The Sun.
London, England, 1823-11-18 00:00:00

COURT MARTIAL ON CAPT. HARRIS.

nance. •
The Ilestaurador contains a list of all the Addresses in fa-
vour of the re-establishment of the Inquisition.
PETEIIBIIVUOU OCT. 24.—The cornier who was
ilispetehed to the emperor with the news of the deliverance of
the King of Spain, had orderi to proceed direct to his Majesty
whereVer he might be.
[From the Constitutionnell
Ps.nis, Nov. 15.—The Journal des Debuts says, that, after
the execution of Itiego, the people only cried Vive lc Rai; but,
according to the .Orifirnene, the cries of Viva el Bey absoluto
were the last words which reached the ears of the victim.—;.This
Journal stays that not one of the French military was present
at the execution, but that the French garrison was under arms,
and that strong detachments occupied the avenues leading to
the place where the sentence was carried into effect. It was
useless in tins Journal taking the trouble to tell us this ; all
Europe knows that French soldiers never attend at the death
of their enemies, but on the field of battle.
M. Manuel, Member of the Chamber of Deputies, was,
some days ago, at the house of one of his friends at baferte-
sousJoiterre. and was to have stood god-father to the new.
born child of his friend. Every thing was in ,reparation for
the ceremony, • when the father received the following letter
'corn the Curt of the Parish :
" Lei'raTE-sous-Jotstins, Nov. 8, 1023._
Sin—Having been informed that 111. Manuel is to appear
te-morrow, at my church, to stand godfather to your child,
I think it my duty to inform you, that, according to a letter
from the Archbishop of Maux, dated 4th April last, I cannot
perinit him. I flatter myself that you will spare your friend
as well as sue the pain of Atte refusal which I shall be obliged
to give.
" Receive, Sir, the assurances of my consideration.
Cure."
(Signed) " CAUVIN,
As the baptism could not be celebrated at Lafertt, it was
performed two days afterwards in the church of a neighbour-
ing parish, where 111. Manuel was received as godfather, and
where, probsbly, the thought of excluding him had not yet
penetrated. Such. facts speak for themselves, and we abstain
at present from adding any reflections. We ask only, if any
decision of the Chamber of Deputies should have the character
of an excommunication ?
[From the Orifiamme of Saturday.]
PAnes, Nov. 15.—Yesterday, before mass, the King ho-
noured with a private nudience Colonel Boutourlin, Aide-de-
Camp of his Majesty the Emperor of Russia, who had just ar-
rived from the °rand Head-quarters of the army, of Spain.
The Count.de Villele yesterday transacted business with his
Majesty. His Excellency had afterwards the honour to pay his
respects to his Royal Highness Monsieur.
At three o'clock yesterday, a Council of Ministers was held
at the residence of the Count de Villele.
Colonel Count Bourse, Chief Aid-de-Camp of the Duke de
Reggid,isrortioted to the rank of Major-General.
[From the Journal de Paris.l
Our Nuremberg Correspondent 'informs us, that the most
singular reports are again in circulation respecting the situation
of Constantinople, where events of considerable importance are
said to have occur' cd, of which in all prob
Ap abzed y the Rs
sway
sisn
Charge d'Affaires, Minzaky, will be pri on hi
thither. Commercial letters say, that at the departure of the
last courier from the Ottoman capital, the Porte had not then
carried into execution the promis of the Reis-Effendi, relative
to the navigation of the Black Sea.es

•
The Plymouth and Dock Telegraph, of Satur-
day, contains an account of the trial, at that port, of Captain
Ouottox iIAIu t, C. 8., of the 'luster, to which we have,
more than once alluded, extending to nearly nine columns.
The charges alone fill a column.—The Courtopened on the sth
November.
. .
The sum of the charges amounts to this i—Capt. Harris re-
ceived orders from the Lords of the Admiralty, dated the 22d
July, to proceed without loss of time to Plymouth', there to pre-
pare to receive on board Sir Edward :Thorntonalllinister Pleni-
potentiary to the Court of-Portugal, and to sail as soon as he
was embarked. The. Hussar arrived in Plymouth Sound the
211th July, and on the Ist August Admiral Cochrane ordered
her into Barnpool, for the readier fitting of the cabin for Sir
Edward's reception. The Admiralty again issued orders to
Admiral Cochrane to proceed back again into the Sound, sig-
nifying that no arrangements should be made which could
prevent her sailing the moment Sir Edward embarked. These
orders were dated August 5, and received at Plymouth in the
morning of the 7th. On the 9th the Hussar was moved into the
Sound. But previously to the receipt of these orders, Capt.-
Harris had, on the 30th July, written to Sir Edward, inform:
ing him that the Hussar would not be ready under ten or fifteen
drys. This statement, rendered erroneous by the orders of the
sth August, Captain Harris did not communicate to the Com-
mander-in-Chief, .nor did Capt. Harris, on the receipt of the
Admiral's order of the 7th of August, communicate to Sir
Edward, that he had received orders inconsistent with the in-
formation given to Sir Edward in the letter of the 20th July.
On the 11th August, Capt. Harris, in reply to a note from Sir
Edward Thornton, lated the 9th, for the first time intimated
that he had received orders at variance with the information
in his letter of the 30th of July ; but even then he did not
state that the ship,was ready, and, that he had orders to make
no preparations. The communication was to the following
effect :--
"My orders are to sail immediately on your embarkation,
even though the preparations for your reception be not com-
pleted, which, I am sorry to say, is the case; but, Once the
wind hangs from SM. to West, it would be folly to proceed to
sea, therefore the delay, even should you be prepared to sail,
is unavoidable."
This letter dissuasive of the Minister's immediate embark-
ation, and stating, that it would be folly to put to sea, Captain
Harris appears to have alga concealed from the knowledge of
the Commandetain-Chief, although he admits, in a letter ad-
dressed by him to Sir Alexander Cochrane, on the 10th of the
present month, that the said Commander-in-Chief had, by his
constant inquiries, expressed his daily anxiety and solicitude as
,to Sir Edward Thornton's intention to embark, and as to the
Hussars' readiness for sea; and although the wind might, at
the moment the Captain wrote the said letter of the 11th Aug.
be hanging from SW. to West, it appears, by returns from the
Port of -Plymouth, that several of his Majesty's ships did sail
to the westward between the 7th and 'l6th of August.
On the first day evidencein support of the charges was heard.
On the 2(1, Capt.. Harris entered on his defence, which is very
long. After some preliminary observations he proceeded to
state—By their Lordships' order, of the 22d July, I was di-
rected to proceed, without loss of' time, to Plymouth, there to
prepare
.to receive on board Sir Edward Thornton, with his fa-
mily and aulte. Accordingly I lost not a moment in obeying
the directions I received, and sailed from Portsmouth on the
25th of July, with the wind dead on end, as the ship's log will
testify ; on the 24th, tit P.m., the liiissar anchored in Plymouth
Sound, and on the instant the sails were furled I went on shore
to wait on Sir Alexander Cochrane, but did not see him, be-
cause he was gone into the .country. On the morning of the
29th, before nine o'clock, I saw Sir Alexander Cochrane, and
received from hint their Lordships' order of the 24th of July—
this order directed me to roceive on board Sir Edward Thorn-
ton, servants, and baggage, and suite, and with all convenient
expedition proceed with them to Lisbon. By the word family,
in the order of the 22d,. I was led to believe that Lady Thorn-
ton also would have embarked, and I was not undeceived as to
this supposition till on the 10th of August, at twelve o'clock,
when I received Sir Edward Thornton's letter, dated die
preceding day. This want of better information left me in,
doubt as to what preparations I should make, but conceiving it
my duty to prepare for a family of such high importance every
accommodation that I could, I directed the foreman afloat, un-
der the sanction of Commissioner Shield, to arrange accom-
modation in like manner as his Majesty's ship Iphigenia had
been fitted on a somewhat similar occasion. This duty, as I
was obliged to return on board to meet the said foreman, and
point out to him the manner in which the Iphigenia was fitted,
occupied the greater part of the morning. On the evening of
the 30th of July, perceiving that the joiners, owing to stress of
weather, seldom came on board before nine a. m., and returned
at threep. m., and that they did not perform more than half a
day's work, I thought it my duty to make a representation
thereof to Sir Alexander Cochrane, and to point out to him the
advantage which would result to the service, if the Hussar were
permitted to run into Barnpool. Having learnt that Sir Edw.
Thornton was not at his seat, Wembury, I wrote the letter
bearing date the 30th of July. Their Lordships, in quoting an
extract from this letter, state," in which, amongst other things,
he informed Sir E. Thornton that the Hussar would not be
ready for his reception under 10 or 15 days." With submission,
I must here beg to point out to the President and Members
of this Court; the obvious difference of my communication.—
In that letter I told Sir Edward Thornton, " that I believed
the joiners of this yard would not get their work out of hand,
ready for his reception, in 10 or lb days.'
.I did not say that
the /bazar would not be ready for has reception under 10 or 15
days, I merely advanced a belief that the especial preparations
for his reception would not be compkted in ten or fifteen days,
and at that time I was not in the slightest degree impressed.
r with the belief that there was urgency to the public service on
which I was ordered ; but on the contrary, as their Lordships
directed, in their order of the 24th, that all convenient expedi-
tion should be used in proceeding to Lisbon, when Sir Edward
Thornton was embarked, I understood that it was their Lord-
ships' pleasure that he should be received and accommodated in
the manner due to hisrank, and that when he was on board, there
should be no unnecessary delay in proceeding; and moreover,
the lion. Commander-in-Chief will tell you, and so will Corn-
niissioner Shield, that neither of them was impressed with an
idea that any extraordinary urgency or dispatch was required
in the fitting of the ship. I could not, from the tenor of this
order, understand that the service on which I was ordered was
so irapoytaet as to mato me, in the slightest degree, culpable
for having informed Sir E. T. when it was probable that the
joiners would have completed his accommodations. I humbly
apprehend that, when this letter, in all its points and bearings,
is considered, and
particularly the sentence immediately pre.
ceding that already (ptoted—andperhaps, you be good
enough to it me the probable time you may wish to embark
—the Court will not only acquit me of any intention of delay-
ing the service, but be convinced that it was my anxious desire
to expedite and forward it, and to *hew and afford to Sir Edward
Thornton all the attention and accommodation to which, owing
to his rank, he was entitled.
It is here necessary that I inform the Court that Sir Edward's
residence is distant three miles, at the least, from Bovisand
Bay, the nearest landing-place to it, and seven miles from Ply.
ineuth-llock. It will appear, in evidence, that, from the 3d
of' August to the Bth, I daily sent to Inquire if Sir Edward
Thornton were returned, thereby evincing the greatest anxiety
to communicate with him. On the 7th I received this order
from Sir Alexander Cochrane :
" Britannia, in Haman, Aug. 7, 1823.
" In pursuance of orders from the Lords Commissioners of
the Admiralty, it is my direction that you proceed immediately,
with the ship which you command, into the Sound, and that
no arrangements be made on board which can prevent your
sailing the moment Sir Edward Thornton shall have embarked.

To which I replied as follows
" His Majesty's ship Hussar, Barn Pool, Aug. 7, 1823.
" Sin—With reeerence to your order of this day's date, di.
resting that-his :Majesty's ship tinder my command should pro-
ceed immediately into Plymouth Sound, I beg. to state that our
starboard hawse-holes being unbelted and fitting (as I under-
stand, agreeably to. a Navy Boaid eider), for an additional
chain-cable, it will be impossible for me to proceed this day
into the Sound, but the Commissioner having directed that the
fitting for the chain-cable should be discontinued, and hawse-
holes bolted as before, when that is completed I shell not lose
a moment to obey your order e and I beg farther to state, that
with respect to the necessary accommodations for the reception
of Sir Edw. Thornton and suite, the joiners have not as yet com-
pleted them, but in all other respects his Majesty's ship under
my command could proceed to sea at an hour's notice.—l have
the honour to be, Sir your most obedient humble servant,
(Signed) " GEO. HARRIS, Captain.
"'To the Honourable Sir A. I. Cochrane, G. C. 8., Admiral
of the Blue, Commander-in-Chief, &c. &c. Plymouth."
I trust that neither their Lordships, nor the President and
Members of this Court, will consider me to be deficient in due
respe,ct, if, in self-defence, I express my regret that their Lord-
ships, in arraigning In fore a Court-Martial my conduct as an
officer, which has hitherto at least been without reproach, do
not think it requisite to inform me of the source from whence
their Lordships have derived the representations on which they
grounded their accusations, which informed the Court that " it
was subsequently represented to us that the public service was
delayed, in consequence of the ship not being ready ;" but
they have not informed the Court, nor even,
theindividual ac-
cused, from whom this information was received. It could not
have been given by the Honourable Commander-in-Chief at
this port, because I shall prove that I had almost daily commu.
nications with him upon the actual state of the ship for the im-
mediate service on which she was ordered. It could not have
been from the head of the Civil Department of this port, be-
cause he will tell you, that after I received their Lordships'
directions of the hth, received on the 7th, that no fitting
should cause detention, I more than once expressed meeinxiety
to get Sir Edward Thornton on board, and that, in my ne-
cessary applications to him for assistance, my exertions in
completing the accommodations merited his entire approba-
tion, having regulated and timed their completion so as not
to have delay ed the public service : but to have held myself in
readiness to put to.sea (wind and weather permitting) the hour
after Sir E. Thornton might have thought proper to embark.—
Noe could it have been the Right Honourable Person whom I
was directed to receive on board, because he possesses too
honourable a mind to allow the reflections due to his own con-
duct (if any blame were imputable) to fall on another person.
1 well know that his just and upright feelings would disdain-
fully spurn the idea of endeavouring to fix the charge of neg-
lect,' or delay, in proceeding on his mission, on anyofficer,
when that officer had evinced the most anxious desire to mil
the moment the Minister whom lie was ordered to convey, was
on board • and here, humbly, I presume that I may be allowed
to remark,' that when an officer is directed to receive on board
his ship a person of such high consideration, it is not to be
supposed that a person selected for such an important repre-
sentation was not the best judge when it was proper for him to
proceed, and that he was not disposed to execute promptly the
objects of his mission, but required urging by the Captain or.'
dered to convoy hint. On the receipt of the afore-mentioned
order of the 7th, I waited on Sir Alexander Cochrane, and
gave him my letter of that date, which I have just read, and
again stated verbally that his Majesty's ship under my com-
mand was ready to proceed to sea direct from her moorings, if
requisite.
Not knowing where Sir Edward Thornton was, he not hav-
ing answered my letter of the 30th of July, and knowing from
daily.application that he.was not at his seat at Wembury, I
stated it to be my intention to get a horse the next morning,
and ride to Wembury, as perhaps he might arrive that night,
his servants in'the morning having said that he was expected.
With,this Sir A. Cochrane was highly pleased, and expressed
his approbation of my conduct. Accordingly, on the Bth, di.
reedy after my breakfast, I procured a horse, and rode out to
Weinbury, being anxious to communicate to Sir Edward.
Thornton the orderi had received, hereinbefore mentioned, of
the 7th ; but on inquiring foriiim at hisbouse, I was informed
that he wits not arrived. 1 then expressed my desire to see Lady
Thornton, in the hope that I might be able to learn from her
Ladyship when Sir Edward Thornton was expected; but was
informed by the serv.rnt who carried My message to her Lady-
, ship. that teie wan too ill to see me, but that Sir Edward Thorn-
ton was expected that night, or on the following day. On the
10th, in the afternoon, I received Sir Edward Tliorntou's letter
of the gib, and previous to my sending Lieut. Elliot with my
answer to the same, I waited on Sir A. Coe:lrene *hewing him
my letter of the 30th July, the letter of Sir E. Thornton'* in
answer, and a copy of my intended reply of the 11th ; and I
immediately wrote and dispatched it by Lieut. Elliot. Not
having been able, owing, to duty, to attend on Sir Edward
Thornton's indefinite appointment, as the senior Captain at this
port was mustering the company of his Majesty's ship under
my command, and feeling that it was not altogether becoming
the character of a Captain of a British friga.te to loiter away his
time at an inn, on the chance of being inquired for towards
three or four o'clock," I considered that did my duty in send.
ins a commissioned officer with this said letter of the 11th. It
will appear to the the Court thati directed Lieutenant Elliot to
state my ship to be perfectly ready for sea ; and again, that on
the 13th I repeated to Mr. W. Turner, Secretary of Legation,
that I was ready for sea the instant Sir Edward Thornton
would come on board ; and that on.the 16th I wrote to the same
effect, and in addition, stated that Sir Edward Thornton's tic.
commoclations were reported to have been
he comp at the leted ; that on
17th I saw him at his house and again said t litissar
was ready far sea ; and it was on this day, and not till this day,
notwithstanding my previous communications and letter of the
30th July, that Sir E. Thornton informed me the day and hour
on which he wished to embark, when he mentioned the 19th,
at three P.M. ; and, therefore, it is manifest that the delay, if
any, in his embarkation, was not caused From any impression
occasioned by the expression of my belief of the time when
the joiners would have finished their work ; but, in fact, by
his not being ready ; at that time little or nothing of his bag-
gage was do board, to embark which occupied the greater part
of a day. Their Lordships are perfectly correct in stating that
it was not until the 11th 1 made known to Sir Edw. Thornton
their positive order of the 7th, but the Court will do me the
justice to observe, that I could not have done so on an earlier
day, because that I on the Bth, in the morning, sent to
obtain information of Sir Edward Thornton, and I went to
his house myself before noon, intending to skew to him the
said order, and that it was not until the 10th at noon that I
had the slightest knowledge of his address, finer before hav-
rt,
ing been favouredrtei ipe replied,
ew d
weather
h,tl
ell anti
bweigll reply,
tpermit,of
ot a
do prrmdkeoenwaboynyateT
communized
betweenet
Thornton
judgment,wet
hootnrhl
Ineotieapor
ntfmwhi
hnt
teeyitlt
hoodie el
not
niirwa,,,hauhnn3
armt heelthstt:uahi thedat
,iefvcamsei
such
July. On the 16th the joiners being about to quit the ship, -I
d
e
st
ith
d
e
as
ssgfibvawuhrersve
toaoncetltaut
shall be
sudinei
asdebti
eytorreeildl
could
()bill. Edward Thornton a note from the Admirals Of-
fice, acquaintinee him of it, being anxious to give him every
.1/formation. Of this note written in haste, not then deemed
to be of importance, I did not keep a copy, but to the best
recollectionotibTtinidimeotritytlenievltoioarermorrow
otiwieLordships,
joinerstoha itv
have
was,w, wordedraecmreleueirmethredirwtoeordtaotkth.i:et,heeeaffBAecwierdttmaseEirdrseadawtal
atoedryarl
cotonimlladtplebhteieds
goodness to give me the •earliest possible notice of it, I
t
n
dcosdhdsereyhea
sn;watpeus permit,ahmptv ahmepaertcryi
Lieutenantneo woindutoo.sitEt
eoSirendstevi ori
owneni thtnaE
nd
tly
'wcleBoctkw,arithl.at Asa
Isreiett wives(' atth ias
tlatehatimi
°aunt. ye
of the
eovfewaaiargs,allpeadattosixthee
letter from Sir Edward Thornton, I could not the same night
inform him that the wind then blowing was no impediment to
the ship's sailing; but so anxious was Ito remove any such
;
tnly7 expeditet , myself, not being able to procure a none,
prestion from his mind, and se unwilling that any deficiency of
exertion t he
thatret a rot thethe publicfollowing
amorning,
iringa szo..
eexageretriownason m I
Sunday, the
walked to Wembury that I might see Sir E. Thornton. On
arrival there, I found Mr. Turner and Mr. Pole. -It was then,m-
es I shall prove by evidence, that Sir Edw.
. Thornton, in
direct
contradiction of his letter of the previous day,
informed me
that he was not ready, nor could he be so until Tuesday, at
three P.M. I more than once told him h
ready, and could sail immediately if he pletasaetdd. le Hume was
offered the service of my boats to embark his baggage, of then
arn
only a few cases were already on board, and-of
which
only
would facilitate its embarkation made arrangements
it was agreed to take place at three differenton the next day, and.
Ply-
mouth, the Dock-yard and Bovisand placeii—at
the service, when Sir Ed. Thornton Bay. Anxious to forward
forgotten to ask permission for °lll informed me that he had
the Dock-yard, I
undertook to carriage to embark from
Shield would not object to it. furthertsromise that Commissioner
pleasure of being personally known said, that I had the
certain, that although that gentleman to Mr. Whidbey, and was
riot object to Sir Edwardgentleman were absent, he would
grounds by his Private
road, Thornton's carts passing through his
saved. In addition to all this I,
much time would be
to Sir Edward Thornton s, I, without any authority, offered
could afford, and his bargeany assistance
Sir Alex. Cochrane
Minister
on board
;_of alt to convey the Right Honourable
I reported Sir Edward Tli which, when en the following day
ornton's intention tO embark on