Star.
London, England, 1809-05-23 00:00:00

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pointed to that serviee; in preference to him, he should
immediately desire to strike. tir fag,- and resign hil
commission. I informed Admiral Harvey, that I
should be sorry he should take so Strc;ng a measure ;
and that I had received orders from the Admiralty,
to employ Lord Cochrane, and that I could not- de-
viate from them. Upon this, Admiral Harvey,; in
a vehement insulting manner, said he had been ne-
glected in his former serSites by myself, when I heist
a seat at the Admiralty, and by other Members-of-
the Board of Admiralty, and had not been rewarded
for the services he had performed. AdMiral Harvey
added, hi a manner very offensive -and contemptuous'
to me, that he was sure I had Written to the Admiralty
to propose or recommend.some Officer junior to him,
to supersede him in *the-execution of any service that
might be undertaken by his •Maje.sty's fleet in Basque•
Roads. Observing Admiral Ifftrvey's warmth;
w:ts careful to avoid saying any thing that might
rive the least offence, or increase his irritation, but
calmly told him that I had not taken such a step ;
that I had made a private communication to bird
Mulgrave, informing him. that the enemy's ships in
Aix Roads lay much eiposed to the operation of fire-
ships ; and that no doubt many volunteers might be
found to undertake the service; without mentioning
any person to conduct it; which the Rear-Admiral,
by his manner and countenance, treated with con-
tempt, and said lie should bring me to account for
my conduct, but that this was not the proper time or -
place for it; and he said, in a most contemptuous
manner, that he despised the meanness of my sending
a communication to the Admiralty from the Acting:
Master of the Tennant, for a Court Martial on the
Rear-Admiral. I must observe that I had used all
the means In-m 7 power to accommodate the difference
between Admiral Hai vey and the Acting Master,
which I thought rather deserved the acknOwledg-
ments of the Rear-Admiral. -

Lord COCIMANE examinfd.
- Q. Was your. Lordship present with Sir Harry Neale whets
Rear-Admiral Harvey came to the cabin, after having had an hi-
tervirw with the Commander in Chin! I was with Sir H.
Neale in the cabin.
Q. Be pleased to state what passed on tinit occasion ?—A. The
only information I had with respect to his•having been with Lord
Gambler, was from. Admiral Harvey.
Q. Be pleased to state what passed relating to the naval ser-
vice?—A. Which lie stated was, that he had had a conver-
sation with Lord Gambier, relative to the appointment of an in-
ferior officer to act against the French fleet. He said that he had
volunteered his services to be employed on that duty. He also
mentioned that he had been several times treated lightly, and that
he did not think his services had been attended to in the way
they merited. There Were other things said with a connderable
degree of warmth, as if the Admiral's (Harvey's) cooltr judgment
had no connection with the affair. in
.the course of the conver-
sation he said not that 'Lord Gambier was, but iamno It p
• elite, no canting Methodist, and psalm-singer. Ido nut cheat
old women out of th..ir estates by hypocrisy and canting." He
said he had volunteered his services to 11".ordedp, and that hit
should have been very happy to •:r.,e sea; me on any o::ier
shn ; but he Ida himself extr:”Tiel hurt having a Junior Officer
pitted in A situation that was his right. He also said, " I have
spoken to Lord Gartbkr with the um:: degree of prudence'its I
have done to yoD, in t he presence of Sir H. Neale."
Admiral 1-lAiivEt took an objection that this could
newer prove the publicity of speech with which he
was charpc.l. •
The P ES;DPNT 1, that that must depend upon
the opinion of th,' Court.
_ _

PRESIDENT.—WiII your Lordship allow me to ask kr the pre-
cise words of Admiral Harvey ?
LOrd GAM BIER.—I have given the precise words as far as Ica
recollect, I wish to speak as nearly as I can tccellect.
PRESIDENT.—I only mean this. When the word reproach or
contempt is used; we wish to know the precise terms of that re•
proath or contempt.
Lord Gmwaitit.—.Adrniral Harvey reproached me with not
confiding in him, that I confided in Sir John Duckworth, but
never confided any thing to him. Admiral-Harveysaid he 4;1-
fered from me in respect to my conduct and management in the
command, and cottld impeach me of misconduct and bad manage-
ment ; and in the same insulting manner said, that he offered
himself to go in the Tonnant, or any old rotten ship, tv board the
enerny's three4ecked ship. This 1 considered in no other light
than an insult; to me. He shortly afterwards went oa the quar-
ter-deck, where I was inflrmed

BICKNLi.L submitted to the Court, that Lord
Cochrane sh.ntid state his answers. to Admiral Har-
vey, as y would chew the impression die ohnoxic us
expressions of Admiral Harvey made upon 11s LoLd•
ship's mind, whether he thought they alluded to Lord
Gambier.

Q. What answer d 94 your Lordship make to the ohsr_Tvations
of Admiral Harvey ?--A. 1 said, " You have a strange notion of
prudence, Admiral."

Q. Was your Lordshit4 afterwards present nn the tearter-deck
of the Caledonia, and did'yett hear any, and what obseri a ions
made by the Rear Admiral to Captain Bed.'ord,or any other par•on
respecting tha conduct of the Cominand:r in Cnief ?—A. I wa,
present on the yuarter•derk of the Caledonia at the time tha:
Admiral Harvey was speaking with Captain Bedford, but I did
not hear one ws,•d of that conversation. I was at that time talk-
ing with Sir H. Neale; I do not know whether any other person
was in conversation with Adns're.l Harvey, except Capfain Bed-
ford, whom I remarked.

Pt; NT.--I believe you must stop there.
Lord GA:1111ra —I should 11... e been exereia.lv IhipCy to have
accepted 3cmiral Harvey's apolt,gies, and not to have thought the
matter here.

Q. Did Rear-Admiral FarVey say any thing about your having
erdingered the ft-et more than once ? A. He never said any
thing to me upon the subject of that expedition.
Q. tid be at any previous time ;—[Question overruled.]
Q. Did Admiral Harvey his insith.iqi,° language to
your Lordship any, and what gesture ?—A. In more than
by i:xprt ss'oas l'f anger and heat it: his eituntenance, and Icy occa-
sitl'nally lifting his ha.id in a way t thought an insulting gesture.
PRESIDENT—AdmiraI Harvey, you are at liberty
row to ask any question of Lord .Gambier, derivable
horn the account he has given?
Lord GANIBIER e-..amined by Admiral HARVEY. •

Q. Did your Lordship ever officially communicate with me ot•.
the subject of attaching the enemy In Aix Roads ?—A. I had some
conversa is ri vv:,h st(imiral Harvey on the practicahiliiy of the at-
tack, and I stated what his opinion was in my foregoing evidence.
Q. Did not your Lordship consult with junior officers in the
fleet previnuily to this conve:saiion ?

I'creiocs-I-1 am very much afraid this question cannot be
answered. It rests ilt the bosom of the Commander to consult
whom he pleaces.
Questiml wnhdrawn...
_

Q. Does your Lordship krici‘t thit I have offered to make any
apology for the exi.r,ssions that escaped me, tha' became a nun
of honour? —A. I certainly 1,..uw it and should have been
most happy to have accepted of it, had it been consistent with my
duty to my country, to my profession as a naval cfficer, and
what I owe to the public character that I held as Commander in
Chief. For I must state that I bear no personal enmity or resent-
ment to ikeanir al Harvey, fc'r his conduct.
_ _

Patsiozwry—Aly Laid Gambier, you are at liberty to with-
draw.

Sir HARRY 131:RRARD NE.tLE examined.

Q. Were you on board the Caledonia on the 3d of fast month ?
—A. I was.

Q. Do you recollect Rear-Admiral Harvey's coming on board
the Caledonia on that day, and after having an interview with the
Admiral, in his cabin, coming into your cabin ?—A. I do.
Q. Be pleased to state to the Court what the Rear-Admiral
Said in your presence reapecting the Commander in Cilia, and
the manner in ark!ch he expressed himself.—A--I-was conversing
at that time with Lord Cochrane in my cabin, when Admiral
Harvey came in, and addressing himself principally to Lord.
Cochrane, said, after expressing his disapprobation e his being
sent on the service, that it Was his determination to trice his
Bag as soon as it was eteruted. He then, with great vehemence
and rapidity of expression, said, that Lord Gambier was a man
unfit to command the fltet ; that he had never seen a fleet so lb
conducted; that since he had taken Quebec he never saw a man
su unfit for the service; • that instead of sending boats to sound
about the Channel, which he considered the best manner of at-
tacking the enemy, he bad employed himself (or amused him-
self) with mustering the ships' companies; that he had not
taken pains to isc..!rtain whether the enemy bad placed any boom
in front of their fine ; that if Lord Nelson had 1..,en there, he
would not have anchored in Basque Reads, but have dashed at
the enemy at once, or words to that effest ; that he had spoken
his mind to the Commander in Chief ; that Lord Gambier had
received him very coldly after the battle of Trafalgar, and had
used hid' very ill in having transmitted the Master of the Too.
nan es letter for a Court Martial upon him.

The PR2SIDENT requested to know the terms of
Admiral. Harvey's expression of his disapprobation of
Lord Gambier.

Q. What were the words used by Admiral Harvey to Lord
Cat lirane,cxprtsnve of his disapprobation of his (Lord Gambier's)
conduct ?—A. When he came into my cabin, he went up and
shook hands with Lord Cochrane, assuring him, he should have
been very happy to have seen him on any other occasion than the
p „ rcen• • that h s 'Lord Cochrane':) being ordered to execute the
service on this occasion was an inst.t to that service, and that he
would strike his flag as soon as that service was executed. Lord
Cochrane aoswered, " 1 assure you I did not seek it—l went to
town."

. The Pit EST DENT again urged the necessity of having
the very expressions. After some discussion,
The PRESIDENT suggested the propriety of Sir H.
B. Neile's evidence being expunged, as irrelevant,
from the words " Court-martial upon him :" upon
which strangers were ordered to withdraw, and the
Court deliberated for half an hour, and decided that
it should stand. When we returned, the examination
proceeded as follows :
Q. Do you know of any other instances Of language being used
by the Rear-Admiral to you, reflecting upon the character of the
Commander in Chief ? If so, relate them.--A. I remember upon
one occasion, since. Lord Gambler's appointment as Commander
in Chief, and previous to the affair of the Basque Roads, Admiral
Harvey said that Lord Gambier had endeavoured to make it plea-
sant to the Fleet, otherwise there would be no bearing him ; a
• man must have some gasd.
Q. Was this spoken in the hearing of anyof the Officers or men
of the Fleet ?—A. Not to my knowledge—
The PRESIDENT here asked, whether at thislizne

Q. (By the Pitesina:NT). You bade recited sweral expressions
you heard Rear-Admiral Harvey shake use of in the presence of
Sir 11. Neale, and you have said that you did not know that thole
expressions alliided to Lord Garahicr. Did the impression made
upon your mind at the moincnt, induce you to believe that the
Rear-Adrniv.:l meant to aptly those expretsio:4 to Lord Gam •
bier ?--;A. 1 have put the Court in possession of all that F:t...ci
on that occasion, upon which the C curt may forth their opinion.
With Lord Gambler's private tramar;ions 1 am utterly unac-
quainted. I have heard that Lord Gambier vas a religious man,
and therefore 1 did think that he was alluded to.
Q. (By one of the Court.) Had your I.ordslfp any reason to
suppose he could allude to any ()riur person than Lord Gambier?
—A. No reason whatever.

• Q. (ty Admiral Hot.Loway.) Did Sir H. Neale make any
observations to your Lordship upon the expressions which you
have just recited to have fallen from Admiral Harvey?—A. Ide
not know that Sir H. Neale spoke all the time.
Q. (By Admiral SUTTON). When Admiral Harvey said to you
that he had been lightly treated, and that he did not think his
services had been treated as they merited, did he say It was by
Lord Gambier ?—A. To the b,:it of my recollection, he said that
he bad been Felt)), treated by the Admiralty when Lord Gambier
was of that Board; but it seemed to be more a general complaint
of the manner he had been treated in the service, with the ex-
ception of his havinp Mentioned his disapprobation of the trans-
mission by Lord Gauthier of the application by the Master of his
(Admiral Harvey's) ship, for a Court Martial, which Admiral
Harvey passed his opinion that he should not have done, under all
the circtimstarCes.

Q. ♦Vas Sir 11. Neale so near as to hear the conversation be-
iween'you and Adniiral Harvey ?--A. Admiral Harvey addressed
himself par icularly to me. bir H. Neale was within three or four
yards, looking over priers.
Q. (By one of the Court.) Did Admiral Harvey, in the pre-
sence of Sir H. B. Neale, express arty opinion of Lord Gambier's
conduct, as Commander in Chief?—A. Yes; he said that he dii4
approved of such conduct in many instances. I thi lirihe stated
one in particular, carrying sail off a ship and endangering the fleet.
He said that it had long been or was his opinion that Lord Gam-
bier was not equal to the command; and that he meant to bring
his Lordship's conduct before a Cour:Martial. That was the im-
pression oil my mind.

Admiral Harvey declined asking tlris witness any
questions.

Caphin Benronn examined.

Q. Did Rear-Atliniral Harvey come on board the Caledonia
on or about the 2d of April last ?—A. Yes.
Q. State to the Caul the observat;ons made by him to you,
alludihg to the conduct of the Commander in Chief f— 1. He
obsetvtd, that he Wai not in tie conF.d.mce of the Comtnathinr
in Chi*ef, that 1 would inform him that he was ready fur Ally ser-
vice then to be performed.
Q. Where did this conversation pass ?—A. On the starboard
gangway. There were a number of people round, uMcers, with-
in hearing of the conversation. I ohs, rved that it was not part of
my duty to make such communication to the Commander in
Chief, and desired the Admiral would As it directly, or through
Sir 11. B. Neale. He repeated his request, observing that consi-
derable time had been lost in making an attack on the enemy,
and that he had a plan fur doing this, and should be much disap-
pointed if he were not allowed an opportunity for putting it into
execution, and unless he were allowed means of doing so. Ile
seemed excessively angry, and would not allow me nor any other
person to ask hint a question.
Q. (Btjt the Per; SI 11) E NT.) When you desired Admiral Harvey
to express his wishes to the Ccannaander in Chief hiraselr, or
through Sir H. Neale, did be state arty reason why he preferred
its going through you to its going through Sir H. Neale I—A. No
re.l.soa.

Q. Did the Rear Admiral on the fullbwing day Again come on
beard the Caledonia ?—A. Y. s.
• Q. Had he then an interview with the Commander in Chief in
his Lordship's cabil. ?—A. I ht.lieve so: I went off the quarter-
deck.

Q. Did he afterwards on the quarter deck make any, and what
observations to you concerising the conduct of the Commander in
Chief •?—A. He tc Id me to tea any person that the 'Formant was
at his service, for he was determined to strike his flag ; that the
person bring sent to perform the intend. d service, was cer-
tainly the suggistion of the Commander in Chief. It was an in-
jury to every of in the fleet, and .to the service in general,
which I agreed to, saying, he believed there was but one opinion
throughout the fleet. He said Lord Gamhier's conduct to him
on Ins return front Trafalgar, as well as his forwarding a letter
by the Master of the Tonnaut, for a Court Martial on hint, mere
proofs of his methodisticaT, jesui.thal conduct, and of his vindic-
tive temper. That l.nrd Gatiihier's conduct since he took the
command of the fleet, did not meet his approbation; 'that he em-
ployed the office:B in mustering the ship's companies, instead of
gaining information as to the soundings: that he thought him
quite unequal to the command of the fi 'AI, and 'auk he knew I
was of the time •opiaion, and that it was unfair to put the qttestion
to hint. Lord Cochrane and Sir H. Neale were walpt gon the
quarter deck. Ido net-mow that they heard the eonveraation,
but think they must ; for they laughed, and aid, "hear loin

,

. -
... . . .
: t-. • . • .
Admiral HARVER Vas SOCIXICI ... Inn -
in litiii • 'ce Ad hal" . hiffi !" Admiral Harvey, on gsiini tint of the 44, isktd
he
if I had mile the Commandeer this offer of service, for he
attitat HARVEY, in explanation, tia;d he never *at se- 'Pin
was read to perform any duty. I told hint I had. I believe more
. might have been said. as to "tile Cortimander's untitness,fiant I
cond ht command exCept. in Basque Roads.
avowed the conversation. It must have been. heard by the do's
, • And in a conversation either with Lord Mulgrave or the Bard
of Admiralty; it was mentioned to me that the expedition was er,w, as I afterwards t
he It In e.epublic papers. He said hefted
composed of bombs and fire-ships, fOr the purpose of destroying spoken his mind to the Commander in Chief ; but no one was
the French Iltei in the Isle of Aix I answered that it was a set:-
vipresent et the time.
vice very easy to be executed. I was asked if I Would undertake . Were the observatioes you stated, made by AdMfgal Hats-
it t I aniwered, yes. Admiral Hervey said, that he meant no- vey, in a tone and manlier of voice to he heard by any of the
, thing personal to him (Lord CoChrane); he hada high opinion of •
officers and men of the ship, on.the quar:er deck and poop, or
aim; he spoke only to the Insult: Then &Bows what I have be- on any part of the ship ?—A. Certainly.
fore stated relating to tar Admiral. Admiral Harvey likewhe Q. Do von know the conversation between Admiral Harvey
said, that he had made an offer to go in with the Tonnant, to and yon--was it. heard by any part of the ship's crew ?—A. Isre,
bring out the enemy's three-decker.
~,,, Ido not ; I speak only from the situation.
Admiral HARVEY had no question to ask this witness. .q. 'I lit n you only conclude the expressioas were heard from
, seeing solieel•ing ii.ne them in the newspapers?—A. Certainly.
I Q. Were any cfrt:er; :it'd men within hearing ?—A. Yes, there
were no: less than thirty persons upon the piarter dick.
Q. (By Admiral WELLS.) Was Admiral Harvey second in
eornmand (el either or both of those days ?—A. Certainly ; his
file was.d) ing.
Q. (By one of the Court) When the conversation took place
between you and Admiral Harvey, was it thentinderstood that
Lord COCIMA er was to command the fire-ships ?—A. I under.
stood the COminand.:r in Chief was to go himself at that time.
AdMiral HARVEY declined asking this witness ant
questions. . . .

s;-x

Captain BERESFORb examined.
Q. Had you any conversation with Admiral Harvey some few
days before you left Basque Roads on the subject of attacking the
ene:ny's fi set under the Isle of Aix ?—A. ;some days before Ad-
miral Harvey left Basque Roads' we agreed in opinion, that the
en-my's sh'ps in Basque Roads mold not be destroyed by our
fleet without running the risk Of both brir.g sacrificed, and thought
fire-ship 6 the enemy might be destroyed.
Q. What time did Admiral Harvey leave Basque Roads
0 • the sth Aprils That war all the conversation that Admiral
HArvey ce.t I ever had respecting the Coraniander in Chief.
?a W re you fa queri ly in his :.();:icty ?—A. I was fr (quently
in his soci-ty, and n( ver heard him say any thing dist( spectful of
the Cemlnander in Chief.
Admiral Harvey declined to ask any question of
this svitne!.s.

Captain BO WEN examined.

Q. Did you tear the Rear-Admiral pitblicly at his table make
us- of a.ly expressions reßecting on the publicPonduct of the Com-
mander it; Chief?—A. I cannot precisely recollect the ti• e when
Admiral Harvey made use of such expressions, but I have foul
him express an (pinion,. that the Commander in Chief was not
comp tent to the command of the fleet. This was in ii:sque
Roads.
Q. More than once I—A. Certainly; I have beard this pub-
licly, but i cannot confine myself to his table.
Q. Was it so spoken as to be heard by other persons leside
y-mself I—A. I have no doubt that others heard it ; the single
midsidinnen and the quarter-masters must have heard it, and other
officers about.
Q. At this time was he addressing his canversation particu-
larly to you ?—A. Particularly to me.
Q. Did any person, who might as you have supposed. have
heard these conversation; between the Admiral and you, ever
make any obaervation, to you of What had passed between the
Admiral and yt u ?—A. N.fter, to the best of my recollection.
Q. What led the Admiral to introduce the conversation,?—A.
Admiral Harvey was in the habit of conversing with me when
he walked the deCk, on various other topics as well as the con-
duct of the Commander in Chief, which were not :t all connected
witheach other, and I do not recollect any chit% par. icelar which
introduced the conversation respecting the Commander in Chief.
Q. Did you ever hear Rear-Admiral Harvey say any thing
disrespectful of the Commander in Chief on his way to London I
—[Q::estion over ruled.]
Admiral HARVEY declined asking this witness
any question.