Star.
London, England, 1807-03-11 00:00:00

SIR lIU4IIE POPHAM ?RUG.

PORTSMOUTH HARBOUR, MARCH 6. I
FIRST DAY.
The nrnal formali,tes of fwearing the Members of
the Court, and Judge Advocate, bring gone through
—the Order from the Admiralty appointing Mr.
Jervis to coodnEl the profecittion ; air°, that direeting
Mr. Bicknell, their Solicitor, to alfia him, were lead.
Both were ligned by Mr. Marc:len.
After the warrant for the original arra of Sir
Home Ponttarn wa; read, the following Litt of
Witneffes fummened upon the ilia], were called over:
Lord Melville Captain Parker
Lord Whitworth Dmidaa
Mr Hufkilfon Laughlan Maclean
Mr S. Bourne I.icut. Madden
Mr Marfden Mr Thomas Browne
Captain King Mr Thomis Wilfon
9---- Edwards Mr Huiiingfwortto
The charge, a copy of which has already appeared
in this Paper, was teen read by the Jtoly,e Advocate.
This charge recited t S different documents, cull of
which was read, and are as follows:
No. I.—Copy of Original Inftruainna to Sir Home Popham.
No I.—( Mutt acr, t )
By the Commiflioners fer executing the Office of Lord High ^
Admiral of th, United Kingdom of Great lir:toin and Inland.
Tlie Lord Viscount Cartiereagh, one of his Ma-
jelly's Principal Secretaries of Stare, having with his
letter to us of the 25th July, traamitted a cony of
the inftruCtions which, by command of his Majefly,
he had fornifhed to Major General Sir David Baird,
commanding his Majesty's Land Ponces, on an ex.
r Jition for attempting the reduction of the Cape of
Good Hope, on the fribjeet of which the Major Ge-
neral has been direEted to communicate with you in
the moll confidential manner, and to convert with
you fuch mealtires as may be belt for his Majefly's
let vice. We tranfirtit you herewith a copy of the
fa inflruCtions for your information, together with
copies of the inflruCtions from the Secret Committee
of the Court of DireCtors of the Ean India Compa
ny, to the Governor and Council of ht. Helena ; and
• alfo to the officers commanding their (hips, which
you will communicate to the laid Governor and
Council, and to the laid officers, as you {hall think
it expedient ; and we do hereby require you, and di-
re& you to communicate, in the moll confidential
manlier with Major General Sir David Baird, to
furnith him with all the information in your power,
and to co-operate with him in the execution of his
-Majefty's commands, concerning Inch meafures,
wi.h the Major General, for proceeding again(L the
Cape, in the manner which may be molt likely to
cool e
On your artitval at Madeira, you will take under
your command his Majetty's thips named in the
margin 4', which you may expea to find there, (and
the Captains of which ale direaed to follow youi
orders,) together wiih the tranfports, viCtuallers, and
Indiamen, and on leaving this ifland you will deliver
to the feveral Captains and Commanders fuch ren-
dezvous in cafe of fepatation as may be judged moll
likely to enabie you to arrive cff the Cape with the
wh le of your collected force.
Upon the furt ender of the Settlement to his Majef-
ty's di ms,you ate to ufe your utmoll' diligence, as far
a, may depend on you, to have the troops and recruits
deini ed for lions, expeclitioufly re-embarked, in or-
der tia they may proceed, under the convoy of the
lisiliquer a, tr. the ulterior detfination, notifying by
them, or by the carlieil opportuiiity which you can
find, the furrender oftheCare to the two Commanders
in Chief of his Majcity's Naval Frees in the Indian
S.as, in OT do. that the arelinorned colontonication
with the Colony may again be opened. And you
are further direCieel, as loon as the ohj-C1 of the expe-
dition (hall he accomplifhcd, to fend the Raifonahle
to 5.. Helena, with orders to take under her con-
voy loch f the veilas of the Eat India Company and
others as may be colleCted at' the irmna, and proceed
with them to Spithead.
In the event of cireumnanccs wiling which may
make it expedient to delta from the enterptize, you
are neverthelefs to detach the India (hips to their
deftination, tinder the convoy of the Banquette, and
to terut n with the remainder of your force and tranf-
ports to St. Helena ; and not finding there any trait
inittitaions, alter waiting fifteen days, or longer if
it (hall be found expedient, you will proceed to Cork
with the (hips and tranfports under your convoy,
unlefs you (hail receive a different &Inflation at Port
Prava, at St. Jago, where you are direeted to call for
fu ;flier orders, leaving at St. Helena the Raifonable
to take under her convoy any of tae homeward-bound
E•rft India th.ios that may either have arrived there,
or be expeeled to arrive within one month ; but in.
the event of none being there, nor any expelled in the
ab •ve mentioned petind, you are to continue the
R..ifonahle under your command, and proceed as
boore diteCted.
Irnmediate'y after the furrender of the Cape, or
in :he event of circumllances arifing which may
oblige you to defitt from the enterprize, you are to
..14,a•c;1 t re of the (mall vefrels, which will accom.
poly you to Ergland,•tra Emitting to our Secretary,
roe .au b formation, tot account of your proceed.
irgs•--Given, arc. July 29, 1805.
_

BARHAM.
J GAMBIER.
PH. PATTEN.
In Oil- was an iticloturt, contaii.hg the Secret lultructians to
0. 11.4(1 to co•operate with t4ir H. Popham.
No a.. Admiralty Office, Aug. 2, COS.
Sir—l am commanded by my Lords Commit'.
linnet s of the _Admiralty, to fignify their direftion
to you to fcnd 4 frigate to cruize on the Eaft
Cria!l of South America, between Rio de Janeiro and
Rio de la Plata, as form as you (hall have accom-
pliflwd the objeCt of the expedition on which you
are ab,,ut to prt.cecd, for the purpofe of procuring
intelligence of the enemy's motions, in order that
you may he prepated againti any attack they may
be difpoted to make on the fettles:tent.
Yours, &c. J3HN BARROW.

By eamtoaNd of their Lordihips,
JOHN se ißow.

To Captain Sir Homt Popham.
No.;. Is dated Admiralty Office, September 14, 1805, and di-
rea; Sir Home to retain all the tranfports at the Cape of Good
al..cr the reduction of the tettlernent, until be received
tortoer orders.
No. 4. Dated Admiralty Office, Sl)t. 24, direded Sir Hnme
to frnd :ranfports to India for the conveyance of the troo?s, which
at:eurdirg toad incluf.tre addrifr.:d to Sir 1) Baird, that Officer
wai lolls-tided to find to India, in cafe of a Lew war apprehended
with Sciatica and the Rajah of Herat, in conjur Elion wick Holkar.
• Ildliqueux, Raifonab)e. Diomede, Narciffus, Leda, Efpoir
Caop, ar.,l Encounter gon-brig,

In this order Sir Home was (Ended to proceed to ind 4" with the
whole of Sir D. Raird's force, if necelfary, with the exception of
the Royal Artillery, Engineers and Light Dragoons which he was
ordered to fend to Europe, with a frigate and the Rairottable,
provided the had not left the Ration. He was alto ordered I
to Europe fuck of the prifoncrs of war as he might not find
pedient to enlist.

et-

The enclofure Rated that Lord Cornwallis, or Inch perfon as
ihould be. Commander in Chief in India at the time, was direded
to fend for reinforcements to the Cape of Good Hope. if requir-
ed. After having fafely conveyed the troops to India. Sir Horns
was diredted to return to the Cape of Good Hope or to St. H :lens,
ac,o:ding to circumftance►, " at one of which places he might
expect to find orders for his further proceedings."
N 0.5, dated Admiralty Office, November it, 1805, ordered
Sir Horne. on the event of the furrender of the Cape, to fend home
without delay, under a proper convoy, an the tranfports which
were not wanted for the conveyance of the troops ordered to pro-
ceed to the EaR Indies.

Nos. 6 and 7, dated the 13th and Alth of January, t 806, from
Table Bay, Cape of Good Hope, contained Sir Home Popham's
account of 'the capture of the Cape, with the articles of Capitu•
lation, Ste: which appeared in the London Gazette.
No. 8, from Sir Home to Mr. Madden; (tates the capture of
3 French brig, which was brought into the Capc, by which means
he got poffeffion of two letters from Admiral Linois to General
Janfen, Commander of the Cape at the time of its capture, and to'
the Minilter of Marine at Paris, fell into Sir Home's hands. From
their letters it appeared, that Linols never again intended to go to
the Me of hrance, as provilions were not likely to be had there, if
he monad have occafion for them. This letter alfn (tuts the arri-
val of a Panifh fhip at Table Bay, from which Sir Home learned
that the had the evening before been boarded by the Piednitontefe
French frigate, which was a large fhip hound for the Me of France
Qf this the writer mentioned, that he would tranfmit intelligence
to Sir Edward Pellew. The following is the paragraph of this
letter—. '1 he letters front I.inoi. are rather too equivocal to fay
exadtly when he will arrive, but he may he expedted trent the
beginning to the end of March, and as the Northumberland and
Euphrates indiamen are ezpedted the beginning of the enfuing
month, 1 Iball proceed immediately off the Cape with my whole
fquadron, to prevent, if poffible, his falling in with fuch valuable
Ibips as they would be to him, as well in point of the intelligence
they could give him, as the great fupply of provifiims and ftores
which they contain, and of which they fo effenti dly (tend in need."
No. 9, dated "t able Bay, March 4, was a letter from Sir Home
to the Admiralty, communicating intelligence of the capture of
a French fhip called La Volontaire, which he defer:bra as "the
forerunner of Admiral Willaurnez's fquadron."
No. 10, dated March 4, informs the Admiralty of the propriety
which Sir Home felt of defifting from his endeavours to raise the
Atalanta French frigate, becaufe, as he Rates, " the poffihility of
the enemy coming fuddei ly upon us, whcu a number of our
men were abfent, made me abandon the idea of again attempting
to raise her."

No. 11, dated Table Bay, March az Rates Sir Horne Popbatn's
compliance with the requell of Sir David Laird, to fend two tranf•
ports, with the whole of the French prifoncra to France. The
writer urges, as a reafon for complying with this requeit, in addi
tion to the motives which operated upon his own condud on a
fimilar occaffian (the fending to France the officers and men taken
on board I.a Volontaire), '• the difadvantage, if not the extreme
danger that would attend the detention of fo many French pri.
loners, at a time when an attack on the colony is a pollible cafe.
and likely to I c fo for come days longer." He added, that he would
adopt the fame expedient with refired to any pneniers whom he
might capture, in cafe, faid he, "any part of the fquadrona of
which we have had intelligence, mould coat in here by (mall pro-
portions, to water and vidtual.'
No. la, is dated Table Bay, March z t.--in this, Sir Home
mentions the arrival of a IA hater at Saldanba Bay, the officer of
which fisted, that he had on the 23th of February, in lat. 33. so.
8. and long. so. E. of Greenwich, fallen in wi'h right fail of (hips,
Recring about E. S. E. and thoue`•.t them Englich Eaft lndiamen,
but he was not long in, light. The writer adds, " Admiral Wil-
, lautrez's (quadron conGfted ally of feven fail; but they may have
Liken a prize, or this may be a (mall convoy of Indiatnen."
No. 13, dated Bay, atit March, is a letter from Sir Home,
in which he Rates, that a brig from Tonningen had fallen In with
the Leda, which was at that time cruiOng off St • Helena, and in
formed her, th it the had been boarded by Willaumez's fquartruii,
in lat. 33. 23. and long. to. it. The mailer of the bng, ther4fore
Lid to the Captain of the Leda, " Bet off, or you'll he taken by
the French." Front the time at which this beg had ma Willau.
!Ilex, the writer concluded, that if bound for the Cape, he mull
have reached it Come days before this letter was written, and from
the provifion• and water which the fleet originally took nut, as
Rated by the Captain of the Volontaire, he was of opinion, that it
would touch at Rio de Janeiro. He immediately difpatehed in-
itelligence by the Rolla brig to Admiral Cochrane, in the Weft
Indies,to St. Helena, and to Sir Edward Knew.

This letter, tete' ring to one of the aoth, Sir Home
Popham laid, that he thould, in his defence, t tke the
liberty of prouiticing the letter of the zoth.
. .

• Admiral Rowt.ir thought it might as well be pro-
duced now, as it was conneeted with the other.

Sir I-16m a obferved, that he had not the copy of it
n board.

No. t4.—His Makity's Ship Diadem, Table Bay, April 9. iBo6
Silt—As the feafm is very far advanced for lying
in this Bay, and the weather particularly unsettled
for the time of the year, I propafe quitting it with
the fonadron immediately ; more elpecially, as frcm
the length of time that has elapfed lince we heard of
Admiral Willaumez's fleet, it was very improbable,
confiflent with the fit uation he was then in, that he
should come here at prefent.
7 o determine his pi ition at the moment would be ;topple,
and it is almoft equally difficult to decide on the belt
mode of applying the exertions of the fqtradt on the
etifiling two months, to the greateft advantage.
The intelligence we received by the Volontaire and
Camel has already been tranforitted to you for their
Lordffiips' information. It appears materially to
incline to the fuppofition, that the Weft Indies is the
dellination of Admiral Willaumez's fleet, but Gene-
ral Anker, the late Governor of Tranquebar, who is
juft arrived here on hi, palTage to Europe, inf•amed
me in the courfe of converfation, that a French fqua.
dron was expelled at 111ausitius, but that it was itnpollible
for that island to fupply any flour to it, without look-
ing to Rio de la Plata, on the coaft of Brazil, for a
lupply ; on which coryideration, I tbin4 employing the :qua.
dron in cruizing a fhort time of that coal!, inflead of remain
ing idle, will be a difpilition fraught with fome advantage:,
and which I hope will appear fo evident to their Lortyhips,
as to induce them to approve of the meafure.
As this letter is to be cooveyed by a foreign (hip,
I shall not enter into any minute detail, but fay it is
my
,intension to proceed off Rio de la Plata in the
first instance ; to fend the Raifonable to her deltina-
lion by the time fixed ; the Diomede to Rio de Jr-
neiro, to prxure rice for the er:lony, of which it is
in the greateft want, and to return immediately to
Falfe Bay with the other (hips, unlefs I (hould hear
that Admiral Linois is at St. 'Catherine's, preparing
to cruize for the outward bound Ealt Imlia trade, in
which cafe I (hall endeavour to intercept him, if it
does not infringe on the time of my return to the a:ape, to re-
ceive their a ordfiips' command:, in confequence of the dif:
patch,: conveyed by the Efpoir.
When I have the opportunity of a fate conveyance
to write more fully to their Lordfhips, I hope the ad-
ditional realms I (hall give will be fufficient to fatisfy
their Lordfhips of the expediency of the meafure
which lam now about to adopt. I have the honour
to be, &c. &c. (Signed) moms POPH•M.
A4adden, Efq. Stc. Sic. Bcc.

No. IS —Diotnee, Table Bay, the z3th April, do 6.
SIR—I had the honour to ;Word's you on the gth
instant, for the intormation of the Lords Commit•
(inners of the Admiralty, and as Bated in that letter,
weighed on the loth with a light breeze, but it

foes, after fell calm, and I was obliged to anchor in
the outer part of the Bay.
In the evening I received force intelligence refpee.,
piing the weak Rate of defence which, Monte Vidcm
and Buenos Ayres were in, and I returned to the
More the following morning, to communicate it tl
General Sir David Baird. _ _ _

utelligence fo fully con oboratect-what I: had
alreatly received from vari..u. quarters, that I fug-
pelted the expediency of fpariog a few troops for a
fhort time to enable us to !sting a queflion of fuch im-
portance to immediate 011ie. I hefitate not to confefs
to their Lordfhips, that I urged it with every argu-
ment in my power, from a conviction of the great and
fplendid benefits which the country would del ive by
a conquelt of filch a nature at this moment, em-
bracing confiderations of various advantages, not
only to the mother country but to this colony, which
has been threatened more or lefs for many years with
famine, owing to the failure of its crops.
The refult of my inquiries for many years refpeft-
lag South America in general, and Buenos Ayres in
particular, have been prefented to his Majetty's.Go-
moment, and as it was at one time fettled that I
fhould be fent there, I took every pains to form a de-
tailed project for a combined operation, and which I
had the honour of giving to the late, and fending to
the preient firft Lord of the Admiralty. After Sir
David Baird had ferioufly confidered this lubjed, and
confulted with General Beresford on the occalion, he
determined to accede tom}, propolition, and the 7111
regiment was ordered for embarkation under the di.
reaiptis of Brigadier General Bereslotti ; and I have
the pleaftire to inform their Lordfhips that the whole
of that regiment, wi.h its detachment of artillery,
honks, and all its other departments, are embarked,
and we only wait a breeze to fail, and the concurrent
tettimonies of various people whom we have exa-
mined, give us the greatell pi aped of fuccefs.
If our expeEtations are realized, I (hall lofe no
time in bearing mvfelf the difpatches for England ;
Sir David Baird will notice this to Lord Caltlereagh,
and affign the reafons on which fuch a decifiln was
founded ; one of the principal ones however is, that
of conveying to their Lordfhips the true fituation of
the country, its commerce, refources, difpofition of
the inhabitat.ts, and the extent to which its exporta-
tions may be carried, with a fcale alto of the confomp-
Lion for the manufadures of Great Britain.

Although there are points on which I cannot doubt
but their Lerdfhips have collected a great deal of in-
formation, yet I confider what may be peitonally
conveyed by an Ofli:er, whole fole ambition is to
obtain their Lordflrips confidence and good opinion,
will be more general, more equal, and more frecific
than any which can be obtained by other channels ;
and as Captain Rowley is the next Officer on the lift
to myfelf, I confidered that the fervice would be de.
prived of little dignity wi h refpeet to rank, and cer-
tainly none in point of zeal, judgment, and ability.
1 have only prefumed to fay a few words on the
advantage which we may derive by the exports from
this country, by the channel of importation which it
opens, up a navigable river, for many hundred
leagues, to fupply fever al millions of inhabitants with
the manufactures of the United Kingdom. There
however, another, not of leis coafequence on any
conlideration, which is that of depriving the enemy
of this moll valuable trade, which is carried on en-
tirely under neutral flags. There profpeCts not only
apply to Great Britain, but the communication with
this colony will remove ali idea of famine in future,
and be attended with Ina reciprocal advantages, far
beyond any calculation of rick in the prefent under-
taking. This letter will go by a neutral fhip, but I
hope under fuch a precataion as will aimott enfure its
tale delivery. I will, h, wever, not enter into any
further particulars, but Rate, for the information of
their Lordfhips, that the moment the place is taken,
I (hall fend to Rio de Janeiro, becaufe it may enable
his Majefly to give difcretionary powers to any troops
bound to India, touching at Rio de Janeiro, to pro•
ceed to La Plata, if the Commanding Oilcer hears
that it is in our poffeffion.
I will alto fend notice to St. Helena, as the Go-
vernor may be induced to (pare us s few troops from
that Hand, and I have already advifed him of this
enrerprize, hoping, that in the &It imliance, he may
be able to detach one hundred artillery men in the
Georgiana Packet, and at the fame time acquaint me
if he has information of a man of war from England
from his June convoy, which will prevent the necef-
fity of my fending the Railonable, or another flip
there from La Plata.

I inclofe to their Lordfhips one of the letters which
I have received from the matter and owner of an
American (hip, who is now oh board the Diadem,
and the refult of many examinations is, that there
are not above five hundred regular troop. at the two
places, form provifional cavalry and militia ; that
the walls of Monte Video are in a very ruinous (late,
and the inhabitants difaffeCied bdyond any calculation.
I hope the view I have given their Lord!hips of
my conduct, and the motives by which I was induced
fa flrongly to prefs on Sir David Baird the expedi-
ency of undertaking a projed of zeal, enter!), ize and
exertion, promifing fo much honoured profpeet of
advantage to the empire, will be confidered by their
Lordfhips as far preferable to the alternative of al
lowing the fquadron I have the honour to command
to moulder away its natural energy by wintering in
Falfe Bay, and eventually become paralyfed after re-
maining fo long, as it has done, in a (late of cold de-
fenfive inatlivity. I have the honour to be, &c.
(Signed) HOME PoPHAM.
In this letter were the following inclolures: The
firft is from the American Captain alluded to in the
for mer letter :

Cape of Good Hope, 28th March, 18c4.

Salt-I beg leave to reprefent to you, that I have
been three times at Buenos Ayres and Monte Video,'
that both places have the greaten abundance of wheat,
flour, and indeed every fort of provilion. From my
knowledge of the minds and difpnfition of the inhabi:
tants,' can afrure you that his Majelly'sfqoadron under
•your command, with a finali military alThiance, would
with cafe take poifetfion of either of thole places, and
if permar•.entpcffe(lion could be effeeed,there is not the
fmallefl doubt of procuring any quantity of flour ; and
to prove to you that it is not an idle fuggetti.m to mil-
-1 lead the B: iti(h, I could have no objection to be one of
five hunched men to attack either place. I am fure
the inhabitants ate fo ridden by their Government,
that to prevent a (hot being fired at Monte Video, if
they hai any threat from the men of war, they would•
fend opt any quantity of flour or. bifcuit to prevent

mifchief but the places may be taken as I :Itfcrihe
and if the trade is thrown open, all the inhabta:,4
would willingly acquire and keep the place for the
Bikini nation without troops, which would be a trine
of wealth. I hope poi will a n make ufe of my name
improperly, as it may injure me greatly. I myfelf,
with my (hip —, are at rur fer vice, to do what
you .pleafe to get- poffeffion of Buenos Arcs.
I am, Sec. (Signed)
The Judge Advocate repealed the writer's exprefe
stint that his name fhould not be publifhed.
Another inclofure in Sir Home's letter to Governer
Parted, St. Helena, in which the Honourable c„puin
in.:toted his let•er to the 'Admiralty, and requelled
fame mill.ry affillance, particularly a company (4
artillery, or fuch force as he could (pare. This :ettcr
is dated Table Bay, 13tli of April.
• No. r 6, dated St. H t-na. 3otb April, bas 611"3:
(t:OI4Y )
• Si e—ConEirmably to the letter I had" the !meat
of addreffing you the t 3th intlant, I failed from thy
Cape with the (hips named in the margin*, having „ri
!board the regiment with a (mall detachment of
artillery and a few dilmonnted dragoons.
On the night of the :nth, in very fquall enfetthd
weather attended with a high fea, the Ocean parted
company, and as I thought it poffible fhe might have
I rolled away the main mall and bore up for St. Helena,
it was deemed advifable to bear up for that Ifland,
not on;y on account of the Ocean, but becaufe it had
been fuggefled as pollible that the Governor might
be able to (pare a few hundred troops to Ilrengtben
the expedi.ion, efpecially as it had been propofed,
'during the late war to attempt a fimilar enterprize
with the troops of the iflend only.
That no time might be loft after this decifion was
I taken, I difpatched the Encounter to Captain Honey.
' man, who was cruizing off the mouth of th River,
to warn him of the probable arrival of the Ocean,
and the Narciffus was fent to St. Helena with letter
No. 1, to the Governor, and although I have not yet
received an official anfwer, yet he has ordered is()
infantry, and too artillery men with two howitzers
i to join the Expedition, and as I twit they will be
I embarked either this morning, cv early to.mnrrow
morning, I hope we than be able to fail immediately
in the execution of this fervice. I am, &c. (Signed)
HOME POPHAM.
Since writing the above, t have received the Governoesanfwer
No 2, to which I have annexed my aofwer, Nu 3, for their Loni-
Clips' Won:ration
The ineloled contain the letters referred to in this
ponfcript.

No. t 7, .dated Ric de la Plata. July 19, is the difpatch front !it
Home to the Admiralty. fun 1111 l ming the eaptore of Buenosityrn.
This letter contents the copies of two letters, the one addreffedo
any Officer, fenhar in comn.and to Sir Home Popham, at the
Cape of Good Hope, and the other to any Gfficerjun. Both prgs
ft-ongiy for reinforcements, In order to be enabled to proceed to
farther, eff,nfive operations, particularly agaiult Monte Video. In '
the letter to the Junior Officer, Sir Home, ttates, " 1 think it right
to dire ft that you lofe no time in difpatching all the r.aval ((meat
the Cape to this place, except fuck put as Sir David Baird anti
' yourfelf may think it ahfointely necelfary to detain there.''.
No 18, is a letter from Sir George Slice to Mr Madden, lade.
fing the copies of two letters addreffed by Sir David Baird to Lurd
Caftlereagh, and dated at the Cape of Good Hope on the tath of
April and 3th May. The first of thefe I tiers communicates an
account of the (let ichment w'ich Sir D Baird had fent with Sir
Home Popham to the Rio de la Plata, and Rates the rtafun which
induced that Officer to concur enterprize, which rtafons are
quite tantamount to thofe which appear in Sir Home's letter to the
Admiralty, detailed in No ts —General Baird expreffes his hope
that the importance of the object, aad the apparent facility of at •
taining it, will !trot to reconcile tits tiajefty's Government to his
conduit in undertaking it without any fpecial command. The sd
letter from General Baird contains an account of the Cannonier
French frigate having sin the 3oth of April anchored in Simon's
Bay, and having fent a Lieutenant on flu-re, fuppoting the Cape to
be Itill in the polfeffion of the Duteh--•but that the Lieutenant
was, with his noat's crew, takeu.prifoners, and the Cannonier cf•
taped by cutting and putting to fea again,' with the greateft pred•
pliaiion, leaving two anchors and cables behind her. This letter
further mentions the capture in Table Bay of the brig Fortuna an-
der Melanburgh, bound to the Cape and to Batavia. The write
mentions that among fame difpateltes which were found on board
this brig was an order to the Governor at the Cape. (fuppofing that
place of courfe to be in the poffeffion of the Deitch) to revelvealy
French troops which might a rrive in a diftinguifted rnamier,atedna
yield the conamand of the French and Batavian forces to the Sok.
Officer of the former, although of inferior rank, " An intercom"
obferves General Baird, " may, 1 think, be fairly drawn-from/Ms
circuntftance, that the French meditated to fend out a body of
troops for the purpofe of either taking poreffion of the Cape, w of
forming a conjund expedition againft St. Helena, or fame ofow
Afiatic Poffeffions."

Upon reading the firft incl .fore in the lan number,
Sir Howe POPHAM pointed out an omifflon, pro-
bably in the copying the letter, as it only mentioned
" the Welt," whereas it &fluid have been " theWeit
Indies" to which the French fleet had profeceted
their voyage, according to the intelligence he bad
received, and Sir D. Bait d had his information from
him—therefore there muff have been a millake in
the infertion of the wotd Indies," which he wiflied
to have forfeited, left any improper imprefEon
&Add be produced by the flatement as it now sp.
appeared.
Mr. jaarts was not prepared to (peak to the coif.
iron pointed out by the Hun. Captain, in this copy,
as he had not the original difpatch by him. He was,
however, not difinclined to admit that there might
be fuch a mistake as chit alluded to by the Huss.
Captain. However, as he had not brought down the
original, he could not Elate pofitively. This original
indeed, he did not think material, as he did not mean
to offer the letters referred to as evidence againli the
Honourable Captain, although read in the ttatcmcnt
of the charge.
Sir HOME POPHAM was aware that fuch letters
wee not adnoiffible evidence againit him; but yet be
withed that any document laid before the Court Should
be cot reit, and in that cafe he had no objection what-
ever that any letter and paper at all relating to the
fubjeit of the charge before the Court, amid be
brought forward. Indeed, he could not but be
anxious that every thing connected with this bulineft
Should tranipise—concealment was not his intend.

Mr. Jeer's, after obferving that perhaps Ibis cc*
verfation was irregular, again remarked, that as this
paper was not adduced ao evidence, any miflake is
it could net he material. However, he fhould have
no objeFlion to accede to the Hon. Captain's with.
Sir Hosts PoPHAM begged not to be uederftood al
allti,T for any thing which he could not prove. But
it would rave time if the Learned Counfel would at-
cede to the admiffion required.
After Mine fat ther converfation, Mr. Jarvis ad-
mitted that Sir H. fopiiam reprefented his belief to.
Sit D. Baird, that the I'lcm:it fleet had gone to the
West Indies, which admitfion was entered accor-
dingly.
The JuDGe ADTPCATR flared, that the paper
• Diadem, Raifonahie, Diumede, Narcitras.'Erteuanter. Trak
porto—Walker,Triwn, Nclantho, Ocean, Williastaa

which he had read compofed all that were referred to
in the charge before the Court.
Mr. J. iris aiked, whether the Hon. Captain ad-
ruit,ed the receipt of the original inftruttions of the
29111 July, 1805 ?
Sir HOME Poetam" Certainly ; and I admit
every document referred to in the charge, which pur•
ports to baxe been mitten by nie ; alfo fuch as I re •
coved."
The inflruZlions were read over again as evidence
.—but Come of the documents which immediately fol-
lowed being but copied, with Come blanks, the Court
adjourned for fome time, until the originals weie fent
for afbore.
Sir Hom s POPHAM Rated, that he never received
the numbers 3, 4 and 5, until the other day on his re-
turn to England. He therefore could know nothing
of the orders they contained. There was good rea-
fon indeed, that thefe difpatches never reached him,
for the Belle Poule packet which contained Come,
was, as he underflood, captured by the enemy ; and
The Lyar, by which the other was fent, never touched
at the Cape.
Mr. Jeans admitted therefore, that thefe dif
patches did not form evidence to affctl the Hon. Cap-
tain, as knowing their contents. He adduced them
merely as evidence, that fuch orders were iffued by
the Admiralty.
Sir Hosts POPHAM afked then, if not againa him,
why bring them forward at all upon his trial ?
Mr. Jaavis" To Phew that the Board of Admi-
ralty believed the Hon. Captain to be at the Cape to
receive orders."
The PRESIDENT..." As there is no evidence of the
receipt of thefe orders, of courfe no charge of difobe-
dience can arife out of them."
Sir Home Pop isant—,, Then for what purpofe are
they laid before the Court, if they ate not meant to
ailed% me ? I really cannot conceive the obje& which
the Learned Counfel has in view. Ido not mean to
argue a point of law with that Learned Counfel."
PRESIDENT.—" He is not here as Counfel—he ap-
pears here as Profecutor, to which the Admiralty
have appointed him."
Sir H. POPHAM—" Then he officiates in a double
capacity as Counfel and as Profecutor."
PRESIDENT...." We know him here only as a Pro-
fecutor."

The Juno g Anvocava alked, whether there letters
should be admitted ?
PRISIDENT" Let them be receive& the Court
will confider afterwards how far they bear upon the
cafe before it."

After the letters, &c. admitted by the Prifoner,
had been read in evidence—

Mr. Jeav; Rated, that the cafe for the profecution
was doled. The Leatned Gentleman obferved that
the Honourable Captain, in a letter officially receiv-
ed frr,m him yefterday, placed a good deal of em-
phatis upon what he called the introduCtion of new
Meatier into the charge which had recently been con-
ve-ed to him. But having feen the charge, a copy
of which was tranfmitted to the Honourable Captain
immediately after his arrival in England, he declared
that he law no material difference between that and
the former. He was lorry, that in the former the
documents to be adduced in evidence were not fpeci-
lically delcribed, as the Honourable Captair pro.
felled to feel fume inconvenience on account of that
ontitlinn.

Sir Hosts Por Hare obferved, that the difference
would be obvious to ;my man who reviewed the do-
cuments themfelves. Indeed, there were Come pa-
pers read to-day, which be had never Peen or heard of.
The PRESIDLNT telling Sir Home Popham that
he was now at liberty to enter upon his defence—Sir
Home requelled liberty to retire with his Counfel for
a few moments, which was granted. Upon his re-
turn to Court,
Sir Hom E Paid he mull cnnfefs that he could not
feel himfelf comfortable if called upon to enter into
his Defence before Monday. He fhould be happy to
come forward to-morrow, if it were in his power,but
lie hoped the Court would feel it very natural that he
ghoul.' be prepared, when they reflefted that there
were Come letters advanced in evidence againft him
which he never heard of until this day, and that Come
proceedings bad been taken by his Profecutors, of
which he was not apprifed till he came to Portfmouth.
PALM/INT.—There are officers here who have
been called away from various Rations, where they
are engaged in the fervice of their country, therefore
every convenient expedition is defirable. Perhaps
by to morrow you may be able to prepare your De.
fcnce—in that hope we (hall adjourn the Court until
then ; if not ready, you will Rate when yon can be
I trull you will endeavour to come forward as
loon as poflible.
Sir Home Popuera.—Really, Sir, I am anxious
to come forward as (non as poflible, but from the va•
riety of new matter that has appeared,from the pub-
licity which is likely to be given to this hulloes,
through the number of Reporters now prefent,l hope
this Honourable Court will feel, that it is due to my
charaCter to leave no endeavour unremi:ted to meet
every part of the accufation. I (hall ufe my utrnotl
etertion to comply with the wither, and to abridge the
trouble and attendance of the Court; but 1 hope they
will feel the propriety of my propofition for farther
time to confider my cafe.
One of the Members of the Court, we underllood
it to he admiral Holloway, exprelled a with that the
detore should be entered upon to morrow, or at lead
the Guisfaaory realon thould be affigned for the
pro iety of farther delay.
Sir HOME POPHAM thought the new letters brought
forward this day quite a fir fficient realon for the delay
he required. Betides, there were tome letters for
which he had applied to the Admiralty, and which
he had not yer received.
Mr. Jtevis was lorry that the Ilon. Captain fhonld
feel any realon to complain upon this occafion. Any
letters he had it in his power to furnifh rhombi be at
the Service of the Hon. Captain. He held in his
hand copies of all the documents referred to in the
charge, and would immediately prefent them to the
Hon. Captain or his agent.
Thefe letters were accordingly received by Mr.
Lavie.

After fome converfatinn, the Court ad-
journed till eleven o'clock to-morrow—the Pref.'-
dent expretling a hope that the defence would be then
ready ; and the Hon. Captain Rating his fears that
it could ma, although he would wilingly stay up all
night for the purple, if that would enable him to
comply with the Wililts of thc Court,