Star.
London, England, 1807-03-12 00:00:00

information Which he may receive, never to ufe his
own difcretion, or to undertake an expedition again ft
an enemy's poffellions without precife and immediate
order from home, which cannot arrive until the mo-
ment for action fhall have elapfed—lf he is to be fo
fir idly and permanently bound by the letter of his in-
udions under which he failed from England, that
even after the full and happy accomplifhment of the
objet to which thefe inflruetions were . rreded, he
thall not be at liberty to undertake and accompiith
aoy other, however within his reach, however impor-
tant in itfelf, or in its confequences, however pointed
out to then by new information and by increafed fa-
cilities, and however nearly connected in many im-
portant points of view, with that which he was oti-
kinally Cent to accomplifh ; if this is to be the rule and
limit of an Officer, exertions in a fituation of fuch
mitt and confidence, the refult will, I confidently
foretell, be ruin to the Britith Navy. It will lead to
the intire cefration of all ads of enterprize, and to
t.,, total extindion of that daring fpirit which has fo
,ng hid defiance to all optoofition, becaufe an Officer
be deterred by the reflection, that for venturing
to attack or annoy the enemies of his country, with-
but pofitive 'nitrations, his conduct may be pre-
judged by a fuperior authority at home, and (as in
the order for holding the prefent Trial) it may be
ftigmatized as a flagrant breach of public duty, thatjhould
not pals unpunilhed.
" I mutt now, Sir, before I end my defence, and
put myfelf upon the judgment of the Court, draw
your attention, in a few words, to what I humbly
conceive are 'he prints for your confideration.
‘4 On your decifion now depends the future con-
duet and enterprize of the Navy of Great Britain,
always bearing in mind, that I Rand before you not
for having failed in the fulfilment of orders, but for
having done more than my ftriet duty againit the
common enemy. The intereft I have in the refult,
deep as it is, is trifling. compared with that which
mutt be felt by every Officer in the Navy: I may fay
by the nation at large.
"As on the one hand, y•-vu are called upon to
confider, and decide upon my cafe, In as not to fanc-
lion, or authorize by your ju:orent, a lax interpre-
tation, or carclefs execution, or negled of orders ;
fo on the other hand, yoo a. e called upon by a due
regard t- the interells of the Navy 4.f C eat Britain,
and as involved in the'- interetrc, the fatety and inde-
pendence of a nation, wl ich rooks up to tnat navy
for priaeetion, not to check that energy and fpirit of
enterprize, which if checked by an unlavv..:able
fcn-
tence on me, and paired by fuch a Court, and fo
compofed, may not eafily be revived. I confider
myftlf as an humble individual, (landing bd. 4e you
on a charge deeply affeding my charader, but more
deeply affeiging the future interelts of the navy.
44 My cafe mull be decided on general principles,
totally unc nneeted with any feelings which relate to
me perfonally, and it is for you, Sir, and the Ho-
nourable Members of this Court to determine—whe-
ther an officer, circumflanced as I was, employed as
I have been on previous occafions, led on by a fin-
gular and conneded chain of circumitances, to con-
fider this enterprize as a favourite object, not of my
own ambition, but of the %vacs of a great and dif-
tinguifhed Minifier, on whole approbation would
have followed not merely protedion, but probably
commendation, money, and rewards ; having been
originally and fo lately appointed to carry into execu-
tion, diverted from it only by my own fuggeflion of
an intermediate expedition, having a full and confi•
dential knowledge of all the cir cumflances which for a
time delayed the execution, and heating in a diltant
part of the world, without means of immediate
communication, that all there °blinks had been
done away; having aim() means at my difpofal, ade-
quate, as I thought, to the end, and believing in the
then (tare of Europe, and particularly of my country,
the immediate execution of this plan was molt im-
portant—it is for you, Gentlemen, to fay, under all
thee circurnflances, whether I was jutlified according
to my orders, or whether I am not to hand exculed
for havi,4, hazarded this exercife of difcretion.
44 In ynui ha..ds I put with confidence try cafe,

fatisfi.fii that tl.e importance of it, and the attention I
have rcee'vecl, will eniure to me the benefit of all the
circumtlances I have Rated, and of the arguments I

have urged. On t!tefe grounds I humbly hope and
trull that I (hall receive from the juttice of the Court
an honourable acqvirtal."
Sir Hugs Porn M having clhced his obfervations,
the names of the le-, ral witneffes were called over
by the Deputy JodLe Advocate. And having an-
fwered to their names, they were ordered to retire,
until they fhoul ht vet ill) called upon by the
Court.

EXAMINATION OF WITNESSES.
Lord Vifcuunt MELVILLE fworn and examined.
By Si: DOME I),.PH A 51.

your L .rdfhip have the goodnefs to relate
to the Court all the communications I had with Mr.
Pitt and your Lo;dfliii,, .olledively or individually,
on the fuhjea of an expedition to South America, as
far as your rtcolleftion may ferve yuu Soon af-
ter I came to the Head of the Boat d of Admiralty,
I had ocean ,n to learn, that the Adminithation pre-
ceding that of which I had the honour to form a part
had Rime converfation with General Miranda, rela-
tive to tome proje:ls he entertained with refped to
South Amctica. 1 did nut immediately give much
attention to it, becanfe, not being then at war with
Spain, I did not think how, conlittently, the Govern-
ment of this country could take any atttive part. In
the dimmer of 1804, I had little doubt, frnin the offi-
cial lituati;m I held at the Bard of Admiralty, and
from communicaiioni I had eccafion to hold with
the Heads of other public departments, that inch a
war would loon take place ; I therefore thought it my
duty, through St: E. Nepean, Sir H. Popham, and
others, whom I had reafon to tklieve were acquain-
ted with the particulars upon this fubjea under the
former Administration, to infoim rayfelf more mi-
nutely relative to the views and proje:As of General
Miranda. I likewife had more than one confidential
communication with him, and the refult of my npi.
mon was, that although it might not be wife ur ex-
pedient, or, perhaps, within the means of this coon-
try, at that time, to commit themfelves to the full
extent of his prcjetis, it was of the utmost impor-
tance to this cutitary, fo far to watch the progrefs of
his operations, as to make tile of them, if they could
be mad.: fubffrvient to the purpofes of opening the
pu s of South America, to the trade and manufac-
tmcs of this country ; I had almoft daily communi-
Cattullas both in town and at Wimbledon, with Mr.]