioo
was originally agitated, thought further inquiry ne-
cessary. He could not agree with the Learned
Geotleniati, (Mr. Stephen,) that the re would be
sufficient grounds for a verdict of murder against
Captain Lake. On the contrary, from the state-
meat of the gallant Officer, (Capt. Beresford,) the
aggravation of his offence was much diminished. He
could not think Captain Lake even liable to be
tried fur murder, as there was neither proof of the
design uu his part, nor of the murder itself actu-
ally being the consequence, both of which were
necessary in such cases. He then entered into a
defence of Admiral Cochrane 's conduct, and could
see no ground for inquiry into it.
Mr.Cu OWEN thought, that, fur the honour and
dignity of the House, further inquiry was street:-
. iry, and that evert/ kind of evidence should be
hrought fully before them. He preferred an ad.
dee.. to the appointment of a Committer, and gave
::‘,l F. Burdett ce..dit for havitee firought the matter
tu"-inh Hr hoped that the firmer mode would
nuaiiimously adopted ; and no division would
tale pldre, where the House felt no difference of
opinion upou the beets themselves.
lord Cocgaame spoke in so inaudible a voice
that we could only collect from hito, that Admiral
Cochrane, from the inconvenience attending the
.‘weitibling of Courts-Martial on foreign stations,
kid thought it more expedient to remove Captain
like from his ship, and send him home to be tried.
14oilibiern he understood to be a bold rock, where,
li,ever, no man need die fur want of food, such
o might %usual'. Oattire. He did not mean, iu say-
:u4 this, to defend th• cruel and berharoos action
Csiitaire hike. Ile was sure Admiral Cochrane
lie able to clear himself of every imputation,
• cer allowed an opportunity. Things were
• 1.1503 deal exageereted in this matter; which,
lie did not think a Courts Martial
comer-
r•,.: to prink!, adequately, owing to the insuffi-
,,f the cu.le of Naval Laws.
Ali. CANNING chimed, that the question now
• x..l.itrie to the modes of proceeding. He• was
NU,lre thaa, in 6;ader.ll it was improper for the House
interfere, afier a decision had been given by a

competent Court ; but in this instanee the whole
Matter lied not been before the Court, end they
were unacquainted with the unaseertained fee. of '
the life or death of the individual: He preferred
an Address to a Committees as he could not see
whet the letter could do but tioine to that conclu-
moo at last, which the ( louse might as well do et lirit I
of their own accord. After what they had heard, no
man eould leave the House with his mind per-
fectly made up, either as to the risk run by Jeffrey,
co the knowledge Captain Lake possessed retative
to the situation of the island. Among the variety
'of conjectures on these points, the proper course
appeared to him to be to ascertain, as early as pos-
sible, the true tame of the fact to which these pro-
babilities were directed.' If Jeffrey was saved, then
he conceived no further proceeding was tiects.ar).;
and it was no small matter, that their discicts'oits
evinced the opinion of the House of Commons, on
the morel profligacy of the act. • If, oo the other
hand, Jeffrey was dead, then it would he to be la-
mented, it' no fur; her steps were taken for the sake
of justice. On dime grounds .he recominended the
Address, and hoped there would he no division oc-
casioned by pressing the original motion.
Sir F. Buaverr was ready to adopt any mode
that would proruote the object they all had in
view; but, before sitting down, he aitthed to slier
a few olowreation• on some points which hail fallen
from Hen. Gentlemen on this occasion. In the
opinion id' the ehip's crew, Jeffrey weskit to worse
and die on the island, and they did not, is au Hon.
Gentleman supposed, think that he was merely pot
on shore where there was no risk. With reger.l to
the man's property, it was certainly illegally taco
by Captain Lake, and if they could not prosecute
him for the murder, he hoped they would punish
hOn iii another way, by bringing an action for the
clothes, as was often done in eases of child-nealing,
where the greeter offence escaped putiishment.--
It was a most atrocious act to leave a man at at! in
a foreign country, and the honour of the King was
implicated in protecting the lives of his subjects.—
But to leave a British subject in a desert was dill
more heinous, and he trusted the perpetrator of
the crime would be punished, somehow or other,
toe greater degree than the sentence of the Court
Morital. Much had been said, and many doubts
thrown out, as to the possibility of trying a men by
the law of the land, after having been tried by
martial law. He was of opinion, that i man rught
be tried twice he this way, otherwise be might.
for an offence against the law, be rescued from the
law by a military court. He concluded by with.
drawing his motion.- • .
Mr. WRITSCCAD expressed himself shocketl at
the .doctriuis laid down by an Hon. Gentleman
(Mr. Siepheit); and hoped, if ever he Caine to be
tried, that Hon. Gentleman would not sit among
his Jury. He then moved, a That so humble Ad-
dress lee presented to His Majesty, praying; slat
His Majesty would give immediate direction that a
most minute and diligent search should be asede.in
thia transaction, which was contrary 10 every mitt-
ciple of duty, and a gross violation of rimy dictate
of humanity ; and that two special Cotninissioners
should he appointed for the said purpose, and to
report thereon,' &c.
Mr. STEPIISN again explained, and was equally
shocked with the Hou. Gentleman, that, after his
'Tomer eifilanation,- any Member should speak of
him its such harsh terms. But even where they were '
all agreed, the Hon. Gentlemen could not do so
much rioleuce to his disposition as to refrain front
attacking and wounding those who, on polo]:
eel matters.differrd from him in oitioion. He was
ready to maintain the principle he had laid down as a
lawyer and a man; and he did not conceive that he
was more destitute of humanity than the Hon. (lent.
or inure likely to give a hat eh verdict. He was not
so ignorant as not to know that the murder must
he proved, list this was not always dune by direct
evidence; it was often proved by strong circonestan-
tial evidencee. Far instance, if an officer threw a
man overboard lashed to a ben-coop, though there
was so evidence of big death, yet it would be presum-
ed bye Jury, unison the negative was proved on the
other side, notwithstanding the possihility of the
man's being picked up. It was the same he main-
tained in the present case. The Hon. and Learned
Gent. then entered into a justification of his de-
scription of Sombrero, and imputed the shock in
the mild and benignant nsiml of Mr. Whitbread,
to his roinloubting the veracity of the statement
he had made. In his own little circle, he would
say, he was thought as well entitled to credit as the
Hon. Gentleman. The Island has the appearance
he described, and though it might be rocky in the
centre, and even elevated to the height of 40 feet
above the level water, a high surf on its windy shore
would make it fully answerable to his description,
without contradiction to the statement of the lion.
and Gallant Officers above him (Admiral Harvey
and Captain Beresfordt. He had seen it when
driven out of the tract between Tortola and St.
Kitt's, and stated several circumstances which then
occurred, and fixed the matter on his recollection.
Under these circumstances, it would have required
little casolour in the Hon. Gentleman to abstain
from so much harshness, had lie not been *0 really
to tear in pieces every iiiie who, either mainly or COL
laterally, differed from him in opinion.
Mr. WHITMAD, iu reply, said, he made no
attack on the lion. and Lemited Gentleman's vera-
city. That MM. Gentleman, who felt so sore for
himself, was not, however, so careful of abstaining
from attacking the veracity of others. He had at-
tacked that of time Hou. Officers.—(Cries of Pio!
no ! Spoke ! poke !)
Sir C. HAMILTON folly corroborated what had
fallen from Mr. Stephen. The island had the ap-
pearance stated by him when seen front II distance,
though it was 40 feet above the level of the water
in the interior, and completely answered the de-
scription of the lion. Officers, who were more near-
ly acquainted with its real situatioo. There were
plenty of shell-fish, birds, stud eggs, on which a
man might live a long time. He did not say this
to exculpate Captain Lake, of whose conduct every
officer in the service must he ashamed.
The CuAricso.t.oß of the EILANEOUNII did not
suppose that two Colonaimioners were necessary to
be sent over to the West Indies, to walk over an
island a mile and • half in circumference, and only
half a mile long ; he there fore esti-chat to that part
1 of tke address, and thought the Adaunilty sufficient
fur the inquiry.
Sir J. Suit:wit %lid, he had good reason to sop-

pose the newspaper itecastots were authentic, se
there were letters; to taws Rai fifew:Viiik. by the
last packet, stating that Jeffry. was safe in that nit?.
Ile wss, therefore, tbe usuriliadi to support the
amearl meta.

Sir C. Port thought 'further inquiry was requi-
site, fur the honour of the siterfaudthe coutstry.—
It was out the practice or the fumy to put bleu on
shore; and he begged to state this, lest sfeeh a re-
port should zo abroad. from what had fallen from
'tight Hod: Gent. (Mr. Mheridert.) fie snicgested
that our Minister, is Ameries, ought to toquife
about Jeffrey in that couutry, where he had no
doubt he was. '

Mr. SHERIDAN prifessed his high regard and
anxioua solicitude fur the•hotioneof the navy. He
had said nothing approaching to what the Hon.
Admiral imagined—doPy. that' be was afraid the
sating refractory 'persons •on shore in habitable
play es. was not without precedent. ". • • • •
Mr. S. BOURNS supported the amendment.
Mr. WHITBREAD was averse to-it, at .solemnity
was required, and it was not so much the retent of
the island. as the enormity of the offence they had
to consider. Officers might be going out to the
West Indies, and, therefore, no new appointment
might he necessary. He repeated his insurance to Mr.
Stephen; but would be glad to know• what right
that Hon. Gentleman had to his political forbear-
ance, who wits not very sparing of him eV his friends?
He did not impeach his veracity, and if any thing
tom him to piecei, it would be hiwown
The idea that struck hint was, that the Learn-
ed (;entlernan, being unlearned in naval matters,
had mistaken one island for another. The jinn.
Gentleman told them he had not read the eviAnsce;
and it was thus in sp-aking on a subject with which
he was unacquainted, that he fell into mistakes,
which, being noticed, ruffled his temper. He hoped.
for the sake of unanimity. the Amendment would
not be premed.
Mr. WiLitearoaca defended Mr. Stephen. He
bad declared he had not read the evidence, and bad
not spoken upon it, but merely as to one point, the
state of the island, fronstisown observation.

Mr. WHITIIIIIZAD then propnseA a second Ad-
dress, instead of the first, praying His Majesty to
direct diligent sod minute inquiry, is the navy,
• foreign states, &c. which, after a few woods from
Mr. Croker, Mr. Ryder, Mr. Dundee, Captain
Parker, Colonel Berry, Admiral Harvey, Sir C.
Pule, and others, was carried, stemnie contradi-
effete.

• Mr. Weinmati, thinking it *mild be fee the
honour of Admiral Cochrane to have the matter
affecting him brought to a
.poiat, moved.for a third
Address, praying His Majesty to direct anlnquiry
into his conduct, in the affair of Copts in Lake.
The CHANCELLOR OfPle EICIIROH aa said, this
would be carrying their feeling to • most extrava-
gant pitch.
Admiral HARVEY Stated the great inconve-
nience that would arise from instituting an inquiry
into the conduct of a Conimander-tu-Chief on •
foreign station, which would bring every Captain
home, to the great injury of the service. This,
too, when the utmost charge that could be made,
was, for bring nubs,: too lenient, he was sure, could
not he pressed upon the House.
Mr. WHITIIIILAD Would withdraw this motion,
• ow *a rodaretandieg ;het the altdinirsity isoeld
• make sufficient inquiry to satisfy the House sod
the eountry.

Mir. R. WARD aid, the Admiralty had olgained
explanations trots Si► Alex. Cochran., 11114 were al-
ready satisfied that there was no occapion for further
inquiry, with the view of censuring him.
Lord Cocnitang, in ■ low %%lice, defended the
conduct of Sir A. Cochrane, who bad 'lour all that
could be Josic, short of a Court-Martial He hid
removed Captain Lake from hi, ship, and seat him
home to he tried. He was, however, promoted at
home.

Sir C. Pout spoke to the same effect.
Mr. CROXER raid. that the first tafarmation hid
by the Admiralty. of the transrction of Capt. Lake,
was from the letter of Mr. Tuatara. From the
moment they received it, they had proceeded. dey
after day, in the iuquary. till they brought the
matter before a Court-Martial.

Mr. W. POLI was Secretary to the Admiralty at
the time. Sir Alexander Cochrane did not send
Captain Lake home dismissed from his ship. He
returned in ill health ; and while at home was so
strongly recommended, that, on his going out
again to the West Indies. he was promoted, at the
recommendation of the Admiralty. This was lung
before they knew any thing at all of what had oc-
curred in the West Indies. Sir Alex. Cochrane
was one of the most distinguished ',dicers in the
set. cr, for humanity, as well is for zeal, activity
and courage. It was perhaps an overstrained hu-
manity, and not a want of officers to form a Court-
Martial (which he would have stated as the cause
in his letter, had it been so,) that he did not bring
Captain Lake to a trial iu the West Indies. Ile
Lad thought the matter nut so bad as it now ap-
peared in this country, and, considering the youth
of the offender, and his family's situation, had
acted mounts I with mistaken lenity. He
warned the house iwainst proceeding against offi.
errs of high rank, when pm improper motives could
possiblv he attributed to them. By so doing they
would create • disgust in the service. Further
explanation might, however, now be necessary, and
he would vote for it, if there was any occasion. He
felt acutely on this occasion. now long habits of
friendship with the family of Lord Lake ; and the
thought of this subject never crossed his mind,
without a pang for their sufferi•:gs, aggraysted from
the death of their illustrious father, by the disgrace
brought on them by this unhappy youth. But it
was necessary to speak nut on these occasions to
*heir the country that Parliament were determined
to protect the meanest aunt who served his country.

Mr. W NIBTIIEAD withdrew his motion, and sub-
stituted in its stead, another, for the production of
the Correspondence between the Lords of the Ad-
miralty and Sir Alexander Cochrane, on tbis sub-
ject.
Capt. 13saasannn bore ample testimony to the
gallantry and purity of Admiral Cochrane.
Mr. Cools& 'aid, the Admiralty were already
astittfied, and could not call again. There could
be no oppootiou to thex peprrt being produced.
Mr. W. PoLr, Lord COCHRANE, and Mr. K.
WARD, severally explained.
Lord Cut wished to be informed whether

the commission Was aide out West Cs id
Lake returned to the Woof Indies ? •
Mr. W. Pour rigs not Certain. bat he belie*
he was appoilit.d by the Admiral on the stationt...
Ada-Anil bIARTir said. the nation, the mime.
and the public, called for an inveitigatian into
this moat mrtraordinaty Waitress; one question;
which had not been answered, was. 'theater the
Lords of the Admiralty were or were not is pones;
sion of the circurnatairel of Jeffrey having lf►en
put on shore. at the time that Copt. Lake tree ied
preferment ? He war fully of opinion, that the
Home might as well come to a tote at that time
as any aubseci trent one.
Mr. W. Puts, in explanation, said, that Captain
Lake was $t out to join the sloop Recruit, after
which a commission was sent to Make him post;
but the Admiralty were in perfect ignorance of the
subject that produced the present motion.
After a few words from Lord Cochrane, Aardiral
Martin, Captain Parker. and Admiral Harvey;
die Address was agreed to; without a dissentmg
voice.