The Sun.
London, England, 1809-08-01 00:00:00

NAVAL NEWS.

PoRTSMOUTH,_ Jo LY 3 i.—The Hawke, Captain
BOUCHIER, with a convoy for the coast of Africa ;
the Eyderen, Captain PENGELLY, with # convoy for
the Mediterranean; and-the Jaspei-, Captain DA-
NIEL, with a convoy for Oporto and Lisbon, remain
.at.Spithead. - .

Arrived this, day his Majesty's ship Nymph, from

Portugal.
~

Sailed this afternoon his Majesty's ships Ant and
Dexterous, with the undermentioned ships :

The Favourite, - ; Aquilon, Thomas_; John, -;
Lord Huwick, Anderson ; Noah, Bowman ; Elizabeth,
----.; Unity, Gardiner ;. Charlotte, Watson ; Gulphino,
Pinto; Progtess, Barker; Plicenix, Tomlinson ; and A ta.
anta, Marshall, for the Downs, last from Oporto.

PLYMOUTH, JULY 30. -- Arrived his-Majesty's
schooner" • Whiting, from Torbay, and the French
schooner La Balance, from Guadaloupe, laden with
coffee and sugar, bound to any port in Fiance, (forty
days passage,) captured by his Majesty's -ship Eme-
rald.

CORK, JULY 2G.—A fleet of transports from
Lisbon, bound to this port; was spoken Vith yes-
terday off the coast by a Pilot 'Honker. It will pro-
bably reach the harbour this day.
Captain Moßais,,late of the Espiegle, has been ap-
pointed to the Jalouse sloop of war. •
The Fortunie frigate, which arrived in this bar
bour a few days back, had been ordered by telegra-
phic signal to join .the'Expedition.-=These instrue-
;ions were, however, countermanded, and she was
diredled to receive on board the crew of the 'limier-
ilarn stare-ship, and swine stores, 'and proceed for
this port as expeditiously as
,possible. The orders
were all communicated by, signal. „

STATE PAPERS.

GREAT BRITAIN AND AMERICA.

MR. CANNING TO Mlt. PINCKNEY.

Foreign Office, April 30, iSog;

SlR,—When I had the honour totrainnnt to fou,
on the 24th of December last, the Orders in Coun-
cil passed on the 21st of that month, I referred^ to
that passage of my Official Note of the 23d of Sep-
tember, 1808, in. which I stated to you, that " it
is not improbable indeed that some alterations may
be made in the Orders in Council, as they. are at
present framed—alterations calculated not to abate,
their spirit or imp& their principle, but to adapt
them more exaaly to the different state of things
which has fortunately grown up in Europe, and to
combine all practicable relief to neutrals with a more
severe pressure upon the enemy ;" and I at the same
time explained to you the grounds on which the de-
sign of the larger alterations which had been in con-
templation/in, September was for the time laid aside.
By the Order of Council, which I have now the ho-
.nour to inclose to you, that desigc, as ewlained in
my Official Note of September 23d, is fully buried
into execution.--I have the honour to be, with the
highest consideration, Sir, your most obedient ht:un-
hle Servant,

(Signed)

GEORGE CANNING.

William Pinckney, Esq. &c. &c. &c.
(Here follows the British Order of the 26th of April.)

MR. ERSKINE TO MR. SMITH.

Washington, jure is, 1809.

Su ---I have the honour to inclose the copy of an
Order of his Majesty in Council, issued on the 26th
of April last. '
In consequence of official communications sent to
me from his Majesty's Government, since the adop-
tion of. that measure, I urn enabled to assure you,
that it has no connection whatever with the over-
tures which I hare been authorised to make to the
Governtnetit of the United States, and that I am_
persuaded that the terms of the agreement so,happily
concluded by the recent negociation, will be strictly
fulfilled on the part of his Majesty.
The internal evidence of the Order itself wotild
fully justify the foregoing construction ; and more-
over it will not have escaped :your notice, that the
repeal has not thereby been made. of the Order of the
7th of January, 1807, which, according to the en-
gagement I have entered into, on the part of his Ma-
jesty, is to be abrogated with the other -Orders, in
consequence of the adjustment of differences between
the two countries, and the confidence entertained
of a further conciliatoiy understanding.--I, have the
honour. to be, with the highest respect and corwi-
deration; Sir, your most obedient humble servant,
(Signed) D.. M. EliSicINE.
The-Hon. Robt. Smith, &c. &c. &c. • •

MR. SMITH TO MR. ERSKINE.

Department of State, lune 10, 1809.

have the honour to acknowledge the re-
ceipt of your Note of this day, communicating the
Orders in Council, issued by his Britannic Majesty
OD the 26th April last.

However well persuaded the President may, at
all times, have been that the arrangement, so hap-
pily effe6ted by the late negociation, would be saltily
fulfilled on the part of his Britannic Majesty, he has,
nevertheless, received with satisfaetion your renewed
assuance to that effect, with the further assurance,
founded on official communications to you from
your Government since the adoption of the Order
in Council of the 26th of April, that that Order
was not intended to have any connection whatever
with the overtures which you have been authorised
to make to the Government of the United States.—
' have the honour to be, with the highest respect,
your most obedient servant. '
(Signed)
lion. David M. Erskine, &c. &c. &c.

R. SMITH.

Fresh accounts have been received from the Done•.
gal, on board of which is LOrd WELLESLEY and the
suite of theembassy to Spain. On the 26th.ult, in
30.. W. long. and 49.'N. lat. about Go miles south
of Scilly, all well. The Donegal had taken th.ree
prizes, by which this intelligence has been receiv-.:A.

TRIAL OF LORD GAMBIER.

FIFTH DAY.

Gladiator, Monday, 'lull 3t.

The Court having assembled at nine o'clock; the
PRESIDENT called upon Lord GAMBIER to proceed
in his defence.

The President then observed, that if there were
any witnesses present, it was the pleasure of the
Court thif they should -vvitlidraisi.

Lord Cochrane immediately came forward, and
submitted to the Court, that, according to the esta-
blished custom of Courts Martial, it was not usual to
exclude witnesses during the reading of the defence.
The PRESIDENT." My Lord Cochrane, it is the
wish of the Court, in the present instance, that the
witnesses Should be excluded."

Lord COCHRANE..—" I beg to observe, that tin
the case of Admiral Harveh which. is exatily-in
point, the- witnesses were allowed to remain in Court
during the reading; of the defence.' 1 submit .there-
fore that, without any irreguiarity, the witnesses
may remain in Court
PRESIDENT." My Lord Cochrane, the
Court ha'Ve'deliberated upon the subjet, and have
resolved., that-the .witnesses, shall not be present ;
your Lordship will ,therefore .have the goodness to
• •

Lord. Cochrane then retired, and the President in-
' timated to Lord Gambier, that his Lordship was at
liberty either to read his defence himself, or appoint
any person he pleased for that purpose.
Lord GAmBIER.--" am exceedingly obliged to
the Court for their indulgence. Mr. Greetham has
been ao kind as to say he would read it for me."
The PRESIDENT:---" Certainly; or any one your
s Lordship plemes.-
The JUDGE ADVOCATE then read for him, as fol.
lbws •

-1
Mr. PRESIDENT.--I thank you, Sir, and the rest of
the Members of this 'Honourable Court, for having
complied with my request, that a short interval
might be allowed me before I entered on my de-
fence. I have also to express 'my satisfaction,
that the whole of my condutt and proceedings in
Basque Roads, is now under your consideration in
consequenceof my having applied for this Court Mar-,
tial. The necessity of this ain't be evident; either I
had to adopt this measure, or by a tacit acquiesCence in
the insinuations thrown out against me by Lord Cody-
ran; have compromised not only my own honor, but
also that of the brave officers and men under my
command. The proceedings of the Court, will shew,
whether any miscobduct has existed in the exech-
tion of the service under consideration: it any has
existed, of which I am perfedly unconscious, it-is-
right that the nation should know it; not as resting
on the unsupport&i opinion of ,an individual, bat:-
on the unprejudiced judgment of this tribunal. I
was prepared, when I first came before you, with
what appeared to me a complete justification of my
conduct and proceedings a's Commander in Chief
of the Channel Fleet, employed in Basque Roads,
between the 17th of March and the ,29tti 'of
April last, to which your inquiry is die' led but
I could not be aware of the oral testimony that
was to be brought forward in support of . the
charge which their Lordships have, at the instance
of Lord Cochrane, been induced to make against
me ; namely, that on the 12th of April, the ene-
my's ships being then on shore; and the signal-having
been made that they could be destroyed, I did for a
considerable time negled or, delay taking etfeetual
meastires, for destroying them. I was ready to ad-
mit, that, froth.. the tithe 'of my observing. on the
morning of- the 12th, the situation of the enemy,
communicated to me also by signal from the Impe-
rieuse, some, time did el,fpse, before the enemy's
ships were attacked ; but I was prepared to prove
most incontrovertibly, that no neglect or unnecessa-
ry delay took' place in •erfedinv the destrudion Of -
those ships ; and I have now thesatisfaaion to firid,•
that out of all the Offit:ers of the fleet ..vho are
summoned on this trial, the charge rests on

unsupported, and I may say already refuted, tes-
timony of the Captain of the Imperiense. I be-
lieve there is not a precedent td be found in the
naval annals of Great Britain, of an Officer of
the_ rank I have the honour to hold,-commrineling a
fleet which has performed so important a, service as
that accomplished under my direCtion—approved as
that set vice has been by the Board of Adtniralty, and
cobsidered by his Majesty's Government as even de-
serving.the thanks of both Houses of Parliament;
bei :g obliged, , from a sense of what is due to his
own character and honoW., as well as to the pro-
fession to which he belongs, to appeal to a naval:,
tribunal, against the • loose and indirect accusationt
of .an Officer so much his'inferior in rank. I am,
warranted in saying, that the execution of this ser-
vice was approved by the Board of Admiralty ;
because, in a letter from-their Lordships' Secretary,
dated April 22, acknowledging the receipt of ,my
public dispatcheS on the occasion ; he says, he is
commanded by their Lordships to congratulate me,
on the brilliant success of the force under my com-
mand, in the attack of the enemy's ships' in the Isle
d'Aik Roads, by four yessels, and subsequently by
detachments from my fleet, which terminated in the
'captitre and destruCtion of four of the enemy's ships;
and to signify their Lordship's directions to nie, to
express their approbation of the great exertions of
Rear-Admiral Stopford, Sir Harry Neale, and the
several other Officers mentioned by me, as having
been most actively employed, and having particu-
larly distinguished themselves upon this important
service. Lord Cochrarie, however, warned the No-
ble Lord at the head of the Admiralty, that if this
measure were attempted, he should, if standing
albite, oppose it so tar as regarded the Commander
in Chief ; thus, without specifically objecting to the
thanki being given ,for the service performed, di-
reOting. his hostil►ty personally at rne, and making his
attack 'as publicly, though not so fairly, as if he had
at once exhibited formal charges. •
Lord Cochrane, as a Member of Parliament, may
most assuredly support or -oppose public 'measures,
,as he shall think proper. In the present proceed-
ings, however, •he stands in tfte situation only of an
:Officer serving Under my command, as appears by
the following letter to me from the First Lord of
the Admiralty :•-•

"Admiralty, May 2q, 1809.

"MY LORD—Having in conversation inforthed
Captain Lord Cochrane, that it was the intention o:
his Majesty's Government to move the thaniis ut
both.livaies of Parliament to your Lordship, and

to the Officers, seamen,. and marines serving under'
your command in Basque Rods, Lord Cochtai,e de-
clared to me,, that in the event of such a measure be-
ing proposed in 'Parliam,.nt, he, shou d fed
bound, by his public duty, to object to the thanks, as
far as they should apply. to the Commander in Chief.
Under these circumstances, it has been deemed ex-
pedient to suspend the motion for the Vote of
Thanks, and call upon Lord Cochrane to state the
ground on which he has intimated to the First' Lord
of the Admiralty his intention to oppose the Vote of
Thanks, as far as respe&s your Lordship, that the
Board of Admiralty may thereby be enabled to
judge how for the grounds to be stated by Lord
Cochrane may be of a nature to suspend the mo-
tion in Parliament, or to call for arty further investi-
gation by the Board, or in any other, way. I have
felt it due to your Lordship to give you the earliest
,information of this state of things, and to acquaint
you that a letter will this day be written to Captain
Lord Cochrane, in conformity to. the above re,olu,
tion of the Board of Admiralty, a copy of which, to-
gether with the answer of Lord Cochrane,- will be
without delay communicated to your Lordship.
I have, &c. (Signed) gf-MULGRAVE."

Whether Lord Cochrane suppased lie might with
impunity endeavour to lower me in the. opinion of
my country and my Sovereign, signal marks of
whose favour -had at this instant been exclusively
conferred upon himself ;—whether his, Lordship
thought 'he could exalt his own reputation at the
expence of aline—and whether be expetted that his
threat would:intimidate me to silence, I know not.
But if these. were his ideas, I assure ' myself the
result will prove to him that -they. were founded in.
error—for L will never permit any man to proceed
as Lord Ctiehrane has done, without availing myself
of the means which the laws of my country atferd,
to shew the fuility and injustice of such' an attack.
By the letter of the Se'cretaiy of the Admitaity to
Lord Cochrane, alter making his undefined accusa-
tion againsi his Admiral, he excises himself 'tom.
explanation by a general reference to the log and
sign.tl books of the fleet, without knowing, it I
may judge from the iiiiperfed state of hts oNu I.)g,
what that general reference. might produce.—
Therefore, because he does not accord with me
in opinion, Lord COchrane, whese extent
~of re-
spOnsibility has perhaps never exceeded the charge
of a single ship, and to whom in judgment' I will
not reduce my experience to a 'compai ',awl, be-
comes my accuser;' whilst from my situation, I
am responsible for every•,act of my fleet, and
for the tate , of every ship composing it. I ant
so colifide,t, and I 'hope it is already evident to the
Com t, that Lord Cochrane has no cause whatever tor
accusing tne of any dereliction of dui , that it +night
• ahnost be supposed sorn,,,bing had occurred in my
'persou.il Condud. towards his Ludship hich had
afforded 11,in grounds of dissatisfaction. The contrary,
however; is the tad. More liberality could ,not have
been shewn than Lord Cochran, received at my
hands ; and although a considerable degree of dis. •
appointment was manifested throughout, the fleet on.
his arrival to condut.*:be ..ery ice to be performed by •
fire vessels, yet evety Othcer iu the fleet-rendered
him the Most steady assis,ance,_ not only in valuable
suggestions,' the entire credit of w hich seems to have
been assumed by his Lordship,: but. by every. .ot her
..meAtis--that zeal and courage 'could .Ifford,.- Lord
Cochrane, on presenting himself to me attar Lt.
tion, was general 'in complaint of. the Officers wit°
Commanded the other s, ips engaged at the same tints
with himself,' in the attack of the enemy but
•
mg equal means with his Lordship of judging of the
conduct of those Officers, I do aver that it a. as
highly rvieritoriou.•. At the time Lord Coch-
rane made this g,-neral complaint, I had not
Ithe smallest suspicion that there existed in his mind
.those sentiments of disapprobation of my conduct,'
which by his proceedings' since his return home,: I
amah suppose he then entertained. It would,fin such
1.-ease, have been liberal, and, l think, also his duty, ,
ilfohave madea communication to me to that eifeCL.
I should then have been 'enabled to have guarded to,
.some measure against his attack upon my character,
i on his arrival in 4ngland. I scarcely need observe
in this Court, that however highly courage iS
to be valued in an Officer, it is always incomplete
its consequences, without the' equal exercise of judge
ment and discretion ; it being the thity of a Cond.
mander not only to destroy his enemy, but to accony.
plish -that destrudion with the least possible loss on
his part ; 'and, Isubmit l 0 the Court, whether there
ever was a service, - which, under all circumstances,
more required the exercise of, those qualities this!
the one in question. The affect t plodueed exceeded
my most sanguine expeclations; and, I believe, the
expectations of the whole fleet. The points under the
0\1;4 dt
he
er ar t
thei n ol
at
pt
shee
ofC Court
ea p
betweenp e a r , fo bteh teh
de fsocl
01 ov
ewr iyn gu:
the morning ot the enemy's ships being on shore, and
the attack,was not, under all circumstances, absolute-•
ly necessary for the advantageous accomplishment
of the intended service ;—whether it was not my'
duty as a Commander in Chief, to be governed by
a general view of the whole of these circumstances,
rather than yield to the suggestions of one, dud
that -a very junior officer ;—and whetter an rat..
Tier attack wduld have been attended with greater ad'
vantages short, was there nut accomplish-
ed, at the time the attack was mach-, all, that could
at,-any Terms have been etietted. It is in. support
of-the' propositions, I undertake to shew, as indeed
is already in evidence before you, that had I not-de-
layed sending in the` ships to the attack until the
tithe I did, the loss of ships, and of the lives of
valuable seamen, would, in the opinion- of all, time
officers of the fleet, have amounted to a large pro'
portion of the force so employed. And-ye' it seems
that I am now represented as desert ing of censure for
having prevented that wanton destruction ;. but I Lull
satisfied the Court will, ty the ,result of ti,eir in-
vestigation, find, that not a single, additional. situp
of the 'enemy- would have been destroyed by a
'more early adoption of those 'measure.. winch it iS
imputed to me I delayed or neglects 4.. I soall.how
proceed to the direct matter of iaquiryand charge,
to which my letter to the Lands Coininissioner4
of the Admiralty, of the toth of Mat:, pertly
applies. This letter ,was wriwn my being
informed that my public dispatch of,the 14th ut A,41
had been considered as not sufficiently explana.ool.!
but even that letter proves short at. what, 'has ra
become necessary to. submit ,o the Court,
am on my def rice. 1. ill irnture here t 0 t:Xplv'
firm conviction, that during the whole 'kraal bite
is the subject of inqUiry, and More pat titular:}' pit,

very day on ivhieb Tars ChargeA.
of duty; it will be found bY this. _honour Court,
that in the previous arrangement I exerted the utmost
faculties of My Mind to prevent any circumstance
escaping me which forethought could dittate ; and
that at the time of attack I aeled with all the zeal
for the success of the service, an Officer could evince,
whose duty it was to.consider the propel application
and preservation of his own fleet, as well as the de-
struetion of that of the enemy.
" The squadron under my command, including
the advanced frigates, having been driven from their
stations off Brest, by the continued prevalence of
tempestuous westerly winds, it was on
..my return
off that port, on the 23d of February, that I ascer-
tained the escape of the French fleet ; I had no in-
formation of the time when the enemy escaped from
their- port, or of the course they had taken ; conse-
quently had no grounds upon which I could exer-
cise any discretion._ This reduced me the unavoid-
able necessity of following my orders, which in such
an event distinCtiy direL'ted me to detach the senior
Flag Officer, with such force as I might conclude
Was equal to the enemy ; and to return myself to
Ca wsand Bay for further orders. I accordingly
tacked Sir John Duckworth, with eight sail of the
line and a frigate, in pursuit of the .French fleet, .
'the course pointed out in their Lordships' orders be-
fore referred to, which left me with the Caledonia
alone, in the mortifying situation of being obliged to
return to port. I refer back to this event, in order
to shew why the Caledonia, bearing my flag, became
detached from the fleet. In proceeding to Cawsantl
Bay, the Naiad joined, me off Falmouth, when
Capt. Dundas informed me, thatithe enemy's fleet
from Brest, conseding of eight sail of the. line and two
frigates, had entered Basque Roads, on the 24th of
February, where they had been reinforced by the
four sail of the line and two frigates, previously lying
in the Ai, Roads. This communicatien being made •
to the Admiralty, I received orders from their Lord,
ships,•oilthe 3d of March, to put to
,sea with the
Caledonia, Tonnant, Illustrious, Resolution, and
Bellona, together with -.any frigates- amid smaller
vessels under my command, that . might be ready
for sea at Plymouth, to form a junction witti Rear-
Admiral Stoptord, commanding his Majesty's squa-
dron Off Rochefort, On my arrival off Rochefort
on the nth cf March, I found that Rear-Admiral
Stopford, with the CasHiar, Defiance, Donegal, and
four frigates, had in the course of the 24th of Fe-
bruary, been joined by Captain Beresford, with the
Theseus, Triumph, Valiant, Revenge, and one fri-
gate, and shortly after by the Hero ; and that the
French fleet had moved from Basque into Aix
Roads, and taken anchorage there with t i sail of the
line and four frigates. In consequence of the intricacy- -
of the navigation, one of their ships was totaily
wrecked. Judging that the occupation of Basque
koads by the fleet under my command would be
Most effectual, either for blockading the enemy, or
for carrying on offensive operations, should they
prove practicable ; I immediately .ordered some of
the Masters of -the fleet to proceed in, and to take
every- advantage of weather, in sounding and sur-
veying the anchorage, in order to ascertain the part
most advisable to be occupied by a fleet of the magni-
tude of that under my orders.
CviF are under the necessity, from want of' room, of postpon.
ing the remainder of this defence until to morrow.]

41r. EDWARD FAIRFAX was called and sworn.

Were you employed sounding or surveying, in
Basque Roads and towards Aix Roads, previous to
the 12th of April ?—A. Yes, and reconnoitering
the position of the enemy.
State the general service on which you were em-
ployed.--I was mostly employed on the Long Sand,
and found that it extended full three quarters of a
inile to the eastward and northward from where laid
down. I will state to the Court all its bearings (de-
Scribed to the Court), and much shallower water
thin last laid down iu the Charts and Neptune Fran-
Q. Was. the space for anchorage for large ships
!zilch confined in Aix Roads ?—A. The space is
finch confined; I have not sounded myself; I will
slate to the Court how I ascertained the space is
tnuch confined, and likewise the position ; the
Whole space they occupy in length of line is three
gnarters of a mile; this report was given by Sir H.
Neale to Lord Gambier; the enemy's fleet, the last
time reconnoitred, were about south and by west, by
'compass, from the citadel in Aix Island.
Q. Is the navigation of Aix roads difficult for
large ships, as far as you know ?—A. Very much so.
, Q. What is the rise and fall of the tide I
znould suppose from eighteen to twenty feet, the log
°I the Caledonia will prove this fie-t. Q. Do you know of Lord Cochrane's making any
'eD°rt to me of the position of the enemy's fleet,
h,. 'evieus to the 11th of April, in consequence of his
gs
reconnoitred them Most certainly I
°, they were placed nearly. north e:ist, and- nest west, by compass, to the best of my recollec-
tion, the day before the attack.
Q. Did you ktiow, previous to the 12th of April,
Of aiiy anchorage aboOt the Boy art Shoal, near the
.Pallas Shoal, for line-of-battle ships, without the
range of the enemy's shot ?—A. I did not, nor have
I-acquired knowledge of it since.
Q. What distance was the British fleet from that
of the enemy, When it at first anchored at Basque
Iloads ?—A. The Caledonia, from the citadel of Isle
tlAix, was distance)i 1,900 yards, near six nautical
Ibiles. by admeasurement of angles, which I took
ft"' the purpose.
orCIA • Where were you on the morning of the th
Pril ?—A. On board the Lyra.
Cl• Where was the Lyra at that time ?—A.
The Y Were working out from Isle d'Aix towards
toe fleet.
Q. Were the enemy's ships that were aground
JYing so close together, that the yards of two of
them were locked together ?—A. I think not.
Q. Had any ships gone in on the morning of the
12th of April, to attack the enemy's ships, at what
time was it possible for them to return 2—A. They
could not have shifted their situation before the wa-
ter would have shoaled so much, that they would
have grounded.
Q. Had you an opportunity of observing the
strength of the current of the tide in harbour of the
Isle D'Aix ?—A. No.
Q. Was it such, as far as you did observe it, as
would admit of a fast-sailing ship working over it,
and beating out against the flood, as the,wind was
on the 12th of April ?..7.A. By report, I should

gitie thai do 4.14 ter could, by whatl
have heard from Pilots; Y. titer
the narrowness of the
Chnnel.
ta: If then, 'a part of the Peet had gone into the
road of Aix, when the Imperieuse made the first sig-
nal in the morning, Must it have remained within
three-quarters of a mile of those batteries, till the ebb
made in the afternoon ?—A. They might have shift-
ed by the flood, but then they would have got in a
worse situation.

Q. Were you in the Road of Aix, after the Bri-
tish ships were placed for the purpose of attacking
the enemy ?—A. I was not.

Q. You have said that three of the enemy's ships
were in a line, were your afterwards in any situation
that enabled vou to tell they were not near each
other ?-11: No ; it was prior that I distinguished
them separate.

Q. Can you at all determ►ne how far they were
asunder ?—A. I should think not a ship's length
from each other, those three.

Q. Were you on board the Caledonia when the
fleet was at single anchor ?—A. I was on board the
Lyra.

Q. Were you on board the Caledonia when they
weighed ?—A. I was.

Q. At what hour did the fleet weigh to approach
the Isle of Aix ?—A. About nine or ten o'clock;
and came again to anchor about half an hour after-
wards.

Q. After anchoring again, what was the distance
of the. Caledonia from the fort on the Isle d'Aix ?
A. Cross bearings gave it about three miles and a
half, from thence to three miles.
Mr. STOKES called.
Q Where were you in the forenoon of'the 12th
of April last ?—A. I was on board the Caledonia.,
State how the wind was on that day, and the
time of high water.—From day-light in the morning,
till twelve o'clock, N. N. West, from ten to twelve
N. N. W. and N. N. E. from twelve to three in the
afternoon, from N.N.E. tO N.N.W. the wind va-
ryipg.

Q. Could any of the enemy's ships, on the 12. th
of April., before they ran op the Charente, have
annnwed, and reached any of the ships that might
have been sent in to attack them ?—A. The Fou-
drovant and Cassard both lay afloat ; the Cassard
about a third of a mile distant from the Isle of Aix,
and close on the edge of the bank that extends
from the Isle d'Aix, to the N. \V. Point of the Pal-
las Shoal, the Foudrovant also lay close to that bank,
and, I suppose, abOut three cables distant from the
Cassard ; the three-deckers lay with their broad-
sides flanking the passage, and would have fired
with complete effect on any ships that might ap-
proach.

Q. After the enemy's ships had run up the Cha-
rente, could they have been approached by any of
the British ships ?—A. No.
Q' Is the navigation of Aix Roads difficult for
large ships, and much limited in space ?—A. Very
difficult for large ships, deep water very much li7
mited.

Q. Then the space for anchorage must be
very much confined, and water around it shoal ?
A. Yes.

Q. Were .you employed sounding and surveying
within the Isle of Aix ?—.A. I was, from the 17th to
the 24th of April.
Q. Did the general knowledge you obtained,
while so employed by my orders, agree with the
Chart, or Neptune FranCois, of that part ?—A. In
some parts it agreed, in other parts, I have found a
wide difference ; the Neptune Francois gave more
water than I found in many places.
Q. Did' you sound between the Boyart Shoal
and the Pallas Shoal )—A. I passed between
them three or four times; I took soundings at those
times.

Q. Is the account that you gave of 16 and 12
feet water, at low water, between these two shoals,
derived from the information of your own sound-
ings ?—A. Not entirely from my own soundings,
but from the soundings taken by the master of the
Dotterell, whom I sent for that purpose, who re-
ported, in writing, to me those soundings.
Q. Had you any opportunity of ascertaining what
is the rise of the tide in Aix roads, Or the vicinity of
Aix roads, at spring tides ?—A. The lead was hove,
and the depth of Water carefully ascertained every
half-hour on. board the Caledonia, until her depar-
ture from Basque Roads, whereby we ascertained
beyond all manner of doubt, that the a&ual rise of
water in Basque roads was nineteen feet in spring
tides, and eight feet im dead neaps.
Q. If the rise of the tide is nineteen feet in
Basque Roads, must the rise be greater or less in
Aix roads ?—A. The rise of the tide found in Aix
roads is twenty-one feet at high spring tides, which
is more than we ever found it rise in Basque roads.
Q. Could the three French ships which were
aground. on the sand, and afterwards warped off,
and run upon the Charente, ever have been attacked
by line-of-battle ships ?—A. No; they never could
have come near enough for the shot to reach.
Q. Could any more of the enemy's ships have
been destroyed, bad any of the King's ships been
sent to attack them at day-light on the 12th of
April ?—A. If we had attacked the enemy's ships
on the morning of the 12th, in the position of the
Foudroyant, and the three-decked _ships,
I think we should have sacrificed our own ships,
without making any impression on the enemy; the
only time that they could have been attacked, with
any prospe& of success, was at the time the attack
was made. The tide had i hen ebbed, and the ships
were fist on the ground,. with their sterns to the
westward, and they could not bring any guns to bear
on the attacking ships ; and under that circum-
stance, in my opinion, we owed our whole success ;
for had the French ships grounded with their broad-
sides, in flanking the p,issage, they would have been
able to have defended themselves, and could not
have been attacked.

Q. As.you were employed some time -in the In-
ner road of Aix, you had an opportunity of ascer-
taining the strength of the current of the tide in the
Road of Aix ?—A. I had.

Q. Was it so strong as to prevent fast-sailing ships
from working over it and beating out against the
flood ?—A. The flood-tide and the springs run at
least
,three knots an hour, so that it is impossible
that any ship can work against the tide.
Q. Then, ships going in at the end of the ebb,
must necessarily remain during the whole of the
flood ?—A. They must.
0.• You have said, that it any ships of ti4e

.
. • into .
c,no gone Roads on the morning of
12th Aprile they coned not possibly have got out
• again that day ?—A. They could not.
Q. Is that athopinien you have forthed since yria
left Basque Roads, or was it your opinion on the 12th
of April ?—A. It was my opinion on the morning
of the t2th, and I have never had any reason what
ever to alter it.
Q. Were you consulted on the praClitability of
going in and out of the Road of Aix, on the 12th
of April ?—A. I was not particularly consulted; but
Sir Harry Neale, on the morning of the 12th,
seeing the enemy's ships on shore, asked me what I
thought (or words to that effeEt) could be done,
ip taking the line-of-battleships into attack the ene-
?—A. 1 told him, perhaps we might destroy some
of their ships, but that we should sacrifice our own,
having no idea whatever of any of the ships being
able to return. .
Q. Are you quite clear that you gave that opi-
nion to Sir H. Neale, on the morning of the 12th of
April Yes,
Q. I- think you have said that you had no knoW-
ledge whatever of the anchorage within the Isle of
Aix, where ships of the line may ride in five fathoms
water, till after the 12th of April ?—A. I had no
knowledge of that anchorage until after the 12th.
Q. It you had known of that anchorage before
I the 12th of April, would the tide have admitted ships
oi the line to have gone to iron the 'morning of that
day?--A. The tide would not have admitted the
ships of the line to have gone to that ancliorage,'un-
til twelve or one o'clock on that day. •
Q. Were you on board the Caledonia on the af-
ternoon of the It th of April ?—A. Yes.
Q. Do you know the cause of the fleet 'being
moored that afternoon ?-a.a.A. I mentioned -tb Cap-
tain Bedford, about-seven in the evening, the neces-
sity of mooring the fleet; that they"might not swing
on board of.eachother during theiveather-tide e he
mentioned it. to Lord Gambier, Kid the fleet was
moored. To unmoor was solely the business of half
an hour.
Q. Had three or four line of battle ships been
advanced towards the. Isle of Aix, and laid. during
the night at single. anchor, could they, by weigh-
Mg when Lord Cochrane made the signal, about-
five in the morning, at that time of tide, have gone
into the road of Aix,. without the greatest danger, to
have attacked • any part of the enemy ?--A. Had
four sail of the line gone into Aix roads, when
Lord Cochrane made the signal, theyeavOeld there
have met a force equal to themselves; they would
have made an attack. under every disadvantage ; the
fire of Isle d'Aix, as well as . the fire of the Fou-
droyant, the Cassard, and Ocean, Would have been
directed on them,- they had no place to retreat to,
and their, only safety, remained in the destruction of
the enemy's 'ships, and in _silencing the batteries.
from the Isle d'Aix, which I am sure it would have
'been impossible for them, to accomplish.
Q. Did you know any thing of the Calcutta
striking ?—A. Yes ; she bad not struck when
was on board the Imperieuse; and the Aigle, Uni-
corn, and Emerald, had 'anchored and fired on her ;
one of her shot struck a boat astern oth the Impe-
rieuse after they had anchored and fired; the Ode,
fatigable had not anchored when I left the Impe.
Q. Were the ships and vessels sent in to attack
the enemy as soon as it could have been done with
propriety, considering the state of the wind and
tide ?—A. They were, in my opinion.
Q. From the -first attack made on the enemy's
ships, to the final cessation of hostilities against
them, was every thing done that could be done to
effea their destrution ?—A. Every thing was done
that could be done to effe6t the destrualion of the
enemy's ships.
Captain &ICH called in and sworn.
Q. Do you recollea the situation of the enemy's
fleet, on the morning of the 12th of April, at days
light ?—A. I do; I think it was represented in the
chart of Mr. Stokes, now before the Court.
Q. Do you recollect the telegraph signal being
made from the Imperieuse, on the morning of that
day ?—A. I do.
Q. What was that signal ?—A. I think that half
'the fleet could destroy the enemy's ships.
Q. At what distance was the Imperieuse from the
enemy, and from the Caledonia, when they made
that signal •—A. The Caledonia was about six miles
from Isle d'Aix, and the Imperieuse about half way,
about three miles.
Q. Had I sent in line of battle ships that day to .
Aix Roads, early in the morning, or soon after,
were any of the enemy's ships in a situation to have
enabled them to rake or annoy our ships as they ad-
vanced ?—A. Two of them were lying with their
broadsides towards the entrance, and would have
considerably annoyed any ships sent against them.
Q. Were any of the enemy's ships that were
aground capable of annoying our ships ?—A. Early
in the morning they lay with their broadsides to-
wards the entrance, and I think they were capable
of annoying the ships.
.Q. What number of guns were there on the bat-
teries of Aix Island ?—.A. When at anchor in Aix
Proads, I counted 50; there might have been more ;
but I arn certain there were not less.
Q. Did the enemy throw shells. from the Island
—A. They did.
Q. Can you speak at all ofthe number of mortars
they had ?--A. No, "cannot.
'Qe If any of our line of battle ships, adVanCing
under the circumstances just -.stated, • had become
crippled, could they have returned that day before
night ; or what would have been theconseqtrences ?
—A. I do not think, under all the circumstances,
that if the line of battle ships had been sent in, they
ever would have returned; I think it would have
been sending them to irretrievable destruEtion.
Q. When I sent you into Aix Roads, what were
the orders, in the afternoon- of the Jed), I gave you ?
were they discretionary or not )—A. To use my ut-
most endeavours to destroy the enemy's ships; 1
considered them discretionary., in the same measure,
as the sole responsibility rested on the Captain ; the
pilot having refused to take the ship in. • -
Q. Do you recolle6t what time I gave you the or-
ders ?—A. The first order I received from the Corn- -
minder in Chief, was at eight o'clock in the morn-•
ing, to anchor near the Boyars Shoal, and within
the range of shell of the Isle d'Aix. The second
order I received v‘ as at two o'clock-in the afternoon, ,
to proceed in.
Relate to the Court your proceeding in Aix Roads,
until your return to Basque Roadss—About

tWO I CV-Z.71,3411:d aii't.Lor; I Went in; fl con-,tnei7 v t-
the Revenge; to the aW'cic of the enerny's..;s.ilip;s,ii
oar Itigatea Were lying close liatf;abbet 6113
by W. to S. and
.by E. rather A curved
chored to the sOuthward of them; close the tridce.,
fatigable, and a little after three we corimenced Ces
fire. on the Calcutta, when shortly after. I Observ'eel
her crew abandoning her, leaving her cOlotirS 11Y
We therfidireaed our fire to the Aquilon; Ville
.i.te-
Varsovie, and Tonnere, as we could get our broad-i
side to bear on them. The Ville de Varsovie
crew partly left her, and I think she was take; pbs2,,
session of by the Unicorn's boat. The Aquiliiii
the only ship that struck her colours, and the Ton-
,
nere, at five o'clock, was left by her crew, wko set
her on fire. AS the tide fell; the Revenge gretind-
ed ; but by the exertions of Captain Kerr she Wei':
soon get off; and went between the Boyart and
las ; the frigates all followed her, except the Irripe-
rieuse, which ship grounded; at six that evening,.
in mooring the Valiant, she grounded on a shoal, rim?:
remained until eleven o'elock that night; the tide;
'rose and she got off. At lee/ Water, there Were
17 feet water alongside her.. There were feLir tire-
ships prepared by order of the Commander in Cli!ef„
and sent in afterwards ; two to have gone aghast the
Foudroyant, under the orders of Capt. Beyriimir, and
two against the Ocean, a three-decked ship; it was
half-past eleven o'clock before they were coMpletely,
ready, when the wind being baffling, and at tithes
blowing directly out, I applied to Admiral Stopford
for some gun-brigs to roger the retreat of our boat
the enemy's boats being moored in two lines across
the stern of -the Ocean; with boats in advanCe. As
the wind Blifitinued to. blow direffly out until' four
o'clock in CA- morning; I judged theattempt 'to be
impraelicable, and therefore ordered the file-ships
to Move to where the Imperieuse was lyh g, and
follow. the direClions of Lord Cochrane. At half-
paSt three o'clock, the prisoners being arrived frOM
the AqUiTon and Ville de Varsovie, and the water,
at that time up to their orlop decks,. I ordered theta
to be set on fire, and at day-light I weighed, in o!e-
-(hence to a signal from Admiral Stopford, and pro-
ceeded to Basque Roads.
Q. Was not the Valiant, and were not some of
the.other ships that were aground, in a very perilous
situation 'r
—A. The Valiant was in a very perilous
Situation ; and nothing but the wind shifting, and
blowing direaly out saved her from being wrecked.
Q. State' the enemy's ships that were destroyed, as
well :a§ those rendered. unfit -for service.—There
were feel- of the French ships destroyed. I think
the others must have been considerably datnaeed,
excepting two; from being on shore.
Q. What is your opinion of the position taken by
Captain Kerre of the Revenge It is impossible
that a ship could he better placed than the Revenge, ,
and indeed the general -condue-t of the Revenge on
that day refle&s the highest credit on the zeal and
bravery of her Captain.
Q. Did the Revenge go within the Imperieuse
and otherleigates and relieve 'them from the fire of
the batteries,' as well as from the enemy's ships
A. She anchored the northernmost and eastern-
most ship, about three cables' length within the
ImperieUse, and appeared to me to draw the fire
of the batteries of the Isle d'Aix fiorn the frigatei
to her; the fire from the enemy's ships throughout,
from their helpless situation, was very slack, and I
never thought it was an object to be protealed
'from it.

Q. You have stated that the Revenge was veti
judiciously placed, and you have described the col,-
duet of that ship as having been highly meritorious
on the occasion ; were nut the other ships and ves~
sels' engaged with the enemy, placed as advantage.=
ously as they could have been, according as pecu-
liar circumstances existed 3 and did it not appear to
you, that the Captains and Commanders of them
condueled themselves with equal zeal for the pub:.
lic service ?—A. The utmost zeal was manifested by
every ship engaged ; I think it impossible they
could be-better placed for the destruction of the ene
my 's ships than they were.
The Court here adjourned till to.morro* morn-
ing at nine o'clock. •

Yesterday morning Mary Moore, an elderly wo‘
man, decently attired, endeavoured to intrude her-•
self into the Palace. On being questioned resped
ing her business, it evidently appeared she was de.
ranged in her mind. She said she came to advise
with the King on the necessity of making peace
that she had many things to communicate, and
among the rest, that she had brought her pepper-
box with her (which she produced), and it being
quite empty, she hoped His MAJESTY would fill it.
Several of the attendants present recolle&ed having
seen her there before ; but, as she became very noisy
and troublesome, and could not be prevailed upon
to depart quietly, she was at length given in charge
ofSayers,.the Police Officer, who carried her before
the Sitting Magistrate, and he being convinced of
her insanity, ordered proper care to be, taken oilier,
until the business could be further Investigated.
Among the whimsical undertakings of the age
may be classed that of a Colonel of Dragoons,- who,
fora bet to a considerable amount, is to walk fi-(..);1!
Chichester to Harrowgate, a distance of 52a
and not to expend more than three pounds. He
passed through Guildford last Friday.

. BR' ITISH NAVY.—The Monthly List which reachcs
to.this day, gives the total of our force at sea, as
-follows :-64 sail of the line,' 13 fifties and forty,
fours, 106 frigates, 83 sloops of war and yachts, fivd
bombs and fire-ships, 67 brigs, 10 cutters, t.. 9
schooners.—Total, 433. Ships in commission, 163
sail of the line, 23 fifties and forty-fours, 17s fri
gates, 175 sloops and yachts, to bombs and fire-
ships, 164 brigs, 42 cutters, 106 schooners.--Totat
gve. The grand.total, which includes the ships in
port and fitting, thwe building and in ordinary, and
guard, prison, and receiving ships, states the ves.i.
sell of the line, at OR, fifties and forty•fours, at
37, frigates at 260, sloops and yachts ssti, bombs
and fire-ships 36, brigs 191, cutters 42, schooners,
&c. 118.—Grand" total, 1218.

BOXERS.—The long depending match betwixt
the veteran boxers George Maddox and Richman
the black, has at length been settled, and the par.=
ties will fight for a stake of one hundred guineas on
Friday se'nnight. The amateurs look for the day
as one of considerable amusement, the veteran Hein;
a tough professor of the old school, not easy to
m copterec!, and Richman is a scientific f.e,hter .
th 4
day, and a better giver than a taker.