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

SECOND DAY.

Sir Horn rOPHATit, upon his appearance in Court,
was anted by the Prefident whether he was ready
to enter upon his defence ?
The Hon. Captain replied, that however anxious
he mug be to gratify the with of the Court, and to
bring this bufinefs to a conclufion, he was moll
fincerely unwilling to occafion the Court any delay
that could continently be avoided. But from the
alteration which appeared between the charge origi-
nally ftrved upon him in London, and that which he
had received from the Judge Advocate fence his ar-
rival at Portfmouth ; the former referring to but
three letters, the latter to no lefs than eighteen, Come
of which he had heard for the &II time yefterday,
haßily read in Court ; from the very fevere animad-
verfions upon his conduit, which had been made in
the Senate ; and the party animadverfions Rill more
fevere which had appeared in Come of the periodical
publications ; he felt it effentially neceffary to his
charater to enter at large into all the faits which he
had it in his power to adduce in his defence. He
therefore found it impoffible to come prepared at
that moment, the more efpecially as it was among
other cireumitances, his misfortune recently to meet
with a very feri ,us &picnic affliEtion, ariting out of
the animadverfions he had already alluded to. For
thefe realans, which he hoped the Court would feel
fvfficient to enervate and difarrange any man's mind,
he regretted to fay, that he was quite unable to com-
ply with the wifhes of the Court, by entering into his
defence at prefent. But there were Come letters,
which in order to fave time, he wifhed now to have
read. Thefe letters were, that which was addreffed
to him by the Judge Advocate, dated the 4th MR.
and alfo his own letter to Mr. Secretary Marfden,
requiring a copy of the trial Of Captain Thompfon,
with whom be (Sir Home) had failed as a Midthip-
man for three years ; alfo his letter of the 3oth of
April from St. Helena, the mere addenda to which
were read by the profecutor ; alfo the Gazette of the
27th of July !aft, in order to compare it with his let-
ter of the fame date ; alf) the inclofures in his letter
to the Admiralty of the 9th of ClEtober, iBos.
The Parstotwr diced Sir Home, whether the let-
ters he required to have read were neceffary to his
defence ?

Sir Hosts replied, that in his defence he meant to
refer to them.

Mr. Jsavis obferved, that the charge before the
Court was word for word the fame with that which
he had teen before the Hon. Captain came to England,
and which was prefented to him, he underßood, im-
mediately upon his arrival. The learned Gentleman
then entered into tome legal objeaions to the right of
the Hon. Captain to demand papers or evidence from
his profecutors. He did not with to prefs this objec-
tion, but yet he withed it to be under-Rood, that he
felt it to be perfealy tenable. The learned Gentleman
was proceeding, when he was interrupted by the
Court, who told him that he could not be allowed to
go into any obfervations of that nature.
The JUDGE ADVOCATE nhferved, that the letter
from him to the Honourable Captain, was only meant
to apprife the Honourable Captain of the intended
trial, in order that he might be fully prepared.
Sir HOME POPHAM. " lut 1 only received that
note of preparation on Thurfday lan. I approach
this Honourable Court with great deference, and I
offer my fentiments with extreme diffidence; but I
mutt deprecate the learned Gentleman's perfeverance
in his legal difcuffirms. I am furl); idled that the learned
profecutor lbould take advantage of the abfence of
my legal ftiend and advifer (we rinderßood the Ho-
nourable Captain to mean Mr. Harrifon, who was
abfent) to engage in difcutlions of this nature. Al-
though I am aware, that I am under the proteelion
of a more paramount Counfel, the Prefident of this
Honourable Coma, I cannot help remarking, that it
would have been more liberal in the profecutor to
have fufpended, under the circumtlances I have
mentioned, his animadverfions upon the law of evi-
dence. 1 am upon good authority jutlified in be-
lieving that intlances have occurred, in which fuch
requelts as I have made for papers, and as the learned
Gentleman deprecates, have been immediately com-
plied with. But even fuppoling no precedent had
exifted, would it be derogatory to the dignity of the
Admiralty, to introduce a liberal precedent in my
favour ; as it has thought proper to ellablith a pre-
cedent fo new as that of fending down the learned
Gentleman as the profecutor againft me; as it has
thought proper to appoint one, who independently
of tke advantage derived from his confultations with
that Honourable Board in London, is alto enabled
to avail himfelf of the information he had the oppor-
tunity of obtaining from the ingenuity and profound
knowledge of the Counfel to the Admiralty, with
whom no one is more intimate than the learned pro-
fecutor ? But my incapacity to contend with the
learned Gentleman, particularly upon queltions of
legal difficulty, will be hill more evident to this
Honourable Court, when I nate, that even here he
has it-in his power occafionally ::o retort to the advice
of the Counfel for the Admiralty ; to the advice of
one who has never before been heard of in a Court
Martial, although on this occafion his profound
judgment and elevated talents can be referred to by
the profecutor, while this learned Counfel is by the
ufe of a Int of invifible ring, concealeJ from the
light and from the avowed knowledge of this Court."
The PRESIDENT defired the Honourable Officer
would read the lilt of papers he deemed it expedient
to have read to the Court.
Sir HOl4 s gave in the lift required, and after the
Court had confulted for a few moments with Mr.
Jervis, all (hangers were ordered to be excluded.—
The Court was clofed for about an hour, and upon
our re.almiffion,the Judge Advocate read the follaw-
lowing decifion, addreffing himfelf to Sir H. Popham:
" The Court having taken into confideration your
application, to be allowed until nine o'clock on Mon
day morning to prepare your defence, have content-
ed to your requeß ; but as the principal reafon you
have given for Acing for more time, is the introduc-
tion of a great variety of new matter into the charge,
the Court think it neceffary to obferve, that between
the copies of the intended charge as fent by the Se-
cretary of the Admiralty, and that delivered to you
by the Judge Advocate, there is no material differ-
ence; that no new matter has been introduced, the
only differ -e.e.e_e between them confifting in the infer-
tion t f a lilt of papers intended for the fupport of
the charge, and the Court confider it to be more
regular to hear your defence before any other docu-
ments thall be produced."— Adjourned till Monday.

THIRD DAY.
The Court met about nine o'clock, And Sir HOME
Pntmem was immediately called upon for hi► defence.
The Hon. Captain proceeded in Cul:glance nearly as
follows :

Mr. PRESIDENT—" After havingderoted thegreater
part of my life to the fervice of my King and Coun-
try, I am brought before you and the other Members
this Honourable Court, to vindicate my condua
from a charge, of a nature as extraordinary, and as
unprecedented, perhaps, as ever was fubmitted to the
inveitigation of a Court Martial. In applying the
epithets of extraordinary and unprecedexted to the
accufation exhibited againfi me, I (peak r,f it general-
ly, and not with a particular reference to the irregu-
lar, and I believe I may venture to add, the illegal
manner in which it is worded. On this point I (hall
animadvert hereafter. But I cannot, Sir, enter into
the fubftance of my defence, without ohlerving to you
how extraordinary it is that I lhould be brought to
trial by that fuperior anthority, to which every officer
in his Majefly's naval fervice looks up for reward and
protection, for having employed the means placed at
my difpnfal in making a fuccefsfill attack on a poi
feffion belonging to the enemy, inllead of fuffering
them to remain inaelive and dormant. Nor do I

......
conceive that it is lefs unprecedented to criminate an
offi:er, entrulled with a command of come impnr•
tance, for having exercifed that difcretionary power,
without which no fervice can be carried on with ever•

gy or effect, when the refult of fuck an 2a, fo far from
having been attended with any ill confequence, has,
on the contrary, been glorious to his Majelly's arms,
and honourable to the country. Yes, sir, the fuccefs
which crowned the united exertions of General Be-

resford and myfelf, fecorried by the bravery and per.
feverance of the land and tea forces under our orders,
was proclaimed by his Majefty's Miniders to the in-
habitants of the 1:1-itifh Metropolis, by the dual fig
nals of triumph ; and the news of the conquett of
Buenos Ayres was re-echoed, with exultation and
gratitude, throughout every quarter of the United
Kingdom.
" This being premifed, will it not, Sir, ftrike every
unprejudiced Englifliman who Diall idled on the
prefent trial, that it mull have arifen from Come other
caufe than that ollenfibly let forth in the accufation ?
I am of that opinion. Nor have I the fmallett hell-
cation to affert, that if the Adminittration by which I
was feleded for the command which I lately had the
honour to hold, had Rill remained in power, I timid
have received thanks and approbation for my con.
dud, inftead of having been fuperceded, recalled, and
then very unexpetedly pot tinder urea and brought
to trial. I am unwilling to occupy the time of the
Court more than is abfnlutely neceffary for my own
jollification, nr it would nut have been difficult for
me to have eftablithed there Gets in the molt potitive
manner. Bur, under all the circumftances of the
cafe, it is perhaps, rather fortunate for me that, after
the prejudices which, in almoll every diredion, have •
been fo indufiri.arfly propagated againft me, that I
am afforded the opportunity by a public trial, of
proving, as I truft I (hall molt fatisfaCtordy, that
there prejudices arc completely unfounded. However
although I am confuted in ionic meafure by this re
fleCtion, I cannot help complaining, that the line of
proceeding pnrfued by my profecutors had not been
rather of a different character. I am not willing to
afcribe to men in power a alifpofition to profecute any
man—to deprive any one whom they may feel it their
duly to acetate of the means of obtaining every def-
cription of evidence, that he may feel necefrary to
his jultification. But I mutt obferve, that it kerns
rather fingular, no notice whatever of an intention
to bring me to trial was intimated to me when fird
ordered home from the Rio de la Plata. Had the
defign of my profecutors been then known to me, I
might have procured a variety of evidence highly
important to my cafe, particularly with regard to
my conduit in South America. But in confequence
of that omillion on the part of the Board of Admi-
ralty, I am left to depend on fuch evidence only as
accident furnifhes me on that part of my cafe, which
is fo nearly conneded with my honour, I mean my
proceedings at Buenos Ayres, which have been
fn grofbly mifreprefented. Really, the circumftance
of no notice having been communicated to me at the
Rio de la Plata, of the purpore of the Admiralty to
bring me to trial, mud either lead one to think that
they had no intention of bringing me to trial at that
time, or to adopt a concltifion rather difadvantagenus
to their charader.—For they could not be quite un-
aware, that an accufation accompanied or rather
preceded by public animadvet firms. which molt fe-
rioufty impeached my motives of adian, was only to
be met with effel by the teltimony of thofe who were
the witneffes of my conduit. There witneffes the
Admiralty mull have felt chat I could not procure.
unlers apprifed; before I left the Rio de la Plata, of
their intention to profecute me. But I have raid that
they do not appear to have entertained any loch in-
tention at that time, and I cannot hut think that fume
change took place in their mind upon this puipt. For
it is fcarcely confident to furpofe that they would by
their Secretary have written to me in fuch term% as
appear in tome of the letters, to which 1 (hall refer,
after they had been informed of the capture of Bue-
nos Ayres, if they really difapproved of my conduit,
at lead if their difapprobation was fo re:loos as to
imply a refolution to arreft and bring me to trial.—
( Here the Honourable Officer read the letter from
the Admiralty in anfwer to his difpatch announcing
the capture of Buenos Ayres). In this letter it ap-
peared, that although the Admiralty thought it ne-
cefrary to mark their difapprobation of my conduit,
in having undertaken this expedition without orders,
[till they were pleafed to exprefs the higheft approba.
don of the able and judicious manner in which the
expedition was concluded, and of the gallant beha.
viour of the feamen and foldiers engaged. From the
terms of this letter I had no reafon to think that any
other punifitment was in referve than that which its
cenfure conveyed, and to that cenfure, fevere as it
was, I was willing to fubmit, until I (hould have the
opportunity of fubmitting thole reafons, which I
flattered myfelf would have ferved to fatisfy the minds
of rho& from whom the cenfure proceeded, that con-
fidering all the circumftances, it was completely un-
deferved.
,g I will not now flop to inquire into thr caufes
which poffibly may have operated to p,o 10c..: the
change I have alluded to in the dYpotition of the
Admiralty. I v. ii I nit now d..veil upon the motives,
either political or per corm!, which led to a profecuticn
not lopg ;inc.; belfge 2nctber teibaual ; however high

the gratification which the -erolt cf that ingn:ry w's
calculated to afford to mv ho),-evcr n)o-h
it may affeet my footle life. But the prejudices
which led to that iagoiry, 1 Arnold t,. hope,
were now ext:na. Unfortunately, however, appear-
ances ferve t r much to v:arrath a contrary aPPrelleu-
fion. But yet I Lel conE2ent that no description of
prejudice can operate again: me cn this occafi‘tn. at
least fu far as this Honourable Court is concerned.—.
Looking round me here at f ) many tEitingili:l::d and
honourable men, at fit m toy of the lirit ornaments
of the profeffion to which it is my psi de to belong. I
cannot Puffer myfelf to imagine f)r a moment that
prejudice, or any himi of undue infi tence, can have
weight here—can operate in the flighteit d ts,
affeß the refult of this trial.

" But now to proceed to the charge before you. I
truß I (hall be able to thew, that the difcretion 1 ex-
ereift al was not only fuck as, ur.ler the circumliancts
was fairly admiffible, but fuck as the Mit:Hers, un-
der whole orders I fa'lzd to ilie Cape i.t (ann.iii.ore,
fully warranted by their concurrent opinions, at least
by the c• ncutrent opinion of thole who were under-
flood by all to hold the leading influence in that Ad-
minitlration. I (hall, however, not only Thew that an
expedition to South Am. ica was a favourite objeCt
with Mr. Pitt, that he had it in contemplation, and
aftnally took tome Reps to carry it into execution in
the courfe of his fa, mer z that he
never halt fight of it, being only reftrained from at-
tempting the executiJn of it by political reafons,
which no longer exiled when I telt it my duty, for
the intereff of my country, to proceed from the Cape
of Good fi,spe upon this long projeCted expedition.
" In the courfe of the year 1804, a change occurred
in the Government of the country—foon after which,
I was appointed to the Antelope in the Downs, for
the purpofe of blockading the harbour of Boulogne,
in the ablepce of Admiral Louis. While 1 com-
manded that (hip, Melville, then Firtl Lord of
the Admiralty, correfponled with me on the fubjeCt
of Miranda's plan, and o-o my coming to town in tF.e
month of 04tobe.-' in that yea, (at which period the
pr'bability of a Spanifh War had increafed) his
Lorclfhip directed me to confult again with Gene:al
Miranda, and to digell my ideas on the fobjeCt of
an expedition againft the Spanifh fettlements in South
America, in the form of a mem )ir. To the bell of
my recolleetion, I delivered this document to Lord
Melville, on the 161 h of Chlober, 1804—Shortly
after, I was dirated to attend Mr. Pitt, at Wimblc-

don, in order that he mien converfe with me on the
various points comprehended in my memoir.
" In the month IDecember, 180.1., I was fent for
by his Majetly's Ministers ro Deal, and at the fame
time the Diadem, to which fhip I was appointed,
was put in commiflion for the eeprefs ourpote of my
proceeding in her on the intended expedition to Snutk
America. Various circumitances, however, or curred
t t retard the execution this projed ; but with the
exception of the !lion interval of peace, it had never
been relinquifhed, from the m intent when the idea
was firft fuggeffed. There fads, As ta.• as Lord
Melville "as concerned, his Lordlhip will .übliantiate.
Ii: July iSog, I received an acc ,unt of the weak
(late of the garrifon of the Cape of Good Hope, and
alfo learnt that a thong fquadron was expeded there
from France. Conceiving that the capture of this
fettlement, while it would materially contribute to
promote the interefts of my country, might likewife
afford facilities to the projeded conquetl of the Spa.
nigh dependencies on the Eaft coati of SJuth Ame-
rica, which was a main objed in the mind of Mr.
Pitt, I immediately propofed to him that the arma-
ment fhouli fail without delay for the attack of the
Cape. This propofal was acceded to, and, in the
courfe of a few days, I received my inflrudions to
proceed in the Diadem, as Commanding Officer of
all his Majetly's fhips and velfels dellined for that
fervice. Mr. Sturges Bounce, then one of the Secre-
taries of the Treafury, was prefent at the converfation
to which I here allude, and will corroborate my ac-
count of what palled on the occafion.
" On the 29th of Juiy, 1805, I took final leave of
Mr. Pitt, with whom I had a long converfation nn
the original projed of an expedition to South America
—Mr. Pitt intromed me that, from the negociation
then pending with Ruilia, it appeared that the Em-
peror Alexander was extremely anxious to attach
Spain to the coalition, and that until that matter
fhould be determined he (Mr. Pitt) felt a delicacy in
regard to the commencement of licttile operations in
Soo.h A;nerica ; but, that as foon as poffible after
roch an overture fhould have been rejected, by the
Spanifh Court, it was.liis fixed intention to enter on
the original project, and attack Spain in that di(lant
but moll vulnerable quarter. I lament extremely
that any proceeding fhould have made it necelfa. y for
me to state thefe particulars relative to the calcula-
tions upon a Spanilli alliance, but the fault is not
mine. Any thing that ferves to fliew the value at.
tached by thole from whom I derived my appoint-
ment to that objed, tor the execution of which I am
now brought before you as a delinquent, is manifettly
proper and requifite for my jollification. From what
I have (fated, it will, I am confident, appear evident
to every Member of this Honourable Court,that if the
attack on the Cape of Good Hope precedod that nn the
Spanilli fettlements, the priority was the refult of my
own immediate fuggellion to the late Prime Minifler.,
It will likewife, I am pet-folded, appear not lefs
obvious to every unprejudiced mind, that on my in-
terview with that iltultrious Statefman, he fully and
unequivocally firengtheried the convidion which i
entertained of his intention to follow up the capture
of the Cape, by an attack on the Sp3nifh fettlements ;
for at this final interview, Mr. Pitt defined me to
furnifh Mr. liuficiffort with a memorandum of the
names of the Gentlemen from whom he was likely to
obtain any further information he might want on the
fubje&. Mr. Pitt was then leaving the Secretary's
room at the Treafury, to go into the Board Room ;
and Mr. Hufkiffon coming in at the other door jutt
at the moment, I inlfantly communicated to him the
radiance of what had pafild. The veracity of this
allegation will be confirmed to this HonourableCourt
by the teflintonf of Mr. Hufkiffon.
o When this chain of fads (hall have been com-
pletely eitablifhed by the concurrent depofitions of
Li- id Melville, Mr. Sturges Bourne, and Mr. He-
kifion, it will not be necelfary for me again to urge to
this Honourable Court, that on my leaving Englund,
I failed under the arongell convidione th.o, alter
hiving fucceeded in taking tue Cape, nothing wnnld
contribute fu efredually to at:cornplifh the view s of
thole Miniders by whom I 124c1 been entnified with

the command, as to (hike a blow in South America.
tefore the Spaniards fisould be prepared again( it
In faa, as there was a neceffity foe the fquadrun un-
t.;er my command to touch at St. Salvadore for water,
tn its paffage from Engbind to the Cape, it was na-
turally to be apprehended, from the cordlant commu.
rication between Sr. Salvadore and the Rio de la
Plata, that every ir fortrati. refpelling the naval and
military force of the armament would he tranfmittad
to the Governors of !quo' e Video and Buenos Ayres.
Therefore, under every view of the fubjea, it war.
nroll advifable not to defer the attack on the Spanifb
ifiuns. Urgent, however; as thefe confiderations
may appear, they were not fufficiently powerful to
fir my attention altogether on the immediate execu
lion of the projea referred to. Various citcumfiances
remained to be weighed and examined, but nor :more
p.. 1 tiJularly than the original caufe of delay limed
by Z.ir Pitt, namely. the anxiety of the Emperor of
Ilinfia to attach Spain to the coalition forming on the
Cuutinent of Europe, at the time I failed from En-
gland.
" Early in February, 18c.6, I received accounts of
the terrr.:natien of the war is India.
in the courfe cf the fame month T airo received
r!, news of Lord Nellon% glorious vific.ry off Tra-
Edgar, and the account of a general coalitiou againll
France, from an alliance with which power it was
evident tile Emperor Alexander had not been able
to detach Spain.
"Towards the end of February, a Danifh veffel,
which arrived at the Cape, brought Engin news-
ipers, givitig an account of the fare of the Auitrian
as my. _ .

"By the capture of the Volomaire French frigate,
on the 4th of March, I learnt the defeat of the Ruf-
fian army at Antlerliiz ; 'that Blnaparte was in
pt,fietra-,n cf Vicinut ; and that when WiilaumeL
tailed from Brett, he Llt in that port no mo:e than
fix (hips of war, of which three only were fit for
• lereice. nns a German Officer, who was taken
priconer io the Volontaire, I alto colleCied filch pie-
tumptive tv.dence reipeclirg the ulterior dellinatiou
of Willimmez'a feinadi on, as induced me to adopt
the idea that, after cruizing a ce:tain time on the
Bank of Laguill•zs, Le wrmld put into the Brazils for
water and tetrethri!ents, and thence proceed to the
Weft Indies, e efpecially after he theold have been
i"tormed that th:e Cape was aFtually taken by the
Britith totces. Indeed, In Rrongly did this prefurrip•-
tion operate on my mind, th it I difpatehed a
copper-bottomed trndporiebrig to Admiral Cochrane,
at Barbadoes, to apprize him of what I concei ed was
the rooft likely coorfe to be purfned by Willaurotz, as
will appeal by my letter to Mr Madden, dated—
" I ail:, dilpatched the PrcteCtor gun brig to Sir
Edward rnew- in Irdia, and the Rolla brig, to en-
deavr-ur to fall in with whatever &kiln fquadron
night he employed in the blockade of the Mauritius.
tt Thrfe meafures of etecautit,n evince to this Ho-
'lmitable Court my extreme anxiety to communicate
to the Commander in Chief of his Majelly's Naval
Forces in every quarter of the globe, and on every
Ration liable to attack from the enemy's flying fqua
drons, fuch intelligence as might enable them to in-
tereepc th .fe fqoadrons, or to aO on the defenfive,
and to ;,ff,,rd every prole Lion in their power to the
commerce a his Maje fly'. fabjeas.
" Wilk I was empl •yed in tranfmitting this de-
firable ii:ft,rination to the. Eaft and Wet Inkiies, and
other ;..:T tE, li!,le I inaastine that I flu:10d have
been accufe.d of not affording proteCtion to the trade
of his hlajetty', nicely bee:lute I did not
with my flua.!ron become flationaty at the Cape,
where I wzs erj-ined by my inflruCtions,or called
upon by any a; ;areal neccility, t , remain.
" During the Late ar, our eruizers were conflreitly
either off -he mouth of the River, or abfolutely
cruizing off M.,nte Video ; one of the (hit's, indeed,
which had cruized o:et e was under my ct,ninnand ;
ai,d ind-i-ictidently of every other confide; ation, I not
only :tad due opinien cf that refi:eet tbie officer, Capt.
who was on the Cape Itati:m lall war, that
Rin de Ls nit:: was c'nceived as a part of that
ltat-i-ti, hut the unanimous of irir.n of every Officer
under my command, fame of whnrn will, I have no
doubt, give their teitimany to thi.: effeCt. I beg it,
Low,. ver, to be um!erffood, that thefe opinions were
exptefffd I.,ng before our arrival at the Cane.
,t Does n -t this prove that the Admiralty confi•
slated the Rin de la Plata as an enemy's port, which
ou!-tht to be conflantly watched by f'me of the
cruizers under the orders of o.e Senior Naval Officer

at the Cape, and confegnently within the limits of
his ccmmand ?—Bat, notwithtlanding the opinion
thus poirefr-.d and enforced by a former Adariraliy
Boat-I, lam brought to trial by the prelim Board
for leading my fquadron to attack the Spani:h poffef-
fions on ttt Rio de la Plata, when I had every tea-
fon to believe that no French fhips of v.ar were in
the vicinity ~1 the Cape, or likely to ariiv, thither
from Envlse.

"I am charged too, with having left the Cape
cip•mfell to attack Ind inful: On the contrary, I
stia;mmtain, that through the well istriwn zeal, abilimy
• itt‘.l,3m.:nt of Lientelmant General Sir David
Baird the Caae fmfGoo..l H'pe was placed in a (late
of the m •il retie& feemmrity. military difpottions
of 'hat Officer were l judicious and
fitil.ul, as to itmlu.im'e time firma confidence in a fitc-
cefsful tefdlt, even under the fuppofition that an
att;:t-npt !':nuid be made to wreil this conquell from
the forces, whilil his political arrangements
ee. t: 4 moti general fatisfattiun to the inhabitants
• vet y ,Jefem ;pilot). TL garrifon bad been ltrength•
en..: by a levy af native militia, and its means of
def.-:nce %tete deemed fn ample and adequate by Sir
David 3ait d, wh I,'e opinion in fuel' a cafe I confidered
suvt.:it jurCied in ad,.pting,, as he was the moil
comyete.mt judge in rr.ilitary affairs, that this intelmi-
.-tlictir did uct hefitate to furnifh a cictachrocl
of his f!atlant tcoars, in confecinence of my fubmit-
tirmy to him ail the informatin I had received, re-
f-re:l,g the c:c`...er.celefs State of Monte Video and
lan:r.rs -Ayres, and n.y urgent reptefertation to him
• w thse gi -at advantages which our Country was likely
virticultirly at fa critical a period, fu.rn
f i li a v.::.abic acquilition as the conqueti of one or
th. !ices. Cezt:..in I am that it is not
rm:s.cffary for me to imprefs on this honourable Court,
Gat tirc ;vete; ence telt I,v the Dutch Coloniils and
• .1;.e: to the. mild and folleting proteftion of the
Giverninent, would dilpofe them to bliye
;el m:.,_ii moll cordial 'eriflance repellinp; a French
rte. if it were potlihie to exneCt fuch a force, as in
event of its fucccedinz in the attack, the Colony,

would have bentre•fobjeCt to the opprefEve exaClim%
and tyranny of the French Government.
" But if any additional proof were wanting of tire
perfect (late of fectoity in which Lieutenant Ge-
, mzral Sir David Baird conlidered the Cape, after
he had turnilhed me with a detachment of hra gar•
riton for the-expedition to Rio de la Plata, it is to
be found in the circumaance of his having reinforced
General Beresford by a fecond detachment of his
troops. This furely furnilhes incontrovertible evi-
dence that Sir David Baird confidered the Cape in
nn danger from the weaknefs of his garrifon, or
means of defence ; and (hall I be condemned for
availing myfelf of that aid which his fuperior judg-
ment felt could be afforded with paled &fay ?

" 1 am alto charged with having left the Cape
without the means of taking poffellion of auy (hips
of the enemy which might have put into any of its
hays or hat boors, or any of the ports adjacent.
Now, Sir, 1 fubmit to the confiderairon .f this Ho
nourable Court, ‘'..liether, after the retreat of Willa°.
?bees fe,iiadron from arhat may be called the Indian
Seas, the redu&ion of the French naval force by
Lord Nelfon's glorious via:iry off Trafalgar, and
the brilliant !heed's of ancther gallant Admiral, who
rendered that vitc.tory more complete, by the
ea:inure of every fhip that had efcaped from the
farmer feene of astion, there was the lealt probability
of the arrival of any French (hips of war at the
Cape, or any of the bays or harbours in its vicinity?
In fait, with the exception of one Engle frigate, men•
tianed in a letter to the Admiralty, by Captain Styles
of the Adamant, no French (hip whatever attempt-
ed to enter Falfe Lay, or any other bay or harbours
near the Cape.
" The Cannoniere affords a folitary inftance of an
enemy's fr:ip attempting to filcher herfelf, or to re-
connoitrf ia thc,fc pairs ; Rot) her arrival was a mere
fortuito is event, of which it wot,',l not have been in
my power to take avanlage, even had I remained in
Simon's Bay, with all the fquadron ; for the natural
probability is, that a, loon as (he lhould difcover from
her mall head our !hips lying there, (he would im-
mediately make a precipitate retreat into the offing,
without my being able to prevent her &ape.
• " B. fades, at the time when I left the Cape, the
wittier feafon was about to commence, during which
no flips can lie in Table Bay with fafety. Commn.
dote Johntione jnlily ()bier lied, when he was lent into
thole leas on a Secret Expedition, in 1781, it was
Beamed uriadvilable by hitnielf and General Meadows
to attack the Cape in that lealon. No attack; indeed,
on this fettlement was to be apprehended from an
enerny'sforee during the period in which I am charged
with leaving the Cape expofed to attack at d infult.
" Independently of there circumQances I would
alk, how often has the Cape been- without a tingle
fhip of war to XIII in its defence during the time it
was in poffeflion of the Britith forces in the late war,
and the Wig of the naval Commanding Officer on the
(Winn left flying on board of a fmall veffel, Icarcely
capable of making any refillance ? Imteed, in the
immediate expe6tation of the arrival at the Cape of
fome men of war from England, I left an order, dated
the 13th r f April, 18c6, addrelfed ro any Naval
Officer who might arrive there, and be junior to
myfelf, by which order he or they were at peifeet
liberty either to remain at the Cape, or to follow me
to the Rio de la Plata, as Mould appear moll for the
benefit his Majelly's let vice, ,41;cr a confulration
with Sir .1)46d Baird on the fithjeci. Ili am alked
why I was to anxious to leave the Cape in fuel)
apparent hafle, as not to wait for the arrival of the
men of war from England ? my anfwer is limply this;
I was fearful that the delay in my departure from the
Cape, added ta the probable length of the paffage
from that promontory to tire eat: c•-iall of South Ame-
rica, might defeat ;he objet of the expedition, by re-
tarding toy arrival in the Rio de la Plata, until that
feafon, which, from the information I was pOircired
of relpeaing the L:,vigation of this river, might ren-
der it impetlible to fail up high enough to attack
either of the fettlements of Mollie Video or Bueacs
Ayres.
" Another point to which I am dcfiroas to call
the attention of this Hi -notable Court is this, that
from the manner in which the Secretary of the Ad
miralty replies to my let or of the 9th of April,
wherein I apprized that Board of my intended de-
parture for the Rio de la Plata, tor the purpofe of
attacking the Spatith pr.ffeffions, I had a just right
to fur; ft that tic Admiralty Board did not dilap-
.prove r my having failed with the ftpladran on that I
fervice; for certainly it is rational to infer, that fume
exprelli of tl.eir difpleafure would have been in-I
titled in Mr. Marlden's letter, acknowledging the
receipt of raine of the date before mentioned. Am i
I not, act efore, jullifi:d, Sir, in couttruing the lilence
obfc:v::1 on this head, as at le,tlt a tacit acknow.
ledgment on the part of that B:atrd which has now
htnaght me to trial for having undertaken the cape-
dition agairili Buenos Ayres without order, that it
did rot then excite their dilfatislaaion ?

" But in truth the importance which the Admiralty
no.c prufefs to attach to the Cape, feems extremely
fingul tr when contralted with Ole opinion, which,
from Mr. Marfden's letter to me of March 111,
acknowledging the receipt of my account of its cap-
tu:e, they appe'ared to entertain of it ; in.lec4, the
tame, the cold terms of that letter, would naturally
induce an idea, either that the Admiralty thought the
Cape of little value in or that it was of no con•
ferptence comparatively with the ultimate nbjed of
the expedition. Really tflimating the Cape as it de-
ferve, it would have been reafonable to infer from
the letter, that the Admiralty were aware of, and
highly p:ized that ultimate ()Ned; but it is difficult
to account for their c :ndud.—When the acquifition
was made, not one folitary expi of thanks was
pronotinced upon thole to whom it was owing, and
yet I am to be condemned for having expofed that
acquilition even to imaginary hazard. The impor,
lance of the capture was railed over in filence when'
I might have been gratified ; but it is loudly enhanced
when the object is to deprefs me. Whence thin
dif-
ferencc, I leave it to your refledion, Gentlemen ; I
leave it to the refledi3n of my country.
" My letter of the 9th of April was received by
the Admiralty Board in June tali, and it was not
till the end of Augull that Admiral Stirling failed to
fuperfede me, with an order of recta. If my con-
duel in having engaged in this enrerprize had been
really difapproved by his blajett 's Minifler,., why,
on their per uhal of my difi.atches, tt as not the Admi-
ralty Board direded to lend out a fait failing vette'
to ligt.ify to me their dilappro'uation of my couduci

in having failed to attack the enemy without fpec ifi -
orders to that effeit, by which means alfo, the vifion
ary expofure of the Cape would have been of near
three months lefs duration ? No reafon whatever can
be affigned for their having kept me fo long in fuch
a Rate of anxious flit-pence, except, indeed, the un-
. certainty the Britifh Cabinet teems to have been in
at the time refpeaing the conduit to be purl led in
the event of my enterprize being crowned with fuc-
cefs, on account of the negociation then pending at
Paris.—ln truth, Sir, it is manifen, from every view
of the conduit of the Admiralty Board, that at that
time, they had no intention whatever to arraign me
for this furcefsful exercife of the difcretionary power
with which I maintain every Commanding Officer,
on a dillant Ration is veiled, and which he has a right
to exert for the good of his country. The fupercef
Ilion I conceive was meant as the evreme meafure of
punifhment.
" Indeed, Sir, were not our Naval and Military
Commanders empl,,ved in foreign fervice. in diilant
qua, ters, allowed a latitude for the exercife of their
idifcretion, what ill confegnences would often arile
to his Majefty's fervice ? To the Members comp-
fing this Honourable Court, the majority of whom
have already filled, and all of whom are likely to fill,
high commands on diflant Rations. it is fcarcely ne-
ceffary to point out the combination and the variety
of unexpected circumflances which may occur, and
imperioufly diaate the necedity of advantage being
taken of the moment in promptly ailing againft an
enemy, which circumflances may be loch, that delay
might lead only to difcomfiture or difgrace ; and that
no time could be fpared for confulting the fuperior
authorities at home, or waiting for their orders.
" Had filch extreme caution, fuch rigid regula-
tions as feem to prompt the prefent accufation, been
hitherto enforced, that daring fpirit of enterprize,
that prompt and decifive energy of aaion, which have
railed the Britifh name and charaiter to fo proud and
enviable a fummit of diftinaion, would not only have
been checked, but in a great meaftire annihilated ;
and the annals of our hiftory would not have been
ditlinguifhed by fo many gallant achievements, which,
though undertaken without orders, have, in general,
been emiaently conducive to the intereft and glory of
the country.
" Numerous precedents exit which fully illuftrate
the truth of this pofition, fome of which may pro-
bably occur to the recolleition of the Members of the
Court. Amongl others which prelim themfelves to
my memory at this moment, I (hall beg leave to men-
tion the coupdemain which put the Britifh Crown in
pollitlion of Gibraltar. Sir George Rooke had no
orders for undertaking that hold enterprize, nor was
he arraigned by his fuperiors at home, for having
exercifed his difcretion on that occafion—on the con-
trary, his Majetly did every honour to his enterpri-
zing mind.
" In the American War, in 17—, Sir Peter Parker,
I believe, and General Dalling, the then Naval and
Military Commanders at Jamaica, concerted an ex
pedition againft the Spann Settlement of Omoah'
which was to a certain degree fuccefsfail. Nu blame,
I underhand, was attached to either of thole Officers
for having direited this attack without orders.
" At the beginning of the late war, in 5793, Lord
Hood entered Toulon, and afterwards attacked Cot-
lied, without orders, and I believe againft the opinion
nf the General who would not co-operate with him.
1
't that Admiral was not brought before a Court-
Martial for having fo ailed ; or was it ever known
that his conduit was cenfured.

" In 1795, Lord St. Vincent (then Sir John Jer.
is ) fent the heroic Lord Nelfon to attack Teneriffe,
in confequence of information which he received,
that two Ihips had loaded their treafure there. Every
petrol) :s acquainted with the iffue of that expedition,
which lot to the country fa many brave men, in
which if it were nor, notsr ithlianding the difailmus
tefult of this intended coup de main, which was molt
inconteflibly undertaken without orders from any fu-
perior authority, it is certain that no park inquiry
was ever intlituted again!! Lord Sr. Vincent, although,
if an opinion were to be formed from the event only,
without confidering the motives of the enter prize,there
would perhaps appear fufficient ground on which an
accufation might have been expeded and fupported
againa that Commander. Bur let the Court particu-
larly look a: the letter reccn ly pirlflifhed from that
ilioitrious Officer, Lord Nelfon, to Sir Simon 1 ay-
ler, of Jamaica, relative to his clifcretion in going
from the Medit-rranean to the \Velt Indies.

" There preeeslent, Sir, will clearly prove the ex•
Melee and toleration of that difcretionar y power on
which I have aCted. But I have yet to cite a cafe,
a cafe Hill more in point, fince the officer whom I
am going to merrrion, commanded on the very Ration
which I am accufed of having left unproteaed, and
who aaually prepared to embark the troops on board
his fquadron, with which he was ready to fail from the
Cape to the Rio de la Plata, in or der to attack thofe
identical fettlements, which were the objeas of my
enterpr ize. The late Sir Hugh Chriftian had carried
his intention fo far as I have flared, when an account
reached him from India, ltating the urgent neceffity of
fending the military reinforcements to our army in the
Cam:erre. That intelligence compelled him to difpalch
the troops to 11:dr.t, and thus was the expedition to the
EAR coati of South America at that time prevented.
as This lalt cal!, which I thrill endeavour to prove
by the teilimony of Mr. M'Lean, then Admiral Chrif-
tian's Secretary, thews that that Officer confidered
himfelf justified in ufing this difcretion in the manner
I have defcribed ; and although the expedition did
not take place, it was not hecaufe that Admiral had
received no orders fur undertaking it. The real caufe
of its having been relinquilhed was that which I have
I already flared.
" 11, then, Admiral Chriflian, without any orders
from home, or previous communication on the fob.
jett, thought proper to adept the neceflary meafures
for undertaking an expedition to the Rio de la Plata,
during the period of his commanding the fquadron at
the Cape, how n.dch more urgent, and how much
more jullifiable mull have been the motives which
induced me to engage in that enterprize, who had
ptevioully been app, trued to the (hip I commanded
for the exprefs purpofe of proceeding in her to South
America, and who had been confidenrially apprized
of the secret views and plans of tire King's Ministers
refpe•Cting it long before I left England ?
" But though the intention of Admiral Chriltian to
proceed to the attack of the Spanith fettlements was
well known to his Majetly's Government in England,
yet 1 find on enquiry that the Admlralry Board of

that day expreffed no difapprobation of the matures
he had purfued without their orders ; whereas I who
fucceeded in the fame enterprife, executed from ex.
ally the fame point of departure, and wha.. is not a
little fingular, under the aufpiees of the fame military
Commander, I mean Sir David Baird, am now ar-
raigned for my fuccefs, even at the moment when
Minifters are following up the blow I [truck with all
the energy in their power, by employing all the forces
they well can mufter for that fervice.
" I have fail, Sir, that when the Admiralty learnt
by my letter of the 9th of April, that I had failed
with the fquadron under my orders for the Rio de la
Plata, that Board did not at firft apparently ditap.
prove of my conduct, and I think I am borne out in
this conclufion by the tenor of Mr. Marfden's
acknowledging mine of the date lilt mentioned. The
letter in quetlirn is dated Auguft 6, and is conceived
in the following terms
have received and communicated to my Lords Commif-
fioners of the Admiralty, your letter of the 9th of April lag, in-
forming them of your intended proceedings with the fqoadron
under your orders. I am fee. WM. MARSDEN."
" Now, Sir, on comparing the preceding letter
with a letter from Mr. Marfden, dated the ill of
March, tBo6, in anfwer to one from me, conveying
a piece of intelligence, which I cannot but fuppofe
mutt have been gratifying ; the two letters will prove
to be written exactly in the fame llyle. The letter
of the if of Match is as follows :
sia_a have received and laid before my Lords Commiftloners
of the Admiralty. your letter of the r3th of January Taft, with the
feveral papers therein referred to, relative to the capitulation of
the tiswn and cattle of Good Hope. lam, Sir, yours, &c.
(Signed) WN. moasoria.
" The conclufion which I think every unprejudiced
man would draw from the perufal of thefe two letters
is, that if the Admiralty Board did not judge proper
to exprels to me any approbation, not merely of my
own condua as Commander of the naval force em-
ployed in the reduction of the Cape, but of that of the
Officers and Seamen who contributed to this conquea,
(till the Board could not well be difpleafed with it; and
that by their Secretary having left me alfo in the dark,
01 rather to my own conjectures, in his replyto my let-
ter acquainting him of my having failed with my Irina-
dron to the Rio de la Plata, it was equally prefuma-
hie that t:ie Board did not then difappi, ye of my
having proceeded on that Expedition—that is, by
the tone and charaCter of the two letters, they looked
upon the capture of the Cape, and the arrangement
for the fquadron's failing to Rio de la Plata, pre-
cifely in the fame point of view, or that one was as
likely to meet their approbation, or to prove advan-
tageous to the country as the other."
(To be coniinseed.)