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

of the other to combine means for the attack, its
which they unhappily .succeeded. I must now beg
leave to call the attention of this Hon. Court to the
consequences which have already ensued from thiS
expedition. In the first place, then, 1 humbly pre-
sume that it is but fair to inter that his Majesty's
Government, notwithstanding the change which had
occurred among its members, highly approve of the
enterprize, from the-energy by whicla they are fol-
lowing it- up, esahl at this very moment when I am
vindicating my condu& in having undertaken it with-
out positive orders. The more they reflex on the
advantages which this country might derive from the
acquisition of those valuable possessions, the more
do they augment the means of insuring the conquest
to which I-have dire&ed their attention, Were this
not the. fad, why, 1 would ask, have his: Miliaky's
Ministers since formed, with that vicw, armaments.
more than adequate to the task of conquering all the
Spanish possessions on the East - Coast of South
'America ? Those, extensive armaments, either al-
-I.e.a]y gone, or on the point ef* sailing to complete
the great obje& which I had successfully begun,
though with tneans comparatively so trifling, and
whicti the mere„removal of this Squadron from a.
state of mataivity to enterprize, was attended with
no additional expence to the country..
I am naturally led to the above conclusions by the
mode in which the Board of Admiralty has shaped the
charge. ram nut accused of having, with inadequate
means, and with insufficient preparation, undertaken
the attack of Buenos Ayres. The reasons for this
will appear obvious when I come to eminent, as I
shall now do; on the instructions to Gem Achninty,
the Officer sent out to prosecute the enterprize that
1 had so happily begun, and which Officer, as has al-
ready appeared to the Court, was recommended to
his Majesty's Ministers.by Gen. Baird, as a proper
person to be employed on this service. In these
instructions to-Gen. AchmutY, a copy of which- was
transmitted to the senior Naval Officer in the Rio
de la Plata, and which I am prepared to prove from
a copy given me by the Admiral, the utmost anxiety
is expressed by his Majesty's present Ministers,
in the event of any misfortune having happened to.
Gen. Beresford, to obtain such a footing on the Con-
tinent of South 4inerica, either in the same or some
adjacent part, as may enable him, Gen. Achmuty, to
cs'ait for the arrival of a further force, and that force
consisting of 3000 men, which is stated not to have
17,eenintended originally as a reinforcement to Gen.
Beresford, but for a service of very considerable im-
portance, but which he is authorised to detain until
Iris object is obtained ; and in a preceding part of
the instruetions, General Achmuty is enjoined not
too hastily to abandon the attempt of Gaining a foot,
lug in South America.
Is it possible for me to avoid feeling or•expressing
ovme satisfaai n, when I re e& that notwithstand-
in,; the reverse of fortune which had occurred, I had
anticipated not only the wishes of the last, but also
of the.p.re,ent Administration ; that had secured a
strong position, and bad obtained a firm footing in
South AmericA ; that Geu. A.clanuty would find the
object. at his expedition in a, great,degree completed
before his arrival, and the 3000 men destined to an-
other object would-be at libirty to pursue their ori-
ginal deslinati6rt.

Never, Sir, would I for a moment contend that
success could jus,ify iiegieEt or breach of duty;
but conscious as I am that I am not open to such
a charge, it is impossible 14 me not to teel gratified,
in refleeting on the circ•anstance which I have
just stated. Moreover, Sir, the Proclamation is-
.stied on the 17th of September, 1806, sufficiently
thews the encouragement which the Members of his
Majesty's Government were anxious to (rivet° the
spirit of our commercial men, depressed beyondb ex-
'ample at the unprecedented measures taken to ex..,
elude their exports from the Continent of Europe,
and the readiness with which they were pleased
to meet my ideas on this particular point, by
inviting all British subjeas to trade with Buenos
Ayres, and the other settlements in the Rio de.la
Plata, under the favour of his Majesty's Proclama-
tion. In regard to‘the value attached to the con-
quest of Buenos...AYres, in a political point of view,
and which, as I have before Observed, was one of
the principal Motives that urged me to undertake the
enterprise, I cannot indicate its importance more
clearly and undeniably, than by quoting to the Court
the language used by Lord Lauderdale, his Majesty's
Plenipotentiary at Paris, during his Negotiation for
Peace, to Monsieur Talleyrand, the French Minister
for Foreign Affiiirs. In a Note written by Lord
Lauderdale-to the said Miniter, ou the 19th day of
Sept. 1806, his Lordship says :

!. When the UnctersignF.d refits that he came to Paris.
authorised to cOnclude Vezat upon terms Uncletttond to have
been proposed by Erance ; -that, notwithstanding the rctusal
of H. 1. Majesty or All the Rusvias to ratify the Treaty sign.,
ed by M. D'Oti brit, and the splendid successes obtained by
his Majesty's arms in S,atitli America,' he was authorised to
give assurances t he demands of his Court would 110tfAll
CollEellUCilLe of these successes, he materially increased."

Is not this language to be proud of, inasmuch as
it.conveys in a manner the most direct the opinion
entertained by his Majesty's Government of the
succes••efri, in the plan and accomplishment of which
I-bore so active and considerable a share ? If Lord Lau-
derdale calls the successes splendid, in an official
Note to the French Mit-lister, surely it will not
now be contended, that they were not so consi•
dered by that Cabinet which deputed him to nego-
tiate the late projected Treaty tbr Peace; and though
his Lordship adds, that the demands of his Court
in - its favour would not, in consequence of these
successes, be materially increased, yet this tune of
moderation diminishes not their splendor, nor does
it, in the smallest degree,. detract from the merit of
thbie by whom they were achieved. In tine, what-
ever difference of opinion may exist- respecting the
poncy of extending our colonial conquests, there
seemed to me but one sentiment entertained by his
I\lajety's Government, and by the Country at large,
it regiir..l to the well-timed acquisition of Buenos
Ayres; which, in the intended pacification of Eu-
rope, was, it is evident; of sufficient weight to incline
the political balance•still more in favour of England.
I now beg to advert to the Papers of the' 14th of
September, 24th 'of September, and 21st of No-
ve.nber, and the 20th of September, which. have
been lately introduced into the Charge. The lat-
ter I never saw or heard' of until read in Court ; nor
w.it I informed until my arrival at 'Portsmouth,
that any of these Papers were to be brought.
again::t. me. The objea of this attemp't was, I pre-
sume, to shew,the sentiments of the Governmentun-
der" orders I sailed, on t 1.14. sl.ibjett of the tia-

ture destittation- 'army fetqte. :it It Was known tC
my prosecutors that' I never received any of these
papers, as the Peter packet in whiCh they were put
was captured, and the Tualia,..which conveyed the
others, never went to the Cape.----Sir) the subsepent
opinion of 'the Government, foundertalso on sub4e •
quent and hagy,
,and, as it afterwards appearchl,
inaccurate information, etuld not in any case 'be
evidence against me, or implicate me in having used
my force as I did, having, as it has been shewn, no
orders for my destination after the capture of the
Cape:
The correetnits3 or impropriety of my cimulual
must depend on that which I either knew or vas
bound to pursue, or suppose might have been the
wish of the Government under whose-orders I sailed,
and those which I have, I most sufficiently develop-7
ed. In addition tolwhich I might observe, that these
orders could not operate against use in another point
view : before I could by any possibility have re-
ceived them, I-knew that the intelligence on which
they were founded was wholly false, and that peaCe
had been made in India, -in proof of which, I beg
leave, to read General Baird's letter. to Mr. Wino
ham, in answer to the dispatches which he received
on this subject. ,
Cape Town, i11ay.27, 1806.
_ _

gr Spi—l have had the honour of receiving, by
his Majesty's ship the Adamant, the duplicate of a
dispatch from Lord Viscount Castlereagh, bearing
date the loth of September, 1805, and conveying
.to me his Majesty's. commands to detach front tins
colony, such a portion of .the.troops nialer iny'com-
mind as might be necessary ter the security of the
British possessions in India. 1 am most happy to
repeat, that the general tranquillity which, now
reigns in that quarter, will render it unnecessary for
me to make such detachment.
" I have the .Honour to be; 8r c. •
" D. BAIRD.' •
Rig/a Hon. N Windham, &c. .
The receipt of these orders therefere having thus
come into my haeds; could no have operated upon
nay cOndat, but possibke might, as before-mention=
ed; have corroborated riiy:cleternainatiOn in giving rue
reason to suppose that for any great and important
object, the with-drawing part ot_the force froth the
Cape would not be a measure likely to excite 'the
displeasure of GovernMent. -
Before I conclude; Imust complain of the muti-
lated state in which the Admiralty Board has pre-
sented to the peblic my letter of Septerob.erJast,
giving an account of the-re-capture of Buenos Ayres.
Most unfavourable opinions and prejudices have beets-
excited against me by their mutilation; in fact, se-
veral persons have called on me loran explanation of
the last mentioned letter. I am compelled to notice
the circumstance, not only in justice to myself, but
also to that gallant officer Gen. Berestord. This
comparison can only be made by reading my ofigi
eal letter, and the publication of it in the Gazette.
I have now stated all that occurs to we as neces..
sary to bay before the Court on the subjed of my
caudal as an Officer, with reference to the military
questions which arise upon it ; one subjed, however,
for observation still remains, and it•is one that deeply
interests my charaaer and feelings, and and upon
which I owe to accident and good fortune, thatl am
in possession of evidence, notwithstanding I left the
Rio de la Plata without the least suspicion of my being
called tipou to appear before a Court Martial. •
• I am aware, Sir, that my justification has already
extended to a great length.; yet, as I conceive it to
be incumbent on me to omit no circumstance that
can at all tend to illustrate the views 'which influ-
enced my condua during the Expedition to the Rio
de la Plata, I must solicit the indulgence of the
Court, while: I state as briefly as possible, a few
filets which may serve to skew that in the-whole
course •of my proceeding, as Commanding Officer
ed the squadron in that river, I was never actuated
by any selfish consideration, but that, from the time
of the surrender of Buenos Ayres to his Majesty's
arms, until the period of its being wrested from our
possession, I made every sacrifice which might con-
vince, the world in general that the good of my
country was my objea in having undertaken this:ex-
pedition without positive orders. I am the more
anxious to establish this, because I have had the mor-
tification to hear it said since my return, that sordid
,instead of honourable motives operated to induce me
to undertake this expedition. 1 am proud to have it
in my power; not only, to rescue my own character in
this respeel, but to prove. that I have not disgraced
the profession to which I belong, by permitting un-
worthy motives to operate on my conduct as an Of-
ficer.l should not have wauted precedents to bear
me out, even in such a conduct: but, though I have
quoted precedents for my justification as to the' exer-
cise of my discretion, I should disdain to avail myself
_even of the same authority to palliate cupidity or in-
justice. In proof of my conduct in this respeCl, per-
mit tile to recall to the -attention of the Court, that
immediately on the surrender of Buenos Ayres, all
the property afloat, contained in upwards of i 80 ves-
sels, to the amount of at least a million and a half' of
dollars, was given :up to the proprietors by Proclama-
tion ; an evident proof of my sincere inclination to
conciliate the minds of the inhabitants cf every de-
scription, and to convince there, that the *expedition
was undertaken with, views diametrically opposite to.
those which attach to a predatory incursion. If it
should be suggested that I could not have manned
eeetea very small portion of those vessels, I would
reply, that I might have disposed of them at ad in-
ferior price to their respedive proprietors.
I ailed with the same disinterested regard to pub-
lie- service, in relation -to large quantities of yea-
silver and bark, to the amount of upwards Of three
nellions of dollars, in small attd very convenient
packages, which were in the Castle near the Quay,
and might have been embarked he the course of three
or tour days ; but 1 would not suffer any of ithe va-
luable merchandize whatever, which might be consi-
dered as appertaining to the captors, to be'shipped, •
before the Squadron should be completely vietualled,
in order that I might be enabled more effectually to
blockade the river in case of a reverse of fortune; and
the whole of which property was ultimately recover-
ed by the enemy ;• mordover, I proposed to the
Captains and Officers of the squadron, and it was
generally agreed, that we should present to Govern-
ment whatever armed vessels might be captured, and'
be deemed fit for his Majesty's -service. Among these
was the Neptune, a tine ship, of twenty guns, which
had been-formerly .a Liverpool privateer, and had
been.• taken by the Spimiards; together with several
large armed schooners and gun-vessels, In short, on

sit otcalcions^, I Inculcated and enforced, both by pre-
cept and example, the dottrine'of sacrificing private:
Advantage to the public good, and regulating our
proceedings by what might appear most for the ho-
nour and. glory of the British Nation.
I have at length Concluded the Statement of facts;
and the observations which were n.cessary to elm-tile
the Court to form a competent judgment on my case,
in which I' have unavoidably been obliged to occupy
a considerable portion of your, time. It may how-
ever be said, that in my letter to the Admiralty, I
did not fully detail all the motives which had led to
my undertaking‘the attack of Buenos Ayres.
If the statement of thege reasons slioirld appear leSs
ample and less detailed than those which I am nod
hying before the Court, it is; because I conceived'
that I was addressing them to those, with Whose
general views and intentions on this subject I was
already. acquainted, and who were Well aware of the
inducement to . this undertaking, From those by
whommy letters were in faCt received, no intimation
ever reached me, that these reasons were insufficient,
nor has my soplementary explanation been required.
I have already said, that I did•not -receive any in-
timation of an intention to gill me to account. I.
regret the silence of the Admiralty towards 111. e in both
these particulars ; had:they called far my justification
at an earlier period, I Might perhaps have satisfied'
them, that there was no ground for bringing me
before this Tribunal, and at all events, the notifica-,
tion of the design to accuse me, would have given a
fair, and surely not too favourable a warning to die,
to return prepared with all the means of my defence..
Sufficient means I hopel have in the statements and
evidence which 'submit to you, but it is a little hard
to be deprived of the testimony of those, who having:
been witnesses of my condu& during the whola.;-,Of
my command, might depose most powerfully in my
vindication, and this loss, which I cannot think ac-
cidental, I owe to the silence of the Adthiralty.
Before I finally close, Sir, I must again shortly re,
vert to the point most important, because it does not
apply to my case only, but to that of every
"Officer
in the Navy, I mean that of the diScretionary use
of authority without precise orders. Indeed, if an
Officer-commanding in foreign parts is never...to avail
himself of information which he may receive, never
to use his own discretion, or to Undertake an expecli•
tion against an enemy's possessions without precise'
and immediate orders from home, which cannot at-
rive until the moment for action shall have, elapsed ;
if he is to Be sc) strialy and.petmanently bound by
the letter of his instroalions under which he, sailer
Proi4 England, that even after the full and happy ne;..
Complilihment of the abject to Which those instruc-
tions were dire&ed, he shall not be at liberty Co un-.
dertake and accomplish any other, howeyer within
his reach, however important in itself, or in its con-.
sequences, however 'pointed out to him by new in-
formation and by increased 'facilities, and hoskeyer,
nearly cc:Attlee:led in many important points of view,,
with that which he Was originallysent to accomplii,h;
if this is to be the rule and limit ofan Officer's
Lions in a situation of such trust arid "Cdnfidehee,the
result will, I confidently foretell, be ruin-to the British
Navy. It will lead to the entire cessation Of all acts of
enterprize, and to the total extinction of that daring
spirit which has so long bid defiance to all eyposi;ion,
because an Officer *ill be deterred by the
that for venturing to attack arannoYing the enemies
of his country, without positive; iiStrtictions, bis ,
condUa may be prejudged by a superior authority at
borne, and (as in the order for holding the present
Trial) it may be stigmatised as ,a flagrant breach of
public duti', that should not pass nnpunished.

I must now, Sir, before I end my Defence, and
put myself upon the judgmetie of the Court, call
your,attention, in a few words, ,to what I humbly-
conceive are the points. for your consideration.
On your decision now depends thl future condu&'
and enterprise of the Navy of Great Britainialways
bearing in mind that I stand before you not for hav-
ing failed in the fulfilment of orders, but for having
done more than my stri& duty against the common
enemy. The interest I have in the result, deep as it
.is, is trifling, compared with that which must be'
felt by every Officer in the Navy--I may say by the
Nation at large.
'As. on the one hand, you are called upon to consi-
der and decide upon_ my case, so as not to sanCtion,
or authorize by- your JudgMent, a lax interpretation,
or, careless execution, or neglea of orders ; so, on the
other hand, you are called upOrt, by a due regard
to the interests of the Navy of Great Britain, and as
involved in their intereSts, the 'safety and indepen-
dence of a nation, which looks up to that Navy for
proteaion, not -to check that 'energy and spirit of
enterprize, which if checked by an untaVourable sea,.
tence on me, and passe,d•by such a- Court, 'and so
composed, may not easily be revived. I consider
myself as an humble individual, standing before you
on a charge deeply- affeaing my chara&er, but more
deeply affeaing the future interests ofthe Navy.
My case must be decided on -general principles;
totally uncontteaed with any feelings which relate to
me personally, and it is for you, Sir, and the 1:1:oiL
Members of this Court, to determine, whether an.
Officer, circumstanced as I was, employed as. I haCT
been on previonS occasions, led on by a singular aiict..
conneaed chain of circumstances to Consider 'this
enterprize as a favourite object, not of my own am-
bition, btit of the wishes of a great and distinguished
Minister,-on WhOse approbation would have f011ol;ve '.
nit merely proteetion, but probably commend:l6On,
honour and rewards; having been originally and sO,
lately appOinted to' carry -into execution, di‘:erfed
from it only by my own suggestiOn of an intermediate
expedition ; having a'• full and contidential-.l;oggr
ledge of all the circumstances, which for a time de,
laycd the execution, and'hearing in a distantipy:t of
the world, without Means of 'immediate communi7
cation, that all these obsiacles had .fieen done it‘ilaya
having also means at my dispOial adequate, as I
thought, 'to the end, and belieymg trial in the then
state of Europe, and particularly of myoOuntry, the'
immediate execution of this plan was most important;
it is for you, GetitleMen,
,l'.sayp under all these
circumstances, to deternilite-nrhethed was justified
according to my Orders, or whether I inn not to stand
excused for having hazarded the exerciseofdiscretion.
In your hands I put.widi dolufldence my case, sa-
tiAed that the-importance of it,"and the attention I
have received; will ensure- i)e the benefit of all the
circa mstances I have stated,.'afid Of the arraments
hare urged. .On these irbundS,.l humbly hope:and
trust,' t hat. I shall.. recetiefroin-the juSttee cif the
Court 4di honowable acquittal..