The Sun.
London, England, 1829-09-12 00:00:00

More regular, to have giyen the explanation of it
which the Vice-Admiral himself afterwards gave,
he thought fit at once, with his own hand, to cor-
rect my return, making it in that shape which he
deemed to be most correct, and so he sent it to the
Admiralty. How, then, was it possible, in the
nature of things in the whole of this transaction of
the return, that there could be a mis-statement on my

part, by which I gained or had conferred on me any
honorary distinction ? The Vice-Admiral and
myself were the only parties to the transaction.—
Where, or With whom, if any incorrectness existed
herein, did such appear, but to the Vice-Admiral
himself, anti by the Vice-Admiral Only ? and ac-
cording to his judgment, it was corrected before the
return had his sanction. To him &one, in the
first instance, the return was confined, to him
it %vim, addresSed, and his eye only it reached

_ .
on its first coming from me; and he was not
thereby prevailed on, nor had he it in his power if
he would have done so, to have conferred on
me any honorary distinction. And those distinctions
wh►ch were afterwards presented to me, (three of
Wh►ch -I have now the honour to wear, and they

commanded by Captain (then Commodore) Ba-
thurst, and the manner in which she, with the
Albion, took their stalimis,' the Vice-Admiral says,
in the public despatches ' was beautiful.' The
Genoa was moored %with her springs ; and, in truth
she did, as it is proved to you, at once take up
her station, and there remained, without shifting
during the whole of the action. And Mr. Rein-
agle's plan of the battle clearly shows her lying
exactly parallel with her opponent. Here, then,
there was no disobedience of orders. But an im-

were wholly
unsolicited on my part), could only
have been conferred in consequence of the official
representationts•which the Lord High Admit'al pub-
lished to the world by the Vice-Admiral's own
aespatches of- the exertions of. the officers engaged
in the battle. And I submit that it must be ob-
l/ions to those great personages who thought me
110114 of their distinguishing notice, that the en-
lire responsibility of the Genoa, and of all the share
she had in the battle, from the moment of Captain
bathurst's fall, attached solely to me ; and without
detracting for an instant from the merits of those
highly respectable officers Captain Baynes and Camp-
bell, I must say that they had neither of them, in
their respective ships, a responsibility similar to that
which I had, and enhanced as mine was by the me-
lanchol, event which had developed it on me. And
I 4ubmit that neither my return to the Vice-Admi-
ral of the killed and wounded, nor the two entries
in the log, could be known to those great personages.
I maintain, then, there could be no mis•statement of
mine reaching the Emperor of Russia, or any of his
Ministers or officers, in this respect, by which I
gained any honorary distinction which would not
otherwise have been conferred on me. My own re-

turn, if it really were mis-statement' (and which
the Vice-Admiral now at least chooses to think it

.was), was for the Vice-Admiral only, and he altered
it before he transmitted it to his Royal Highness

the Lord High Admiral, ',lowing with his own hand
and signature thdt Captain Bathurst was severely
wounded (when, in fact, it was not only so, but mor-
tally wounded), and died during the night. Yet
*Ma Royal Highness did not see such a distinction
(whatever might be the nature of the wound) was
•necessary to be inserted in the public return, and
Captain Bathurst's name was, therefore, placed in
the London Gazette in the list of killed, without

portant variance occurs, in this part of the charges,
between the second and third letters of the Vice-
Admiral. In the second letter, it is stated as a

fact, that, owing to the Genoa's not using springs,
the fire of her own opponent would not have been
silenced but fur the exertions of the other ships of

our squadron.' In the third letter this is wholly omit-
ted. Front whence I wish to submit, that the Vice-
Admiral abandoned that part of the charge which
says, that owing to the Genoa's not using her
springs, the fire of her own opponent would not
have been silenced but for the exertions of the
other ships of our squadron,' he, no doubt, feeling
on further reflection that he could not maintain it;
and in point of fact he cannot; nor has he substan-
tiated it any evidence before you.
" The second letter states, that the Genoa did
not use her springs as the other ships did, but en-
gaged with her stern and quarter guns otily.'
" The third letter states, that the Genoa could
not fire any of her guns except those of the stern
and quarters without endangering the Asia, and
others of the Allied squadron on her larboard side.'
The not using the springs, and the firing the stern
and quarter guns, are, then, the charges to this part
of those two first letters; and the third letter is but
another version with additions. And I must con-

tend, and that, in point of fact, is established before
you in evidence, that no ship could be endangered
by the fire of the Genoa from her larboard side, for
that only two of her shot were ever fired from her
larboard side, and which were the two aftermost
guns on the lower deck, in the gun-room. And as
soon as it was discovered that oUr people were firing
from that side, Captain Smith instantly went down
and stopped them, so that no other gun was after-
wards tired from the larboard side, and consequently

it was utterly impossible that any of those ships
could be so endangered. But the third letter of the
17th of July then goes on to state, part positively
and other parts conjecturally, that, consequently,
shot which injured the Asia, and which came in that
direction, were apparently fired by the Genoa, and
that the Genoa did positively fire into the Albion,
probably (according to the log-book) mistaking that
skip for one of the Ottoman fleet, although the Al-
bion had an English ensign at her mast-head, to
prevent such mistakes.'
" The expression here in the first of this para-
graph used, that shot were apparently fired by the
Genoa,' is as vague and inconclusive' as it is void of
fact. It is utterly impossible, in the position in
which the two ships were, that any shot from the
Genoa could have struck the Asia, except only it

Any qualified terms attached to it. I pray the Courl
to consider that months afterwards, the Vice-Ad.

miral himself, with his own hand and seal, transmit-
ted the. very order in question to me in the Medi-
terranean, when I was in command of his Majesty's
ship Wasp; which time, if he conceived (as he had
the same reason for it us he has now), there was

were the Genoa's stern chase guns. But Captair
• -

Smith ha
s sworn that he is positive, beyond the
- - •• -

slightest doubt, that neither of those guns did strike
the Asia ; that the Asia was, at no time of the
battle, so obscured by smoke as not to be seen suf-
ficiently from the Genoa, and so as that the stern
chase guns of the Genoa might be pointed perfectly
wide of her; and that they were so pointed wide
of her, Captain Smith has proved, and all the other
witnesses I shall call of the Genoa will confirm, and
that the Genoa did not tire into the Albion, mistak-
ing her, as the Vice-Admiral says, ' probably' for
an Ottoman ship. And those officers, as all the rest
I shall call, will all positively confirm each other in
this'most important fact, that, as it was unceasingly
the anxiety of every one .at his quarters, so -they
never for a moment were under the least mistake as
to the Albion or her position; and that the utmost
means of preventing this was repeatedly taken, by
warning and cautioning both officers and men, as
well on the main as lower decks. And Captain
Smith, in particular, has proved his own conveying
the orders down from myself on the quarter-deck
for that purpose; and that the Genoa several times
ceased firing, that the smoke might clear away, to
prevent the possibility of our firing into the Albion,
or into any of the Allied ships, bad any been in that
direction. And besides this, the Halcyon and
Daphne—two French schooners, as they are accu-
rately drawn in Mr. Reinagle's plan, lay close on
our larboard broadside, and it would have been im-
possible for us to have fired our larboard guns with-
out firing through or over those schooners.
" Then, Sir, as to the important charge of negli-
gence and disobedience, in not using the springs,
which in both the second and third letters are im-
puted to me, and whereby the consequence, it is al-
leged, resulted as before noticed. In the third letter
the same charge is repeated, and in some respects
more ample; and as the third letter may be con-
sidered as a condensation (if I may use such a term)
of the charges, it should be considered as specifically
stating them. Now a material variance and incon-
gruity exist between the two. The second letter of
the 24th of June, charges me that this resulted from
not using the springs—namely That the fire of the
Genoa's opponent would not have been silenced
but for the exertions of the other ships of our
squadron.' A clause similar to this in substance
or inference is no where to be found in the third
letter of the 17th July. I have a right, there-
fore, to urge it to the Court that the Vice-Ad-
miral abandoned that feature in this charge which
at first imputed to me that the fire of the Genoa's
opponent was silenced only by the exertions of the
other ships of the squadron ; but whethee it be
abandoned by him or not, yet stripped of it, then
the remaining points in this charge are thus to be
identified—first,. that I did not use the springs;
next, that in consequence thereof only the stern and
quarter guns were engaged ; next, that shot which
injured the Asia were apparently fired by the
Genoa ; next, that the Genoa did also fire into the
Albion, mistaking her for one of the Ottoman fleet;
and lastly, that I was reproved by the Vice-Admiral
for not using the Genoa's springs, and accounted
for it by my inability to get the men from their
guns for that purpose ; and it was nevertheless in-
serted in the ship's log-book that the springs were
used, but which, together with the account of the
battle stated therein, was erroneous. Now, Sir, as
to the first of these points, I contend that the springs
were used, in the most efficicient and successful
manner, that it was impossible to be done throughout
the whole time the command had devolved on me,
and that, as much as possible, our broadside was
kept'to our appointed opponent. I had the utmost
anxiety as to the springs, feeling its great import-
ance, and I therefore gave instant orders to Captain
Smith when I thought it necessary, and went below
to the lower deck myself, to direct the operation in
person.
" Next, Sir, as to the stern and quarter guns,
that they only were fired, I simply answer this by
a positive and complete denial of it. I maintain, on
the contrary, that not only were the stern and quer-
ter"guns tired, but the whole broadside generally
brought to bear on our opponent with due effect.
" Next, Sir, that shot which injured the Asia were
apparently fired by the Genoa, and that the Genoa
did positively fire into the Albion; the evidence of
the officers whose station on board the Genoa dur-
ing the battle best enables them to speak with the
utmost accuracy to this fact, completely rebuts this

any mistake in granting it (and he, as the Com
mander-in-Chief, being the official channel through
which the order was conveyed to me, had a right to
exercise such a discretion), he, I submit, should have
retained it till he had inquired of Count Heiden
whether there was such a mistake in it or no; and,
moreover, that previously, as it has transpired to
you in evidence from the Vice-Admiral himself,
Count Heiden had applied to him for a list of offi-
cers serving in the English squadron, of the rank of
commanders and upwards, as he knew the Emperor
of Russia was desirous of showing some marks of
his admiration of the English squadron, and the Vice-
Admiral gave him a list accordingly, including my
name in that list. But another observation occurs
here. As the Vice-Admiral, in the charge I am
now discussing, in effect (notwithstanding all that
has been urged) imputed to me that I surreptitiously
obtained an honorary distinction by reporting Capt.
'Bathurst killed in the battle, when he did not die
tin several hours afterwards, I pray the Court only
for a .moment to consider the Vice-Admiral's own
public despatches, without any reference to the killed
and wounded from each ship, or to any official re-
port made by me as to the Genoa in particular. The
Vice-Admiral in those public despatches says, ' His
Royal Highness will be aware that so complete a
victory by a few, however perfect, against an exces-
sive number, however individually inferior, cannot
be acquired but at a considerable loss of life ; accord-
ingly I have to lament the loss of Captain Bathurst,
of the Genoa, whose example on this occasion is
well worthy the imitation of his survivors.' And
here it is to be remarked that Captain Bathurst is
the first named by the Vice-Admiral of three deaths
of officers, and he thus first announces him publicly
as amongst the slain. And such an annunciation it
only could be, for only what was published in the
London Gazette was the accredited notification of
it; and such notification, blended with the Vice-
Admiral's including my name in the list of English
officers to Count Heiden, alone could influence the
Minister of the Emperor Russia in the bestow-
ment of the distinctions. And he thus demon-
etrates for me, not only by his own hand-writing,
big by his own conduct and evidence, how totally
void of foundation is the charge that by means of
such alleged mis-statement I gained, or had confer-
red on me, any honorary distinction, or could have
had any view-to such.
" One word more, however, before I leave this.
The Vice-Admiral, in his letters and in his evidence,
is repeatedly recurring to an alleged reproof which
he says he gave me for making this false return, as
lie calls it, of Captain Bathurst's death. Now 1
do most solemnly, in the face of this Court, and of
the whole world, protest on my honour, mid I am
kwly to verify the same at all Limes on my oath, that
. I never did receive any such reproof from him at
.any time, or on any occasion whatever.
" The next charge against me, as it appears in
the Vice-Admiral's letter of the 24th of June, is
That wherein he says that the Genoa did not use
her springs as the other ships did, but engaged with
with her stern and quarter guns only.' And in the
Same letter it is afterwards added, that according
to a copy of what he understands to be the ship's
log.the Genoa is stated to have used her springs,
although Captain Dickenson admitted to me that
lie had not done so owing to his inability to get the
inters away from their gums; and that he is there re-
ported to have successfully engaged all the three
Puma!' ships of the line, and one more double fri-
gate than there were in the fleet; when the fact is,
that owing to her not using her springs, the fire of
her own opponent would not have been silenced
but for the exertions of the other ships of our squa-
Oran.' And in the letter of the 17th of July, it is
gharged that from not making proper use of the
springs directed by his order of the 19th of October
to be placed on the anchors, the broadside • of the
Genoa was not directed to her regular opponent in
the Ottoman line ; and 014: in such a position she
could not fire any of her guns except those of the
*tern and quarter, without endangering the A.sie
and others of the Allied squadrons on her lurboard
side, and the Albion and others on her starboard
aide.; and that consequently shot which injured the
Asia, aud which came in that direction, were appa-
rently fired by the Genoa; and that the Genoa did
positively fire into the Albion, probably (according
to her log-book) mistaking that ship for one of the
Ottoman fleet, although the Albion had an English
ensign at her mast head, to prevent such mistakes.
" Now, Sir, in repelling this, 1 fear, from the
repeated recurrence I must in explanation, have to
its different variations, I shall unavoidably get into
some complexity; but I will humbly attempt to
Point you to the proper discrimination of each, as
clearly as I can. I first advert to the order of the
Vice-Admiral of 19th October, which is here re-
ferred to. These are its words:--6 If time permits
before any hostility is commenced by the Turkish
tegt, the ships are to moor with springs on the rings
of each anchor.' The Genoa was at that period

charge.
" And the witnesses on the part of the pro=ccu•
tion ; first, Captain Ommancy, of the Albion, •
could not say that any shot which struck the Albion
did come from the Genoa. Capt. Drake, then his
First Lieutenant, and Mr. White, then the Master
of her, could not say that any such did strike her;
and Mr. King, who was Second Master of the Al-
bion (and for whose arrival from Ireland the Court
were so long kept from assembling), could only say
that he observed some grape-shot to come in the di-
rection of the Genoa at the very early part of the ac-
tion, but he could not be positive that they actually
did come from that ship; and both Mr. King and
Mr. White proved that the English ensign was not

hoisted at. the Albiongst deemed to ontain finally the specific charges against
firing had occurred ; and to the conj"rY me ; and I ami fairly to infer that the. Vice-A..1„ai.„1,
feted former state•
that, although Mr. King came twice aft 4:1-1!"th meat on this you on furtherr.ei.ecatiduri,
of the 24th June, ee
leged firing from the Genio7laa,Bl:lre.atNlVnell,:lelof toldtt:
l'eheref'ore
forecastle to him on the quertiseedeck to note.'
I incorrect, aiev.t .oa h( thatwriting
could not ventureite
and he returned to the forecasile, accompanied ti' EC:rate, it, h
lit. then'atshe his letter of t
Captain Ommaney and Mr. Wle•te, to ascertain it, Jiii;ree s
the charge in this respec,,
second letter of the 24th Juee,
yet they neither could ascertain it, and Cap- is: cor:-:*;e'l 111-
abandoned, and I have to an-
Ommaney could not say it was so; of this, must be detsuled be
es given in the third letter of
therefore, there was not the least evidence, and saver only this (barge,
had it really been so that any shot from the Genoa, the 17th July; bi:it . if, on the contrary, the letter
in the hurry arid confusion of the battle (when we must be taken as an exp.':illation only of the former,
were using every caution to prevent it) did touch lam then to view both tope-;;;:'; containing the spe-
the Albion, I trust it is not imputable w any negli- cification of this charge against me; ;2(1 whatever
gence or remisness on my part, or of those under may be the judgment of the Court thereon, I have
my command, when it was the utmost anxiety of all merely to say in answer to either and to both, that
to avoid it, and every possible caution was used to the Court has gone into evidence on the comparative
prevent it. damage sustained by the Asia and the Genoa, and I
" Then, Sir, as to the reproof the Vice-Ad- hope to elicit that which the Albion received in the
miral says he gave me for not using the Genoa's battle. This will enable the Court to decide on the
springs, I can only again and again say, that until I respective quantity of work which we had to do,
saw it in the Admiral's letter so imputed to me, I and whether, as stated by the Vice-Admiral, the
had no idea that he even considered it a fit subject Genoa was less damaged than the other ships, and
of reproof. On the contrary, when he came on whether our refittal was unjustifiably tardy. The
board die Genoa in the evening after the battle to fullest evidence which I can adduce will be brought
visit the dying Commodore, he took that opportu- under your consideration ; and in justice to tile
pity, on returning from the cockpit, to express him- officers and men of the Genoa, I trust that it will
self to me and Captain Smith, and my officers near convince you how great in fact their exertions were
us, in the most gratifying terms of approbation of to get their ship refitted and ready to proceed ace
the whole of our conduct—not oiely as to the po- cording to the Admiral's order,. Some of the of-
sition the Genoa had taken up at Lire commence- fixers who were called for the prosecution did, it ap-
merit, but the gallant mariner in which she had sus- pears, entertain a notion that we were inferior in that
tamed it throughout the battle, arid the ;ereat sup- respect; but if the evidence as to the greater de-
port she had given to him, adding, that he .not only mage which we had to repair shell nor fully
expressed it there, but that he had dune se' in his satisfy the Court on this head, I would
own ship, when none of us were present ; tod on submit to its consideration how much greater
my then previously, at first meeting him in the gaeig- was our loss in killed, and our consequent die
way, oil the head of the quarter-deck, on the lin,- minutio:i of strength; but, above all, I would re-
board side (which was the first time of my seeing , mind the Court of the loss which we had sustained
him), I apologised for not being present on the in the death of our Captain. This latter loss was
quarter-deck when he came on board to conduct so much more important, under the circumstances,
him to Captain Bathurst, telling him that I was as it left the Genoa under the direction of the
attending to the guns, to get them ready again for humble iedividual now before you, to compete with
action. He said to me it was of no consequence— ships commanded by such distinguished individuals
no doubt you were well employed. And I still as Captains Ornmaney and Curzon. The A.s'ia es-
aver, that the only olaservatiern which the Vice-Ad- pecially had the important advantage of having the
miral at any time ever made to me on the subject presence and the personal encouragement of the
of the springs was, I repeat, when we had arrived Commanderein-Chief himself, to stimulate the exer-
at Malta after the battle, on my going on board to tions of the crew. And here, in justice to the crew
pay my respects to him ; we were then in converse- of the Genoa, I must say that it was impossible for
tioa together for a very few minutes, certainly not men to exert themselves more to get the ship ready
exceeding five, in the Admiral's cabin, speaking of for sea than the Genoa's did ; that they worked
the battle; and he was inquiring of me about the night and day, the hammocks riot being down for
springs; arid on my explaining to him how reluct- five nights;
ant the men were at first to be taken from their as in any contradistinction to what was done in other
guns, the Governor at that instant passing ships, but only to show the unceasing labour of the
under the stern, and the ships being in qua- Genoa's crew. It evils not possible for men to be-
rantine, our conversation was suddenly inter- have better; and there never was a moment, from
rupted, and we had no opportunity of its renewal, the time of entering the port to leaving it, that we
and I never heard more from him respecting it were not ready for action, and to renew it, if called
until I saw the charge in his letter. And, cer- upon. Aral, as one proof of this, when, on the 21st
tainly I must therein assure the Court, that there at 2 p.m. a Turkish frigate was seen running down
was nothing in the tone, manner, or gesture of the under her jib only, arid apparently stolidly towards
Vice-Admiral, at the time we were thus conversing us, we hailed the Asia, and asked if we should fire
together, that in the least indicated that he was upon her, and received from the Vice-Admiral, in
either angry or displeased on that head, but the answer, that he thought sine had no hostile intention,
very contrary, every question evincing the most but if 1 found she had, then I was to open tire upon
friendly disposition. There was no one present to her ; but she afterwards ran amongst the Russians,
hear what did pass, between ns, so that this is a who fired upon her, and took possession of her, Arid,
fact to which I can only oppose my most solemn as the watch from the Glasgow, which was sent
assertion, maintaining, as I do, with all respect to to the Genoa on the fourth day after the battle, at
the Vice-Admiral, that he is wholly in error, and the instance of Captain Ommaney, they assisted us
incorrect in his recollection, in stating that he then from six to eight hours, but wecould have done ell that
reproved me. But that the Vice-Admiral's memory was necessary very well ourselves without them. And
fails him is admitted by himself, and several strong I assert that no official or non-official application was
facts have come out in evidence showing how [Ms- ever made by me for assistance, as we did not feel that
taken he is in several assertions made by him, any was necessary, nor is it proved diet any was
composing a very material part of the charge made by me to the Vice-Admiral or any 'other
against me—first, he states that lie came on board officer; but this, I conceive, is not in the least any
the Genoa on the evening after the battle, to visit material feature in the charge, contending, as Ido
Captain Bathurst, and that I then conducted him, and I trust I shall successfully prove in evidence,
with a lantern, to the cockpit, he admitting that he that the utmost possible exertions were used by me,
did not then personally know me. And he denies. without the least tardiness, to get the Genoa refit.
that he bestowed any encomium at that time upon ted; and that in point of fact we arrived off the
the quarter-deck of the Genoa—on her officers and harbour of Malta before the Asia did, and got to
ship's company, for the manner in which they had the moorings in the harbour 20 hours before her.
conducted the ship after Captain Bathurst fell. Now And as i 0 the imputation that the slackness of the
Captain Smith, who had been sixteen months a Genoa prevailed on her passage to Malta, my de-
Lieutenant under the Vice-Admiral, and could not fence must rest on the evidence as far as it confirms
but be known to him, proved that it was he and not the following statement. When we left Navarin
myself who -eonducted. the Vice-Admiral with a the Genoa had her proper mainyard across, which
lantern down to Captain Bathurst. And the Purser being heavily fished, added of course to its weight
and Surgeon's Mate have confirmed this fact to on the wounded mainmast. Nine of the main
you, for they were present in the cockpit at the shrouds being new and unstretehed rope, we were
time that Captains Smith and Robinson, as well at first very apprehensive as to the quantity of sail
as Lieutenant Start, all of whom were on the the mast would bear, and the first two nights being
quarter-deck on his coining on board, confirmed dark and stormy, I thought the utinost caution and
also that I did not see the Vice-Admiral till he prudence necessary ; and as the Asia had jury yards
was returned from the cockpit on the gangway, on her mainmast, and was consequently not under
where I met him, and when he expressed the high-
tee same necessity to be careful, I hope that our
est approbation of my conduct, and that of the offi- having dropped somewhat astern at first will appear
eers arid crew of the Genoa, in maintaining her po- to be sufficiently accounted for. I can only add,
sition so gallantly during the battle. And further, that as soon as we acquired sufficient confidence in
when he said in his evidence that he had reproved the security of our mainmast, I carried on it all the
me at Navarin for my handing him the petition ' sail that appeared necessary : and that as the Ad-
which he calls the Round Robin, it is proved, by miral did not reprove me by signal or otherwise, for
the production of that petition, that lie is wholly hi slackness in that respect, I never suspected his dis-
error, that it was impossible such reproof could have pleasure on that score until these charges were
taken place at Nayarit), and that the petition itself framed. But it is not irrelevant here to notice, that
could not have been delivered to him till several in consequence of our having a strong and good car.
days more had elapsed, and which must have been penter's crew, and their time and labour being so
after our arrival at Malta, making twelve days at well and efficiently applied both at Navarin and on
least, and this, at the very moment, in point of time, the passage to Malta, we did not require either of
when he was giving me, according to his own state-
tee lower masts to be taken out at Malta, arid were
went, his reproof, he was sending me the General able to proceed from thence, after fifteen days' re-
Order of Thanks of the 24th October, which I pro- fitting at that port; and that our mainmast, crip-
duced at the outset. And I may here observe, pled as it was, was yet able to take us to England
that I was.in the Wasp, under the command of the in 27 days, having a very boisterous passage, and
Vice-Admiral, in the Mediterranean; but there without the slightest accident to the hull, masts,
never was the slightest hint, either directly or indi- yards, or rigging:
rectly, of any latent feeling of objection to my con- cc The next charge in the third letter is, ' that the
duct in the Genoa that ever reached my ears from Genoa continued firing after the battle was over, et
the Vice-Admiral. Then, Sir, as to my erroneous the risk, and to the probable injury of the Allied
statements in the Genoa's log book, I can only say, ships, until hailed from the Asia to cease.' This
once for all, that every insertion in it is made with is wholly in the third letter, not having been in the
the utmost accuracy which the observation andjudg- least touched upon in the first or second ; and one
meet of myself, the master, and other officers would observation occurs to me here, which I submit well
allow us, strictly confining ourselves to fact. And applies to all the Vice-Admiral's charges,—that it is
Ido aver and maintain, as I conscientiously believe, evident he is now bringing them chiefly from his
that it neither required material revision or COITeC- recollection : and I may, I hope, without a breach
tion; arid every officer of the Genoa will prove of propriety, urge that it is impossible at this dis-
that it is strictly correct ; and the Court will them- twice of time, in all the confusion of circumstances
selves judge much of its accuracy by their own attending a battle of this description, in so eenfined
observation of the manner in which it was kept.— a space, and with such an immense number of ships,
Arid here I beg to say, that it was never meant to as it were, concentrated, arid, I had almost said,
imply that the:Genoa was opposed, and had success- mixed together without distinction, and particularly
fully engaged the several ships enumerated in the after the Russian: got into action, and as the Vice-
log, but simply as it is the usual practice to state the Admiral himself admits in his general orders of the
relative bearings of the principal hostile ships at the 19th October, issued prior to the battle, wherein
moment the Genoa anchored in her appointed sta- he says—' in case of a regular battle ensuing, ari'd
tion ; and, I submit to the Court, there is no ex- creating any of that confirsiort which must naturally
passion to be found in the log which in the least arise from it' (a proof as it is that he himself had
justifies such an implication, the tenor of it only anticipated the confusion, as a natural consequence
shewing what ship we considered our regular oppo- of a general action which would ensue)—it is also
nent. So much, then, Sir, as to the charge that the impossible for the Vice• Admiral to be accurate in
springs were not used, amid the consequences alleged his recollection of the occurrences he would touch
to have resulted from it. upon in his charges, and consequently much of
" The next charge, in their order, as they appear- them must unavoidably be founded in error; and
ed in the Vice-Admiral's second and third letters, is, such is, therefore, really and truly the case as to
That 'the wizen-mast was allowed to go by the this charge. It happened that some, time after our
board the day after the battle;' and, in the third appointed opponent appeared to have been silenee,
letter, it is said c for want of being properly secured,' a large marble shot was fired from her, wiss',eit lined
To this I can only answer, that it was badly wounded arid wounded several of our people ; :it was iminedi-
and nearly cut through 10 or 11 feet above the deck, ately returned from our g'eris, -and elinost at the
and that every possible means which seamanship same moment tea Vice-Adeeiral hailed us, and
could suggest, were used to secure it ; and I refeeon seemmanded us to desist. Atthat time • no ship
this part to the evidence before the Court, and that whatever of the Allied squadron inthe d. P was wee-
nothing was left undone which it was incumbent on then of our fire; but it is toa be
s observed, that as
us to do to save that mast. Whilst in connexion our opponent had not struck her colours, or given
with it I have an observation or two on the next the least intimation of her yielding, I ould- not,
charge against me, which is in the second letter of without a very serious breach of duty, violating
and
the 24th June, That although the Genoa was less the articles of war and endangering serious conse
injured than the Asia, the Albion, or the ships of quences to myself, cease my utmost exertions to
either of the Allied Admire's, she was the last ship continue the battle; and it is proved to you that
ready to leave that port, even after having had a there was then no demonstration of her having
whole watch of the Glasgow to assist her.' In the yielded; so that my duty, in feet was to continue
third letter of the 17th July, this is wholly omitted; fighting. •
The symbols of resistance understood ii)
and it is there merely charged, that the refittal of naval • stilldisplayed
eve. warfare were
the Genoa for leaving N • •
Navarin and engaging the bat- hostile fleet, so that the ship having been once com-
ics if required, '-
ter wits unjustifiably tardy, ninth that 'bitted in action, I was bound by my duty to con-
the same sl4e4ness prevailed on tier way to Malta. thine the fight • and the authority of the Vice-
"As I have repeatedly before observed, lam en- Admiral only could justify me in staying the fire
est authority :
titled to consider that this third letter of the 17th of tl ••
being given, we instantly ceased; and
July, fur the reasons before d
state , ougit6 to be if any slot from the Genoa, in the position the Asia

other of the Allied shipt4to struck
thu, it would have beeetriNvCable ; but
(Y. TY t: of tlie charg,e Oti!,epirtty conjectural,
-.,:! only, does not im-
-11:!te ths-, at•on!; injury or either of the
Ylsr,:ine:i ppoplo so resent-
of . I ad,uit that we

does. The Vise-Admiral ha; repeatedly exp 4 essed
bd.( re this Court his reluctance to bring forward

this charge, and highly honourable to himself are the
grounds en which it rested. He has declared it

to be a sacred and irrevocable rule
,which had been

laid down for hia guiiance,mere;to try an °Slicer
by a Court-martial for :n offence which he bad
once forgiven ; but, Sir, what difference is it to ITIP
Nvllether the Vice-Admiral-brings me himself to trial
for an offence, or, in violation of his own sacred

were hailed On the mmasion by the Asia to cease
firing, and I immediately repeated the order I had
myself before given, that our people should cease, as
the Admiral desired; and the tiring was then ended
as soon as it could be, and which was as immediate

rule, furnishes the Lords Commissioner; of the Ad-
miralty with such information as shall render it

as the order could be conveyed ; and I trust I need
not dwell more on this, in the hope that I have suc-
cessfully herein rebutted this charge.
" I now come, Sir, to the last charge brought
against me, and which is contained only in the
Vice-Admiral's third letter of the 17th July, and
was not even hinted at in either of the preceding let-
ters, but embracing what he stated to be in the na-
ture of a round robin, and which the Vice-Admiral,

their imperative duty to place me before this Coto t ?
The only difference to me is this—that instead of

its being at the time when my means of defence
were present and obvious, owing to the Vice-
Admiral's representation, I am now, at n pro-
tracted period, tried for an offence which I had

long since supposed consigned to oblivion, and
on the faith of his honour and promise, considered

no doubt from his own feelings jn relation to it,
Lleerned it was necessary he should promise some-
thing in the way of excuse, or in explanation of his
reasons for bringing it forward at all, and at so pro-
tracted a period, too, which, when the Court know

as disposed of, with all the difficulties of my defence
increased. But I must observe, were it not for the
very last paragraph, the slightest objection could not
be taken to it. It is till you come to that paragraph,
in their plain artless language, dictated by their own
genuine native feelings, spontaneously expressed la
this way by themselves, and literally what it pur-
ports, an address of the thanks and the praise tl
those men to the Vice-Admiral himself, as well as
conveying their tribute to the worth of their late
lamenteiCaptain, and their respect for me ; eon-
cludins,with expressing only their hope, that the
Vice-Admiral would permit me as Captain, to take
the ship home, in the event of her going to England.
The Vice-Admiral, however, I respectfully submit
to the Court, has put a character to this petition
which is not warranted? for it is not a round robin,
or in the nature of one, nor does it go the length
which in his letter of the 17th July he charges it to
be, and in which he says that Captain Dickenson
. _ •

all the facts, and what passed in the mutual under-
standing between the Vice-Admiral and myself re-
specting it, and to which Commissioner Ross and
Captains Ommanev and Spencer were privy, they
will, I humbly think, judge with myself that it ought

never to have been broughi forward; and I shall
here offer as few observations as I can. One day,

on our way to Malta, several of the petty officers
brought to me, on the quarter-deck, a petition,
folded up as a letter, and addressed as it was—i On

his Majesty's sTvvi7e—To the Vice-Admiral, as

Comma7ndei-in-Chief in the Mediterranean,' and beg-

ging me to present it. Till that moment I had not
the least idea of their object, much less was it pre-

viously known to me that they were intending such
an application. Of course I read the petition on its
being put into my hands, and I immediately, to this
effect, told the bearers of it that I could not comply

himself presented to me a letter in the nature of what
is called a round robin, purporting to come from the
crew of the Genoa, and desiring, that I would 47
point him in preference to any other officer to suc-
ceed Capt. Bathurst as Captain of the Genoa;' and
the Court must see that this petition itself is not
terms justifying -such a charge. The Vic,-Adini.
ral, in his evidence, described to the Cow t that he

with their requ6st in conveying it to the Vice-Ad-
miral, lest it should displease him ; for although it
was couched in such terms of respect, he might
think it intrusive on his province, and contrary to

discipline, and I therefore returned it to them.- In

considered, he said, a round robin to be a paper with
a number of signatures in a circular form, so as to
prevent any ► particular one being selected as the
ringleader,' and this is certainly the true definition

. _
about two or three days afterwards the same per-
sons again presented themselves to me on the quar-
ter deck with their petition, entreating me to con-
vey it to the Vice-Admiral, and assnring me that no-
thing but the greatest reverence prevailed with all
the crew towards him, and the greatest respect to
myself, and that they should be most happy if their
petition were complied with. This second applica-
tion was couched in so respectful and earliest a
manner, mid they seemed so bent on bringing it
under the Vice-Admiral's notice in some more ob-
jectionable mode if I did not forward it, I then

of 'lt. To constitute such a document a circle is

drawn, with a compass of the size requisite, awl lines
are-drawn for signature within the circle, so that it
cannot be seen who is the first to sign it. This
document is in no respect of that nature, it has not only
no circle to it with names within it subscribed, but
it has actually no name whatever to it, only being
subscribed the Crew of H.M.S. Genoa,' And it

is expressly addressed ' On his Majesty's service, to
Vice-Admiral Sir Edward Codtington, K.C.B.

thought it hest to take it myself to the Vice-Ad-
miral, in order that I might have the opportunity of
explaining to him the circumstances attending it. I
was the more disposed to tall4e this course, hoping

Commander-in-Chief, 'Mediterranean,' NI hieh is un

instance I believe never before known in what is

called a round-robin. The Vice-Admiral, however•,
in further elucidating the nature of such a docunr,nt
said ' It is what purports to emanate from a britly of
inferiors with a view to influence imprope,rly the
mind of a superior in his public conduct vi',th respect
to those inferiors;' and so emanating, '..ne inferiors
generally convey it indirectly or n o,oificiany to
their superior, to avoid interruption. or being stopped
in its way, and it therefore generally goes ns a more
private communication to the superior individual.
Not so in the present cne ; those who were the
lauthors of this petitio,.-I—and you have it from the
evidence of James Collier, who was an extremely
good witness, before you, and one of their number—
that there were about 150 or 200, as many as could
get round at the time it was proposed, and he art-
lessly as honestly told you that they had been used
to me, and preferred mo,to a strange Cvonnanaer ;
and he was most positive in asserting i►. was purely
an act of their own,, for that iieither myself
nor any officer of the ship, who -was not a petty
officer, had any thing► to do in getting it up. It is
then, I must submit to the Court, in no respect what
is caged a round-robin. •

that my respectful explanation would satisfy the
Vice-Admiral that it was much against my wish
that a request should be intruded upon him of such
a nature and from such a quarter, when lie himself
knew I was not eligible at the time for the promo.
tion prayed for. I was therefore induced, with
those views, to say I would take an opportunity of
putting it into the Vice-Admiral's hands.
" When we got to Malta, at my first interview
with the Vice-Admiral I handed it to him, and I beg
to refer to his own evidence of what passed at that
interview; and I can only regret that my intended
explanation was not received. The next time I
heard about it was in a few days afterwards, when
Captain Spencer called on board the Genoa, and
told me that the Vice-Admiral was greatly offended
with me for handing him such a petition, which he
considered a most improper interference with his
authority, and a great act of indiscipline. I was
greatly alarmed and hurt at the Vice-Admiral's
taking such a view of it, and I instantly expressed
to Captain Spencer my deep regret that I had, in
any respect, done wrong in handing it the Vice-Ad-
miral ; and I at once begged him to take_ the earliest
opportunity he could to offer my apology to the
Vice-Admiral, and to say from me to.. biru that I
should be ready to repeat it personally, if he would
do me the honour to allow me the opportunity.
Captain Spencer was so kind as to undertake th;.s
for me. I mentioned it afterwares to Commissioner
Ross and to Captain Ommaney, and do trot hesi-
tate to say, that in the most unequivocal way I ex-
pressed to them also my regret that I had been in-
duced, for the reasons before assigned, to hand the
petition to the Vice-Admiral.
Captain Spencer was so good' as to convey my
apology to the Vice-Admiral, who received it; and,
by the Vice-Admiral's desire, he returned to me
saying, that in the first instance he (the Vice-Ad-
miral) at once accepted the apology, but that on
reconsideration he had desired him (Captain Spen-
cer) to inform me, that as I had brought him the
petition on service, he should not look over it with-
out I wrote him a letter on service, to recal it.
I then told Capt. Spencer I was greatly obliged to
the Vice-Admiral, as I was to himself, and would
immediately so write him, and which accordingly I
did, expressing my regret at the circumstance, and
requesting to regal it ; and I then went myself on
board the Asia, and delivered the letter to the officer
on the quarter-deck, who conveyed it to the Ad-
miral in his cabin, where I waited on him. lie at
first expressed his anger in strong terms. I bowed
with respect to la rt keprircarid, assuring him of Inv
pwp regret on the occasion, and explaining why .1
had been induced to forward the petition; and, in
the fullest manner, thus apologizing for any irregu-
larity and breach of discipline and decorum I might
have committed therein, I entreated him to pass
it by. He then accepted my apology, and return-
ed me the petition with the draft of u letter as from
himself, of censure, which he had intended to write
to me on the occasion, and he then pledged his
honour that he had kept no copy of the petition,
This relieved me of the distress I had been in.
and I was very happy at such a result; and the
Court will recollect that the Vice-Admiral, when
giving his evidence, said most unequivocally, that
he meant to make a statement roost full, that it was
forgiven and passed over'---,thesa were his very
words. The petition of the men which I have pro-
duced to yen is in these words :
" H.M.S. Genoa, at sea, October 31, 1827.
The humble petition to your Honour of the pett
officers, seamen, and marines of H.M.S. Genoa. 0/i;r,
..aanner in
gratitude they thank your Honour fur the able
which-you led them to action, and most ber,T,really
support-
!!(-1 them in it, and hope your Honour
%ill long live to en-
joy the merited rewards of your conduct.
" Your petitioners beg ale
they leave the station, to
express to your Honour the feel-
ings of sincere regr he re, with all humility, before
for the loss of their late lamented
Commander,
" And Yel"..om they ever found a father and a friend.
your petitioners, with all humility, beg to ex-
press
joy at finding their lose supplied by their pre-
worthy Commander. They bad before found loin as
an '':leer, active and able in the execution of his duty, I as
well as gentlemanly in command ; but 'they have now
found him, in the moment of danger, a leader under whom
they should never fear any enemy.
" They, therefore, 11=1)17 solicit your Honour to re-
present their feelings to his Royal Highness the Lord
High Admiral.
" And your petitioners hope that your Honour will
permit Captain Dickenson to take the ship home, as Cap-
tain, in the event of her going to England.
" We are, honoured Sir, your must obedient and hum-
ble Servants, THE CREW of H.M.S. GENOA.
" To Vice-Admiral Sir E. Codrington, Sze.
Co.mnander.in- Chief in the Mediterranean."'

" In the next place, the charge designates it to he
a letter in the leature of what is called a round
robin. Th2,s it is not ; but throeg,hout, from be-
ginning- to end, it is a petition, couched in terms,
the most humble and respectful, as a petition on
any subject should be from inferiors to a superior,
petitioning for a particarar object, beginning as 'the
humble petition to the-Vice-Admiral of the petty
officers, seamen and marines of his 1114esty's ship
Genoa,' and every clause in it styling themselves.
petitioners. It is, therefore, I submit to the Court,
not what it is imported literally, it is in fact not the
document laid in that charge—and for such tvely aro
the Court to try me-,a letter coming to tie Vice-
Admiral from the crew of the Genoa, }out it is a
petition to_hirn from the petty officer!,, seamen and
marines of that ship-4i distinction which the Court
will not, I trust, fail to make on so extraordinary an
occasion as the present.
" In the third place, whether it be a round robin,
a petition, or a letter, it is Rot u the terms laid in
the charge—desiring that the Vice-Admiral should
appoint me in preference la any other officer to sue-
ceed Captain Bathurst as Captain of- the Genoa.
It imports no Kele thing. It is, in the event of the
Genoa going to, England, and on that coutingentey
and eyes t only, expressing a hope, not a do sire,
that he would permit me to take her. There is a
vastd ifference between the terms hope end desire.
The one, in such a case, is suppliant,' the °there
in the utmost latitude of interpretation (and which
our ablest scholar in the literary world gives of it)
is requiring," demanding.' And in comtnon
parlaneee, when superiors, in either of the
services of the Navy or Army, express to
those officers under them, in whatever rank
' they may be, or when in a civil society -a superior to
inferior or subordinate expresses a desire that
any thing may be done, it alwars implies Ole
mend. It is not so here. in this
impe-
rative, and is virtually and actually an or",er or coin-
.' hope' simply and only being ",ed in connection
construed' suppliant.' The
with the whole ceritext of the r,etition, can only be
encetition the term
which is the word expeessle
laid in the charge, not
eing used in the eeetitee,„, it is, therefore, devoid of
'Aber term, desiring,'
any snchLobno,,cmug expression ; and as it does not
-
conit4lin tr-e words charged by the Vice-Admiral, un-
(l'iztl as they are stated to be in his letter of the
''.(h July, desiring that he should appoint me, in
preference to any other officer, to succeed Captain
Bathurst as Captain of the Genoa,—it is not, more-
over, for this reason, the document in que,tion so
charged against me ; and as the Vice-Admiral in his
evidence has again and again expressly said that he
thought it did not originate with me, and that I
knew nothing of the document, he thus completely
took away the sting of his charge; and when the
Court reflects that at the very period when the pe-
tition was presented, I was not eligible by the rules
of the service to hold the situation of Captain of the
Genoa, for I had not then served long enough as
Commander, which I well knew, and therefore could
not have promoted or encouraged the petition if
had so wished ; and I do, therefore, in all these re-
spects, and under all these circums-unces, humbly
submit to the Court that I am entitled to their de-
•cision that this charge is not proved. .
" And here, hit, 1 cannot but obserre, that when
I had offered to the Vice-Admiral, through Captain
Spencer, on learning from him the displeasure it had
given him, my extreme concern at the occurrence;
and after he had reprimanded .me, and accepted may
apology,
and assured me it &101 l he passed by,and
then gave me up both the men's petition and the
draft of his own intended letter of censure to me, in
order that not a trace might be left of the transac-
don itself; and when, as the Vice-Admital has in
his evidence stated to the Court, that after having
reprimanded me for handing him the document in
question, be gave up to tne all the means which
then occurred to him of establishing the complaint
of the petition now produced, arid he certainly had
no intention of taking further.official notice of any
part of my conduct,' and these are his very words
entered on: your minutes—the Court will, I trust,
-7

" Such, Sir, is the petition itself of the crew of
the Genoa, the handing of which by me to iht
Vice-Admiral wa,, and is yet deemed by him an
tostance of insubordination or of indiscipline, of
which, he says, he would have gladly avoided the
exposure ; and it could not but be a matter of
astonishment and concern to me to find that Sir E.
Codrington, knowing that ha had forgiven it, arid
passed it over, could have been afterwards induced
to make it, at so remote a period, the subject of a
specific and distinct charge against me, as he HOW

to

t

brome, that- thisshould nevrr have agar
ughtien forward. Whatever indecorum of
.each of discipline there might have been, if any,
my unfortunately handing the men's petition t(
irn, he bad severely reprimanded me for it. I hay'
pologized, and he had accepted my apology ; and
here, I humbly submit, it ought to have ended.
nd been buried in oblivion ; and that whatever in-
ury or indecorum had thereby been done (if any) to
he service by me, he (the Vice-Admiral) was full:,
satisfied by my apology,and his acceptance of it,andhis
riving up to me the petition itself,the delivery of which
had been the ' head and front of my offending,'
and his own intended letter to me, were as conclusive
a proof as possible of his being so satisfied. And
here I must notice, that unless I had happened to
have preserved the petition, and bad been able as
I am now to produce it, it had not been evidence
before you. And I appeal, Sir, and gentlemen, to
the high s'nse of honour which must actuate every
one of you, whether the Vice-Admiral's 01114
cepting my apology, and delivering up to me this
letter, and his own which he had intended for me,
was not as complete an act of abandonment of any
complaint, or intended complaint, against me in
respect to it, as in the nature of things, could be
found or conceived. And I now, therefore, on the
whole, submit to the Court, that whatever might
have been in the least degree improper in me, if
it were so, in so handing this petition to the Vice-
Admiral, justice to the service had been fully satis-
fied; and it ought not to have been, nor ever
should it be, the subject of so grave a charge on
his pai t, and upon which too, I should be arraigned
and tried by a Court-martial; and I ther
most confidently hope and trust this Honour-
able Court will feel that not the least further cen-
sure Is necessary, or ought, for the good or well-
being _of the service, to be inflicted upon me on

this charge.
" In one respect I look back on this trangactio,
with particular sorrow and surprise. Sir E. Co.
drington has deposed, that be returned me the peti.
lion from the crew of the Genoa ' under a conviction
that it had not really emanated from themselves ;'
and afterwards, more distinctly, that ' he thought it
a contrivance of Capt. Smith and myself, to further
our views of promotion.' It is true, indeed, that the
Honourable Admiral has now done me thejtiatice to
acquit me of this meanness; but, Sir, I cannot far-
get (and I trust that the pain with which I recollect
it is both natural and pardonable) that I so long
stood in the eyes of my highest superior in a light
thus contemptible. Could I hare suspected the
possibility of this unhappy impression, when his
praises were still recent, and my heart still warm
with gratitude for the clemency with which he had
pardoned my inadvertent error ? Above all, could
have supposed it possible, that while the favour of
my Sovereign was heaped upon me at his represen-
tation, he considered me himself a mean suborner ?
th)2t while I was thus stained in his esteem, he could
see ~'e, without remonstrance, received as a Com-
panion of that Honourable Order whose highest
rank was his own reward?
e I wouk next here just beg to notice one ge-
e ral observat'On which applies to all the charges,
that since the p.lried of the battle the Lord High
Admiral honoured me with the command of the
Wasp sloop-of-war ( w!lich ship I have already men-
tioned I commanded), for the purpose of corn-
•pleting my sea term as a .commanderen , and that I
was ordered to the Mediterranean,
n, wh I was
-.der the Vice-Admiral for three months, during
wchirlt not a breath of complaint it; any shape what-
- eVh, either directly or indirectly, \ made by him
. to ,se of my conduct in the battle of Nayarit', nor
ili,l I ese;r hear of any, nor has the Viee-Admiral
prayed that it was ever then hinted, and I was in
eeramanicatien with him as often as duty led ; and
• whilst there it was that I received through him the
• -Russian Order of. St. Vladimir, as I have before
• not:ced ; and I never bad the least notion of his
clic-falling any complaint against me, but the con-
. trary from every thing which then passed, 6_ll sub-
sequently .his first letter of' the 14th of June last
indicated it: and surely, Sir, I reev be allowed to
Ask what opportunity was so fitting :_Tenerally, as
when I was commanding the Wasp uni.l°r
or particularly when he was sending me the Or-
der of St. Vladimir, to intimate to me that lel
at least thought there was a mistake in conferring
that order? or that any instance of my conduct had
been such as not to meet his approval ? But not a
word or hint even of either escaped him—conclu-
sive, as I submit it is, that he never contem-
- plated the charges he has since brought against me ;
• and 11 circumstance which occurred in the battle of
Nayarit), though not referring to any or either of
elle charges specifically, but which you have in evi-
dence, yet tends to show how much alive I was to
assist other *hips, whilst mindful of my own, and
?;ow little of ,grounds there is for the tice-Adtni-
rat's compleint of me after I took the command of
the Genoa, on the fall of Captain Bathurst. The
eircutestanee I am alluding to is, that in the heat
of the hattle, when I saw the Asia in danger of
beitir on fire from one of the enemy's frigates which
was in ta.mes, I immediately despatched Mr. Miller,
the Mastee of the Genoa, with a boat and hawser,
to enable tie Asia to clear herself from her. Mr.
Miller was aseisaing to band the hawser in thensia,
,when the frigate I,lew up, and Mr. e our
boat, wee ellen desired by Captain Curzon to pick
up the Turks which might be on the wreck, and he
did what be could in that respect. This is con-
firmed to you by Captain Curzon, as it will be by
one of my own witnesses, Lieutenant Miller, of the
)slarines.
But, Sir, amidst the immense mass of evidence
ea yta.:l- table, but a small portion, when it come to
be analysed, as I have already noticed, really applies
'o the chare.es; and if is be more satisfactory tet the
o,:surt, it will, remain for me to call yet some wit-
nesses; that they may have the most complete view
.
of my c -induct, any that of the Genoa, which other-
wise, at ti;'is distant per:.2d, perhaps they could not
have. The Court remembers that the Vice-Ad-
miral denies tit had any thoughts of leaving
a night of the battle, the 2011‘,
Nevarin harbour or, t h wish, had be-
but in his anxiety that is :c4.b--; butsuch
which does
gun to float in his inelinatio. to you, from this
not now recollect. I shall prova from me to
circumstance, that Lieut. Stint was s tit state to
the Asia, to say the Genoa was not in a utmost
go out, although all hands were using their t:taa
exertions to get the ship ready for starting. It .
• been doubted whether I had myself actually gone
on board the Asia on the evening of the battle, to
report Captain Bathurst being wounded, and again
afterwards, in the night, to report his death. I well
know:this myself, but none of the officers of the
Asia who are here can recollect it at this distance
of time. Happily, however for me, I have now a
witness to prove his taking me on board the Asia
On the evening after the battle, just about seven
o'clock, It was in a boat passing by from ano-
ther ship, the Cambrian, and which I hailed for
the purpose, as we had no boat at command.
He took me on board the Asia, when I an-
nounced that Captain Bathurst was mortally
wounded ; and Captain Robinson will prove subse-
quently the manning a boat in the night to take me
to the Asia, to announce his), death ; so that, con-1
-erected with the other circumstances already in evi-
alenee, all possible doubt must be removed from the
mina of every Member of this Honourable Court on
that point. The Vice-Admiral coming to the Genoa
visit Captain Bathurst, taken with other circum-
stances, was abundant proof that some officer or
other bad reported his being wounded. Captain
Ttobinsou'arnanaing e boat for me to go to the Asia
is conclusive that I went to announce his death ; and
't was most respectful to Captain Bathurst that both
(these should have been done by me, ate] they were
-so and it was no wonder that, at this distance of
tine, those who were in the Alibi who happened now
to be here art not be able to speak to the cir-
ourastance o eing me on board that ship, in the
midst of the eonfusionthsn, must all have been in
after the, battle. And now may I nor confidently'
ask the Court where, on a review of the whole eni-
dent.e, it can be pointed out titrt any one chatge

oti;

liverir
linP"

easior:
t (,:iti ze
of
that they are
n.....
~,
Ju
p.
~
~,
lic 'in tr,
ave.
gi I I:ti 1 t
ha , discussion mu&
7er. attention
—, out 1 ihj '"""tP
f '
-apt,- -,0, has felt the „Ist . -
has bee sse et -e re ;• ea rife; • 'le
Abe `-11)- I 11, I :led at rus' heeds a my own rec..
„le; h and IPm at lene•th termina
s ie ' 1 `-_, that
fence are
---' 4 _ ntions Court in z• ej'een '14".11 Ill):
s ,n .
the eve-wit
ng " I shall)tirig my ad •
, - .ere throughout has i enaorr"e.
distrust how, th,
I took the commane seeks ;1.1 w• •t.. the eisellarge oe ' by this Hone
Bathurst ; tile Vice- Adm.. its duty on th;
- e•il ' •
tains who were called from ti: ol) .s. ,
stated in a farmer part of my bete o\c` - stated, some further s-i.
We; , on my behalf, and she?' s'
mere distinct spectators, and se sil" 'th
fusion 'v when reverence to your
,•ontinuaily interrupted by the der.
eyel etteriv sve --ne character
sts - •
dl were enveloped ; anti the COll
Ait ' • '•
loair.' " - .
aereo v 0•1 )vatius, 9-
a battle with such disastrous offs,
Jearoedl"te`• •th in yo 'a
around us as this presented, rent A ~V, • .
~I gra' y,.. 'ear/one II
impossible that any one but those 1 then • c a,,, •, •
sin eel • rind be s , . me
hoard their own respective ships cow •_ INiON '. , It/Sf,
1., , ' tlidel:a tulT
. . ' ' give"
c'e
accuracy as to what was actually dont `i ' A e.,_ \large.'
~ .
,a, m .
spectively. The Vice-Admiral's mem, 00\441% ahe ~.tie d
, ,ai i
to have wholly failed him, even by his ‘ceas - •
sion, in several most important instal by Capteo;;
elready statels posit i vely contradicted Lindsay, the
Smith, Mr. Andrews, the purser, Mr. ?Wirt) in s''
surgeon, Capt. Robinson, and Lieut. : thich now is 1
veral material parts of his testimony, V, %. lam re- I
also at variance with his then public acts demands it
luctant to Sat, it, but justice to myself s distorting I
of me, that he looks back through th unhappily I
medium of those prejudices which have e Court to I 1
Peen instilled into his mind, and I ask all Ind if your
take a retrospect of the whole evidence s 4 : e from the
Judge Advocate will go through the who ‘;'- Jo one &
first witness to the last, I say that from ' e eharg
them is the positive affirmation of any '3' f the e• ;e
established against me; for the mo-t pal tce opier- '''
deuce is merely conjectural and matte t 13'•\,. le wn,
and ot matter of fact or of observatior ,N.l:i most
thatn the Viee-Admiral, or any other of .:%.cev . , o was
alse 'N',l° , when
not in the Genoa, could say, was, that
they at intervals saw her by the sin ,ese e; .caring a
little, appear to be somewhat out of 'r jet or seinal po-
sition, but those officers had so mu; ";.t.' do them-
selves in attending to their own ii nswed iate duty,
that it is to a moral certainty utterly inspoE sible, un-
der such circumstances, they could speak with un-
der
of what the Genoa actually t lid ,and what
was said by Admiral Keppell in his defence 0,-, tin'
Court-martial held on him in 1778, applies to to,'
present.--' During action,' he says, ' se rhordinate offi-
cers either are, or they ought to be, too attentive
to their own duty to observe the manteuvres of
others. In general engagements it i. ; scarcely pos-
sible for the same ohjects to appear in tile same
point of view to the comma'ttlers of two different
ships. The point of sight may be di Terent, clouds
of smoke may obstruct the view ; het ice s-eill arise
differences of opinions of officers as t; ) this or that
• ,
maeonme, without any intentional par i;jialitye Be
that the Vice-Admiral at the time of the battle
itself did not entertain the notions he now does ,
is clear, from the encomiums he pe
.id to myself
and the officers of the Genoa, on our quarter-deck,
when he came to us at the instant it was over;
and that he did not entertain the impression he
now does, as to our remissness in ref itting, is clear,
from the general orders he issued a. ad sent to me
on the 94th, on the very day that t hat refittal was
accomplished,and we were all ready t; ) leave the har-
bour; and I am ready to contend that . every act of the
Vice-Admiral's at that period was in direct negation
of every charge now brought forward by him ;
ate] if any gleam of doubt call po ;sibly adhere to
the mind of any one member of this _Honourable
Court, or any one point from am, • of the evidence
which has been given by the l' ice-Admiral and
the Captains of other ships he li AS called, I confi-
dently trust it will be wholly la moved when the
remaining, officers of the Genoc , are called, those
who, like The others from that shi p velem you have
already had before you, can alone testify with
accuracy and certainty wheth sr the springs of
the Genoa were used or not; and every one of
them I know will fully est abfish and confirm
the fact that they were used • with complete effect,
and that we all fought one ship to the
end of the battle, and slow hot r completely mistaken
is every notion to the contsal
y, be it entertained by
whom it may ; anti when I ;
x)ntin
thet it was riot myself but Cal itely, s'-'•
tt
,ulit wy:ou by a:
receiv-
edthe Vice-Admiral on boa
down into the cork-pit to
and that he saw me only ;
return from the cock-pit, off, went with him
3?-;'• ;ice ag,,,,,,igi:a.8,:,, tirshtns,;,,:
and then b ighly compli- -
mented myself and all the ; ;tie j
ors and ship's Com-
'
"any, for the part we had t: ik,
n in the action, and
lan which I shall have esta'all
,
shed to your complete
satin `action by the most irre Attable and conclusive
end moreover sir
evidenc,'. , ,w that the Genoa WaS
not lying id the state
i e Vice-Admiral has now
,tn
represented AN 'ell her Jar': oard bow to the entrance
of the harbour, but in the very contrary position,
with her head the .l'evkls e way, and that it was im-
possible, as she went- it I and took her position, as
the Vice-Admiral state's she did, that she could have
lain so ; and if I establial 1 those facts, which lam
sure I shall do, hecauee they are the truth, and no-
thing but the truth,and b y t /;C best evidence of which
it is capable, what then, bee owes of all the conjec-
tural evidence which has been offered to the Court,
and of all the mistaken nt ;tions of the Vice-Admiral,
which he has thence fella I into ?
" Much stress, Sir, set ms to have been laid on
the subject of the difference in el 'se expenditure of
powder, in the three ETs dish ships of the line at
Naval-in. I would submit, that whi, 'e perfect accu-
racy in the accounts was, under the , circumstances,
hardly attainable, the greater qua ntit) • fired by the
Asia and Albion may be partly •-taais at asesunted for.
The Asia's armament was consi' lerably 11 eavier than
ours, being chiefly 32-pounders - The Al 'him] is de-
j posed to have kept up
most of the action, and 0, a fire f corn both sidos during
as
ipta,; n sa ea mmaneystates,
never used her springs, w)-eile our fire was, by this
latter cause, repeatedly interrupted on the lower
deck, and had only Ont) side engaged. I can onlv
say, that we may appeal to our opponent for the ef-
ficacy of our fire, aed I believe it will be 2-eoved that '
I •k • r up with allthe rapidity
it was cp.
,
consistent with
precision, or, to quote the words of a %vitae-$.5 for the
prosecution, such as became a British manaof•war.
Asn allusion has been made to the state of discipline
in the Genoa before the action. On this point I can
only say, that even if it bad been necessary to my
defence, no consideratisn should have tempted me I
to say anything which could bear the appearance of
reflecting on the memory of Captain Bathurst, or
violate the sanctity of his grave. But, Sir, no such
necessity exists; and it is but the justice which I
owe to the officers and crew of the Genoa, to say
I that they did their duty both in the battle and after
' as Englishmen should do on such occasions. I
It, j not remind the Members of this Honourable
need , hat in the diversity of discipline which
Court, tic. Navy, many a system is found to
exists in the -,1 well under the guidance of the
work effieieptly al, .
and only appears defective
officer who furms it, -
's into other hands. Thus,
when its managenie:ll fat,s
he some of those who
deficiency may stri - ~
had time to observe upon our .fau'eg.,m7,: oPillearhrri):4;
be accounted for by the fact of se' ca - •ee
Commodore Bathurst being succeeded a: a t'''..-* "
critical by another far his inferior in rank, exper,;:ace) I
and ability. ,
" It is now time that I should submit to the
Court some of those testimonials as to my former
service, which are proofs that wherever I have had
an opportunity, during 31 years I have been in the
navy, I have endeavoured at least to perform my
duty, as the certificates I now lay on your table will
testify ; and I hope it is not enbecom;ng to men=
ruin, that before the battle cf Navarin I had been
thrice wounded ; but as I have already observed, it
is a consolation to me next to my own conscious so-
licitude, that f ace jr-) ftc hands of gentlemen and men
of honour,
o And now, Sir, to draw to a doze, having ipne
through the accusations before you, and having the 1
letter of the Vice-Admiral containing the charge
against rne, and thus offered my observations on the
eyiemee, I must apologise to the Court that I have
been .oeavoldably led into much of abstruse and dry
discussiora Frio; imperatively obliged much more to
dwell on points, end to recur again and again to
the same argument, than I otherwise should, if the
charges had come from the Vice-Admira! himself

iurable

s occasion,

.ilress.

messes, as I have
then on my part bow
decision, repeating that I
nd all that can be dear to me

~sured that you will pronounce that

shall at once do justice to myself,
ctOry to the service and the empire at

4-Ifenee oc, tapied nearly three hours in de-
..niestat.i""l was received at the close with some
Amore ,us of rip yrobation.
the visi tors to-day we noticed Lord
wecknor-
distingr ,k and Admiral Lord Colville, with other
Ca, ,ished persons.
that
_flair' R. SMART' was then called. and stated,
thr at the battle of LNavarin he %vas Lieutenant of
t, ; Cambrian ; that he had, on the evening of Oc-
iber 21, been ordered by Captain Hamilton to go
on board the. Asia, after the firing had ceased, be-
tween six and seven o'clock; uncertain of the posi-
tion of the Asia, he hailed a line-of-battle ship, arid
not receiving an answer, he concluded she was
Turkish. lie proceeded to the next ship, and on
inquiring which was the Asia, was there called by
name to come alongside, and the Commander was
anxious to take a passage with me on board of the
Asia. He went alongside, and took Captfjin
Dickenson on board the Asia; he did not then know
or did not remember the object with which Captain
Dickenson went to the Asia; he left Captain D. on
board the Asia.—Witness withdrew.
Captain ROBlNSON—Reported Commodore Ba-
thurst's death to Captain Dickenson about half-past
one o'clock in the morning; the Assistant-Surgeon
Lindsey reported to me that the Commodore was

dead, and he immediately reported the same to
Capt. Dickenson; he ordered me to put two hands
into the jolly-boat, that he might report the same to
the Admiral; he went immediately on board the
Admiral's ship, and remained on board more than a
quarter of an hour. Witness took the return of the
killed and wounded to the Asia on the day after the
battle, on the 21st, which he handed to one of the
officers of the flag-ship, saying that it was the re-
turn of the killed and wounded from the Genoa.—
In two or three moments it was handed back to him,
with a verbal message that there was a mistake in
it, :vhich must be rectified. It was not stated what
t:.`e mi;.•ake was; but I carried it back, and deli-
verai it to ;::apt. Dickenson with the message; he
did not know whcv: the mistake was ; after the mis-
take was rectified, he c:wied it back to the Asia in
about a quarter of an hour, a 5 far as he recollected ;
lie did not remember into which officer of the Asia's
hands he gave it ; he judged that the mistake in the
return was relative to Capt. Bathurst's death.—
Witness withdrew.

Mr. WHITE, late Master of the Albion, called in,
and stated, that the Albion's lower rigging was cut
in two in several places. He did not remember
what number of shrouds were cut away, bat the
majority of them 'were rendered useless on both
sides. Soon after the battle was begun, the braces
and boWlings were shot. The main-mast was
wounded, but not dangerously, in two places about
midway between the main-top-mast and the deck.
The fore-mast had one shot a little below the trus-
sel-trecs, and it was wounded in two or threeplaces
below the forecastle deck. None of the yards
were disabled, though some were wounded. None
of the bobstays were shot away, and the gammon-
ing of the bowsprit was not, he believed, wounded.
Nothing was required to be done to it; it was not
necessary from any damage sustained in action
to shift either lower or topsail-yards; the fore-
must and main-mast were shifted at Malta; he
thought the Albion might have been made ready
for sea after the battle in about thirty hours; he
did not observe what was the state of the Genoa as
compared to that of the Albion; the mainmast was
(abed at Navarin in a temporary way; by two pieces
of wood about ten feet long; some of the Albion's
stays were shot away..—Witness withdrew.
The Court then adjourned till to-morrow at nine
o'clock.

SPORTING INTELLIGENCE.

DONCASTER MEETING.

DONCASTER, SEPT. 10.—As yet there is nothing to in-
duce a common observer to believe that any thing uncom-
mon was going on. Preparations, however, are making
in every quarter, and it is the common opinion here, that
this Meeting will at Irma &ILIA the brilliant one of 1828,
and that the sport wilt be in no degree inferior. Lord
Chesterfield, one of the Stewards, means to give every
possible eclat to his Stewardship, having made arrange-
ments to accommodate a large number of visitors on a
scale of extraordinary magnificence. We have taken some
pains to ascertain what horses have arrived, and are enabled
to give the following correct list of those that are now in
various training stables :
His Majesty's Fleur de Lis
Lord Cleveland's Voltaire
Stotforth
Tamboff'
Lord Langford's Sir Hercules
Mr. Forth's Frederick
The Exquisite
Mr. Gibbeson's Lady Sarah
Mui phy
• Lady Betty
Mr. John Scott's Felt
CIF. Putre's Apollonia
Reginald
Laura
Delphine
D. of Leeds's Ithodacantlia c,
. Lady Mowbray
Redstart
Lord Scarborough's Cambridge
Pilgarlic
Cistercian
Lord Kelburne's Georgiana c.
Actaeon
Lord Sligo's Canker, 2 yrs
----- Brine, '2 yrs
--- Prince Eugene

Mr. Riddell's Lawn Sleeves
Zodiac
Mr. Watt's Dr. Oloroso
Margellina
Mr. Houldsworth's Terror
Lambtonian
----- Abel
Vanish
Durham
Deposit
Crescent, 2y
Thosesby,2y
Fortitude
Lord Chesterfield's Zinganee
Mr. T. 0. Powlett's Penhill
f. by J.Spigot
gr. filly by
Young Phantom
Lord Normanby's Florence
Lord Milton's Sist. to Barataria
Mr. Clifton's Don Jose
Mr. Heywood's Sandoval
Mr. Eari,shaw's Elastic
Mr. Baird's Ramona
Mr. Richardson's Hermoine
Mr. Nowell's Roundwaist

Lord Fitzwitliam's horses stand at his own stables in the
neighbourhood, and will come in when wanted, They
consist of Hidalgo, Sister to Mulatto, Ballad Singer, Ma-
tiqueta, Dora, Marcella, Mulatto, Maar°, Sister to Whis-
kerandos, and two or three others, Scott's lot will reach
here to-morrow : they are Rowton, Clotilde, Brunswicker,
Tyke, Donation, Neth.aby, Cobbler Will, Juliana, Timour,
Tartarina, Bolivar, Granby, and Master Burke. The Ma-
jor is out of training, and is put up for the Derby. Alto-
gether there wilt be about 95 or 100 hor•sss here.