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+*** START OF THE PROJECT GUTENBERG EBOOK 77890 ***
+
+------------------------------------------------------------------------
+
+ Transcriber’s Note:
+
+This version of the text cannot represent certain typographical effects.
+Italics are delimited with the ‘_’ character as _italic_.
+
+Footnotes have been moved to follow the paragraphs in which they are
+referenced.
+
+Minor errors, attributable to the printer, have been corrected. Please
+see the transcriber’s note at the end of this text for details regarding
+the handling of any textual issues encountered during its preparation.
+
+ THE
+
+ AUTOBIOGRAPHY OF A SEAMAN.
+
+ VOL. II.
+
+
+
+
+
+
+
+
+ LONDON
+ PRINTED BY SPOTTISWOODE AND CO.
+ NEW-STREET SQUARE
+
+
+
+
+
+
+
+
+ THE
+
+ AUTOBIOGRAPHY OF A SEAMAN.
+
+ BY
+
+ THOMAS, TENTH EARL OF DUNDONALD, G.C.B.
+
+ ADMIRAL OF THE RED, REAR-ADMIRAL OF THE FLEET,
+ ETC. ETC.
+
+
+[Illustration]
+
+
+ VOLUME THE SECOND.
+
+ =Second Edition.=
+
+
+ LONDON:
+ RICHARD BENTLEY, NEW BURLINGTON STREET,
+ =Publisher in Ordinary to Her Majesty.=
+
+ 1861.
+
+
+
+
+ _The right of translation is reserved._
+
+
+
+
+ CONTENTS
+
+ OF
+
+ THE SECOND VOLUME.
+
+
+ --------------
+
+
+ CHAPTER XXIV.
+ A NAVAL STUDY FOR ALL TIME.
+
+ Charts, &c., supplied by the present Government.—Refused by
+ a former Government.—Alteration made in the Charts.—Mr.
+ Stokes’s Affidavits.—Letter to Sir John Barrow.—Singular
+ Admiralty Minute.—Second Letter to Sir John Barrow.—The
+ Charts again Refused.—My Departure for Chili.—Renewed
+ Application to the Admiralty.—Kindness of the Duke of
+ Somerset.—Difference of Opinion at the Admiralty Page 1
+
+ CHAP. XXV.
+ A NAVAL STUDY—_CONTINUED_.
+
+ French Hydrographic Charts.—One tendered by me to the
+ Court.—Rejected by the President.—Grounds for its
+ rejection.—The object of the rejected Chart.—Would have
+ proved too much, if admitted.—Rejection of other Charts
+ tendered by me.—Mr. Stokes’s Chart.—Its Fallacy at first
+ sight.—Judge Advocate’s Reasons for Adopting it.—Its
+ Errors detected by the President, and exposed
+ here.—Probable Excuse for the Error.—Imaginary Shoal on
+ the Chart.—Falsification of Width of Channel.—Lord
+ Gambier’s Voucher for Stokes’s Chart.—Stokes’s Voucher for
+ its Worthlessness.—Stokes’s Chart in a National point of
+ View.—Taken Advantage of by the French 15
+
+ CHAP. XXVI.
+ A NAVAL STUDY—_CONTINUED_.
+
+ The Evidence of Officers present in Basque Roads.—Admiral
+ Austen’s Opinions confirmatory of my Statements.—Fallacy
+ of alleged Rewards to myself, in place of these
+ Persecutions.—Treatment of my eldest Son, Lord
+ Cochrane.—Letter from Capt. Hutchinson confirmatory of the
+ Enemy’s Panic.—A Midshipman near taking the
+ Flag-ship.—Evidence of Capt. Seymour, conclusive as to
+ Neglect, which was the Matter to be inquired into, in not
+ sending Ships to attack.—Attempt to Weather his
+ Evidence.—Capt. Malcolm’s Evidence confirmatory of Capt.
+ Seymour’s.—Capt. Broughton’s Testimony proves the complete
+ Panic of the Enemy, and the Worthlessness of their
+ Fortifications.—Lord Gambier declares them Efficient on
+ Supposition arising from Hearsay.—Enemy unable to fight
+ their Guns.—The imaginary Shoal.—A great Point made of
+ it.—Mr. Fairfax’s Map.—Lord Gambier on the Explosion
+ Vessels.—Contradicted by Mr. Fairfax.—Contrast of their
+ respective Statements.—Fairfax’s Evasions.—His Letter to
+ the _Naval Chronicle_.—These Matters a Warning to the
+ Service 40
+
+ CHAP. XXVII.
+ CONDUCT OF THE COURT-MARTIAL.
+
+ Lord Gambier’s Defence.—Second Despatch ignoring the
+ First.—Attempt of the Court to stop my Evidence.—Evidence
+ received because opposed to mine.—I am not permitted to
+ hear the Defence. The Logs tampered with.—Lord Gambier’s
+ Defence aimed at me under an erroneous Imputation.—My
+ Letter to the Court confuting that Imputation.—Admiralty
+ Accusation against Lord Gambier on my Refusal to accuse
+ his Lordship.—His Insinuations against me uncalled
+ for.—Assumes that I am still under his Command.—Enemy
+ escaped from his own Neglect.—The Shoals put in the Chart
+ to excuse this.—Attempt to impute blame to me and Captain
+ Seymour.—The Truth proved by Captain Broughton that Lord
+ Gambier had no Intention of Attacking.—Lord Howe’s Attack
+ on the Aix Forts.—Clarendon’s Description of Blake. 82
+
+ CHAP. XXVIII.
+ THE VOTE OF THANKS.
+
+ My Motion for Minutes of Court-martial.—Mr. Tierney’s
+ Opinion respecting them.—Mr. Whitbread’s Views.—The
+ Minutes indispensable.—Mr. Wilberforce on the same
+ point.—Lord Grey’s Opinion of the Ministry.—The Vote of
+ Thanks leaves out my Name, yet the Credit of the Affair
+ given to me.—Inconsistency of this.—I impugn the Decision
+ of the House.—Sir Francis Burdett’s Opinion.—Mr.
+ Windham’s.—Lord Mulgrave turns round upon me.—His
+ Lordship’s Misrepresentations.—Yet admits the Service to
+ be “Brilliant.”—Lord Mulgrave Rebuked by Lord
+ Holland.—Earl Grosvenor’s Views.—Lord Melville hits upon
+ the Truth, that I, being a Junior Officer, was left
+ out.—Vote of Thanks in Opposition to Minutes.—The Vote,
+ though carried, damaged the Ministry 104
+
+ CHAP. XXIX.
+ REFUSAL OF MY PLANS FOR ATTACKING THE FRENCH FLEET IN THE SCHELDT.
+
+ Refused Permission to Rejoin my Frigate.—-I am regarded as a
+ marked Man.—No Secret made of this.—Additional cause of
+ Offence to the Ministry.—The Part taken by me on the
+ Reform Question, though Moderate, resented.—Motion for
+ Papers on Admiralty-Court Abuses.—Effect of the
+ System.—Modes of evading it.—Robberies by
+ Prize-Agents.—Corroborated by George Rose.—Abominable
+ System of Promotion.—Sir Francis Burdett committed to the
+ Tower.—Petitions for his Liberation intrusted to me.—Naval
+ Abuses.—Pittances doled out to wounded Officers.—Sinecures
+ cost more than all the Dockyards.—My Grandmother’s
+ Pension.—Mr. Wellesley Pole’s Explanation.—Overture to
+ quit my Party.—Deplorable Waste of Public Money.—Bad
+ Squibs.—Comparison with the present Day.—Extract from
+ _Times_ Newspaper 126
+
+ CHAP. XXX.
+ MY PLANS FOR ATTACKING THE FRENCH COAST REFUSED, AND MYSELF
+ SUPERSEDED.
+
+ Plans for Attacking the French Coast submitted to the First
+ Lord, the Right Honourable Charles Yorke.—Peremptorily
+ ordered to join my Ship in an inferior Capacity.—My
+ Remonstrance.—Contemptuous Reply to my Letter.—Threatened
+ to be superseded.—Mr. Yorke’s Ignorance of Naval
+ Affairs.—Result of his Ill-treatment of me.—My Reply
+ passed unnoticed, and myself Superseded 151
+
+ CHAP. XXXI.
+ VISIT TO THE ADMIRALTY COURT AT MALTA.
+
+ The Maltese Admiralty Court.—Its extortionate Fees, and
+ consequent Loss to Captors.—My Visit to Malta.—I possess
+ myself of the Court Table of Fees.—Ineffectual Attempts to
+ arrest me.—I at length Submit, and am carried to Prison.—A
+ mock Trial.—My Defence.—Refuse to answer Interrogatories
+ put for the purpose of getting me to criminate myself.—Am
+ sent back to Prison.—Am asked to leave Prison on Bail.—My
+ Refusal, and Escape.—Arrival in England 166
+
+ CHAP. XXXII.
+ NAVAL LEGISLATION HALF A CENTURY AGO.
+
+ Inquiry into the State of the Navy.—Condition of the
+ Seamen.—The real Cause of the Evil.—Motion relative to the
+ Maltese Court.—Its extortionate Charges.—My own Case.—A
+ lengthy Proctor’s Bill.—Exceeds the Value of the
+ Prize.—Officers ought to choose their own Proctors.—Papers
+ moved for.—Mr. Yorke’s Opinion.—Sir Francis Burdett’s.—My
+ Reply.—Motion agreed to.—Captain Brenton’s
+ Testimony.—French Prisoners.—Their Treatment.—Ministers
+ refuse to inquire into it.—Motion on my
+ Arrest.—Circumstances attending it.—My right to demand
+ Taxation.—The Maltese Judge refuses to notice my
+ Communications.—Afraid of his own Acts.—Proceedings of his
+ Officers illegal.—Testimony of eminent Naval
+ Officers.—Proclamation on my Escape.—Opinion of the
+ Speaker adverse.—Mr. Stephen’s erroneous Statement.—Motion
+ Objected to by the First Lord.—My Reply 181
+
+ CHAP. XXXIII.
+ OPENING OF PARLIAMENT, 1812.
+
+ Sir Francis Burdett’s Address seconded by me.—Employment of
+ the Navy.—Naval Defences.—The Address rejected.—Curious
+ Letter from Captain Hall.—Perversion of Naval Force in
+ Sicily.—A Nautico-military Dialect.—Uselessness of our
+ Efforts under a false System, which excludes Unity of
+ Purpose 215
+
+ CHAP. XXXIV.
+ MY SECRET PLANS.
+
+ My Plans submitted to the Prince of Wales.—Negotiations
+ thereon.—A modified Plan submitted, which came to
+ nothing.—Inconsiderate Proposition.—Recent Report on my
+ Plans.—Opinions of the Commissioners.—Plans probably known
+ to the French.—Faith kept with my Country in spite of
+ Difficulties.—Injurious Results to myself both Abroad and
+ at Home.—Opposition to my Plans inexplicable.—Their Social
+ Effect.—The Subject of Fortifications: these greatly
+ overrated.—-Reasons why.—The Navy the only Reliance 227
+ CHAP. XXXV.
+ NAVAL AND OTHER DISCUSSIONS IN PARLIAMENT.
+
+ Sinecures.—Admiralty Expenses ill directed.—What might be
+ done with small Means.—Flogging in the Army and Navy
+ attributable to a bad System: nevertheless,
+ indispensable.—National Means wrongly applied.—Injurious
+ Concessions to the French.—Denied by the
+ Government.—Explanations of my Parliamentary Conduct on
+ the Dissolution of Parliament.—Letter to my
+ Constituents.—Appointment of Officers by Merit instead of
+ political Influence the true Strength of the Navy.—My
+ Re-election for Westminster.—Address to the
+ Electors.—Ministerial Views.—Treatment of an Officer.—My
+ Interference 246
+
+ CHAP. XXXVI.
+ MY MARRIAGE.
+
+ Romantic Character of my Marriage.—Unforeseen
+ Difficulties.—Family Results 269
+
+ CHAP. XXXVII.
+ NAVAL ABUSES.
+
+ Greenwich Hospital.—Droits of Admiralty.—Pensions.—My
+ Efforts fruitless.—Contradiction of my Facts.—The
+ Manchester Petition.—Naval Debates.—Resolutions
+ thereon.—Mr. Croker’s Reply.—Remarks thereon.—Sir Francis
+ Burdett.—My Reply to Mr. Croker.—Resolutions negatived
+ without a Division.—Sir Francis Burdett’s Motion.—Mr.
+ Croker’s Explanation.—-His Attack on me confirming my
+ Assertions.—The Truth explained.—Another unfounded
+ Accusation.—Official Claptrap of his own Invention.—My
+ Reply.—Its Confirmation by Naval Writers.—Lord
+ Collingwood’s Opinion.—My Projects adopted in all
+ important Points.—Official Admissions.—The Result to
+ myself 273
+
+ CHAP XXXVIII.
+ THE STOCK-EXCHANGE TRIAL.
+
+ Necessity for entering on the Subject.—Lord Campbell’s
+ Opinion respecting it.—Lord Brougham’s Opinion.—His late
+ Majesty’s.—My Restoration to Rank.—Refusal to
+ Reinvestigate my Case.—The Reasons given.—Extract from
+ Lord Brougham’s Works.—My first Knowledge of De
+ Berenger.—How brought about.—The Stock-Exchange
+ Hoax.—Rumours implicating me in it.—I return to Town in
+ consequence.—My Affidavit.—Its Nature.—Improbability of my
+ Confederacy.—My Carelessness of the Matter.—De Berenger’s
+ Denial of my Participation.—Remarks thereon.—Significant
+ Facts.—Remarks on the alleged Hoax common on the
+ Stock-Exchange 317
+
+ CHAP. XXXIX.
+
+ Admiralty Influence against me.—Appointment of Mr. Lavie as
+ Prosecutor.—The Trial.—Crane, the Hackney
+ Coachman.—Indecision of his Evidence.—Lord Ellenborough’s
+ Charge, and unjustifiable Assumptions.—Report of the Trial
+ falsified; or rather made up for the Occasion.—Evidence,
+ how got up.—Proved to be positive Perjury.—This confirmed
+ by subsequent Affidavits of respectable Tradesmen.—Another
+ Charge in Store for me, had not this succeeded.—The chief
+ Witness’s Conviction.—His subsequent Transportation and
+ Liberation.—Affidavits of my Servants, Thomas Dewman, Mary
+ Turpin, and Sarah Bust.—My second Affidavit.—Appeal from
+ my Conviction refused.—Expulsion from the House.—Minority
+ in my Favour. 344
+
+ CHAP. XL.
+
+ Remarks on Lord Ellenborough’s Directions.—Proofs of this
+ Fallacy.—His Assumption of things not in Evidence, and
+ unwarrantable Conjectures, in positive Opposition to
+ Evidence.—His Desire to Convict obnoxious Persons.—Leigh
+ Hunt, Dr. Watson, and Hone.—Lord Ellenborough a Cabinet
+ Minister at the time of my Trial.—My Conviction a
+ ministerial Necessity.—Vain Attempts to get my Case
+ reheard.—Letter to Lord Ebrington.—The Improbability of my
+ Guilt.—Absurdity of such Imputation.—Letter of Sir Robert
+ Wilson.—Letter of the late Duke of Hamilton.—Mr. Hume’s
+ Letter.—Causes for my Persecution.—Treatment of the
+ Princess Charlotte, who fled to her Mother’s
+ Protection.—Sympathy of the Princess for my Treatment—My
+ Popularity increased thereby.—Mine really a State
+ Prosecution.—Restoration of Sir Robert Wilson.—My
+ Restoration incomplete to this Day 372
+
+ APPENDICES 401
+
+
+ DIRECTIONS TO THE BINDER.
+
+ Chart A _to face page_ 15
+ ” B ” 101
+ ” C ” 24
+ ” D ” 37
+
+
+
+
+ AUTOBIOGRAPHY OF A SEAMAN.
+
+ ---------------------
+
+
+
+
+ CHAPTER XXIV.
+
+ A NAVAL STUDY FOR ALL TIME.
+
+CHARTS, ETC., SUPPLIED BY THE PRESENT GOVERNMENT.—REFUSED BY A FORMER
+ GOVERNMENT.—ALTERATION MADE IN THE CHARTS.—MR. STOKES’S
+ AFFIDAVITS.—LETTER TO SIR JOHN BARROW.—SINGULAR ADMIRALTY
+ MINUTE.—SECOND LETTER TO SIR JOHN BARROW.—THE CHARTS AGAIN
+ REFUSED.—MY DEPARTURE FOR CHILI.—RENEWED APPLICATION TO THE
+ ADMIRALTY.—KINDNESS OF THE DUKE OF SOMERSET.—DIFFERENCE OF OPINION
+ AT THE ADMIRALTY.
+
+
+It will be asked, “How is it that the matters recorded in the present
+volume are, after the lapse of fifty years, for the first time made
+public?”
+
+The reply is, that it was not till after the publication of the
+preceding volume that I have been enabled to place the subject in a
+comprehensible point of view[1], and that only through the high sense of
+justice manifested by the late and present First Lords of the Admiralty,
+in furnishing me with charts and logs, access to which was prohibited by
+former Boards of Admiralty. On several previous occasions the attempt
+has been made, but from the obstinate refusal of their predecessors to
+afford me access to documents by which alone truth could be elicited, it
+has not hitherto been in my power to arrive at any more satisfactory
+result than that of placing my own personal and unsupported statements
+in opposition to the sentence of a court-martial.
+
+-----
+
+Footnote 1:
+
+ This concession will, in the future narrative, render necessary a
+ slight recapitulation of some matters contained in the previous
+ volume, but not to any appreciable extent.
+
+-----
+
+The necessary materials being now conceded, in such a way as to enable
+me to prepare them for publication in detail, it is, therefore, for the
+first time in my power to vindicate myself. A brief recapitulation of
+former refusals, as well as of the manner in which I became possessed of
+such documentary testimony as will henceforth exhibit facts in a
+comprehensive point of view, is desirable, as placing beyond dispute
+matters which would otherwise be incredible.
+
+My declaration previous to the court-martial—that it was in my capacity
+as a member of the House of Commons alone that I intended to oppose a
+vote of thanks to Lord Gambier, on the ground that no service had been
+rendered worthy of so high an honour—will be fresh in the remembrance of
+the reader[2]; and also that when, at the risk of intrenchment on the
+privilege of Parliament, the Board of Admiralty called upon me
+officially to accuse his lordship, I referred them to the logs of the
+fleet for such information relative to the attack in Aix Roads as they
+might require[3];—it nevertheless became evident that I was regarded as
+his lordship’s prosecutor! though, _throughout the trial, excluded from
+seeing the charts before the Court, hearing the evidence,
+cross-examining the witnesses, or even listening to the defence!_[4]
+
+-----
+
+Footnote 2:
+
+ See my conversation with Lord Mulgrave, vol. i. pp. 345, 346.
+
+Footnote 3:
+
+ See my letter to the Secretary of the Admiralty, vol. i. p. 408.
+
+Footnote 4:
+
+ See Minutes of Court-martial, p. 228.
+
+-----
+
+On the acquittal of Lord Gambier, the ministry did not submit the vote
+of thanks to Parliament till six months afterwards, viz. in the session
+of the following year, 1810. To myself, however, the consequences
+were—as Lord Mulgrave had predicted—immediate; bringing me forthwith
+under the full weight of ministerial displeasure. The Board of Admiralty
+prohibited me from joining the _Impérieuse_ in the Scheldt.
+
+The effect of this prohibition in a manner so marked as to be
+unmistakeable as to its cause, produced on my mind a natural anxiety to
+lay before the public the reasons for a proceeding so unusual, and, as a
+first step, I requested of the Board permission to inspect the charts
+upon which—_in opposition to the evidence of officers present at the
+attack_—the decision of the court-martial had been made to rest. The
+request was evaded, both then and afterwards, even though persisted in
+up to the year 1818, when it was officially _denied_ that the original
+of the most material chart was in the possession of the Admiralty. Even
+inspection of _a copy admitted to be in their possession_ was refused.
+
+An assertion of this nature might be dangerous were not ample proof at
+hand.
+
+It having come to my knowledge, from certain affidavits filed in the
+Court of Admiralty by Mr. Stokes, the master of Lord Gambier’s flagship,
+on whose chart the acquittal of Lord Gambier had been based—that, _after
+the lapse of eight years from the court-martial!_ material alterations
+had been made _by permission of the Board itself and under the direction
+of one of its officers_—I naturally became suspicious that the charts
+might otherwise have been tampered with; the more so, as neither at the
+court-martial, nor at any period subsequent to it, had I ever been
+allowed to obtain even a sight of the charts in question.
+
+The very circumstances were suspicious. On the application for
+head-money to the Court of Admiralty in 1817, the Court had refused to
+receive Mr. Stokes’s chart, on account of its palpable incorrectness. On
+this, Mr. Stokes applied to the Admiralty for permission _to alter his
+chart_! The permission was granted, and in this altered state it was
+received by the Court of Admiralty, which, on Mr. Stokes’s authority,
+decreed that the head-money should be given _to the whole fleet_,
+contrary to the Act of Parliament, _instead of the ships which alone had
+taken part in the destruction of the enemy’s vessels_.
+
+Fearful that material erasures or additions had been made, I once more
+applied to the Board for permission to _inspect_ the alterations. The
+request was again refused, though my opponents had been permitted to
+make what alterations and erasures they pleased.
+
+The following are extracts from the above-mentioned affidavits of Mr.
+Stokes:—
+
+Extract from the affidavit, sworn before the High Court of Admiralty on
+ the 13th of November, 1817, of Thomas Stokes, master of the
+ _Caledonia_, as to the truth of the MSS. chart, upon which the
+ acquittal of Lord Gambier was based; _before_ the Court of Admiralty
+ rejected his chart, and _before_ the alterations were made.
+
+“And this deponent maketh oath that the annexed paper writing marked
+ with the letter A, being a chart of Aix Roads, _is a true copy[5]
+ made by this deponent_ of an original French chart found on board
+ the French frigate _L’Armide_ in September, 1806, which _original
+ chart is now in the Hydrographic Office in the Admiralty_, and by
+ comparing the same with the original chart he is enabled to depose,
+ and _does depose that the said chart is correct and true_, and that
+ the soundings therein stated accurately describe the soundings at
+ low water, to the best of his judgment and belief.”
+
+Extract from a second affidavit, sworn by Mr. Stokes, before the High
+ Court of Admiralty, on the 17th of April, 1818, _after_ the Court
+ had refused to admit his chart from its incorrectness; and _after_
+ the alterations had been made!
+
+“Appeared personally, Thomas Stokes, master in the Royal Navy, and made
+ oath that the original MSS. chart found on board the French frigate
+ _L’Armide_, and marked A, annexed to his affidavit of the 13th of
+ November, 1817, were delivered at the Hydrographic Office at the
+ Admiralty, and this deponent for _greater convenience of reference!
+ inserted a scale of a nautic mile!!_ the original manuscript chart
+ having only a scale of French toises; that in inserting a scale of a
+ nautic mile, this deponent _had allowed a thousand French toises to
+ a nautic mile_, and that Mr. Walker, the Assistant-Hydrographer,
+ accordingly made the erasures which now appear on the face of the
+ chart!” &c.
+
+-----
+
+Footnote 5:
+
+ The original was neither produced at the court-martial nor before the
+ Court of Admiralty. A far greater and more deliberate error will
+ appear in a future chapter.
+
+-----
+
+In these affidavits Mr. Stokes first distinctly swore that his chart,
+copied from a French MSS. was _correct_; 2ndly—when detected by the
+Court of Admiralty—that it was _incorrect_; 3rdly—that the original was
+_deposited in the Hydrographic Office at the Admiralty_.
+
+My application to Sir John Barrow, then Hydrographer to the Admiralty,
+was as follows:—
+
+ “May 4th, 1818.
+
+ “SIR,—As it appears by the affidavit of which I enclose a copy that
+ two charts of Aix Roads, the one stated to be a copy of the other,
+ were deposited in the Hydrographic Office, and that the one
+ _purporting to be the copy_ has been delivered up for the purpose of
+ being exhibited as evidence on the part of my opponents in a cause now
+ pending in the High Court of Admiralty, and as it further appears that
+ _an alteration_ in the last-mentioned chart was made by Mr. Stokes,
+ and a further alteration by Mr. Walker, Assistant-Hydrographer, I have
+ to request that the Right Honourable the Lords Commissioners will be
+ pleased to permit me to see the other or original chart of Mr. Stokes
+ still remaining at the Hydrographic Office, in order that I may be
+ enabled to judge for myself of the nature and effect of the
+ alterations now acknowledged to have been made on the charts. The
+ reasonableness of this request will, I presume, be manifest to their
+ Lordships, and the more especially, seeing that my opponents _are not
+ only allowed similar access, but have been permitted to withdraw one
+ of the said charts for the purpose of exhibiting it in evidence_,
+ notwithstanding that a variation from the original has been avowedly
+ made therein.
+
+ I have, &c.,
+ “COCHRANE.
+
+ “Sir John Barrow, Hydrographer, &c.”
+
+To this request Sir John Barrow, on the 6th of May, returned the
+following refusal:—
+
+ “As Mr. Stokes’s charts have been restored to him, and _a copy_ made
+ for the use of the office, I am directed to acquaint your Lordship
+ that my Lords cannot comply with your request in respect _to the
+ original chart_, and as to _the copy_ of the chart made in this office
+ and now remaining here, their Lordships _do not feel themselves at
+ liberty to communicate it_.
+
+ “I have the honour, &c.
+ “JOHN BARROW.”
+
+This refusal was accompanied by the following copy of a minute from the
+Admiralty: in which it was pretended that Stokes had only _lent_ the
+original chart to the Hydrographer’s office, _to be copied for the use
+of the Hydrographic Department_—though it had been made use of to acquit
+an admiral, to the rejection of the charts of the fleet, as will
+presently be seen.
+
+ “Mr. Stokes _lent_ the original chart to the Hydrographer’s office, to
+ be copied for the _use of that department_.
+
+ “Mr. Stokes then went abroad.
+
+ “On his return he applied for his chart, which being _mislaid_ they
+ gave him the _copy_.
+
+ “Stokes, finding the alteration objected to in a court of law, applied
+ about a month since for his own chart, the _original_ of which was
+ _restored to him_, copy being made.”—23, 141, 147.
+
+To this singular communication and minute I returned the subjoined
+reply:—
+
+ “13, Henrietta Street, Covent Garden.
+ 18th May, 1818.
+
+ “SIR,—Your letter of the 6th of May was delivered to me as I was going
+ out of town, consequently I had no opportunity of referring to
+ documents which I have since consulted, in order to refute the
+ statements which the Lords of the Admiralty appear to have received.
+
+ “You inform me, by command of their Lordships, that ‘it appears by a
+ report from the Hydrographer that Mr. Stokes had become possessed of
+ the original chart which he _lent_ to the Hydrographer’s office for
+ the use of that department.’ This appears to imply that Mr. Stokes
+ became possessed of the original chart at the time of the attack in
+ the _Charente_ under Lord Gambier, whereas Mr. Stokes made oath that
+ it was taken from the _Armide_ in 1806, two years and a half previous
+ to the attack in question. As it does not appear from the Minutes of
+ the court-martial on Lord Gambier that the original chart was then
+ produced, and as it is not now forthcoming in the cause now pending in
+ the Court of Admiralty, I am compelled to disbelieve its existence, or
+ at least to believe that it underwent material alterations after it
+ came into Mr. Stokes’s possession. The original ought to have been
+ exhibited with the copy at the trial of Lord Gambier, and both either
+ were or ought to have been filed in the office of the Admiralty with
+ the Minutes of the proceedings; but whether _either_ are so filed
+ their Lordships _have not permitted me to ascertain_.
+
+ “If the original were filed, it could not afterwards have been ‘_lent_
+ by Mr Stokes to the Hydrographer’s office to be copied for the use of
+ that department.’ Even had the copy only been filed—sworn as it was by
+ Mr. Stokes ‘_to be correct!_’ there could have been no necessity—if
+ Mr. Stokes was deemed worthy of belief—for the Hydrographer to _borrow
+ the original_. _Eight years_ having elapsed since the court-martial on
+ Lord Gambier, you inform me that ‘Mr. Stokes on his return from abroad
+ applied for his chart accordingly, which chart happening to be
+ mislaid, he was furnished _with the copy_ in question,’ viz. that
+ ‘made for the use of the Hydrographer’s department.’ It is important
+ to observe that _this is completely at variance with the affidavit_ of
+ Mr. Stokes, who swears that ‘_he himself made the copy_,’ and that
+ ‘_both the copy and the original were delivered at the Hydrographic
+ Office!_’ It cannot fail to be observed, that to ‘deliver’ a chart at
+ the Hydrographic Office, and to ‘_lend_ a chart to be copied for the
+ use of that department’—the language of the letter before me—are
+ different expressions, conveying widely different meanings.
+
+ “It is also material to observe that it is strange alterations _at
+ all_ should have been made on a chart represented to be a _copy_ of an
+ _original_, and exhibited as evidence in a court of law. That such
+ original _is not forthcoming_ is a very material and a very
+ _suspicious circumstance_. If it be true, or if there really be any
+ other chart than that which is described as a copy and _admitted_ to
+ be altered, I may fairly infer that such altered copy differs so
+ materially and so fraudulently from the original, or that the
+ original—so called—is itself so palpable a fabrication, or has so
+ obviously been altered, that Mr. Stokes and his employers _do not dare
+ to exhibit it in a court of law_; and have withdrawn it from the
+ Hydrographer’s office for the purpose of suppressing so convincing a
+ proof of the fraud practised on Lord Gambier’s trial.
+
+ “Exclusive of the glaring contradiction between the statements of Mr.
+ Stokes on the court-martial, and that which you have been commanded to
+ make to me, when it is considered that Mr. Stokes is detected in
+ _having altered_ a document which he exhibits in a court of law as a
+ correct copy of an original, and that he is no sooner detected than he
+ endeavours to defend the alteration by declaring that it proceeded
+ from the Hydrographer’s office, where the _original was deposited_;
+ and that upon such defence leading to an application for leave to
+ inspect the _original_, answer is made that such original _had merely
+ been borrowed of Mr. Stokes_, and had been returned to him _at his own
+ request_, and that request, too, made in consequence of the alteration
+ in the alleged copy _having been detected_—it is impossible not to
+ infer a juggle between Mr. Stokes, the Hydrographic Office, and others
+ whom I shall not here undertake to name, for the purpose of defeating
+ the ends of justice.
+
+ “COCHRANE.
+
+ “Sir John Barrow, Hydrographer, &c.”
+
+Receiving no reply to this letter, I subsequently addressed the
+following to the Secretary of the Admiralty.
+
+ “9, Bryanstone Street, Portman Square,
+ 2nd July, 1818.
+
+ “SIR,—I feel it proper to inclose to you, as Secretary of the
+ Admiralty, a copy of an affidavit, accompanied by a general outline of
+ the chart of Basque Roads, the originals of which are filed in the
+ High Court of Admiralty, by which their Lordships will clearly
+ perceive that five more ships of the line _might_ and _ought_ to have
+ been taken or destroyed, had the enemy been attacked between daybreak
+ and noon on the 12th of April. And I have to request, Sir, that you
+ will have the goodness to lay these documents before their Lordships
+ (as well as the inclosed printed case which they have already partly
+ seen in manuscript), with my respectful and earnest desire that their
+ Lordships may be pleased to cause the facts therein set forth to be
+ verified by comparing them with the original documents, logs, charts,
+ and records in their Lordships’ possession. I am the more solicitous
+ that the present Lords Commissioners of the Admiralty should adopt
+ this mode of proceeding, as it will enable them decisively to judge on
+ a subject of great national importance, and also to ascertain (what a
+ portion of the public know) that it is not by false evidence from
+ amongst the lower class of society alone that my character has been
+ assailed, in order not only to perpetuate the concealment of neglect
+ of duty, but to prevent an exposure of the perjury, forgery, and fraud
+ by which that charge was endeavoured to be refuted.
+
+ “I beg, Sir, that you will assure their Lordships on my part, that as
+ a deep sense of public duty alone induced me formerly to express a
+ hope that the thanks of Parliament might not be pressed for the
+ conduct of the affair in Basque Roads, so, in addition to that
+ feeling, which made me disregard every private interest, I have formed
+ a fixed determination never, whilst I exist, to rest satisfied until I
+ expose the baseness and wickedness of the attempts made to destroy my
+ character, which I value more than my life.
+
+ “As the affidavits of Captains Robert Kerr and Robert Hockings (which,
+ as well as my own, are filed in the High Court of Admiralty) may
+ immediately be made the subject of indictment in a court of law, and
+ as the proceedings in the Admiralty Court have been put off under the
+ pretence of obtaining further evidence in support of the
+ mis-statements of these officers and the claim of Lord Gambier, I have
+ respectfully to request that when the Lords Commissioners of the
+ Admiralty shall have instituted an inquiry into the logs, charts, and
+ documents, and ascertained the conduct of the before-named officers,
+ they will be pleased to cause public justice to be done in a matter
+ involving the character of the naval service so deeply.
+
+ “If, Sir, through their Lordships’ means, a fair investigation shall
+ take place, it will be far more gratifying than any other course of
+ proceeding.
+
+ “I have the honour to be, &c. &c.,
+ “COCHRANE.
+
+ “Jno. Wilson Croker, Esq., Secretary, &c., Admiralty.”
+
+After the above correspondence I gave up, as hopeless, all further
+attempts to obtain even so much as a sight of the charts without which
+any public explanation on my part would have been unintelligible.
+
+In the year 1819—when nearly ruined by law expenses, fines, and
+deprivation of pay—in despair moreover, of surmounting the unmerited
+obloquy which had befallen me in England—I accepted from the Chilian
+government an invitation to aid in its war of independence; and removed
+with Lady Cochrane and our family to South America, in the vain hope of
+finding, amongst strangers, that sympathy which, though interested,
+might, in some measure compensate for the persecutions of our native
+land.[6] I will not attempt to describe the agonised feelings of this
+even temporary exile under such circumstances from my country, in whose
+annals it had been my ambition to secure an honourable position. No
+language of mine could convey the mental sufferings consequent on
+finding aspirations—founded on exertions which ought to have justified
+all my hopes—frustrated by the enmity of an illiberal political faction,
+which regarded services to the nation as nothing when opposed to the
+interests of party.
+
+-----
+
+Footnote 6:
+
+ The malice of offended faction pursued me even to this remote part of
+ the globe, in the shape of a “Foreign Enlistment Act” (59th George
+ III. cap. 69). This Act was introduced by the Attorney-General, Sir
+ Samuel Shepherd, for the express purpose of preventing any one from
+ assisting the South American States then at war with Spain; the Act
+ being thus especially levelled at me, though injuriously driven from
+ the service of my own country.
+
+-----
+
+On my return to England, from causes which will appear in the sequel,
+the subject of the charts was not again officially renewed.
+
+Latterly, however, considering that at my advanced age there was a
+probability of quitting the world with the stigma attached to my memory
+of having been the indirect cause of bringing my commander-in-chief to a
+court-martial—though in reality the charges were made by the Admiralty—I
+determined to make one more effort to obtain those documents which alone
+could justify the course I had deemed it my duty to pursue. In the hope
+that the more enlightened policy of modern times might concede the boon,
+which a former period of political corruption had denied, I applied to
+Sir John Pakington, late First Lord of the Admiralty, for permission to
+inspect such documents relative to the affair of Aix Roads as the Board
+might possess.
+
+Permission was kindly and promptly granted by Sir John Pakington; but
+Lord Derby’s ministry going out of office before the boon could be
+rendered available, it became necessary to renew the application to the
+successor of the Right Honourable Baronet, viz. his Grace the Duke of
+Somerset, who as promptly complied with the request. The reader may
+judge of my surprise on discovering, in its proper place, bound up
+amongst the Naval Records, in the usual official manner, the _very chart
+the possession of which had been denied by a former Board of Admiralty_!
+
+The Duke of Somerset, moreover, with a consideration for which I feel
+truly grateful, ordered that whatever copies of charts I might require,
+should be supplied by the Hydrographic Office; so that by the kindness
+of Captain Washington, the eminent hydrographer to the Board, tracings
+of the suppressed charts have been made, and are now appended to this
+volume. His grace further ordered that the logs of Lord Gambier’s fleet
+should be submitted to the inspection of Mr. Earp, with permission to
+make extracts; an order fully carried out by the courtesy of Mr.
+Lascelles, of the Record Office, to the extent of the logs in his
+possession.
+
+It is, therefore, only after the lapse of fifty-one years and in my own
+eighty-fifth year,—a postponement too late for my peace, but not for my
+justification,—that I am, from official documents, and proofs deduced
+from official documents which were from the first and still are in the
+possession of the Government, enabled to remove the stigma before
+alluded to, and to lay before the public such an explanation of the
+fabricated chart, together with an Admiralty copy of the chart itself,
+as from that evidence shall place the whole matter beyond the
+possibility of dispute. It will in the present day be difficult to
+credit the existence of such practices and evil influences of party
+spirit in past times as could permit an Administration, even for the
+purpose of preserving the _prestige_ of a Government to claim as a
+glorious victory! a neglect of duty which, to use the mildest terms, was
+both a naval and a national dishonour.
+
+The point which more immediately concerns myself is, however, this:—that
+the verdict founded on this fabricated chart, together with the
+subsequent official enmity directed against me in consequence of my
+determination to oppose the vote of thanks to Lord Gambier, was
+persevered in year after year, till it reached its climax in the
+consequences of that subsequent trial which was made the pretext for
+driving me from the navy, in defiance of remonstrance at the Board of
+Admiralty itself. I have not long been aware of the latter fact. Admiral
+Collier has recently informed me that Sir W.J. Hope, then one of the
+Naval Lords of the Admiralty, told him that considering the sentence
+passed against me cruel and vindictive, he refused to sign his name to
+the decision of the Board by which my name was struck off the Navy List.
+
+ CHART A.
+ Tracing from the official French Chart of the isles of Ré and d’Olleron.
+ Tendered to the Court-Martial by Lord COCHRANE, and rejected.
+
+[Illustration:
+
+ _Soundings in feet at Low Water Springs_
+ London: Richard Bentley: 1860.
+]
+
+
+
+
+ CHAP. XXV.
+
+ A NAVAL STUDY—_continued_.
+
+FRENCH HYDROGRAPHIC CHARTS.—ONE TENDERED BY ME TO THE COURT.—REJECTED BY
+ THE PRESIDENT.—GROUNDS FOR ITS REJECTION.—THE OBJECT OF THE REJECTED
+ CHART.—WOULD HAVE PROVED TOO MUCH, IF ADMITTED.—REJECTION OF OTHER
+ CHARTS TENDERED BY ME.—MR. STOKES’S CHART.—ITS FALLACY AT FIRST
+ SIGHT.—JUDGE ADVOCATE’S REASONS FOR ADOPTING IT.—ITS ERRORS DETECTED
+ BY THE PRESIDENT, AND EXPOSED HERE.—PROBABLE EXCUSE FOR THE
+ ERROR.—IMAGINARY SHOAL ON THE CHART.—FALSIFICATION OF WIDTH OF
+ CHANNEL.—LORD GAMBIER’S VOUCHER FOR STOKES’S CHART.—STOKES’S VOUCHER
+ FOR ITS WORTHLESSNESS.—STOKES’S CHART IN A NATIONAL POINT OF
+ VIEW.—TAKEN ADVANTAGE OF BY THE FRENCH.
+
+
+The charts to which the reader’s attention is invited are those alluded
+to in the last chapter, as having, after the lapse of fifty-one years,
+been traced for me by Captain Washington, by the order of his Grace the
+Duke of Somerset. The subject being no longer of personal but of
+historical interest, there can be no impropriety in laying before the
+naval service, for its judgment, materials so considerately supplied by
+the present First Lord of the Admiralty.
+
+ CHART A
+
+is a correct tracing of Aix Roads from the _Neptune François_, a set of
+charts issued by the French Hydrographical Department—bound in a volume,
+and supplied for the use of the French navy previous to 1809[7]; copies
+from the same source being at that period supplied under the auspices of
+the Board of Admiralty for the use of British ships on the French
+coasts—these, in fact, forming the only guides available at that period.
+
+-----
+
+Footnote 7:
+
+ Sets of these charts, bound as described, were found on board the
+ grounded ships captured in the afternoon of the 12th of April, and
+ were therefore available for the purposes of the court-martial, had it
+ been deemed expedient to consult them.
+
+-----
+
+Chart A shows a clear entrance of two miles, without shoal or hindrance
+of any kind, between Ile d’Aix and the Boyart Sand; the soundings close
+to the latter marking thirty-five feet at low water, with from thirty to
+forty feet in mid-channel. The chart shows, moreover, a channel leading
+to a spacious anchorage between the Boyart and Palles Sands, marking
+clear soundings at low water of from twenty to thirty feet close to
+either sand, with thirty feet in mid-channel. In this anchorage
+line-of-battle-ships could not only have _floated_, without danger of
+grounding, but could have effectively operated against the enemy’s
+fleet, even in its entire state before the attack, wholly out of range
+of the batteries on Ile d’Aix, as will hereafter be corroborated by the
+logs and evidence of experienced officers present in the attack, and
+therefore practically acquainted with the soundings. To a naval eye, it
+will be apparent that, by gaining this anchorage, it would not at any
+time have been difficult for the British force to have interposed the
+enemy’s fleet between itself and the fortifications on Ile d’Aix in such
+a way as completely to neutralise the fire of the latter.
+
+Further inspection of the chart will indicate an inner anchorage, called
+_Le Grand Trousse_, to which any British vessel disabled by the enemy’s
+ships—two only of which, out of thirteen, remained afloat,—might have
+retired with safety to an anchorage capable of holding a fleet—the
+soundings in _Le Grand Trousse_ marking from thirty to forty feet at low
+water. Between these anchorages it will be seen on the chart that there
+is no shoal, nor any other danger whatever.[8]
+
+-----
+
+Footnote 8:
+
+ This anchorage was plainly marked on the French charts supplied to the
+ British ships, as deposed to by the officers present in the action.
+ (See the evidence of Captain Broughton, _Minutes_, p. 222, and that of
+ Captain Newcomb, p. 198). The correctness of the chart furnished by me
+ being thus clearly established in evidence.
+
+-----
+
+The rise of tide marked on the chart was from ten to twelve feet[9],
+consequently amply sufficient _on a rising tide_ for the two-deckers and
+frigates to have been sent to the attack of the enemy’s ships aground on
+the Palles Shoal, as testified by the evidence of Captains Malcolm and
+Broughton.[10] The flood-tide making about 7·0 A.M. gave assurance of
+abundant depth of water by 11·0 A.M., which is the time marked in the
+Commander-in-chief’s log[11] as that of _bringing the British ships to
+an anchor!_ in place of forwarding them to the attack of ships on shore!
+
+-----
+
+Footnote 9:
+
+ In reality, from eighteen to twenty feet, at spring tides, as appeared
+ from the testimony of various officers, Admiral Stopford amongst
+ others. Even Mr. Stokes marked on his chart a rise of twenty-one feet,
+ so that there was abundance of water for the operation of ships of the
+ largest class. The defence of the Commander-in-chief was, that there
+ was not sufficient water at half-flood to float the ships!
+
+Footnote 10:
+
+ See pp. 58 and 63.
+
+Footnote 11:
+
+ Erroneously, according to the logs of the other ships.
+
+-----
+
+This chart was tendered by me to the Court, in explanation of my
+evidence. It was, however, rejected, because I could not _produce the
+French hydrographer to prove its correctness!_ though copies of a
+similar chart, as has been said, were furnished to British ships for
+their guidance! Being thus repudiated, my chart was flung contemptuously
+under the table, and neither this nor any other _official_ chart was
+afterwards allowed to corroborate the facts subsequently testified by
+the various officers present in the action, they being imperatively
+ordered to base their observations on the chart of Mr. Stokes alluded to
+in the last chapter, as having been—eight years after the
+court-martial—pronounced by the Court of Admiralty so incorrect as to
+require material alteration before it could be put in evidence in a
+court of law! To this point we shall presently come.
+
+A singular circumstance connected with the rejected chart should rather
+have _secured its reception_, viz. that it was taken by my own hands out
+of the _Ville de Varsovie_ French line-of-battle ship shortly before she
+was set fire to, and therefore its authenticity, as having been
+officially supplied by the French government for the use of that ship,
+was beyond doubt or question. I also produced two similar charts, on
+which were marked the places of the enemy’s ships aground at daylight on
+the 12th of April, as observed from the _Impérieuse_, the only vessel
+then in proximity. The positions of the grounded vessels are marked on
+Chart B.
+
+The manner of the rejection by the Court—at the suggestion of the
+Judge-Advocate—of the chart tendered by me, is worthy of note.
+
+ PRESIDENT.—“I think your lordship said just now, that you thought
+ there was water enough for ships of any draught of water?”
+
+ LORD COCHRANE.—“Yes.”
+
+ PRESIDENT.—“Have you _an authenticated chart_, or any evidence that
+ can be produced to show that there is _actually_ such a depth of
+ water?”
+
+ LORD COCHRANE (_putting in the charts_).—“It was _actually_ from the
+ soundings we had going in, provided the tide does not fall more than
+ twelve feet, which I am not aware of. I studied the chart of Basque
+ Roads for some days before. The rise of the tide, as I understand from
+ that, is from ten to twelve feet. It is so mentioned in the French
+ chart. I have no other means of judging.”[12]
+
+ _Judge-Advocate._—“THIS CHART IS NOT EVIDENCE BEFORE THE COURT,
+ BECAUSE HIS LORDSHIP CANNOT PROVE ITS CORRECTNESS!!”
+
+ PRESIDENT.—“_No! It is nothing more than to show upon what grounds his
+ lordship forms his opinion on the rise and fall of the tide!!_”[13]
+
+-----
+
+Footnote 12:
+
+ This was fully corroborated by Captain Malcolm, when, having said that
+ “there were _no obstacles_ to prevent the frigates and some ships of
+ the line from going into Aix Roads, he was asked by the President, “if
+ he made known to the Commander-in-chief that by keeping close to the
+ Boyart Shoal the ships _might have gone in?_”
+
+ The reply was in every way remarkable.
+
+ CAPTAIN MALCOLM.—“I do not know that I mentioned this to the
+ Commander-in-chief. _The charts showed it._”—_Minutes_, p. 214. A
+ complete corroboration of the correctness of my charts tendered to but
+ rejected by the Court; though as these had been supplied under the
+ sanction of the Admiralty, it was out of the question to reject them
+ as the basis of evidence, inasmuch as there could be none other of a
+ reliable nature.
+
+Footnote 13:
+
+ The following extract from my evidence, and the singular remark from
+ Admiral Young, are extracted from the minutes of the court-martial.
+
+ “The Commander-in-chief had the same charts as I was in possession of,
+ and from these I formed my conclusion with respect to the anchorage.
+ In reconnoitring the enemy’s fleet, _so near as to induce him to open
+ a fire from almost his whole line_, I reported to the
+ Commander-in-chief the ruinous state of Ile d’Aix, _the inner
+ fortifications being completely blown up and destroyed_. There were
+ only 13 guns mounted.”
+
+ ADMIRAL YOUNG.—“Will you consider, my Lord Cochrane, before you go on,
+ HOW FAR THIS IS RELEVANT”!!!—_Minutes_, p. 58.
+
+ My assertion of the fact that the Commander-in-chief’s charts were
+ identical with my own, as having come from the Admiralty, was
+ considered _irrelevant_, because, had they been put in, or mine not
+ rejected, there could have been no doubt of the result of the
+ court-martial.
+
+-----
+
+It was not put in for any purpose of the kind—for I had expressly said
+that I had no opinion as to the rise and fall of the tide, except as
+marked on the French official charts. The object of my putting in those
+charts was to _show the truth of the whole matter before the Court_. The
+president, however, flung the chart under the table with as much
+eagerness as the Judge-Advocate had evinced when objecting to its
+reception in evidence.[14]
+
+-----
+
+Footnote 14:
+
+ It is a singular circumstance that notwithstanding the chart was flung
+ under the table and rejected by the Court, I found it _bound up
+ amongst the Admiralty records_!
+
+-----
+
+The object of the chart was in fact to prove, as indeed _was
+subsequently proved_ by the testimony of eminent officers, and _would_
+have been proved even by the ships’ logs had they been consulted, that
+there was plenty of channel room to keep clear of the batteries on Ile
+d’Aix, together with abundant depth of water[15]; and that the
+commander-in-chief, in ordering all the ships to _come to an anchor_, in
+place of sending a portion[16] of the British ships to the attack of the
+enemy’s vessels aground on the north-west part of the Palles Shoal, on
+the morning of the 12th of April, had displayed a “_mollesse_”—as it was
+happily termed by Admiral Gravière—unbecoming the Commander-in-chief of
+a British force, superior in numbers, and having nothing to fear from
+about a dozen guns on the fortifications of Aix; which, had the ships
+been sent in along the edge of the Boyart, could have inflicted no
+material damage, either by shot or shell.[17]
+
+-----
+
+Footnote 15:
+
+ The ships which were sent in though too late were untouched by shot or
+ shell. For the depth of water they found on going in, see page 71.
+
+Footnote 16:
+
+ My signals were, “_half the fleet_ can destroy the enemy.” Then, “the
+ _frigates alone_ can destroy the enemy.” Yet in his defence Lord
+ Gambier assumed that I had signalled for the fleet at a time when, as
+ he alleged, it could not have floated for want of water?
+
+Footnote 17:
+
+ See Captain Malcolm’s evidence, page 58. Also Captain Godfrey’s, of
+ the _Etna_, who “_thinks_ some of the enemy’s shot went over them”
+ (_Minutes_, p. 173), but admits that not a mast, yard, or even a
+ rope-yarn was touched.
+
+-----
+
+These were precisely the points which the ministry did not want proved,
+and which—as will presently be seen—the Court was no less anxious to
+avoid proving. Had the French chart been received in evidence, as it
+ought to have been—I do not say mine, but those on board the flagship
+itself, or indeed _any copy_ supplied by the Admiralty to the fleet—a
+vote of thanks to Lord Gambier would have been _impossible_, and with
+the impossibility would have vanished the Government _prestige_ of a
+great victory gained by their commander-in-chief, under their
+auspices.[18]
+
+-----
+
+Footnote 18:
+
+ “I was furnished by Lord Cochrane with a French chart, _and considered
+ it a good one_.”—_Evidence of Captain Newcomb_, p. 199.
+
+ I had for several years been in the possession of official French
+ charts, which, in my previous cruises, had not been found defective,
+ and from those charts I had at all times drawn my conclusions with
+ respect to the depth of water, or other circumstances which related to
+ the navigation on the enemy’s coast.”
+
+ PRESIDENT.—“The coast of the enemy, I suppose you mean?”
+
+ LORD COCHRANE.—“I refer to the French coast.”
+
+ ADMIRAL YOUNG.—“When did you discover that there was this anchorage in
+ deep water?”
+
+ LORD COCHRANE.—“I have said that in going in I found the soundings
+ correct, and that, in fact, I had such confidence in the chart, that I
+ had said to Admiral Keates, when we were off there, and to Admiral
+ Thornborough, that there _could be no difficulty in going in there and
+ destroying the enemy’s fleet_. I took the chart on board Admiral
+ Thornborough’s ship.”—See my Letter to Admiral Thornborough, vol. i.
+ p. 195.—_Lord Cochrane’s Evidence_, p. 57.
+
+-----
+
+The French official chart being thus adroitly got rid of by the
+Judge-Advocate, the other charts tendered by me to mark the positions of
+the enemy’s ships aground shared the like fate, though not open to the
+same objection. The exactness of the positions was moreover confirmed by
+the evidence of Mr. Stokes, the master of the _Caledonia_, Lord
+Gambier’s flagship; though his chart, substituted for those in use
+amongst the British ships, was in direct contradiction to his oral
+evidence.
+
+The positions, of the ships aground as marked on my charts, were as
+follows.
+
+The _Ocean_, three-decker, bearing the flag of Admiral Allemand, and
+forming a group with three other line-of-battle ships close to her, lay
+aground on the north-west edge of the Palles Shoal, nearest the deep
+water, where even a gun-boat, had it been sent whilst they lay on their
+bilge, could have so perforated their bottoms, that they could not have
+floated with the rising tide. All were immoveably aground, and were
+therefore incapable of opposition to an attacking force[19]; whilst each
+of the group of three lay so much inclined towards each other as to
+present the appearance of having their yards locked together.[20] They
+had, in fact, drifted with the same current, into the same spot, and
+being nearly of the same draught of water, had grounded close to each
+other. The one separate was a vessel of less draught than these, and had
+gone a little further on the shoal.
+
+-----
+
+Footnote 19:
+
+ “Till _about noon_, the _Ocean_, three-decker, was _heeling
+ considerably, and appeared to me to be heaving her guns
+ overboard_.”—_Captain Malcolm_ (_Minutes_, p. 209). She escaped about
+ two o’clock P.M., just before I advanced in the _Impérieuse_, lest all
+ should escape.
+
+-----
+
+The correctness of these positions, as marked on my chart, was
+completely confirmed by Mr. Stokes, master of the flag-ship, in his oral
+evidence as subjoined.
+
+ QUESTION.—“State the situation of the enemy’s fleet on the morning of
+ the 12th of April.”
+
+ MR. STOKES.—“At daylight I observed _the whole of the enemy’s ships,
+ except two of the line, on shore_. Four of them _lay in group_, or lay
+ together on the western part of the Palles Shoal. The three-decker
+ (_L’Océan_, flagship) was _on the north-west edge_ of the Palles
+ Shoal, with her broadside flanking the passage; _the north-west point
+ nearest the deep water_.”[20]—(_Minutes_, page 147.)
+
+-----
+
+Footnote 20:
+
+ “I _think_ their yards were not locked.”—_Evidence of Mr. Fairfax_,
+ _Minutes_, p. 144. It was, however, _so nearly_, that Mr. Fairfax, a
+ witness carefully in Lord Gambier’s interest, could only _think_ about
+ it. He reluctantly admitted that all lay “_within a ship’s length of
+ each other_,” and ships lying aground on their bilge inclined towards
+ each other at an angle of thirty degrees are—if not locked
+ together—completely incapable of resistance.
+
+-----
+
+This was the truth as to the positions of the grounded ships which
+escaped; these being referred to in Mr. Stokes’s evidence precisely as
+marked on my rejected chart. That is, his evidence showed, in
+corroboration of my chart, the _utter helplessness of an enemy which a
+British admiral refrained from attacking, though aground_!
+
+The French charts produced by me being thus rejected, those in the
+possession of the Commander-in-chief not produced, and those connected
+with the fleet not being called for, the court decided to rely upon two
+charts professedly constructed for the occasion by the master of the
+_Caledonia_, Mr. Stokes, and the master of the fleet, Mr. Fairfax,
+_neither of whom was present in the attack_.[21]
+
+-----
+
+Footnote 21:
+
+ It is a remarkable fact that many of the witnesses chiefly relied on
+ by the Commander-in-chief, in confirmation of his having done his
+ duty, _had not been in Aix Roads at all_, and could therefore have no
+ knowledge of anything, except their remaining inactive with the fleet
+ whilst the enemy’s ships were warping off. Mr. Stokes was of this
+ number; yet all were questioned on points known only to officers
+ intimately acquainted with Aix Roads, and present at the action. But
+ for the court to adopt _exclusively_, as will presently be seen, a
+ chart constructed by a man who admitted that an important portion had
+ been laid down _from hearsay_, was monstrous; the more so, as the
+ official charts, would have shown the truth.
+
+-----
+
+ * * * * * * *
+
+ CHART C
+
+was tendered to the Court by Mr. Stokes, the master of Lord Gambier’s
+flag-ship _Caledonia_.
+
+ CHART C.
+ Constructed by M^r Stokes for the purposes of the Court Martial, and
+ exclusively adopted, though it narrows the channel to Aix Roads to _one
+ mile_ only, the official French Charts marking _two miles_.
+
+[Illustration:
+
+ SKETCH OF D’AIX ANCHORAGE.
+ London: Richard Bentley, 1860.
+]
+
+This chart professed to show, and was sworn to by Mr. Stokes as showing,
+the positions of the enemy’s ships aground _on the morning of the 12th
+of April_, before the _Ocean_ three-decker, together with a group of
+three outermost ships near her, had been permitted by the delay of the
+Commander-in-chief to warp off and escape. Instead, however, of placing
+these on his chart as they lay helplessly aground “nearest the deep
+water” as _he had sworn in his evidence_, they were placed in on the
+other side of the sand, in the positions occupied _after their escape!_
+and _to this Mr. Stokes swore as their_ position _when first driven
+ashore_! The _Ocean_ three-decker, and group in particular, which,
+according to Mr. Stokes’s oral evidence, must, as already stated, have
+been an easy prey to a gunboat had such been sent on the first quarter
+instead of the last quarter flood, was thus placed on his chart where no
+vessel could have approached them![22]
+
+-----
+
+Footnote 22:
+
+ Mr. Stokes, moreover swore, in his evidence, that the _Ocean_
+ three-decker lay _on the north-west edge of the Palles Shoal_, and
+ that the group lay on the _western_ part of the same shoal, though the
+ latter observation was incorrect, as the group lay around the Ocean,
+ which formed a part of it. On his chart these vessels are placed to
+ the SOUTH-EAST of the shoal, and _the remainder_ nearly DUE EAST!!
+ That is, in place of being “_nearest the deep water_,” where they were
+ easily attackable, they were placed on the chart “_farthest from the
+ deep water_,” where they were not attackable. He swore too that they
+ lay with their broadsides “_flanking the passage_” to Aix Roads. On
+ his chart, not one of them “flanks the passage,” but all are made to
+ _flank the opposite direction_; so that they could not have fired on
+ any British ship which might have been sent in.
+
+-----
+
+This falsehood on Mr. Stokes’s chart, in opposition to his oral evidence
+just given, as well as to the evidence of other officers, formed one of
+the principal grounds of Lord Gambier’s acquittal; and it was for this
+end that the official French charts presented by me for the information
+of the court were rejected by the judge-advocate.
+
+On the presentation of Mr. Stokes’s chart to the court, the subjoined
+colloquy took place as to the methods adopted in its construction.
+
+ MR. BICKNELL.—“Produce a chart or drawing of the anchorage at Isle
+ d’Aix, with the relative positions of the British and French fleets,
+ and other particulars, on and previous to the 12th of April last.”
+
+ _The Witness produced it._
+
+ MR. BICKNELL.—“Did you prepare this drawing, and from what documents,
+ authorities, and observations; and are the several matters delineated
+ therein accurately delineated, to the best of your knowledge and
+ belief?”
+
+ MR. STOKES.—“I prepared that _drawing_ (Chart C), partly from the
+ knowledge I gained in sounding to the southward of the Palles Shoal,
+ and the anchorage of the Isle of Aix.[23] _The outlines of the chart
+ are taken from the Neptune François_, and the position of the enemy’s
+ fleet from Mr. Edward Fairfax, and from the French captain of the
+ _Ville de Varsovie_, and the British fleet from my own observation.”
+ The distance between the sands was copied from a French MS. which will
+ be produced, and that _I take it_ is correct.
+
+ MR. BICKNELL.—“Are the matters and things therein accurately
+ described?”
+
+ MR. STOKES.—“They are.”
+
+ PRESIDENT (_inspecting Mr. Stokes’s chart_).—“There was a large chart
+ you lent me?”
+
+ MR. STOKES.—“That is the chart I allude to. This chart I produce as
+ containing the _various positions_.”
+
+ JUDGE-ADVOCATE (_to the President_).—“THIS CHART IS PRODUCED TO SAVE A
+ GREAT DEAL OF TROUBLE!!” (_Minutes_, pp. 23, 24.)
+
+-----
+
+Footnote 23:
+
+ In his subsequent evidence Mr. Stokes admitted that he had _never
+ sounded there at all_ previous to the action!
+
+ QUESTION.—“Had you any knowledge of that anchorage previous to the
+ 12th of April?”
+
+ MR. STOKES.—“NONE WHATEVER!”—_Minutes_, p. 148.
+
+ He swears that everything on his chart is _accurately described_—then,
+ that “the distance between the sands,” which was one of the most
+ important points of the court-martial, _was copied from a French MS.!_
+ the name of whose author he does not think proper to communicate, nor
+ does the court ask him! nor was any MSS. produced in Court. Yet, as
+ master of the Admiral’s flagship, Mr. Stokes must have navigated her
+ by the French charts supplied by the Admiralty, though these when
+ tendered by me to the Court had been rejected. The fleet could, in
+ fact, have had no other for its guidance, as no British survey of Aix
+ Roads was in existence. Such charts were surely a better guide in any
+ case than an anonymous MSS.
+
+-----
+
+No doubt—the trouble of confirming the Commander-in-chief’s neglect of
+duty in not following up a manifest advantage, as would have been shown
+had the court allowed the _Neptune François itself_ to have been put, in
+evidence; for it would have shown a clear passage of _two miles_ wide,
+extending beyond reach of shot, instead of the _one mile_ passage in Mr.
+Stokes’s “_accurate outlines_” of the French chart, and no shoal where
+he had marked only twelve feet of water![24] That the president should
+have allowed this to pass, after having himself detected the imposition
+practised on the court, is a point upon which I will not comment.
+
+-----
+
+Footnote 24:
+
+ Compare charts A and C.
+
+-----
+
+Mr. Stokes further admitted his chart to be valueless, as regarded the
+position of the enemy’s fleet ashore, for he said that position was
+taken “_from Mr. Edward Fairfax and the captain of the Ville de
+Varsovie_”, and the British fleet _from “his own observations._” That
+is, he confessed to know nothing but from hearsay as to the position of
+_the enemy’s fleet_, the important object before the court; but only of
+the position _of the British fleet_, lying at anchor nine miles from the
+enemy’s fleet ashore, a matter with which the court had nothing to do;
+he being all the time on board the flagship, at that distance. Yet the
+court insisted on this chart being _exclusively_ referred to throughout
+the court-martial![25] It is strange that such a chart should have been
+used at all, when the charts of the fleet were available, but more
+strange that, when the court saw the two miles passage in the French
+chart was reduced to little more than _one mile_ in Mr. Stokes’s chart,
+he was not even asked the reason why he had not conformed to the scale
+of the French chart, _to the correctness of the outlines of which he had
+sworn_!
+
+-----
+
+Footnote 25:
+
+ The President thus dictated to Captain Beresford:—“Captain Beresford
+ _must_ say whether the ships are marked on _that_ chart (Mr. Stokes’s)
+ as they appeared to him.” Captain Beresford took no notice of the
+ order.
+
+ Captain Bligh was less independent when asked to vouch for the
+ accuracy of Mr. Stokes’s chart. He “_thinks_ the enemy’s ships, on the
+ morning of the 12th, were as there represented, though Mr. Stokes, in
+ contradiction to his own chart, had sworn _that they were not so
+ marked, but only those that were destroyed_!”
+
+ When asked if the ships aground could have annoyed the British ships
+ had they been sent in? Captain Bligh replied, “I _think_ they were
+ capable of annoying the British ships.”—_Minutes_, p. 154. He,
+ however, immediately afterwards stated that the ships “were not within
+ reach of the guns of the British squadron.”
+
+ Captain Kerr “_thinks_ the situation of the enemy’s fleet on the
+ morning of the 12th was marked on Mr. Stokes’s chart _as nearly as it
+ can be_. There were seven sail-of-the-line ashore, and two
+ afloat.”—_Minutes_, p. 166. What had the numbers ashore or afloat to
+ do with their exact position? A palpable evasion of the question was
+ permitted by the court.
+
+-----
+
+But the most glaring contradiction of Mr. Stokes’s chart is this: he
+swore to his chart as truly depicting the positions of the _Ocean_ and
+other grounded ships, as they lay _on the morning of the 12th of April,
+which was the point before the Court_; but being further questioned,
+reluctantly admitted that he had marked the _Ocean as she lay on the
+13th of April_, viz. _on the following day when an attack was made on
+her by the bomb vessel!_ though he had just sworn to the positions of
+the ships on the chart as being those _on the morning of the 12th_,
+immediately after having run ashore to escape destruction.
+
+The fact was, as will be seen on inspection of the chart, that _not one_
+of the ships under the cognizance of the court is marked on Stokes’s
+chart as they lay on the morning of the 12th, which position, and not
+that on the 13th, was the subject of inquiry. Though as already said
+this misrepresentation was detected by the President, the court
+nevertheless persisted in the exclusive use of Mr. Stokes’s chart
+throughout the trial, in accordance with the suggestion of the
+Judge-Advocate, that it was produced to “_save a great deal of
+trouble_.”
+
+The President thus commented on the manifest contradiction.
+
+ PRESIDENT.—“I observe in the chart I had from you the situation of the
+ _Ocean_ particularly is _not marked on the 12th. She is marked on the
+ 13th as advanced up the Charente!_”
+
+ MR. STOKES.—“The _only ships_ marked on the chart _on the 12th are
+ those that were destroyed_. The reason I marked her on the 13th is,
+ that a particular attack was made on her by the bombs. _I observed her
+ from the mizentop of the Caledonia_[26], and I _also had an
+ observation from an officer_, so that I have no doubt her position is
+ put down within a cable’s length.” (_Minutes_ p. 147.)
+
+-----
+
+Footnote 26:
+
+ Nine miles off. This answer shows most forcibly the nature of the data
+ on which Mr. Stokes’s chart was constructed.
+
+-----
+
+There is something in this evidence almost too repugnant for
+observation. Mr. Stokes first swore that his chart accurately described
+the positions of the enemy’s ships ashore on the _morning of the 12th_.
+He then admitted that the most material ship of the enemy’s fleet was
+marked as she lay _on the 13th_!! On this mis-statement being detected
+by the president, he then swore that the only ships marked on the 12th
+were _those which were destroyed_, viz. _on the evening and night of the
+12th!_—a matter foreign to the subject of inquiry; which was _how the
+ships lay on the morning of the 12th, and whether Lord Gambier was to
+blame for refraining from attacking them at that particular time_? So
+that the positions of the enemy’s ships aground on the morning of the
+12th, according to Mr. Stokes’s own admission, _were not marked on his
+chart at all!_ though he had sworn to this very chart _as giving those
+positions accurately to the best of his knowledge and belief_; and with
+the full knowledge that their position on the _morning_ of the 12th,
+when they were helplessly aground, was the point before the court,—not
+their position _in the evening_, and on the following day after their
+escape to a spot where the British ships could not have pursued them.
+
+The fact is, Mr. Stokes swore to their positions _after their being
+warped off in consequence of the British fleet being prematurely brought
+to an anchor_—as being their positions _previous to their escape!_ which
+was the matter of inquiry before the court, viz. as to whether the
+Commander-in-chief had not committed a neglect of duty in permitting
+them to escape _by the rising tide_, when and before when the British
+force _could have operated with every advantage in its favour_. The
+court had nothing whatever to inquire about with regard to the ships
+which were _destroyed_, respecting which there could be no question; the
+subject of inquiry being whether the escape of the _other_ ships run
+ashore from terror of the explosion vessels on the night of the 11th,
+and _still ashore_ on the morning of the 12th, ought to have been
+prevented.
+
+Not so much as one of the ships marked on Mr. Stokes’s chart formed part
+of the “group” to which he had sworn, in his oral evidence, as lying on
+the “western and northernmost edge of the Palles Shoal, _nearest the
+deep water_, all of which escaped towards the Charente, where he truly
+enough placed the _Ocean_ three-decker, but as she lay on the 13th
+instead of the 12th, he having sworn to the truth of his chart as
+showing her position on the morning of the 12th! It was a desperate
+venture, and can only be accounted for by the supposition that, in
+reality, Mr. Stokes had never seen the chart to which he was swearing.
+It was no wonder, as proved in the first chapter, that Mr. Stokes
+applied to the Admiralty for permission to _alter his chart_ before
+producing it in a court of law, where it must have fallen under my
+inspection!
+
+I will indeed so far exonerate Mr. Stokes from a portion of blame, by
+declaring my belief that he never had looked at the chart to which he
+had sworn. There is little question in my mind but that this chart had
+been fabricated under the auspices of Mr. Lavie, Lord Gambier’s
+solicitor, the only hope of success consisting in affirming a false
+position for the grounded ships; the chart being then given to Stokes
+for paternity. Had it been otherwise, Stokes could not possibly have
+sworn to a chart in diametrical opposition to his oral evidence, which
+truly stated that on the morning of the 12th, the _Ocean_ and group lay
+on “_the north-west edge of the Palles shoal, nearest the deep water_,”
+where they were easily attackable. On his chart they were placed on the
+_opposite side of the shoal!_ where no ship could have got near them.
+
+Lord Gambier no doubt saw the mistake committed by the evidence of his
+Master, and adroitly relieved him from the dilemma, by putting a
+question of a totally different nature. With this course the court
+complacently complied, notwithstanding that the president had detected a
+discrepancy so glaring.
+
+Another material point on Mr. Stokes’s chart was his marking _a shoal_
+between the Boyart and the Palles Sands, where Capt. Broughton and
+others present in the action, who _actually sounded there_, testify in
+corroboration of the French chart to there being _no shoal
+whatever_.[27] Yet Mr. Stokes marks only from twelve to sixteen feet, in
+the deepest part. That this statement was a misrepresentation on the
+part of Mr. Stokes, is proved by Lord Gambier himself, who, in his
+defence, says that “Mr. Stokes found on this bar or bank from _fourteen
+to nineteen feet”_ (_Minutes_, p. 134). When closely questioned on the
+point, Mr. Stokes deposed to these soundings as “_having been reported
+to him to have been found_”! (_Minutes_, p. 150.) The _Neptune François_
+gives from twenty to thirty feet at low water, which was no doubt
+correct.
+
+-----
+
+Footnote 27:
+
+ See p. 68.
+
+-----
+
+But even had there been only nineteen feet of water Mr. Stokes again
+forgot his chart when he gave _oral_ evidence that “the rise of tide in
+Aix Roads is _twenty-one_ feet, which is more than we ever found in
+Basque Roads” (_Minutes_, p. 150). I had put the rise of tide at _twelve
+feet_ only, so that by the oral evidence of Mr. Stokes there was
+abundance of water for the British force to have operated with full
+effect.
+
+A still further falsification of the chart was, that it reduced the
+channel by which the British fleet must have passed to the attack to
+little more than _a mile_ in width, in defiance of the fact that on all
+the official French charts the minimum distance between the Boyart Sand
+and the fortifications on Ile d’Aix was nearly _two miles_, and that
+Admiral Stopford, the second admiral in command, confirmed the
+correctness of the French charts so far as to admit a width of _a mile
+and a half_. The object of Mr. Stokes’s statement was to prove the
+danger to which, in a channel _only a mile wide_, the British ships
+would have been exposed from the batteries on Ile d’Aix had they been
+sent to the attack. To this end was the chart no doubt produced, and as
+narrowing the channel to a mile only—to meet the occasion—gave a colour
+to this view, his chart was accepted by the court, whilst the French
+charts which _marked two miles_, were rejected.
+
+A yet more flagrant contradiction is—that within pistol shot of the
+_western_ and _north-western_ edge of the Palles Shoal, where Mr. Stokes
+first truly swore “the _Ocean_ three-decker and a group of four lay
+_aground_ on the morning of the 12th,” he has placed _the attacking
+British ships_, where their logs show that they never touched the
+ground, notwithstanding that they took up their positions on a _falling
+tide_. If they could float in safety much more could other ships have
+done so at 11 A.M on _a rising tide?_ How such a manifest discrepancy
+could have passed without comment from any member of the court-martial,
+is a point which is not in my power to explain.
+
+Such are some of the leading features of this famous chart, upon which
+the acquittal of Lord Gambier was made to rest, though the chart was
+admittedly constructed—not from personal observation, otherwise than
+from the mizentop of the _Caledonia_, nine miles off—but from unofficial
+sources—from an anonymous manuscript, and _even from hearsay_!
+
+Yet Lord Gambier did not scruple to introduce this chart for the
+guidance of the court, in the following terms:
+
+ “I have to call the attention of the Court to the plan drawn by Lord
+ Cochrane of the position of the enemy’s ships as they _lay aground on
+ the morning of the 12th of April_, and to that position marked upon
+ the chart verified by Mr. Stokes; the former laid down from uncertain
+ data, the latter _from angles measured and other observations made on
+ the spot_[28]; the difference between the two is too apparent to
+ escape the notice of the Court, and the respective merits of these
+ charts will not, I think, admit of a comparison.” (_Minutes_, p. 133.)
+
+-----
+
+Footnote 28:
+
+ See note, p. 26.
+
+-----
+
+This statement was made by Lord Gambier in face of the admission
+previously made by Mr. Stokes, that his observations were taken from the
+mizentop of the _Caledonia_, three leagues off—that he had never sounded
+in Aix Roads—that the soundings were only reported to him, the name of
+the reporter being omitted—and that he had only marked upon his chart,
+“_the ships that were destroyed_” on the evening and during the night of
+the 12th, the destruction, in fact, not being complete till the morning
+of the 13th.
+
+This contradiction is so important to a right comprehension of what
+follows, that I will, at the risk of prolixity, bring into one focus Mr.
+Stokes’s admissions as to his _data_ for the construction of his chart.
+
+ “I prepared that drawing partly from the knowledge I gained _in
+ sounding_ to the southward of the Palles Shoal. The outlines of the
+ chart are taken from the _Neptune François_ (narrowed from two miles
+ to one!). The positions of the enemy’s fleet are from Mr. Fairfax and
+ the captain of the _Ville de Varsovie_. For the distance between the
+ sands I must refer the court to a chart _which I copied from a French
+ manuscript_!” (_Minutes_, pp. 23, 24.)
+
+For this confused jumble from unauthoritative sources, the French charts
+were rejected as not being trustworthy, and Lord Gambier did not
+hesitate to endorse Mr. Stokes’s fabrication as being “from angles
+measured and other observations taken on the spot;” whilst by this act
+he decried the use of the French charts by which his own fleet had been
+guided!
+
+Comment, whether on Lord Gambier’s statement or on Mr. Stokes’s
+involuntary contradiction thereof in his oral evidence, is superfluous.
+If such were wanted, it must be sought for in the fact already adduced
+in the first chapter, viz. that, in 1817 and 1818, Mr. Stokes, when
+conscious that his fabrication must become public, and that it might
+fall into my hands, thought it prudent to make affidavit before the
+Court of Admiralty that this chart, produced at the court-martial nine
+years before, _was incorrect_, and _therefore required alteration!!_ for
+which purpose the Admiralty gave him back his chart, though this, as
+already observed, remains to this day bound up amongst the Admiralty
+records. The affidavits of Mr. Stokes will be in the remembrance of the
+reader.
+
+In a national point of view, Mr. Stokes’s chart has another and even
+more important feature. A comparison between the French chart and that
+produced by Mr. Stokes will show that the latter narrowed the entrance
+to Aix Roads—which on the French charts is two miles wide—to one mile,
+and that it filled a space with shoals where scarcely a shoal existed.
+Of the imaginativeness of Mr. Stokes in this respect, the French
+Government appears to have taken a very justifiable naval advantage,
+calculated to deter any British admiral in future from undertaking in
+Aix Roads offensive operations of any kind.
+
+A chart of the Aix Roads based on a modern French chart has recently
+been shown me, as on the point of being issued by the Board of
+Admiralty, on which chart the main channel between Ile d’Aix and the
+Boyart sand is laid down according to charts copied from fabricated
+charts produced on Lord Gambier’s court-martial, and not according to
+the hydrographic charts of the _Neptune François_. The comparatively
+clear anchorage shown in the new chart is also filled with Mr. Stokes’s
+imaginary shoals! the result being that no British admiral, if guided by
+the new chart, would trust his ships in Aix Roads _at all_, though both
+under Admiral Knowles and at the attack in 1809 British ships found no
+difficulty whatever from want of water, or other causes, when once
+ordered in.
+
+ CHART D.
+ Constructed by M^r Fairfax and produced for the guidance of the Court
+ Martial. Like Stokes’s Chart, it narrows the channel to Aix Roads from
+ _two miles_ to _one mile_ though also like him professing to be an exact
+ outline of the French Official Chart.]
+
+[Illustration: London Richard Bentley, 1860]
+
+The solution of the matter is not difficult. For the purpose of
+deterring a future British fleet from entering Aix Roads, the modern
+French Government appears to have followed the chart of Mr. Stokes in
+place of their former official chart; and the British Admiralty, having
+no opportunity of surveying the anchorage in question, has copied this
+modern French chart; so that in future the fabrications of Mr. Stokes or
+rather I should say, the ingenuity of Lord Gambier’s solicitor, or
+whoever may have palmed the chart on Mr. Stokes, will form the best
+possible security to one of the most exposed anchorages on the Atlantic
+coast of France. Assuredly no British Admiral, with the new chart in his
+hands,—should such be issued—would for a moment think of operating in
+such an anchorage as is there laid down, notwithstanding that former
+British fleets have operated in perfect safety so far as soundings were
+concerned.
+
+ CHART D
+
+was constructed by Mr. Fairfax, the Master of the Fleet, and was used by
+the Court as confirmatory of Mr. Stokes’s chart, agreeing with it, in
+fact, on nearly every point; a circumstance not at all extraordinary, as
+in his examination Mr. Stokes first says that “his _marks_ arose from
+the knowledge he gained in sounding in the anchorage of Aix” (_Minutes_,
+p. 23), whilst Mr. Fairfax swore that he “GAVE MR. STOKES THE
+MARKS.”!![29] A fact subsequently proved by Mr. Stokes, who admitted
+that he had “_never sounded there at all._” The credibility of either
+witness may be left to the reader’s judgment.
+
+-----
+
+Footnote 29:
+
+ I GAVE MR. STOKES THE MARKS!!! and I have all the different angles _in
+ my pocket_, with the different soundings! (_Mr. Fairfax’s Evidence,
+ Minutes_, p. 140.) This evidence is truly wonderful. Yet the Court
+ made no comment! and I was excluded from listening to the evidence!
+
+-----
+
+In one respect, the chart of Mr. Fairfax might have been considered by
+those interested to be an improvement on that of Mr. Stokes. The latter
+gentleman had narrowed the _two mile_ channel of the French charts to a
+_little more than a mile_, but the chart of Mr. Fairfax reduces it to _a
+mile_ only!
+
+Mr. Fairfax’s chart was introduced to the Court with the same flourish
+as had been that of Mr. Stokes.
+
+ MR. FAIRFAX.—“This chart shows the state of the enemy’s ships at
+ daylight on the 12th of April. _This chart is correct_, except that
+ the head of the _Calcutta_ is placed by the engraver _too far to the
+ southward_. It should have been about N.W. by compass, and the head of
+ the three decker _Ocean_ is to the eastward, but _not sufficiently far
+ to the northward by compass_.”
+
+Not much correctness here, but abundance of misrepresentation. Mr.
+Fairfax is very particular about the positions of the _heads_ of the
+grounded ships, but, like Mr. Stokes, not at all particular to a league
+or two as to where they lay aground. For instance, he is very sensitive
+about the position of the _Ocean’s_ head, yet the _Ocean_ herself is
+_not to be found on his chart_!! though the names of other enemy’s ships
+aground, not far from where she had lain before her escape, are given,
+to mark the care with which the chart had been constructed!
+
+I will not in this place make any further observations upon Mr.
+Fairfax’s chart, this being identical with that of Mr. Stokes. The
+exposure of the one in the next chapter will serve for the confutation
+of the other. The reader will, from what has been stated, be able to
+form a pretty correct idea as to why—in, and subsequently to
+1809—inspection of these charts was refused to me. At that period it was
+in vain that I published explanations, which, without access to the
+charts, were incomprehensible to the public; my unsupported
+declarations, as has been said, falling to the ground unheeded, even if
+they were not the cause of attributing to me malicious motives towards
+the commander-in-chief, after his acquittal by sentence of a
+court-martial. But for the consideration of his Grace the Duke of
+Somerset a stigma must have followed me to the grave. It is now
+otherwise, and I am content to leave the matter to the judgment of
+posterity. I must, however, remark, that neither the charts of Mr.
+Stokes or Mr. Fairfax were shown to me on the court-martial, though
+shown to nearly every other witness, one—Capt. Beresford—being told that
+he “_must_” base his observations on those charts. Had they been shown
+to me, I should in an instant have detected their fallacy.
+
+
+
+
+ CHAP. XXVI.
+
+ A NAVAL STUDY—(continued).
+
+THE EVIDENCE OF OFFICERS PRESENT IN BASQUE ROADS.—ADMIRAL AUSTEN’S
+ OPINIONS CONFIRMATORY OF MY STATEMENTS—FALLACY OF ALLEGED REWARDS TO
+ MYSELF, IN PLACE OF THESE PERSECUTIONS.—TREATMENT OF MY ELDEST SON
+ LORD COCHRANE.—LETTER FROM CAPT. HUTCHINSON COMFIRMATORY OF THE
+ ENEMY’S PANIC.—A MIDSHIPMAN NEAR TAKING THE FLAG-SHIP.—EVIDENCE OF
+ CAPT. SEYMOUR, CONCLUSIVE AS TO NEGLECT, WHICH WAS THE MATTER TO BE
+ INQUIRED INTO, IN NOT SENDING SHIPS TO ATTACK.—ATTEMPT TO WEATHER
+ HIS EVIDENCE.—CAPT. MALCOLM’S EVIDENCE CONFIRMATORY OF CAPT.
+ SEYMOUR’S.—CAPT. BROUGHTON’S TESTIMONY PROVES THE COMPLETE PANIC OF
+ THE ENEMY, AND THE WORTHLESSNESS OF THEIR FORTIFICATIONS.—LORD
+ GAMBIER DECLARES THEM EFFICIENT ON SUPPOSITION ARISING FROM
+ HEARSAY.—ENEMY UNABLE TO FIGHT THEIR GUNS.—THE IMAGINARY SHOAL.—A
+ GREAT POINT MADE OF IT.—MR. FAIRFAX’S MAP—LORD GAMBIER ON THE
+ EXPLOSION VESSELS.—CONTRADICTED BY MR. FAIRFAX.—CONTRAST OF THEIR
+ RESPECTIVE STATEMENTS.—FAIRFAX’S EVASIONS.—HIS LETTER TO THE “NAVAL
+ CHRONICLE.”—THESE MATTERS A WARNING TO THE SERVICE.
+
+
+The matters related in the preceding chapter will appear yet more
+extraordinary when contrasted with, and confirmed by, the evidence of
+eminent officers present in the action of Aix Roads; that is, of such
+officers commanding ships as were permitted to give their testimony, for
+those who were suspected of not approving the Commander-in-chief’s
+conduct, _were not summoned to give evidence before the court-martial_!
+In one instance—that of Captain Maitland, of the _Bellerophon_, whose
+opinions on the subject had been freely expressed—this gallant officer
+was ordered to join the squadron in Ireland, so as to render his
+testimony unavailable.
+
+To a gallant officer still living, Admiral Sir Francis William Austen,
+K.C.B., who was present in Basque Roads, but, like other eminent
+officers, _not examined on the court-martial_, I am indebted for a
+recently-expressed opinion as to the causes why the majority of the
+enemy’s ships were suffered to escape beyond reach of attack, as well as
+of the persecution which I afterwards underwent, in consequence of my
+conscientious opposition to a vote of thanks to the Commander-in-chief.
+
+The following is an extract from the gallant Admiral’s letter:—
+
+ “I have lately been reading your book, the ‘Autobiography of a
+ Seaman,’ and cannot resist the desire I feel of stating how much
+ pleasure I derived from its perusal, especially of that part which has
+ reference to the movements of the fleet in the Mediterranean from 1798
+ to 1800. Having been serving for the greater part of those years on
+ that station, your narrative excited in my mind a vivid recollection
+ of former times—as it were living that part of my life over again.
+
+ “With reference to the latter part of the volume which details the
+ proceedings in the attack on the enemy’s squadron in the Charente, I
+ wish to say as little as possible which may inculpate the conduct of
+ the Commander-in-chief, to whom, as you probably know, I owe a debt of
+ gratitude for his kindness to me.
+
+ “But at the same time I cannot but admit that he appears to me to have
+ acted injudiciously. It would have been far better had he moved the
+ squadron to a position just out of reach of the batteries on Isle
+ d’Aix, when he would have been able to see the position of the enemy’s
+ ships, and thus have decided for himself whether they could have been
+ attacked without needless risk, and not have been compelled to form
+ his determination entirely on the report of others.[30]
+
+Footnote 30:
+
+ Who were more interested in the failure of the action than its
+ success, from the fact shown in the first volume of the ill-feeling
+ manifested towards me in consequence of my being a junior officer
+ temporarily appointed, though against my own will, and after all
+ others had declined the enterprise.
+
+ “Had he done so, it seems probable that he would have seen things in a
+ different point of view, and decided to send in a force sufficient to
+ have captured or destroyed the whole.
+
+ “I must, in conscience, declare that I do not think you were properly
+ supported, and that had you been so the result would have been very
+ different. _Much of what occurred I attribute to Lord Gambier’s being
+ influenced by persons about him who would have been ready to sacrifice
+ the honour of their country to the gratification of personal dislike
+ to yourself, and the annoyance they felt at a junior officer being
+ employed in the service._[31]
+
+ “I will only add that I consider your services in the _Speedy_,
+ _Pallas_, and _Impérieuse_ will entitle you to the warmest thanks of
+ your country, as well as to the highest honours which have been
+ awarded for similar services. Instead of which, you have in numerous
+ instances been persecuted in the most cruel and unrelenting manner.
+
+ “I desire to subscribe myself, with much respect and esteem,
+
+ “My dear Lord Dundonald,
+ “Yours very faithfully,
+ “FRANCIS W. AUSTEN.
+
+ “Admiral the Earl of Dundonald.”
+
+-----
+
+Footnote 31:
+
+ Though I had suggested the plan, after all other suggestions had
+ failed to satisfy the Board of Admiralty.
+
+-----
+
+If anything could alleviate the remembrance of the bitter persecutions
+originating with this one-sided court-martial, it is an unsolicited
+expression of opinion like that of the gallant Admiral Austen, whose
+name, for evident reasons, was _not_ included in the list of those
+summoned to give testimony on that remarkable occasion. That other
+gallant officers still living entertain similar sentiments, I make no
+doubt, for the simple reasons that, as honourable men, it is impossible
+for them to entertain other opinions. What would have been the result of
+the court-martial had such testimony as that of Admiral Austen been
+permitted, may safely be left to public decision.
+
+The gallant Admiral and the naval public at large will perhaps be
+surprised to learn that my persecutions have not ceased at this day.
+Despite my restoration to rank and honours, my banner has never been
+restored to its place in Henry the Seventh’s Chapel, the unjust fine
+inflicted on me in 1814 has never been remitted, nor other rights
+withheld during my forced expulsion from the Navy conceded; the excuse
+being want of precedent, though with that of the gallant Sir Robert
+Wilson fresh in the archives of the nation.[32]
+
+Footnote 32:
+
+ This fact, together with the particulars of Sir Robert Wilson’s
+ restoration, was obligingly communicated to me by that distinguished
+ patriot Joseph Hume, together with a letter expressive of his surprise
+ that my restoration had not been rendered complete. This letter and
+ the enclosures will be given in another place.
+
+A few words may here be devoted to a point intimately connected with
+this subject. In several reviews on the first volume of this work, the
+public has been told of the handsome rewards which have been bestowed
+for my services. The reader will perhaps be scarcely prepared to learn,
+in answer to such statements, that with the exception of the ordinary
+good service pension granted for general service in 1844, thirty-five
+years after the action in Aix Roads, I never in my life received a
+recompense from my country in any shape, the Order of the Bath alone
+excepted. For my services in the _Pallas_, that of destroying three
+heavily-armed French corvettes at the embouchure of the Garonne, and
+cutting out the _Tapageuse_—all performed in one day—not a shilling was
+awarded to myself, officers, and crew, though in the late war with
+Russia I have been told that the destruction of a Russian gunboat was
+scrupulously paid for. For my services on the coast of Catalonia in the
+_Impérieuse_, to which Lord Collingwood testified that, single-handed, I
+had stopped the advance of a French army, not a farthing was conceded,
+whilst the thanks of Lord Collingwood were the only expressions of the
+kind ever awarded for what English historians have eulogised even more
+highly than did his Lordship.
+
+For the partial destruction of the enemy’s fleet in Aix Roads not a
+farthing was given to myself, officers, or crew; but nine years
+afterwards, when told that I might take my share of head-money with the
+rest of the fleet, I replied by refusing both the offer and the money,
+on the ground that the ships only which took part in the action had a
+right to it.
+
+The reader will pardon this brief digression, which has arisen from
+Admiral Austen’s allusions to the persecutions unworthily inflicted on
+me, and I have chosen the opportunity to set the public right on a
+subject which has been much misapprehended, to the detriment of myself
+and family. Neither directly nor indirectly have my services throughout
+my whole career ever cost the country a _penny_ beyond the ordinary pay
+and the ordinary good service pension to which my rank entitled me; nor
+did any of my family ever receive a place under government, other than
+that to which they have risen in the ordinary course of naval
+promotion.[33] After this positive assurance on my part, I feel
+confident that the portion of the press which has expressed an opinion
+that “I had been amply rewarded for my services,” will do me the justice
+to acknowledge an unintentional error.
+
+Footnote 33:
+
+ My third son is a post-captain, and my youngest a commander in the
+ navy, both having won their rank by services in action. With regard to
+ my eldest son, Lord Cochrane, the public shall judge of the favour
+ shown to him on my account. He was originally placed in the navy, in
+ which he served four years, but was driven from the service by the
+ animosity excited by the imputations against his father. After this he
+ entered the army, in which he served eighteen years. He was engaged
+ throughout the Canadian rebellion, and subsequently for eight
+ consecutive years in the pestilential climate of China during the war.
+ He there served under Lord Clyde, acted as aide-de-camp to
+ Major-General D’Aguilar, and subsequently as Quartermaster-General.
+ His health having at length broken down under the arduous nature of
+ his duties—he having been, as I have reason to believe, the only
+ officer who remained for so long a period on a station proverbially
+ unhealthy—he was ordered home on sick leave, and had to undergo the
+ unusual mortification of being periodically, and that too at short
+ intervals, ordered to appear before the Medical Board in London. This
+ was actual persecution, nor did it cease till Major-General D’Aguilar
+ himself went to the Horse Guards and remonstrated against such conduct
+ being pursued towards an officer whom he had sent home as being worn
+ out by eight consecutive years’ hard duty. On my son’s asking for an
+ unattached majority _by purchase_, he was told that his length of
+ service, from 1833 to 1851, was insufficient, notwithstanding that he
+ gave the precedent of earlier promotion in the case of an officer who
+ had married the daughter of the Master-General of the Ordnance, and
+ who got his majority in eleven years. Finding no prospect of
+ promotion, my son sold out, quitting the army as a captain, as the
+ state of his health did not warrant him in returning to his regiment.
+ I adduce this as a specimen of the kind of reward bestowed on me or my
+ family.
+
+Since the receipt of Admiral Austen’s letter, I have been favoured with
+another, from Capt. Hutchinson, who, at the time of the action in Aix
+Roads, was a lieutenant in the _Valiant_, one of the two line-of-battle
+ships reluctantly sent to the assistance of the _Impérieuse_, when
+engaged single-handed with three of the enemy’s ships. Captain
+Hutchinson was, therefore, in action throughout the whole affair, but,
+like Admirals Austen and Maitland, _was not summoned to give evidence on
+the court-martial_.
+
+Capt. Hutchinson’s letter, whether in point of fact or ability, deserves
+to be put on record as a proof that when naval officers have the
+opportunity of speaking their minds on any subject connected with their
+noble profession, there are few amongst them who will let self-interest
+outweigh the honour of the service. So complete is the information
+voluntarily given by Capt. Hutchinson, with whom I have not the pleasure
+of being even personally acquainted, that it might have saved me much of
+the lengthened critical explanation into which my sense of duty to the
+naval service, as well as to my own reputation, has compelled me to
+enter. As a further corroboration of my own proofs, written before the
+reception of Capt. Hutchinson’s letter, I can only tell that gallant
+officer how highly I appreciate it, and shall be surprised if the rest
+of my brother officers do not form the same judgment.
+
+ Cumberland House, Chilham, Canterbury,
+ June 8th, 1860.
+
+ “MY LORD,
+
+ “I have read, with very great interest, the first volume of your
+ Autobiography, and if the second is not yet published, it is possible
+ that what I have to communicate may be of some service in any further
+ notice you may give of the attack upon the French fleet in Aix Roads.
+ I would not otherwise have taken the liberty of writing merely to
+ express the interest taken in your Memoirs, since I can only entertain
+ _that_ in common with every naval officer who has any true love for
+ his profession, and of esteem for those who have so eminently adorned
+ it by their gallantry and skill.
+
+ “I was fifth or junior lieutenant of the _Valiant_, on the mortifying
+ occasion above mentioned, and can bear testimony _to the indignation
+ which pervaded the whole fleet in witnessing the total want of
+ enterprise, and even common sense of duty, which then permitted so
+ many of the enemy’s ships to escape, when they were entirely at our
+ mercy_.
+
+ “I have, however, to mention some circumstances which may throw light
+ upon the mystified despatch of Lord Gambier, which certainly surprised
+ all those who were present. In the first place, Lord Gambier can have
+ given no _positive_ orders to Capt. Bligh of the _Valiant_ to _attack_
+ the French ships which were aground at the time indicated in the
+ despatch, for after we had anchored off the Boyart Shoal, Capt. Bligh,
+ seeing you go in with the _Impérieuse_ _unsupported_ (after waiting
+ some time, expecting to be _ordered_ by the Commander-in-chief to
+ assist you) went in his gig on board the _Caledonia_ to _volunteer his
+ services_. Lord Gambier expressed himself greatly obliged, but said
+ some other ship must accompany, upon which Capt. Bligh selected the
+ _Revenge_, from regard for Capt. Kerr, who had been acting for him in
+ the _Valiant_ some time before, when he had occasion to go on leave of
+ absence for private affairs.
+
+ “We accordingly ran in, as your Lordship has detailed, and I have
+ nothing to remark as to what followed but one circumstance, of which
+ your Lordship does not appear to have been aware. No doubt you would
+ have observed that on the evening of the 12th the crews of the _Ocean_
+ and two other enemy’s line-of-battle ships near her, were evidently
+ _flying from them in a panic, numerous boats from the shore assisting
+ in conveying them from the ships_.
+
+ “This was so apparent that our Captain, Bligh, went in his gig, with
+ two other Captains, as soon as it was dark, to reconnoitre these
+ ships, with a view to take possession of them with boats, if they were
+ deserted.
+
+ “These Captains returned, however, reporting that they had found them
+ surrounded by boats, &c., and that, consequently, they could not be
+ attacked. In the morning, however, no boats were near them, nor were
+ any persons seen stirring on board them; and it was not till about ten
+ o’clock, I think, that the crews, _finding that we had not taken
+ possession, took courage, ventured to return on board their ships, and
+ immediately began to warp them out of our reach_.
+
+ “Captain Bligh was a man of the firmest nerve I ever knew, and
+ therefore I can only suppose that the boats he saw were still engaged
+ carrying the crews on shore, though I believe it was at least ten
+ o’clock at night when he went to reconnoitre, and I know we were
+ greatly puzzled at the time to account for the presence of these
+ boats. As a proof that these ships _were_ totally deserted that night,
+ I need only refer your Lordship to the account of Admiral Gravière,
+ quoted by you, where he says, ‘_The panic was so great, that ships
+ which had not even been attacked were abandoned by their crews_.’
+
+ “But, my Lord, we heard soon after this disgraceful affair, by means
+ of some French vessel which had been boarded or taken, that such was
+ the case. I do not now perfectly recollect _how_ this information
+ reached us, but we had no doubt of the fact at the time, it being only
+ in accordance with our own observations and conjectures. I exceedingly
+ regret that I did not make note of this at the time, but the belief in
+ the fact of the crews having deserted those three ships was so general
+ and undoubted, that it never occurred to me that it might be
+ questioned.
+
+ “The report went further, and added one singular circumstance—that
+ there was _one_ man who _did_ remain when all the remainder of the
+ crews had quitted. This was a quarter-master on board the _Ocean_,
+ who, indignant at the cowardly desertion of the ships, _hid himself_,
+ when the crews were ordered to quit, and this was the salvation of
+ that three-decker and the two other ships, in a very extraordinary
+ way. A little midshipman belonging to one of our smaller vessels (I
+ believe a brig) had been sent in a jolly-boat that night with a
+ message to another ship, and having delivered it, instead of returning
+ immediately to his own vessel, he proposed to his men to go and look
+ at the French ships from which the crews had been seen to fly. His men
+ of course were willing, and they approached cautiously _very near_ to
+ the three-decker (the night was very dark) before they could observe
+ any stir on board or around her. They were then suddenly hailed by the
+ quarter-master before mentioned with a loud “Qui vive!” Of course the
+ poor little midshipman took it for granted that the ship was occupied
+ by more than that one man, and he hastily retreated, glad to escape
+ capture himself; but had he known the truth, _that little midshipman,
+ with his jolly-boat and four men, might have taken possession of a
+ three-decker and two seventy-fours_!
+
+ “This seems more like a story of romance than an actual occurrence,
+ and I greatly regret that I did not then make note of every name and
+ circumstance, which at this distance of time I cannot call to mind,
+ but I have never entertained any doubts as to the facts here detailed,
+ and I have always mentioned them in speaking of that most
+ unsatisfactory affair of Basque Roads. Admiral Gravière’s account is a
+ positive confirmation of what we observed and fully believed as to the
+ abandonment of the ships, and I only wonder that he should not have
+ mentioned the noble conduct of the quarter-master.
+
+ “Admiral Gravière, however, would probably not have heard of the
+ approach of the boat, and the quarter-master himself would not perhaps
+ have reflected upon the possible danger the ships were in from the
+ approach of only _one little boat_; yet if he had not been there to
+ hail that boat, it is more than probable that the little midshipman
+ would have continued cautiously to approach, till he discovered that
+ the ships were entirely deserted, and he would either have ventured to
+ take possession himself, or would certainly have returned to report
+ the circumstance, and a proper force would have been despatched to
+ take advantage of the abandonment, if it had been found to be as he
+ reported.
+
+ “It was the supposed abandonment of the ships, indeed, which induced
+ him to approach them at all, and it was this also which induced Capt.
+ Bligh to reconnoitre. These, my Lord, are the only circumstances I had
+ to communicate, and no doubt they will be in some degree interesting,
+ though not wholly satisfactory, from my inability to establish the
+ perfect correctness and truth of them. I _have_ not, and never _had_,
+ any doubt myself, though I am by no means inclined to believe
+ cock-and-bull stories. Of one thing I am very certain, that there was
+ a universal conviction, that, but for the ingenious ruse adopted by
+ your lordship of _running in singly with the Impérieuse, and then
+ making a signal of distress, or rather of want of assistance, nothing
+ whatever would have been effected against the French fleet_.
+
+ “I remain, my Lord,
+ “Your very obedient servant,
+ “CHAS. HUTCHINSON, Capt. R.N.
+
+ “The Right Honble. the Earl of Dundonald.”
+
+To return to the testimony of eminent officers at the court-martial, by
+which evidence Admiral Austen and Captain Hutchinson will be pleased to
+find their disinterested opinions corroborated.
+
+The first evidence adduced shall be that of another distinguished
+officer, also still living, viz. Admiral Sir George Francis Seymour,
+K.C.B., G.C.H., who commanded the _Pallas_ frigate at the action in Aix
+Roads, and remained by me when the line-of-battle ships left the roads
+on the morning of the 13th of April.[34]
+
+-----
+
+Footnote 34:
+
+ See vol. i. p. 392.
+
+-----
+
+An attempt was made to stop the evidence of Captain Seymour nearly at
+its commencement, by Lord Gambier remarking that he had “_no further
+questions to propose to Captain Seymour_;” who however promptly asked
+whether he was not “bound by his oath to relate _every circumstance_
+within his knowledge, respecting the proceedings of the fleet.”
+(_Minutes_, p. 190.)
+
+To this pertinent query the President replied; “If the questions that
+_are asked you_ should not seem to embrace all the circumstances _to
+which it refers_, you are still bound to relate them.” (_Minutes_, p.
+190.)
+
+ CAPT. SEYMOUR.—“From what period am I to give my answer?”
+
+ _President._—“From the time of your being _sent in to attack the
+ enemy_, and your having remained there.”
+
+ CAPT. SEYMOUR.—“_Without going back to the 11th?_”
+
+ PRESIDENT.—“No! _I take it from your going in on the 12th._”
+ (_Minutes_, p. 193.)
+
+The President thus authoritatively stopped Captain Seymour from saying a
+single word relative to the neglect of the Commander-in-chief in not
+having sent ships to the attack before the _Ocean_ and group floated
+away, as the _Pallas_ and the other vessels were withheld until the
+_afternoon of the 12th_. This, however, did not prevent Captain Seymour
+from taking the course which he had evidently proposed to himself.
+
+ CAPT. SEYMOUR.—“I think the ships _might_ have floated in sooner; that
+ they might have come in on the last half of the flood-tide.”[35]
+
+ PRESIDENT.—“How much sooner would that have been than the time they
+ actually did go in?”
+
+ CAPT. SEYMOUR.—“At eleven o’clock.”
+
+ PRESIDENT.—“What time did the line-of-battle ships go in?”
+
+ CAPT. SEYMOUR.—“Within a short time after two o’clock.” (_Minutes_, p.
+ 193.)
+
+-----
+
+Footnote 35:
+
+ Which rose as high as the last quarter of the ebb tide, when two
+ line-of-battle ships were sent in and remained without grounding.
+
+-----
+
+These three hours made all the difference in the result of the action,
+and were in fact the point of inquiry before the court. At eleven
+o’clock the whole fleet came to an anchor in Little Basque Roads,
+instead of detaching a force to attack the enemy, as Captain Seymour
+testifies they _might_ have done. The French ships were at that time
+helplessly aground. Seeing the British fleet come to an anchor, the
+enemy took heart, and strained every nerve to warp off, in which, being
+unmolested, they succeeded—by throwing their guns and stores
+overboard—and soon after _one o’clock_ had _effected their escape_.
+
+At _two o’clock_—seeing me go in with the _Impérieuse_, in order to
+prevent the other ships from escaping also, and rightly appreciating the
+risk I was running single-handed, the Commander-in-chief then, but not
+till then, reluctantly sent in two line-of-battle ships and some
+frigates, and this only after repeated signals—the final one necessarily
+being _in want of assistance_. So that _no attack_ was made on the
+enemy’s ships till _after_ the escape of the _Ocean_, and all those
+nearest the deep water, though these were most easily attackable; nor
+would any attack have been made _at all_, but for my last signal. Had
+Admiral Seymour been permitted to speak to this point, his evidence
+would have been most conclusive, as the President must have seen when he
+ordered the witness to speak only as to what occurred _after_ he was
+sent in; that is, after the French ships had escaped, which was the
+subject of inquiry, about which Admiral Seymour was thus ordered to say
+nothing!
+
+This forms, in fact, the history of the whole affair; three French ships
+only being attacked in the afternoon, after all the outermost had been
+quietly permitted to heave off and escape during the morning, and with a
+rising tide in favour of the British force. Captain Seymour’s highly
+honourable pertinacity in giving the above important opinion as to what
+was clearly the duty of the Commander-in-chief at _eleven o’clock_,
+after he had been cautioned by the President not to speak of anything
+which occurred previous to _two o’clock_, when the _Pallas_ was sent in,
+will be regarded—as it deserves to be regarded—in the light of truth and
+honour holding itself superior to power. For the sake of the service no
+less than for that of Admiral Seymour, I am proud to record this
+instance in which self-interest weighed nothing in comparison with the
+interest of the country, and the service which Captain Seymour evidently
+considered to be at stake.
+
+This reply of Captain Seymour took the Court by surprise, as opening the
+very point sought to be avoided. This led to the subjoined angry
+remonstrance from Admiral Young.
+
+ ADMIRAL YOUNG.—“The general question is not meant to subject the
+ general conduct of the Commander-in-chief to the opinions of all the
+ officers serving under his command. If you think the two ships
+ (_Revenge_ and _Valiant_) not going in so early as you think they
+ might have floated to be an instance of neglect, it is your duty to
+ state it, that we may _inquire into it_, and hear _any other evidence_
+ upon it.”
+
+The tendency and peculiarity of this remark to Captain Seymour, is
+worthy of note. It more than insinuates that he was incapable of forming
+a correct judgment, and plainly tells him that his evidence will go for
+nothing, but “_to hear any other evidence_” upon it. A perusal of the
+minutes of the court-martial will show the meaning of this expression,
+viz. that when any officer in command spoke his mind on the subject, the
+next witness was a master or other inferior officer _to contradict his
+evidence_. For this purpose masters and others were recalled over and
+over again—which is one of the most curious features of the
+court-martial.
+
+Captain Seymour had said nothing about the _two ships_, but that _the
+ships_—meaning the British line-of-battle ships—might have gone in to
+the attack at _eleven o’clock_, and thus replied to the insinuation.
+
+ CAPT. SEYMOUR.—“I have already stated that I cannot say it was
+ misconduct. I STATE THE FACT AND LEAVE THE COURT TO JUDGE.”
+
+ ADMIRAL YOUNG.—“You state an opinion that _the fleet_ would have
+ floated in at eleven o’clock.”
+
+ CAPT. SEYMOUR.—“Yes, THAT THERE WAS WATER ENOUGH.”
+
+ ADMIRAL YOUNG.—“Is that all you mean to say, that there would have
+ been water enough for them to have floated in?”
+
+ CAPT. SEYMOUR.—“Yes. That is all I _have_ said.”
+
+ ADMIRAL YOUNG.—“When you say that the ships of the line would have
+ floated in at eleven o’clock, do you mean to speak to the depth of
+ water alone?”
+
+ CAPT. SEYMOUR.—“I confine myself to the _meaning of the words_, that
+ there WOULD HAVE BEEN WATER ENOUGH FOR THE LINE-OF-BATTLE SHIPS TO
+ HAVE FLOATED IN. That is what I mean to say. With regard to the
+ opposition they would have met with, THE COURT HAVE AS MUCH BEFORE
+ THEM AS I HAVE.”[36] (_Minutes_, p. 195.)
+
+-----
+
+Footnote 36:
+
+ Two ships of the enemy’s line afloat, viz. the _Foudroyant_ and
+ _Cassard_!! “These,” said Lord Gambier in his defence, “_must have
+ entirely crippled every one of our ships in their approach through so
+ narrow a channel_. Besides which, _some of the grounded ships were
+ upright!!_ and could have brought their guns to bear on the entrance.”
+ (Lord Gambier’s Defence, _Minutes_, p. 125.) Two enemy’s ships, both
+ of which made sail for the Charente the moment the escaped ships had
+ got off, “_must have entirely crippled_” a powerful British
+ squadron!!!
+
+-----
+
+That is, in Captain Seymour’s opinion, the fleet ought to have proceeded
+to the attack at eleven o’clock instead of then coming to an anchor, and
+by that act, giving the enemy’s ships aground ample time to warp off and
+escape, which they would not otherwise have attempted; a point on which
+all French writers agree.
+
+Attention must here be drawn to Admiral Young’s constantly repeated
+expression “_floated in_.” The expression appears to have been used, not
+more to prevent Captain Seymour from using any other, than to convey the
+idea that there was no room in the Channel for operations, but that the
+ships, if sent to the attack, must have _floated_ or _drifted_ in,
+exposed to the fire of the enemy, had Lord Gambier directed them so to
+do!
+
+At the conclusion of Captain Seymour’s evidence, so clear and so
+conclusive, the Commander-in-chief had the bad taste to remark that he
+“_did not consider it of the least consequence_!” (_Minutes_, p. 196.)
+An opinion in which posterity will assuredly not coincide.
+
+I must here repeat that I was not permitted to be present in the court
+during the examination of the witnesses, _or to know who had been
+summoned to appear_, the evidence of Captain Seymour, and that of
+several other eminent officers, would not have been taken at all, had I
+not contrived to ascertain the names of those summoned. Finding that
+most of these had either not been present in the action, or were known
+to be in the interest of the Commander-in-chief, I went on the half deck
+of the _Gladiator_, and wrote a note to the Court, pointing out the
+unfairness of such proceeding, and naming other officers who ought to be
+examined. They were _then_ summoned, and their evidence will be
+conclusive to the reader, as it ought to have been to the Court, and
+would have been so had not the Court itself been picked by the
+Government, _i.e._ principally composed of officers who had been ordered
+to hoist their flags to qualify them for sitting on the court-martial,
+which, being ended, they were ordered again to strike their flags!
+
+As a contrast to the evidence of Captain Seymour, I will turn to that of
+three officers who were _not present in the action_, and in fact, do not
+appear to have been in Aix Roads at all, either before or after it;
+though without a minute knowledge of those Roads they could not be
+competent to give even a general opinion on the subject. Without reason
+assigned—as indeed it was not in their power to assign any—each thus
+delivered his testimony.
+
+ QUESTION (_put to each in succession_).—“Was everything in your
+ judgment done that could be done, to effect the destruction of the
+ enemy’s ships?”
+
+ CAPT. BURLTON.—“I _think_ there was.”
+
+ CAPT. BALL.—“I _think_ there was everything done.”
+
+ CAPT. NEWMAN.—“Perfectly so.”
+
+ QUESTION.—“From the time the Commander-in-chief arrived in Basque
+ Roads to the time of your quitting it, can you state any instance of
+ neglect, misconduct, or inattention on his part to the public
+ service?”
+
+ CAPT. BURLTON.—“I know of none.”
+
+ CAPT. BALL.—“No; I cannot.”
+
+ CAPT. NEWMAN.—“None.”
+
+Widely different was the testimony of Captain Malcolm of the
+_Donegal_—the late Admiral Sir Pulteney Malcolm—-whose love of truth,
+like that of Captain Seymour, was not to be fettered by negatives in
+reply to leading questions. Captain Malcolm thus spoke of the only two
+enemy’s ships afloat, _Foudroyant_ and _Cassard_, which two ships Lord
+Gambier in his defence said “_must have entirely crippled_” the whole
+British force, had it attempted to pass the channel leading to Aix
+Roads.
+
+ “When those ships quitted their stations there was then _no obstacle_
+ to prevent the small ships from going in; by which I mean the
+ _frigates_, or even SEVENTY-FOURS. The fire from Isle d’Aix they
+ nearly _avoid_ by keeping near the Boyart.” (Capt. Malcolm’s evidence,
+ _Minutes_, pp. 208, 209.)
+
+Lord Gambier had stated in his defence that he refrained from sending in
+the ships on account of the danger from the fire of the fortifications.
+Mr. Stokes supported this view by swearing that the ships would have
+been “within point-blank range of shot.” The assertion of Captain
+Malcolm that they would be nearly out of reach of shot, which was true,
+was _malapropos_, though not to be shaken by the testimony of an
+inferior officer. It was therefore dangerous to recal Mr. Stokes in
+opposition to so high an authority as Captain Malcolm; Captain Kerr was
+consequently recalled whilst Captain Malcolm _was under examination!_ to
+say that his ship was _once_ hit from the batteries. After which
+extraordinary interruption Captain Malcolm was suffered to proceed with
+his testimony.
+
+ PRESIDENT.—“Was the enemy’s three-decker in a situation on the morning
+ of the 12th to have done any mischief to ships that had been sent in?”
+
+ CAPT. MALCOLM.—“Till about noon she was heeling considerably, _and
+ appeared to me to be throwing her guns overboard_. When she righted,
+ she could have annoyed ships coming in.”
+
+ QUESTION.—“At what time did the three-decker remove from the situation
+ where you saw her on shore _heeling_?”
+
+ CAPT. MALCOLM.—“About two o’clock. I took no note of the time.”
+
+ QUESTION.—“Would you have sent ships in before the two ships were
+ removed and the three decker got off?”
+
+ CAPT. MALCOLM.—“Had it appeared to me that there was no other chance
+ of destroying those ships _but by such an attack_, I certainly think
+ it _ought to have been made_. It was understood that they must all
+ again ground in the mouth of the Charente where it was the _received
+ opinion_ they could be attacked by bombs, gun-vessels, and fire-ships
+ again, _without risk_.”
+
+ QUESTION.—“Upon the whole, are you of opinion that, of all the French
+ ships which got ashore on the night of the 11th of April, any more
+ could have been destroyed than were destroyed had the British ships
+ been earlier sent in on the 12th of April to attack them?”
+
+ CAPT. MALCOLM.—“Had they been attacked by the British ships, in my
+ opinion _they could not have been warped off from the shore, as it was
+ necessary to lay out anchors to heave them off_. Those that were not
+ aground had always the option of running further up the Charente. It
+ should be understood that it must have been at the risk of our fleet,
+ as I have already mentioned.” (_Minutes_, pp. 209 to 211).
+
+Of course, every naval combat must be at the risk of fleets; such risk,
+in my judgment, forming the chief object in building fleets for the
+purpose of encountering it. But the risk to a whole squadron from two
+ships afloat, and a three-decker ashore, “_heeling over, and throwing
+her guns overboard_,” is what no brave seaman would ever take into
+consideration. The chief risk, as has been alleged by Lord Gambier, was
+from the fire of the batteries on Ile d’Aix, which he had shortly before
+pronounced “_no obstacle_.” What this was, may be judged from the fact
+that Captain Seymour, in the _Pallas_, Captain Woolfe, in the _Aigle_,
+and myself in the _Impérieuse_, lay for two days in this formidable
+position without loss of any kind.
+
+The reply to the next question put to Captain Malcolm ought to have been
+conclusive with the Court.
+
+ QUESTION.—“_Would you, had you commanded the British fleet, have sent
+ in ships to attack the enemy’s ships on shore?_”
+
+ CAPT. MALCOLM.—“The moment that the two ships quitted their defensive
+ position the risk was then small of sending ships, and, OF COURSE, I
+ WOULD HAVE SENT THEM IN INSTANTLY.” (_Minutes_, p. 212.)
+
+This was spoken like a seaman. No greater contrast can be set in
+juxtaposition with such evidence than that of the chartmaker Stokes, the
+master of Lord Gambier’s flagship, who, though of no higher rank than
+that of a warrant officer, was gravely consulted as to what, in his
+opinion, was the Commander-in-chief’s duty!!
+
+The subjoined evidence of Mr. Stokes is very curious, not only from its
+effrontery in contradiction of superior officers, but in its own flat
+and unblushing contradiction to itself. The portion of Mr. Stokes’s
+evidence placed in a double column is truly wonderful; but it is more
+wonderful that any tribunal should have so far forgot itself as to act
+upon it.
+
+ “The ships would have been at half range of shell and point-blank
+ shot.” (_Minutes_, p. 148.)
+
+ “They would have remained under the fire of the enemy’s batteries till
+ the tide floated them to the southward of the Palles Shoal; but this
+ retreat, in my opinion, they would not have been able to have gained.”
+ (P. 148.)
+
+ “If we had made the attack on the morning of the 12th, we should have
+ sacrificed our own ships without making any impression on the enemy,
+ or destroying _any_ of their ships.” (P. 148.)
+
+ “The enemy’s ships were _fast on the ground_ with their sterns to the
+ westward; and they _could not bring their guns to bear on the ships
+ that attacked them_. Had the French ships _grounded with their
+ broadsides flanking the passage, they could not have been attacked
+ with the least prospect of success_.” (P. 151.)
+
+ “I told Sir H. Neale that perhaps we might destroy _some_ of their
+ ships, but that we should sacrifice our own.”[37] (P. 151.)
+
+ “The three decker lay with her _broadside flanking the passage_. They
+ all three could have fired with _complete effect on any ships that
+ might approach_!!!” (P. 149.)
+
+ “Had four sail of the line run into Aix Roads when Lord Cochrane made
+ the signal, the whole fire of Isle d’Aix, as well as the fire of the
+ _Foudroyant_, _Cassard_, and _Ocean, three-decker_, would _have been
+ directed on them_!!” (P. 152.)
+
+-----
+
+Footnote 37:
+
+ This was said with the full knowledge that when “our own” were
+ reluctantly sent in, _no damage was sustained_. To use Lord Gambier’s
+ own words in making his defence, “_Not one, even of the smallest of
+ our vessels employed, has been disabled from proceeding on any service
+ that might have become necessary._” (_Minutes_, p. 138.)—A
+ circumstance not at all expected by the country when the destruction
+ of the enemy’s fleet was required.
+
+-----
+
+The only comment here necessary is, that nothing in the evidence
+volunteered by Titus Oates in former years displayed greater effrontery.
+The evidence of the other chartmaker Fairfax is almost as astounding.
+
+ QUESTION.—“Would ships of the line sent in have been within range of
+ shells and shot from the enemy’s batteries?”
+
+ MR. FAIRFAX.—“From every chart I have seen they certainly would.”
+
+ QUESTION.—“Could any of the enemy’s ships before they run up the
+ Charente have _annoyed and raked_ (!!) any of the king’s ships that
+ might have been sent to attack them?”
+
+ MR. FAIRFAX.—“_They certainly lay in a favourable place for it._”[38]
+ (_Minutes_, p. 144.)
+
+ QUESTION.—“Had even two or three ships of the line been sent in to
+ attack those two ships, were _any of the enemy’s ships aground(!)_ in
+ a position to annoy our ships, either in the anchorage or in their
+ approach to it?”
+
+ MR. FAIRFAX.—“_Some of them certainly were._” (P. 145.)
+
+ QUESTION.—“If a part of the fleet had gone into Aix Roads when the
+ _Impérieuse_ made the first signal, must it have remained within three
+ quarters of a mile of the batteries till the ebb made?”
+
+ MR. FAIRFAX.—“_They might have shifted with the flood!_” (P. 146.)
+
+-----
+
+Footnote 38:
+
+ This reply is very characteristic. He knew, as Stokes swore, that the
+ “_enemy’s ships were aground with their sterns to the westward_,” and
+ that not only could they not return a fire, but that a broadside from
+ a British ship must have gone clean through them from stern to bow;
+ but, unlike Stokes, he would not swear that ships in such a position
+ could have “_annoyed and raked the king’s ships_.” The enemy’s ships
+ were merely “_in a favourable place for it!!_” And so they were, had
+ they been _afloat_ instead of helplessly _ashore_, heeling over at an
+ angle of thirty degrees.
+
+-----
+
+The ingenuity of Mr. Fairfax in avoiding straightforward answers to
+embarrassing questions is remarkable. He was one of Lord Gambier’s tract
+distributors spoken of in the first volume, but though he had no
+objection to construct an imaginary chart to serve his chief, his
+conscience would not permit him to swear to its contents. Nevertheless
+such evasion ought not to have been tolerated by any tribunal. Yet on
+the charts and evidence of Stokes and this man was the result of the
+court-martial made to rest, in opposition to the testimony of officers
+of standing and character.
+
+The opinion of another eminent officer, Captain Broughton of the
+_Illustrious_, will be even more to the purpose.
+
+ PRESIDENT.—“From the first attack on the ships of the enemy on the
+ evening of the 11th of April to the time of your leaving Basque Roads,
+ according to your judgment, was everything done that could be done to
+ effect the destruction of the enemy’s ships?”
+
+ CAPT. BROUGHTON.—“I think it would have been more advantageous _if the
+ line-of-battle ships, frigates, and small vessels had gone in at half
+ flood_, which I take to be at about _eleven o’clock_ A.M. or
+ _twelve_.”[39]
+
+-----
+
+Footnote 39:
+
+ Precisely the time at which Lord Gambier ordered the fleet to come
+ to an anchor, after it had been got under weigh with every
+ indication of proceeding to an attack.
+
+-----
+
+ “The French admiral and two more got off and made sail towards the
+ river, very soon after the two that were afloat.”
+
+ QUESTION.—“By the French admiral you mean the _Ocean_?”
+
+ CAPT. BROUGHTON.—“Yes.”
+
+ QUESTION.—“As the two ships that remained at anchor did not change
+ their position till about noon, and the _Ocean_ continued in her
+ position till about the same time, if the British fleet had been
+ ordered in at eleven o’clock, which you thought would have been the
+ proper time——”
+
+ CAPT. BROUGHTON.—“I would rather say between eleven and twelve, which,
+ in my judgment, was more advantageous.”
+
+ QUESTION.—“Would not the ships sent in have been exposed to the fire
+ of the _two ships_ that remained at anchor, the French Admiral’s ship,
+ and the batteries of Isle d’Aix, at the same time?”
+
+ CAPT. BROUGHTON.—“Certainly; but I conceive they were partly _panic
+ struck_, and on the appearance of a force coming in might have been
+ induced to cut their cables, and try to make their escape up the
+ river.” (_Minutes_, pp. 219-221.)
+
+There was not much to be feared from a “_panic-struck_” enemy, with only
+two ships afloat out of thirteen, eleven being on shore. Yet those who
+peruse the minutes of the court-martial will marvel to find these two
+ships set up as bugbears to a British fleet.
+
+I will next adduce Captain Broughton’s testimony as to the trifling
+opposition to be anticipated from the batteries on Isle d’Aix, which
+three weeks previous to the action had been pronounced “_no obstacle_”
+by the Commander-in-chief, in his letter to the Admiralty[40], but were
+now considered formidable enough to prevent a British fleet from passing
+within two miles of them!
+
+Footnote 40:
+
+ See vol. i. p. 342.
+
+It may here be remarked that Captain Broughton was well acquainted with
+these batteries, from having previously been here under Admiral Keats,
+as they were familiar to me from having been employed on the same spot
+under Admiral Thornborough, and having, in fact, engaged the _Minerve_
+frigate under their fire[41], which I held so cheap as not to consider
+them or their ineffectual fire worthy attention. As Admiral Austen well
+remarks—all Lord Gambier knew respecting them was from the reports of
+others, who had not even ventured closely to reconnoitre the batteries.
+The report of Captain Broughton, who had reconnoitred them, was not
+acted upon.
+
+-----
+
+Footnote 41:
+
+ See vol. i. p. 191.
+
+-----
+
+ PRESIDENT.—“In your services in Basque Roads had you any opportunity
+ of making observations upon the state of the enemy’s fortifications on
+ Isle d’Aix?”
+
+ CAPT. BROUGHTON.—“Yes, I had.”
+
+ PRESIDENT.—“Narrate those observations.”
+
+ CAPT. BROUGHTON.—“I was on board the _Amelia_ when she was ordered to
+ dislodge the enemy from the Boyart Shoal, and, being _nearly within
+ gunshot_[42], I observed the fortifications. They appeared to me in a
+ very different state to what I observed them when serving two or three
+ years before under Sir Richard Keats. I thought they were repairing
+ the works from the quantity of _rubbish that was thrown up_; and I
+ counted on a semicircular battery which commanded the roadstead where
+ the enemy lay between _fourteen and twenty guns_, I am not positive as
+ to the exact number. There was a small battery lower down, nearer the
+ sea. I do not know the exact number of guns; there might be _six_ or
+ _nine_, I suppose. What I had before taken to be a block-house above
+ the semicircular battery seemed to have _no guns whatever_; it
+ appeared to be a barrack for containing the guard. I thought from this
+ observation that the fortifications of the island, at least in that
+ part, were _not so strong as we supposed_, and I reported my opinion
+ to that effect to Lord Gambier.”
+
+-----
+
+Footnote 42:
+
+ Mr. Stokes said the ships going in must have been “_at half range of
+ shell and point blank shot_!” (_Minutes_, p. 148.) Mr. Stokes’s
+ observation was taken “from the mizentop of the _Caledonia_;” that
+ of Captain Broughton from actual exposure to the fire of the
+ batteries.
+
+-----
+
+ PRESIDENT.—“Are those the only guns you observed on Isle d’Aix that
+ could bear upon the anchorage?”
+
+ CAPT. BROUGHTON.—“They were all that I observed; there might be more.”
+
+ QUESTION.—“Did it appear to you that the enemy was constructing new
+ works in front of the old ones, and nearer to the sea?”
+
+ CAPT. BROUGHTON.—“I think the _rubbish_ was the remains of the old
+ works that _had been taken down_.
+
+ PRESIDENT.—“Would your Lordship wish to ask any questions on the
+ subject?”
+
+ LORD GAMBIER.—“I would wish Capt. Broughton to point out on the chart
+ the situation of the _Amelia_ when he was on board her and made those
+ observations?”
+
+ CAPT. BROUGHTON.—“The south point of Isle d’Aix was just shut in with
+ Fouras Castle, and I think the bearing was nearly S.E. and by E. when
+ it was open. When it was touching the point we were JUST OUT OF
+ GUNSHOT FROM BOTH SIDES. THEY FIRED AT US FROM BOTH SIDES, BUT THE
+ SHOT DID NOT REACH US.” (_Minutes_, pp. 218, 219.)
+
+This was decisive, and in his defence, the Commander-in-chief thus
+attempted to evade the facts which had been officially reported to him
+by Captain Broughton. To contradict them was impossible.
+
+ “With respect to the force of the Aix batteries, I apprehend what
+ appeared to Lord Cochrane and to the master of his ship as ruins of
+ the fort were, in fact, materials for _improving or increasing the
+ work_! Indeed, can it be natural to _suppose_ that the enemy, who are
+ so active in forming batteries wherever they can be useful, and whose
+ engineers are considered to be equal to any, would, of all moments,
+ choose that for dismantling or blowing up works when they expected
+ those works would be most required; for it is very certain the enemy
+ was as fully apprised of _our intentions of attacking their fleet as
+ myself_!!![43] And it will perhaps be considered less likely that the
+ enemy should _weaken their defences_ on Isle d’Aix, _raised evidently
+ for the protection of their fleet_, when at the same time they were
+ endeavouring to form others on the Boyart Shoal as a protection for
+ it.” (_Minutes_, p. 135.)
+
+-----
+
+Footnote 43:
+
+ Lord Gambier had just before written to the Admiralty that an attempt
+ with fireships would be “_hazardous if not desperate_.” He had no
+ intention of attacking otherwise. And after the enemy’s ships had been
+ driven ashore by the explosion vessels, Captain Broughton testifies to
+ Lord Gambier’s expressions that he did not intend to make any attack,
+ as the object of their destruction seemed to be already accomplished.
+ That is, neither before nor after the action did he intend to make any
+ attack with the fleet, nor would he have done so unless a partial
+ attack had been forced on him by my signal on the _afternoon_ of the
+ 12th of April.
+
+-----
+
+There was no “_supposition_” in the matter, nor any necessity for
+hypothesis, in face of the fact that the fortifications were for the
+most part _débris_, or as Captain Broughton termed them, a mass of
+“_rubbish_.” No one said that they had been “_blown up_” or that the
+enemy were _weakening their defences_! The fact is, that only a month
+before the action Lord Gambier had himself set the matter at rest, by
+writing to the Admiralty as follows:—“The advanced work between the
+Isles of Aix and Oleron, I _find_ was injured in its foundation, and is
+in no state of progress, _it is therefore no obstacle to our bombarding
+the enemy’s fleet_[44],” yet it was now an “obstacle” to even attempt
+attacking ships on shore; and Lord Gambier condescended to resort to the
+just quoted assertions, in contradiction to his own letter to the
+Admiralty.
+
+-----
+
+Footnote 44:
+
+ See vol. i. page 342.
+
+-----
+
+On the utter worthlessness of the batteries, as calculated to impede the
+operations of a British fleet, there was abundant evidence before the
+Court, as will be seen on an examination of the minutes of the
+court-martial, such testimony confirming the correctness of Lord
+Gambier’s letter to the Admiralty on the 11th of March, and completely
+disproving his Lordship’s contradictory assumptions in his extraordinary
+defence read to the Court.
+
+Captain Broughton was next examined with reference to the imaginary
+shoal, which forms so conspicuous an object on Mr. Stokes’s chart (C).
+
+ “If the ships had been damaged in masts and rigging, considering the
+ direction and strength of the wind at that time, was there any place
+ those ships could have retired to?”
+
+ CAPT. BROUGHTON.—“I think as the wind was north-westerly and
+ northerly, they might have found safe anchorage and protection in what
+ is called in the French chart I had on board “_Le Grand Trousse_” (see
+ Chart A), _where there is thirty or forty feet of water_ OUT OF RANGE
+ OF SHOT OR SHELLS IN ANY DIRECTION.”
+
+ QUESTION.—“How many ships would you have thought it necessary to send
+ into Aix Roads to attack the enemy?”
+
+ CAPT. BROUGHTON.—“I should think _five or six ships_ of the least
+ draught of water.”
+
+ “I conjecture that the _discomfited_ French squadron _would have made
+ very little resistance_.”
+
+ “From the situation in which the enemy were, _not having recovered
+ from the fright of the night before, I think our loss would have been
+ very little_, as few of the French ships were in a situation to FIGHT
+ THEIR GUNS!!”
+
+ QUESTION.—“Do you know that from the anchorage in Aix Roads to the
+ anchorage you have just now described, that _there is_ A BAR GOES
+ ACROSS?”
+
+ CAPT. BROUGHTON.—“No! I do not know anything of it; I _sounded_ from
+ the wreck of the _Varsovie_ to that anchorage, and FOUND NO SHOAL
+ THERE!!”
+
+ PRESIDENT.—“_That is not the place!_ It _is_ marked in _some_ of the
+ charts that between the Boyart and the tail of the Pallas there _is_ a
+ bar!”
+
+ CAPT. BROUGHTON.—“I _sounded as I came in from the fleet_ BUT DID NOT
+ FIND ANY BAR.” (_Minutes_, pp. 221-233.)
+
+The extraordinary conduct of the President in saying “_That is not the
+place_” and then that “in _some_ of the charts there _is_ a bar,” in the
+place which was “_not_ the place,” needs no comment. The evidence of
+Captain Broughton, who _had_ sounded there, should have been fatal to
+the chart of Mr. Stokes, who _had not_ by his own admission taken
+soundings. The fact was, that this bar, made for the occasion, formed
+one of the main points in the Commander-in-chief’s defence, and Mr.
+Stokes’s chart was retained in spite of the testimony of those who, from
+having sounded, could alone know anything of the matter.
+
+But Mr. Stokes shall first _prove_ and then disprove his imaginary _bar
+or shoal_.
+
+Notwithstanding that Mr. Stokes admitted that his knowledge of the
+supposed shoal between the Palles and the Boyart was only founded on an
+anonymous French MS., he subsequently forgot the admission, and swore to
+his own _personal knowledge of the minutest particulars_ connected with
+the imaginary shoal!!
+
+ LORD GAMBIER.—“Is there not a bank between the Boyart and the Palles
+ Shoal?”
+
+ MR. STOKES.—“Yes.”
+
+ “What water is there generally upon that bank at low water?”
+
+ MR. STOKES.—“From _twelve to sixteen feet in the deepest part_, but
+ that part is _very narrow_.”
+
+ “If there are only _sixteen feet_, line-of-battle ships could not pass
+ over it at all times?”
+
+ MR. STOKES.—_No[45], not until nearly two-thirds flood._ You must
+ reckon on going over that part at _twelve feet_.”
+
+-----
+
+Footnote 45:
+
+ It is marked on Mr. Stokes’s chart that the rise of tide is
+ _twenty-one feet_.
+
+-----
+
+ “To get to the anchorage, it _is_ necessary to pass over the bank just
+ mentioned?”
+
+ MR. STOKES.—“IT IS.”
+
+ ADMIRAL YOUNG.—“Is there a channel of sixteen feet all across?”
+
+ MR. STOKES.—“_There is a channel of sixteen feet all across_, but that
+ is _narrow_. There are about the middle of it patches of twelve feet.”
+
+ PRESIDENT.—“_There is_ no going into the channel of sixteen feet
+ without, in _some instances_, passing over that of twelve feet?”
+
+ MR. STOKES.—“You _may_ go over the channel of sixteen feet, but _it is
+ so narrow_ that I should calculate going over that part which is _only
+ twelve feet_.”
+
+ PRESIDENT.—“It is _so intricate_, you _must_ count on passing over
+ some part with only _twelve feet_?”
+
+ MR. STOKES.—“I should calculate on going over part of the twelve feet,
+ because _it is so narrow_, it is _difficult to hit_ the passage of
+ _sixteen feet_.”[46]
+
+-----
+
+Footnote 46:
+
+ Yet Captain Broughton had “hit” it, and that without finding any shoal
+ at all!
+
+-----
+
+This is pretty minute for a man who was not present in the action, who
+confessed that he was “ignorant of the distance between the sands,” and
+had, in fact, “never sounded there at all,” that his survey had been
+made from the mizentop of the _Caledonia_, nine miles off, and that he
+had his information from Mr. Fairfax and an “anonymous French MS.,”
+which was not even produced in Court, nor demanded by the Court, so that
+it is not known to this day who was the author of that MS., or, indeed,
+whether it ever existed; a matter which, from its non-production, I do
+not hesitate to doubt.
+
+The President was, however, bent on confirming Mr. Stokes’s shoal, but
+the result was most unfortunate. In order further to substantiate the
+alleged fact, Captain Woolfe of the _Aigle_, which vessel was present
+during the action, thus replied to an interrogation on the point.
+
+ “I think _four or five sail of the line_ might have lain clear of the
+ enemy’s batteries. I lay there with the _Pallas_ and _fifteen or
+ sixteen brigs, gun-brigs, cutters, and schooners_!” (_Minutes_, p.
+ 86.)
+
+ PRESIDENT.—“_Would the casting your eye upon this chart_ (Stokes’s)
+ _give you a clearer comprehension!!!_”
+
+ CAPT. WOOLFE.—“No! I have it all in my mind. _I received orders to
+ assist Mr. Stokes on a survey._
+
+ PRESIDENT.—“What was the report of the depth of water at any
+ particular time of tide in the situation _I have pointed out between
+ the Palles and the Boyart, if you can recollect it_?”
+
+ CAPT. WOOLFE.—“Mr. Stokes said HE HAD FOUND DEEPER WATER AND A LITTLE
+ MORE ROOM FARTHER TO THE SOUTHWARD.”
+
+Is it not wonderful that in face of such facts, the Court should have
+acted on Mr. Stokes’s chart or his evidence? Where Mr. Stokes had found
+“_deeper water_” he had marked on his chart a shoal, on which no admiral
+in his senses would have trusted a frigate, though the _Revenge_ and
+_Valiant_ line-of-battle ships, with five or six frigates had found
+plenty of water, and, whilst destroying two enemy’s ships, remained
+there through a whole tide without grounding! The following are extracts
+from the logs of the ships present.
+
+ “3·0 p.m. Shortened sail and anchored _in 7 fathoms_, near the outer
+ ship of the enemy, _Valiant_ in company.” (_Log of the_ Pallas.)
+
+ “3·30. Came to with the best bower _in 6 fathoms_.” (_Log of_
+ Valiant.)
+
+ “4·0. Anchored _in 5½ fathoms_.” (_Log of_ Unicorn.)
+
+ “3·30. Anchored _in_ 7 _fathoms_.” (_Log of_ Indefatigable.)
+
+ “2·30. Anchored _in_ 6 _fathoms_.” (_Log of_ L’Aigle.)
+
+The subjoined evidence of Mr. Spurling, the master of the _Impérieuse_,
+will render further allusion to the subject unnecessary.
+
+ “Where we anchored, which was _out of the reach of shot and shell_, we
+ lay _in five and a half fathoms at low water_. Three or four cables’
+ length _nearer_ to the Pallas Shoal than we lay, was a good berth for
+ three or four sail of the line to anchor in five and a half or six
+ fathoms _dead low water_. The marks for such anchorage I took myself.”
+ “I know this from my own observation. It was marked on the French
+ chart, but I did not choose to trust it, but wished to prove it. The
+ lead was kept going the whole of the time on both sides.”
+
+ PRESIDENT.—“What water did you find in working out between the tail of
+ the Pallas Shoal and the shoal towards the Boyart, when working to and
+ fro?”
+
+ “_From six and a half to seven fathoms._”
+
+ “Did you make any observation before you began to engage?”
+
+ “Yes. On the morning of the 12th I was desired by Lord Cochrane to lay
+ a buoy on the Boyart Shoal, which I did in _six and a half fathoms
+ water_, a sufficient distance to allow _any ship_ to tack round that
+ buoy.”
+
+The reader must not imagine that I am too minutely descending into
+particulars. I am writing history—naval history—in which Lord Gambier is
+nothing—myself less, except as unavoidably connected with the
+proceedings of the court-martial. I have no wish to speak of Lord
+Gambier where it can be avoided. The subject is, however, one in which
+the nation is collectively interested, and the national, no less than
+naval character, involved. Now that the justice of the Duke of Somerset
+has given me the means of incontrovertible explanation, I am personally
+gratified in availing myself of it; but I repeat that my object is now,
+as it ever was, national; and having at length those means, it is my
+duty, no less than my pleasure, to use them as a warning to future
+generations of the noble service to which I have the honour to belong.
+
+I must reluctantly turn for a moment to the evidence founded on Mr.
+Fairfax’s chart (D). First premising, that when Mr. Fairfax was asked to
+“state the situation of the enemy’s ships at noon,” he replied, that “at
+_eleven o’clock_ he went down below, and did not come up again till near
+two.” (_Minutes_, p. 143). That is, during the whole of the three hours’
+delay, and the consequent escape of the grounded ships, which
+constituted the question before the Court, Mr. Fairfax had been, by his
+own voluntary admission, in his berth, recovering himself from the
+fatigues of the previous night.
+
+During these three hours, as has been said, the _Océan_, three-decker,
+and the three other line-of-battle ships had _quietly hove off_, and
+were running into the Charente. This was proved by the concurrent
+testimony of _all_ the witnesses, and their escape formed the neglect,
+if any, of the Commander-in-chief. Yet Mr. Fairfax unblushingly
+testified that his chart showed their position on the morning of the
+12th, and that when at two o’clock he returned from his _three hours’
+nap_, the enemy’s ships were “NEARLY IN THE SAME POSITION as when he
+went below at _eleven o’clock_!” All the other witnesses, without
+exception, stating the fact that they had warped off and escaped beyond
+reach! Yet the Court made no comment on Mr. Fairfax’s evidence.
+
+When pressed to describe their position more minutely, Mr. Fairfax, with
+real or assumed indignation, replied, “_I have described them in the
+chart produced by me_.” The Court complacently declined further
+question, and Mr. Fairfax thus escaped the struggle between his chart
+and the truth, which had so much embarrassed Stokes, who had not the
+sagacity to perceive that his silence would have been more acceptable
+than his volubility.
+
+Mr. Fairfax’s minute description of the “nearly same position” of the
+ships which had _escaped while he was below!_ is yet more extraordinary.
+
+ “Were any of the enemy’s ships aground lying so close together as to
+ have the yards of two of them locked together?”
+
+ MR. FAIRFAX.—“By perspective those near the _Tonnerre_ seemed to be
+ _very close_. If you draw a line they appear in one.”
+
+ PRESIDENT.—“The question is, whether these two ships were lying so
+ close together that their masts and yards might be locked in, or
+ whether they were distinct?”
+
+ MR. FAIRFAX.—“They were _distinct at night_!”
+
+ “Were you in any situation which enabled you to determine that they
+ were _not_ near each other?”
+
+ MR. FAIRFAX.—“No; it was prior (_i. e._ before daylight) that I
+ distinguished them separate.”
+
+ “Can you determine _how far_ they were asunder?”
+
+ MR. FAIRFAX.—“I should think a ship’s length from each other, _those
+ three_.”
+
+Yet even the reluctant vision of Mr. Stokes, at a distance of nine
+miles, could perceive _at daylight_ four of the enemy’s vessels lying
+helplessly “in a group.” Mr. Fairfax—from whom a straightforward answer
+could not be got—said, when pressed, that amidst _pitch_ darkness, and
+by “_perspective_,” he could plainly distinguish them as distinct from
+each other; and was thus, with difficulty, made to tell almost the truth
+as to how they lay when driven ashore on the preceding night. He could
+see in the darkness that their yards were not locked together, but they
+were only “a ship’s length from each other”—a distinction almost without
+a difference.
+
+The whole affair was made to turn on the evidence of these two masters,
+Stokes and Fairfax, who unhesitatingly contradicted in that evidence the
+testimony of the most experienced officers present in the action, though
+the latter, had it not been for my pertinacity, as before described,
+_would not have been allowed to give evidence before the Court_. It has
+been shown that the charts of Messrs. Stokes and Fairfax were used to
+the exclusion of the actual charts of the enemy’s coast supplied under
+sanction of the Admiralty itself, because there were none more reliable
+in existence.
+
+It would be easy to extract from the evidence of Fairfax much more to
+the same effect; but the subject is nauseating, and the naval reader
+may, if he choose, search the _Minutes_ of the court-martial for
+himself. The young officer could scarcely occupy himself more
+profitably, if he wish to become acquainted with the practice of the
+service fifty years ago.
+
+A short extract from Mr. Fairfax’s evidence relative to the explosion
+vessel and the _Mediator_ is necessary, as Lord Gambier avowed in his
+defence that the “explosion vessels _failed in their object_;” and to
+corroborate this, Mr. Fairfax falsely placed on his chart the spot where
+the explosion took place, in a false position, in order to confirm to
+the _eye_ of the Court the asseverations of the Commander-in-chief in
+his defence. Like Mr. Stokes, Mr. Fairfax swore the _truth_ in his
+evidence in contradiction to his chart.
+
+The assertion of the Commander-in-chief in his defence, with regard to
+the explosion vessels, is as follows:—
+
+ “The explosion vessels, conducted by Lord Cochrane, _failed in their
+ object_, as will be seen with reference to the _small chart_ which I
+ now deliver into Court. (Mr. Fairfax’s chart D.) This points out where
+ two of them blew up. The situation in which, and the time when, those
+ vessels blew up, _proved prejudicial to the enterprise in several
+ respects_.... In fact, had not Captain Wooldridge and some of the
+ other officers, wholly disregarding the explosion, taken their
+ fireships in _a proper direction_ for the enemy, it is more than
+ probable that _none of them would have produced any effect on the
+ enemy’s fleet_.” (Lord Gambier’s Defence, _Minutes_, p. 124.)
+
+Lord Gambier uttered this with the full knowledge that NOT A SINGLE
+FIRESHIP DID TAKE EFFECT ON THE ENEMY’S FLEET, a fact which his lordship
+openly states in another part of his defence; so prematurely were the
+fireships kindled, and so badly were they directed. That Captain
+Wooldridge took his fireship in “a proper direction,” is wholly
+disproved by the very man upon whose chart his lordship relies; viz.
+Fairfax, who states in his evidence that _after_ the explosion had taken
+place he “_hailed the Mediator_ to ALTER HER COURSE, OR SHE WOULD MISS
+THE FRENCH FLEET!!
+
+I am sorry to bring such evidence as the subjoined to confute the
+unfounded assertions of a British admiral, but justice to myself leaves
+me no alternative.
+
+ QUESTION.—“Do you recollect when and where the explosion vessel blew
+ up on the night of the 11th of April?”
+
+ MR. FAIRFAX.—“She was about _two cables’ length from the Lyra_. The
+ _Lyra_ is marked in the chart produced by me, as well as the explosion
+ vessel. _When she blew up the fire vessels all seemed to steer for
+ that point_. I hailed four of them and the _Mediator_, and _desired
+ the Mediator to steer south-east, or else she would miss the French
+ fleet_.”
+
+Here Mr. Fairfax proved; 1st, that the explosion-vessel took effect
+before a single fireship was kindled. 2ndly, that the _Mediator_ was
+steering in a _wrong direction_, not a “_proper direction_,” as alleged
+by Lord Gambier. 3rdly, and that therefore the boom was destroyed before
+the _Mediator_ could have got near it. The _Mediator’s_ log is, however,
+luckily amongst the Admiralty records, and is carried up to the time the
+ship was set on fire, viz. 9·30 P.M., but not a word is said of breaking
+any boom, or even coming in contact with one, though had she done so the
+shock must have shook her from stem to stern. The subjoined are the
+_Mediator’s_ last log entries previous to her being set on fire.
+
+ “8·30 P.M. Cut the cable and made sail for the French squadron.
+
+ “9·30. _Set the ship on fire._”
+
+The preceding extract from Mr. Fairfax is taken from the “_revised_”
+minutes. He says: “_When the explosion vessel blew up all the
+fire-vessels seemed to steer from that point_.What he really said was,
+“_I was below at the time of the first explosion!_ which I supposed was
+some shells bursting in the top, but I got on deck time enough to see
+her blow up!” This was expunged, and the above version substituted. The
+fact was, as every seaman will comprehend in a moment, that there was
+not a grain of powder, or a single shell, anywhere but in _a mass in the
+hold_, and this, as a matter of course, exploded _in an instant_! I do
+not say that Mr. Fairfax can be accused of this perversion of his
+evidence, as it was evidently the work of the person who _revised_ the
+minutes for publication by a Portsmouth bookseller.
+
+The _Mediator’s_ log was taken out of her previously to her being set on
+fire, and is subsequently continued up to midnight, two hours and a half
+afterwards, but still not a word is mentioned of coming in contact with
+a boom. This should be conclusive on the subject, and it is not my fault
+that a fact beyond dispute, must necessarily disprove the asseverations
+of the Commander-in-chief in his defence before the court-martial.
+These, however, are both facts. Let the reader make the most of them.
+
+Yet in his letter to the Admiralty of April 14th, Lord Gambier stated
+that “the weight of the _Mediator_ broke the boom,” in that letter also
+ignoring the effect of the explosion vessels altogether. His Lordship
+says, in his defence, that they were _signals for the fireships_!! The
+subjoined are his Lordship’s words:—“Their explosion was to point out
+_the proper time for the officers commanding the fireships to set fire
+to their respective vessels_, and to intimidate and prevent the enemy
+from towing off the fireships.”[47] Three explosion vessels fitted at an
+enormous cost for ammunition, &c., to do that which a signal rocket
+could have done as well!! If the explosion vessels did not strike terror
+into the enemy assuredly nothing did, for at page 125 of his defence he
+admits that “_not one of the enemy’s ships was actually destroyed by
+means of fireships_.”
+
+Footnote 47:
+
+ _Minutes_, p. 123.
+
+This perseverance on the part of the Commander-in-chief in persisting
+that the explosion vessels “failed in their object,” though according to
+his own admission that the fireships failed also, was attempted to be
+corroborated by the evidence of Mr. Fairfax, but in a different way,
+viz. by swearing that she blew up at too great a distance from the enemy
+to produce any effect at all!
+
+ PRESIDENT.—“To the best of your judgment, what was the distance of the
+ explosion vessel from the enemy when she blew up?”
+
+ MR. FAIRFAX.—“About a mile.”
+
+ ADMIRAL YOUNG.—-“What sort of a night was it?”
+
+ MR. FAIRFAX.—“Very dirty, and blowing strong. The _Lyra_ was pitching
+ bows under.”
+
+ “Was the night light or dark?”
+
+ MR. FAIRFAX.—“_Very dark at intervals._”
+
+ “How then did you, in a _very dark night_, ascertain that the
+ explosion vessel blew up _within a mile_ of the enemy?”
+
+ MR. FAIRFAX.—“By her computed distance from us in the _Lyra_, judging
+ the distance she was from the enemy.” [_Minutes_, p. 177.)
+
+At first sight, these questions on the part of the Court seem impartial,
+but their object was to make Mr. Fairfax say that she might have been
+_more_ than a mile from the enemy, as appears from the subsequent
+evidence. Mr. Fairfax would not say this. He, however, placed her on his
+chart on this _“very dark” night near the Boyart shoal_, and not _close
+to the Ile of Aix and the boom_, where Captain Proteau, who was lying
+under the lee of the boom, says she blew up.
+
+Unfortunately for the veracity of Mr. Fairfax on this point, he had
+previous to the trial unwittingly written a letter to the editor of the
+_Naval Chronicle_, evidently not for publication, but in explanation of
+a chart. The editor of the _Naval Chronicle_, however, published the
+explanatory remarks, which are in complete contradiction to Mr.
+Fairfax’s evidence on the court-martial—in fact, this portion of the
+letter tells the truth in the following language:—
+
+ “I have it from good authority that the fuses on board one of the
+ explosion vessels only burned six minutes and a half, instead of
+ twenty.[48] Had they burned twelve minutes longer _nothing could have
+ been better placed_! I saw the French ships with lights up
+ _immediately after the explosion, before any of the fireships got
+ near_!!—EDWARD FAIRFAX.” (_Naval Chronicle for 1809_, vol. xxii. p.
+ 49.)
+
+-----
+
+Footnote 48:
+
+ This is incorrect. They were calculated to burn twelve minutes, and
+ exploded in about half that time.
+
+-----
+
+With this glaring contradiction between his evidence and his previous
+_honest_ assertion to the editor of the _Naval Chronicle_, I take my
+leave of Mr. Fairfax and the subject, being quite content to rest my
+character on the contradictory evidence of those suborned to serve the
+cause of an administration in want of the prestige of a victory, at the
+expense of truth and even common sense, had such been relied on in the
+investigation.
+
+I will conclude with the remark, that had I been permitted access to the
+charts _before the lapse of fifty-one years_ from the date of the
+action—or could I after the court-martial have prevailed on Parliament
+to investigate the matter, by demanding the production of the minutes of
+the court-martial before voting thanks to the Commander-in-chief, the
+Administration of that corrupt day would never have dared to treat me as
+an officer maligning my Commander-in-chief unjustly, nor to have
+followed up their malignity to its final consummation of driving me from
+the British Navy, on the imputation of an offence of which I had not the
+smallest cognisance, as will by and by appear as plainly, and I trust as
+satisfactorily, as do these extraordinary revelations concerning a
+court-martial which will stand a beacon and a warning to the naval
+service as long as that service may exist. God grant that the records of
+that noble service to the latest day of its existence may never again be
+sullied in like manner!
+
+
+
+
+ CHAP. XXVII.
+
+ CONDUCT OF THE COURT-MARTIAL.
+
+LORD GAMBIER’S DEFENCE.—SECOND DESPATCH IGNORING THE FIRST.—ATTEMPT
+ OF THE COURT TO STOP MY EVIDENCE.—EVIDENCE RECEIVED BECAUSE
+ OPPOSED TO MINE.—I AM NOT PERMITTED TO HEAR THE DEFENCE.—THE
+ LOGS TAMPERED WITH.—LORD GAMBIER’S DEFENCE AIMED AT ME UNDER AN
+ ERRONEOUS IMPUTATION.—MY LETTER TO THE COURT CONFUTING THAT
+ IMPUTATION.—ADMIRALTY ACCUSATION AGAINST LORD GAMBIER ON MY
+ REFUSAL TO ACCUSE HIS LORDSHIP.—HIS INSINUATIONS AGAINST ME
+ UNCALLED FOR.—ASSUMES THAT I AM STILL UNDER HIS COMMAND.—ENEMY
+ ESCAPED FROM HIS OWN NEGLECT.—THE SHOALS PUT IN THE CHART TO
+ EXCUSE THIS.—ATTEMPT TO IMPUTE BLAME TO ME AND CAPTAIN
+ SEYMOUR.—THE TRUTH PROVED BY CAPTAIN BROUGHTON THAT LORD GAMBIER
+ HAD NO INTENTION OF ATTACKING.—LORD HOWE’S ATTACK ON THE AIX
+ FORTS.—CLARENDON’S DESCRIPTION OF BLAKE.
+
+
+The most damnatory point connected with the court-martial is—that on
+finding me inflexible with regard to the vote of thanks to Lord Gambier,
+the Board of Admiralty ordered his lordship, AFTER HIS RETURN TO
+ENGLAND, to _write a second despatch containing fresh details of the
+action_! thus superseding the first despatch written by himself as
+Commander-in-chief at the time of the action!!
+
+With this extraordinary demand Lord Gambier appears to have gladly
+complied on the 10th of May, 1809; so that there are two despatches
+(Appendix A, _written on the spot_, and B, _written in England_), the
+first highly praising me for what I neither did nor intended to do—the
+second IGNORING MY SERVICES ALTOGETHER!! In fact, only mentioning me by
+name, as _lying “about three miles from the enemy.”_ One step more in
+the second despatch, viz. that I was not in Aix Roads at all! would only
+have been in keeping with the assertion just quoted. Were not these
+contradictory documents now adduced, the denial of such an act by
+suppressing all mention of it in the despatches would be incredible.
+Nevertheless, I fearlessly assert, that to my personal conduct of the
+explosion vessel was solely attributable the panic produced in the
+enemy’s fleet, and that such conduct was one of the most desperate acts
+on record. There, however, they are—printed in the Appendix at the end
+of this volume. The naval reader may regret their reproduction, as I do,
+for the sake of the service, but he can no more ignore them than I can
+pass them over.
+
+There is nothing like this in the records of the British or any other
+naval service, and the reasons for a precedent so unusual must
+themselves have been extraordinary. It is clear to me, that from the
+order of the Board of Admiralty to the Commander-in-chief to make a
+second report of the action in Aix Roads the court-martial took its cue.
+This may be a harsh conclusion, and perhaps would be so were it not
+corroborated by circumstances, not the least significant of which was,
+that the Commander-in-chief’s official report had been long before
+_published in the Gazette_! No naval reason to invalidate this official
+report was alleged, or could have existed.
+
+During my examination before the Court I alluded to the fact of having
+“reported to the Commander-in-chief the ruinous state of the Ile of Aix,
+it having the _inner fortifications completely blown up and destroyed_.
+This I not only ascertained from the deck of the _Impérieuse_ with
+perfect precision as to the side towards us, but also as to the opposite
+side, from personal observations made from the main-topgallant
+mast-head. There were thirteen guns mounted.” (_Minutes_, p. 58.)
+
+This evidence, if admitted, and its truth was fully proved by the
+testimony of other officers, completely confirmed Lord Gambier’s
+previous statement to the Admiralty, that “_the fortifications were no
+obstacle_.” But now it was expedient that these fortifications should
+constitute the bugbear which, as was asserted, would have destroyed any
+British ships sent in to attack the enemy’s ships aground! and that the
+issue of the court-martial mainly rested on establishing the formidable
+character of the fortifications, a second despatch was called for. When,
+in my evidence, I was explaining to the Court the little danger to be
+apprehended from these fortifications—one of the principal points before
+the Court, Admiral Young stopped me with the query, “Will you consider,
+my Lord Cochrane, before you go on, HOW FAR THIS IS RELEVANT?”
+
+On my insisting upon further explanation the Judge-Advocate attempted to
+stop me, by demanding—“CAN THIS RELATE TO THE QUESTION ASKED?” The
+President—seeing that I would not be stopped—remarked—“_Lord Cochrane
+states this as his reason for not taking a particular line of conduct_.”
+I stated it for no purpose of the kind, but to show that opposition from
+such fortifications was hardly worth taking into consideration, and thus
+continued:—
+
+ “I have felt that if I had answered ‘_Yes_’ or ‘_No_’ to all the
+ questions which had been put to me, I ought to be hung, and that if a
+ court-martial were held upon me and only the answers ‘_Yes_’ or ‘_No_’
+ appeared to those questions, I _should_ be hung for them.”
+
+ JUDGE-ADVOCATE.—“_I believe nobody has desired your Lordship to answer
+ merely ‘Yes’_ or ‘_No_!’”
+
+A still more striking instance of the animus of the Court was the
+following attempted stoppage of Captain Beresford’s evidence.
+
+ CAPT. BERESFORD.—“The only thing I know with respect to the _Calcutta_
+ being fired, was by a conversation between Lord Cochrane and myself in
+ the presence of Captain Bligh, Captain Maitland, and others.”
+
+ PRESIDENT.—“_Is this strictly evidence, Mr. Judge-Advocate?_”
+
+ JUDGE-ADVOCATE.—“_Yes! I should think it is_; BECAUSE I CONCEIVE IT IS
+ TO AFFECT THE EVIDENCE OF LORD COCHRANE!!!” (_Minutes_, p. 163.)
+
+At the present day such proceedings in any tribunal would be thought
+impossible. There, however, they are on record—showing that the
+openly-avowed object of the court-martial was the suppression and
+invalidation of my evidence by any means that could be brought to bear,
+rather than an inquiry into the conduct of the Commander-in-chief on the
+merits of the case.
+
+One point more must be noticed, relative to the manner in which the
+Court was conducted. Having reason to believe, as has been shown, that
+the inquiry was being directed against myself, I was naturally anxious
+to be present at the reading of the Commander-in-chief’s defence, in
+order to judge how far I might thereby stand affected. With this view I
+presented myself at the Court on the fifth day of the inquiry, when it
+was known that the defence would be made.
+
+To my surprise the Court saw fit to refuse the privilege.
+
+ PRESIDENT.—“All the witnesses must withdraw.”
+
+ LORD COCHRANE.—“With all due respect to the Court, in some former
+ courts-martial the witnesses have been permitted to hear the defence.”
+
+ PRESIDENT.—“_I never heard such a thing in my life._ The Court have
+ ruled the point.”
+
+ LORD COCHRANE.—“The case of Admiral Harvey is a case in point.”
+
+ PRESIDENT.—“Lord Cochrane, the Court have determined the contrary.”
+
+ “(_Lord Cochrane withdrew_”.) (_Minutes_, p. 105.)
+
+One of my reasons for wishing to be present was to ascertain what use
+would be made of the logs of the small vessels present in the action; it
+being quite clear from circumstances which had come to my knowledge that
+some of these had been tampered with. As such an assertion may readily
+be doubted, it must be confirmed.
+
+When Mr. Earp inspected the logs at the Record Office, several, for the
+date of the action, were found missing from the log books. One—the log
+of a line of battle ship—_had been torn out and was put back loose_!
+This, however, is after-knowledge, I will rather rest the matter on
+circumstances at the time.
+
+When the master of the _Beagle_ was under examination, the subjoined
+conversation took place:—
+
+ PRESIDENT (_to the Master_).—“Were these things written (in the log)
+ day by day as they occurred?”
+
+ MASTER.—“Yes; everything was written every day at twelve o’clock.”
+
+ “Then what is called the log of the 6th of April _was_ written on the
+ 6th of April?”
+
+ MASTER.—“Yes.”
+
+ “And what is inserted here as of the 7th, _was_ written on the 7th in
+ this book?”
+
+ MASTER.—“Yes.”
+
+ “Is this the identical book into which it was copied from the board?”
+
+ MASTER.—“Yes.”
+
+ “And there never was any other log-book kept?”
+
+ MASTER.—“No.”
+
+ “Who kept this?”
+
+ MASTER.—“I kept it myself.”
+
+ PRESIDENT.—“It is written so fair and so neat that _it bears every
+ mark of being a fair copy_!”
+
+ JUDGE-ADVOCATE.—“_I tell the gentleman I am sure no imputation rests
+ upon him!_”
+
+ PRESIDENT.—“No; _not the least_!”[49] (_Minutes_, pp. 30, 31.)
+
+-----
+
+Footnote 49:
+
+ Inspection of more than one of the logs can leave no doubt, from the
+ neatness of the handwriting, that those relating to the date of the
+ action had been recopied, and could not have been written from day to
+ day; which from the difference in the pen and other little
+ circumstances must have shown itself as in other logs. In one instance
+ portions of the signal book have been transcribed into the ship’s log.
+ G.B. EARP.
+
+-----
+
+It was nevertheless a fact that it _had_ been tampered with, as was
+unwittingly elicited by Mr. Bicknell from the same witness.
+
+ QUESTION.—“You say, on your oath, that you believe everything in this
+ log to be correct.”
+
+ MASTER.—“Yes.”
+
+ QUESTION.—“How does it happen that the signals of the _Impérieuse_ are
+ inserted in the margin of the log amongst the columns, and _not in the
+ body of the log_?”
+
+ MASTER.—“I wrote that _at the same time the log was written_!”
+
+ “Why did you not put it in the body of the log in the narrative?”
+
+ MASTER.—“_I made a mistake!_ in copying it from the log-board!”
+ (_Minutes_, pp. 29, 30.)
+
+It will thus be seen that my most material testimony was attempted to be
+stopped by the Court as “irrelevant;”—that the Judge-Advocate gave as a
+reason for receiving testimony _really irrelevant_, that it _ought_ to
+be received because “_it would affect the evidence of Lord
+Cochrane_;”—that garbled logs were resorted to—that the whole
+proceedings were directed against me, and carefully in favour of Lord
+Gambier, by leading questions which abound in almost every page, that I
+was not allowed to be present whilst the witnesses were under
+examination, so that I had no opportunity of cross-examining them in my
+own vindication—a right granted to every man by the constitution of his
+country; and that I was _refused admission_ to the Court during the
+delivery of Lord Gambier’s defence, _by the Judge-Advocate himself_! a
+most unusual course, that defence being full of the most injurious
+insinuations against my honour, though these were not borne out by
+evidence. In short, I was refused admission to the Court, though I
+quoted a precedent _not two months old_, in support of my right to be
+present—a right the more important to me if only from the fact of Lord
+Gambier having written a second despatch relative to the action in Aix
+Roads, in which despatch my services were altogether omitted,
+notwithstanding his lordship’s praises of my conduct in his first
+despatch written on the spot, where everything had transpired under his
+own observation.
+
+I must now briefly advert to his lordship’s defence, but only so far as
+personally concerns myself.
+
+Lord Gambier stated at the outset of his defence, that he had been
+compelled to demand a court-martial in consequence of “the insinuations
+thrown out against him by Lord Cochrane, which not only compromised his
+own honour, but that of brave officers and men serving under his
+command.” (_Minutes_, p. 105.)
+
+I never threw out against his lordship a single insinuation, nor does
+one exist, either on the records of the Court or elsewhere. I merely
+told Lord Mulgrave, as narrated in the first volume, that I did not
+consider Lord Gambier’s services worthy of a vote of thanks from
+Parliament, and that on this ground, as bound by public duty to my
+constituents, I should resist it. As will presently be seen, this was
+also the opinion of many eminent men in Parliament, and on the same
+ground too—that of public duty. If I committed any offence in this, it
+was that of refusing to have my name coupled with that of Lord Gambier
+in the vote of thanks, and resisting an offer of an independent squadron
+and a regiment[50], not to persist in my determination of opposing it.
+
+-----
+
+Footnote 50:
+
+ See vol. i. p. 404.
+
+-----
+
+That my objection to the vote of thanks to Lord Gambier included any of
+the officers serving under him was a gratuitous assumption to secure
+sympathy for himself. As I have shown, the opinions of those officers
+present in the action, whose opinions were to be relied on, were
+_anything but in Lord Gambier’s favour_. Not a single word did I utter
+against any officer; though, on the ninth and last day of the
+court-martial, it was with the greatest difficulty, and _after a
+positive refusal_, that I succeeded in getting a denial of Lord
+Gambier’s unfounded assertion attached to the Minutes. It will be better
+to give the whole transaction.
+
+ The Right Honourable Lord Cochrane called in.
+
+ PRESIDENT.—“Lord Cochrane, I have received the note which you
+ addressed to me, and have taken the sense of the Court upon it. The
+ decision of the Court is, that as the matter to which your lordship
+ refers _does not at all bear upon the trial of Lord Gambier they
+ cannot enter into it_.”
+
+ LORD COCHRANE.—“I would request, sir, that that letter may appear as
+ an official letter to you, and that it may be entered upon the
+ Minutes.”
+
+ PRESIDENT.—“The Court will take that into their consideration.”
+
+ The Court was cleared.
+
+ The Court was re-opened at one o’clock.
+
+ PRESIDENT.—“Lord Cochrane, the Court have taken into their
+ consideration the note you addressed to them, and have agreed that it
+ shall be attached to the Minutes.”
+
+ The letter was read, and is as follows:—
+
+ “August 4, 1809.
+
+ “SIR,—Having learnt from my brother officers that a report has gone
+ abroad that I censured, in general terms, the conduct of the officers
+ employed in the Road of Aix, on the 12th of April, I wish to have an
+ opportunity to declare the truth on oath; considering reports of that
+ nature highly injurious to the service of our country. I am also
+ desirous to lay before the Court the orders given to the fireships for
+ their guidance, as these will tend to elucidate and clear some of
+ those who consider that blame has been imputed to them.
+
+ “I have the honour to be, sir,
+ “Your most obedient humble servant,
+ “COCHRANE.
+
+ “Admiral Sir Roger Curtis, President.”
+
+Let the reader mark that expression of the president, “_it does not at
+all bear upon the trial of Lord Gambier!_” Though the very first
+sentence of Lord Gambier’s defence was an accusation of myself upon an
+assumption for which there was no foundation whatever. Nothing but fear
+of a parliamentary debate caused that letter to be attached to the
+Minutes.
+
+So clumsily was this accusation made against me, that Lord Gambier,
+despite the unwarrantable assumption just quoted, subsequently admitted
+my objection to the vote of thanks to have _been solely aimed at
+himself_, and not, as he had just said, at the officers and men of the
+fleet. Here are his lordship’s words:—
+
+ “Lord Cochrane _warned_ the noble lord at the head of the Admiralty
+ that if this measure (the vote of thanks) were attempted he should, if
+ standing alone, oppose it; thus, without specifically objecting to
+ thanks being given for the service performed, directing his hostility
+ _personally at me_.” (_Minutes_, p. 107.)
+
+That is—I should not have objected to a vote of thanks to the officers
+and men of the fleet, but only to himself _personally_. Yet in the same
+breath he accused me of traducing the officers and men of the fleet;
+with the intention, no doubt, of sheltering himself under the pretence
+of my having traduced them also. Could anything be more puerile? I gave
+no other “_warning_” to Lord Mulgrave than that which Lord Gambier
+correctly stated, and that I certainly did give, but without a word
+which could give rise to the slightest imputation on the officers and
+men of the fleet.
+
+The fact is, that I never accused Lord Gambier at all, _not even to Lord
+Mulgrave_, to whom I only expressed an intention of opposing a
+parliamentary vote of thanks. It was the Board of Admiralty who accused
+him. Here are their accusations in full:—
+
+ “_By the Commissioners for executing the office of Lord High Admiral
+ of the United Kingdom of Great Britain and Ireland, &c._
+
+ “Whereas Admiral the Right Hon. Lord Gambier has, by his letter to our
+ Secretary, of the 30th of May, 1809, requested that his conduct, as
+ Commander-in-chief of the Channel Fleet employed in Basque Roads,
+ between the 17th day of March and the 29th day of April, 1809, may be
+ inquired into by a court-martial:
+
+ “And whereas, by the log-books and minutes of signals of the
+ _Caledonia_, _Impérieuse_, and other ships employed on that service,
+ _it appears to us_ that the said Admiral Lord Gambier, on the 12th
+ day of the said month of April, the enemy’s ships being then on
+ shore, and the signal having been made that they could be destroyed,
+ did, for a considerable time, neglect or delay taking effectual
+ measures for destroying them: We, therefore, in compliance with his
+ lordship’s request, and _in consequence of what appears in the said
+ log-books and minutes of signals_, think fit that a court-martial
+ shall be assembled for the purpose of examining into his lordship’s
+ conduct, and trying him for the same: We send you herewith his
+ lordship’s said letter, and also his letter of the 10th of the said
+ month therein referred to, together with an attested copy of a
+ letter of our Secretary, dated the 29th of last month, and addressed
+ to Lord Cochrane, and his lordship’s reply thereto, with the
+ log-books and minutes of signals above-mentioned: and we do hereby
+ require and direct you to assemble a court-martial on Monday the
+ 19th day of this month (if the witnesses shall be then ready, and if
+ not then ready, as soon after as they shall be so) to try the said
+ Admiral the Right Hon. Lord Gambier, for his conduct in the instance
+ hereinbefore mentioned; and also to inquire into his whole conduct
+ as Commander-in-chief of the Channel Fleet employed in Basque Roads,
+ between the 17th day of March and the 29th day of April, 1809, and
+ to try him for the same accordingly.—Given under our hands the 5th
+ day of June, 1809.
+
+ (Signed) “MULGRAVE.
+ “R. BICKERTON.
+ “WM. DOMETT.
+ “R. MOORSOM.
+
+ “To Sir Roger Curtis, Bart., Admiral
+ of the White, and Commander-in-chief
+ of his Majesty’s ships and vessels
+ at Spithead and in Portsmouth
+ Harbour.
+
+ “By Command of their Lordships,
+ “W.W. POLE.”
+
+There is nothing here from which it can be inferred that—to use Lord
+Gambier’s own words in his defence—I had driven him “to defend himself
+against the _loose and indirect accusations_ of an officer so much his
+inferior in rank.” I had made no accusation whatever against him, having
+merely and only declared that the service rendered was not worth the
+thanks of Parliament; the frequency of such thanks for trifling service
+being at that period so notorious as to become subject for sarcasm, as
+will appear in the next chapter. Had Lord Gambier construed my
+parliamentary opposition rightly, he might have thanked me for saving
+him from himself, and would have done so, had not his peculiar failing,
+vanity, demanded an ovation for services which under evil advice he had
+prevented from being fully consummated. So far from accusing Lord
+Gambier, _I was ordered by the Admiralty to do so_, and refused, to my
+own detriment[51]; telling the Board _to go to the logs of the fleet,
+and frame their own accusations, if they had any_. Yet, even this
+consideration did not prevent Lord Gambier from giving utterance to the
+following bombast;—
+
+-----
+
+Footnote 51:
+
+ See vol. i. p. 407.
+
+-----
+
+ “Whether Lord Cochrane supposed that he might with impunity endeavour
+ to lower me in the opinion of my country and of my sovereign, signal
+ marks of whose favour had at that instant been exclusively conferred
+ upon himself,—whether his Lordship thought to _raise his own
+ reputation at the expense of mine_,—and whether he expected that his
+ threat would intimidate me to silence, I know not.” (_Minutes_, p.
+ 108.)
+
+How could I “raise my own reputation” at the expense of Lord Gambier,
+who had, in his first despatch, said that my conduct in the action of
+Aix Roads “could not be exceeded by any feat of valour hitherto achieved
+by the British navy;” though in his second despatch, substituted for the
+first after his return to England, and that too by order of the Board of
+Admiralty, he only remembered that I “lay with my ship about three miles
+from the enemy!” His lordship was not once within gunshot of the enemy,
+whilst my frigate was throughout engaged, and for some time
+single-handed, against two line-of-battle ships, and a fifty gun ship,
+the _Calcutta_, which I captured.
+
+So far from “raising my reputation at the expense of Lord Gambier’s,” I
+voluntarily stated on the court-martial, that “the feelings of Lord
+Gambier for the honour and interest of his country were as strong as my
+own.” (_Minutes_, p. 40.) For which mark of good nature, his lordship
+said in his defence, that even “in the present proceedings, Lord
+Cochrane stands in a situation only as an officer _under my command_!”
+(_Minutes_, p. 107) the meaning of which evidently was that I ought not
+to say anything but by order. The expression could not have had any
+other meaning.
+
+I will not enter further into Lord Gambier’s unfounded recriminations
+upon myself, further than to remark, that even had they any foundation,
+in no way did they bear upon the subject of the trial, much less were
+they in any way connected with his defence to the inquiry as to _why it
+was, that with a favourable wind, a rising tide, and plenty of water, he
+had refrained from attacking eleven ships helplessly ashore, allowing
+all but three to escape? This was the inquiry before the court, which,
+departing from the subject of inquiry, connived at its being substituted
+for recriminations on me for accusing Lord Gambier—though I had never
+done so._
+
+Upon the real point Lord Gambier in his defence wisely abstained from
+trusting himself, except in such terms as the following. “_If_ he had
+sent in any ships, and they should have been necessitated to remain a
+whole tide in the Roads of Aix; _if_ they had been crippled in going in;
+_if_ the wind, which was favourable for carrying them in, should not
+have shifted so as to bring them out again; and that even, _if_ the wind
+were fair and they should lose their foremasts, the crews would not have
+been able to get the ships before the wind.” To this, I will add that
+“_if_,” instead of conjuring up these absurd dangers to be apprehended
+from an enemy of whom Lord Gambier had said to Captain Broughton, that
+they were “_already destroyed_,” his Lordship had sent in ships to
+finish the work, the court-martial would never have been heard of, and
+he would have enjoyed a legitimate triumph. I was not his enemy. Those
+who persuaded him not to second my efforts were so unquestionably.
+
+Quitting these “_ifs_,” and calculations of possible risk and
+conjectural disasters, one or two points professionally connected with
+the defence remained to be noticed.
+
+Lord Gambier knew, that during the ebb and rising tide, the enemy’s
+ships ashore were preparing to warp off with the flood, and he also knew
+that the only two enemy’s ships at anchor, the _Foudroyant_ and
+_Cassard_, which at the court-martial were converted into bugbears to
+the whole British fleet, would be prepared in case of the attack which
+they naturally expected, to cut or slip, and so run for the mouth of the
+Charente as they did, the moment the ships aground had warped off and
+escaped.
+
+When the British fleet weighed from Basque Roads, the enemy was, as
+Captain Broughton testified “_panic struck_.” When, in place of
+proceeding straight on to the attack, the British ships _came to an
+anchor_ in Little Basque Roads, the enemy, as their own writers declare,
+considered “_la mollesse de Lord Gambier_” an unexpected stroke of good
+luck, and set energetically to work to warp off their ships from the
+bank on which they were stranded. As Captain Broughton rightly says, had
+the frigates and smaller vessels been _then_ sent in, and a
+demonstration only made of others ready to follow, the destruction of
+the whole must have been complete. This is neither a matter of naval
+tactics nor science, but a commonplace consequence. It was this which
+caused Captain Malcolm to say, “Had it appeared to me that there was no
+other chance of destroying them, but by such an attack, _I certainly
+think it ought to have been made_.” (_Minutes_, p. 211.) And again, “Had
+they been attacked by the British ships, they could not, in my opinion,
+_have been warped off from the shore_, as to do so, it was necessary to
+lay out anchors to heave them off.” (_Ibid._) There are no “_ifs_” or
+contingent disasters in Captain Malcolm’s opinion, which, as Captain
+Hutchinson pertinently remarks, was that of every officer in the fleet.
+
+But even after the enemy’s ships had escaped, and the two at anchor, the
+_Foudroyant_ and _Cassard_ _had_ run for the Charente, the
+Commander-in-chief allowed an hour and a half to escape before a single
+ship was sent into the inner roads, nor would any have been sent at all
+had not I taken the _Impérieuse_ in alone, and then hoisted the signal
+“in want of assistance.” Had not this been done, not a single ship of
+the enemy’s fleet would have been destroyed, unless from the
+impossibility of getting her again afloat, and I am not aware that any
+such instance occurred.
+
+To excuse this neglect, the hypothesis of banks and shoals, in the
+charts of Messrs. Stokes and Fairfax was resorted to, for they neither
+existed in the French charts, nor in reality. Coupled with this was the
+alleged danger of point blank shot from the dilapidated batteries!
+
+“Scarcely,” says Lord Gambier, “had the _Cæsar_ reached Aix Roads,
+before she grounded, and _lay in a perilous situation exposed to the
+point blank shot of the batteries_.” (_Minutes_, p. 128.) Unfortunately
+for this hypothesis, a careful search in the _Cæsar’s_ log shows that
+_she was never once touched by shot or shell!!_ and that in place of
+grounding in Aix Roads, she grounded on the Boyart Sand—on her way to
+Aix Roads—and that she lay there beyond the reach of shot; thus proving
+what other officers testified, viz. that there was plenty of room in the
+channel to avoid shot. The _Cæsar_ only went a few feet too far, and
+came off next morning without damage of any kind.
+
+A still less worthy part of the defence was, in laying the fault on
+myself and Captain, now Admiral Seymour, of the _Pallas_ that nothing
+more was done. “Lord Cochrane,” says the Commander-in-chief, “_remained_
+in the Road of Aix, during the 13th and 14th, accompanied by the
+_Pallas_, sloops and gun-brigs, but nothing was attempted by those two
+frigates.” (_Minutes_, p. 129.) The fact was, that in the fight with the
+line-of-battle ships destroyed on the evening of the 12th, before any
+assistance came, the _Impérieuse_ was severely damaged, so much so, as
+to occupy the whole of the 13th in repairs. This was why Admiral Seymour
+so gallantly stood by us, and the 14th was occupied in vain attempts
+even then to get a force sent in. Had Admiral Seymour run the _Pallas_
+alone amongst the line-of-battle ships which remained, at the mouth of
+the Charente, he would not have earned the high reputation he now
+enjoys. But when Lord Gambier threw out this questionable insinuation,
+he forgot to mention that Admiral Stopford lay at a short distance with
+two line-of-battle ships and half a dozen frigates, besides having our
+two frigates and all the smaller vessels under his command. Had Admiral
+Stopford been asked why, with such a force under his orders, he remained
+inactive, the reply would have not been to the Commander-in-chief’s
+credit. Admiral Stopford would not have been a spectator only, could he
+have helped himself.
+
+I now quit this miserable subject for ever. The real fact is, that from
+over-persuasion of those who were jealous of a junior officer
+originating and being appointed to carry out plans deemed impossible by
+others, Lord Gambier declined to second my efforts, as Admiral Austen
+has plainly said in his letter previously quoted, the fact being as
+completely confirmed by Captain Hutchinson. This decision of his
+lordship was no doubt arrived at, when a council of officers were
+summoned on board the flag-ship, on the morning of the 12th, at which
+time the enemy’s fleet was lying helplessly ashore.
+
+That, after such council, his Lordship never intended to make _any
+attack at all_ on the French ships, is proved _beyond question_, by the
+subjoined testimony of Captain Broughton.
+
+ “A ship or two might have been placed, in my opinion against the
+ batteries on the southern part of Ile d’Aix, so as to take off their
+ fire AND SILENCE THEM. I mentioned to Sir H. Neale, when the signal
+ was made for all captains in the morning, that I thought _they were
+ attackable_—speaking of the confused state in which the French ships
+ appeared to be at the time.”
+
+ “_I heard my Lord Gambier the same morning say_ (at this council) _it
+ had been his intention to have gone against the batteries I now speak
+ of, but as the enemy were on shore he did not think it necessary to
+ run any unnecessary risk of the fleet when the object of their
+ destruction seemed to be already obtained_.” (_Minutes_, pp. 221,
+ 222.)
+
+That is, he admits my exertions to have destroyed the French fleet,
+(which was not destroyed—all except three ships having escaped) and
+plainly tells Captain Broughton that _he will do nothing more_! This
+should for ever decide the point.
+
+If, however, proof be still wanted of the utter worthlessness of any
+opposition in the power of the enemy to offer, whether by fortifications
+or ships, it is to be found in the following statement at the close of
+Lord Gambier’s defence:—
+
+ “I conclude by observing that the service actually performed has been
+ of great importance, as well in its immediate effects as in its
+ ultimate consequences; for the Brest fleet is so reduced as to be no
+ longer effective. It was upon this fleet the enemy relied for the
+ succour and protection of their West India colonies, and _the
+ destruction of their ships was effected in their own harbour, in sight
+ of thousands of the French. I congratulate myself and my country that
+ this important service has been effected, under Providence, with the
+ loss only of ten men killed, thirty-five wounded, and one missing._
+ NOT EVEN ONE OF THE SMALLEST OF OUR VESSELS EMPLOYED HAS BEEN DISABLED
+ FROM PROCEEDING ON ANY SERVICE THAT MIGHT HAVE BECOME NECESSARY.”
+ (_Minutes_, p. 138.)
+
+By this voluntary admission of Lord Gambier I am willing to be
+judged—feeling certain that posterity will be as fully convinced of the
+inability of the enemy to inflict material damage on our ships, as was
+Lord Gambier himself, according to his own testimony, as quoted in the
+above passage. As Lord Gambier truly says, no damage worth mentioning
+_was_ done to any of our ships, to which I shall add, that at no period
+after the enemy’s ships were driven ashore were they in a condition to
+inflict damage. This his lordship not only admits, but _proves_, in the
+concluding paragraph of his defence, and yet the whole point of the
+trial is made to rest on the surmise that had Lord Gambier done
+_anything_ against the enemy’s ships aground, _the destruction of the
+British force must have been the consequence_. That is, _by doing
+nothing the enemy’s ships were destroyed; though by doing anything our
+own would have been in danger_!!!
+
+The subjoined chart B will show, at a glance, the whole affair.
+
+ CHART B
+
+ ---
+
+ ISLE D’AIX AND LES PALLES,
+
+ Being a tracing from the official French Chart, and showing the
+ positions of the enemy’s ships as they lay ashore on the morning of the
+ 12th of April 1809, previous to their escape.
+
+[Illustration: London: Richard Bentley: 1860.]
+
+ A. _Ocean_ three-decker and group on the north-west edge of the Palles
+ Shoal. These were permitted to escape.
+
+ B. _Calcutta_, captured by the _Impérieuse_ and set on fire.
+
+ C. _Ville de Varsovie_, hauled down her colours to the assisting
+ ships. Afterwards burned.
+
+ D. _Tonnerre_, ditto, ditto.
+
+ The last three were destroyed _on the falling tide_, but no others!
+ These being the only enemy’s ships which, after the escape of the
+ other four, remained assailable.
+
+ E. The position taken up by the _Impérieuse_, she being at the time of
+ the arrival of the assisting force engaged with the _Calcutta_, and
+ with the other two ships.
+
+ F. Position of the British ships sent in after the _Ocean_ and group
+ had warped off, viz. within pistol shot of the sand on which the
+ escaped ships lay till 1 p.m. aground.
+
+The best comment, perhaps, on the whole affair of Aix Roads is what had
+previously been effected with a less force than that under Lord Gambier,
+and when the fortifications were perfect. The subjoined historical facts
+should for ever put an end to all controversy on the subject, and at the
+same time to the untenable defence set up at this memorable
+court-martial.
+
+ “A well-planned and vigorous attack on the coast of France being in
+ 1757 much desired, with a view to give a decisive blow to the marine
+ of that kingdom (_the very purpose for which Lord Gambier was sent,
+ and which Lord Mulgrave especially impressed on me_), a fleet was
+ ordered to be got in readiness, under the command of Sir E. Hawke,
+ Rear-Admiral Knowles being appointed second in command. On the 20th of
+ September the fleet made the Island of Oleron, and Sir E. Hawke
+ ordered the Vice-Admiral to proceed to Basque Road, to stand in _as
+ near_ to Ile d’Aix as the pilot would carry him, with such ships of
+ his division as he thought necessary, and _to batter the fort, until
+ the garrison should either abandon it or surrender_.”
+
+ “On the 22nd of September the fleet entered the bay called the Road of
+ Basque, between the islands of Rhé and Oleron. _About eight the next
+ morning_ Admiral Knowles in the _Neptune_, with the _Magnanime_,
+ _Barfleur_, _America_, _Alcide_, _Burford_, and _Royal William_, _made
+ sail towards Aix_. Captain Howe (_afterwards Earl Howe_) in the
+ _Magnanime_ led the van. At _half-past twelve_ the fort upon the
+ island began to fire, but he continued to advance without exchanging a
+ single shot, continually urging his pilot to lay his ship as close to
+ the fort as possible. _He dropped his anchor under the very walls._ It
+ was, however, near an hour before the fort struck its colours.”
+ (_Biographical Memoir of Earl Howe in the Naval Chronicle_, vol. i.
+ 1799; see also _Campbell’s Lives of the Admirals_.)
+
+This was the very fort, only now _in ruins_,—or to use Lord Gambier’s
+words, “_no obstacle, from the dilapidated condition of the
+fortifications_”—that his lordship adduced as a reason for not
+endangering the British fleet by exposing the ships to its fire. Admiral
+Harvey had perhaps Lord Howe’s exploit in his mind’s eye when he told
+Lord Gambier to his face that “had Nelson been there, he would not have
+waited for fire-ships, but would have dashed at once at the enemy;” an
+assertion of which there can be no doubt, though poor Harvey was
+dismissed the service for this and similar opinions.
+
+Another extract, from Lord Clarendon’s remarks on Admiral Blake, shall
+close the subject.
+
+ “He despised those rules which had been long in practice, to _keep his
+ ship and men out of danger, which had been held in former times a
+ point of great ability and circumspection; as if the principal art
+ requisite in the captain of a ship had been to be sure to come home
+ safe again_! He was the first man who brought ships to contemn
+ _castles on shore_, which had been thought ever very formidable, and
+ were discovered by him to _make a noise only, and to fright those who
+ could be rarely hurt by them_.” (CLARENDON’S _History of the
+ Rebellion_.)
+
+
+
+
+ CHAP. XXVIII.
+
+ THE VOTE OF THANKS.
+
+MY MOTION FOR MINUTES OF COURT-MARTIAL.—MR. TIERNEY’S OPINION RESPECTING
+ THEM.—MR. WHITBREAD’S VIEWS.—THE MINUTES INDISPENSABLE.—MR.
+ WILBERFORCE ON THE SAME POINT.—LORD GREY’S OPINION OF THE
+ MINISTRY.—THE VOTE OF THANKS LEAVES OUT MY NAME, YET THE CREDIT OF
+ THE AFFAIR GIVEN TO ME.—INCONSISTENCY OF THIS.—I IMPUGN THE DECISION
+ OF THE HOUSE.—SIR FRANCIS BURDETT’S OPINION.—MR. WINDHAM’S.—LORD
+ MULGRAVE TURNS ROUND UPON ME.—HIS LORDSHIP’S MISREPRESENTATIONS.—YET
+ ADMITS THE SERVICE TO BE “BRILLIANT.”—LORD MULGRAVE REBUKED BY LORD
+ HOLLAND.—EARL GROSVENOR’S VIEWS.—LORD MELVILLE HITS UPON THE TRUTH,
+ THAT I, BEING A JUNIOR OFFICER, WAS LEFT OUT.—VOTE OF THANKS IN
+ OPPOSITION TO MINUTES.—THE VOTE, THOUGH CARRIED, DAMAGED THE
+ MINISTRY.
+
+
+From this time forward I never trod the deck of a British ship of war at
+sea, as her commander, till thirty-nine years afterwards I was appointed
+by her present most gracious Majesty to command the West India squadron;
+the greater portion of the interval being marked by persecution of which
+the court-martial on Lord Gambier was only the starting-point.
+
+The commencement of the parliamentary session in 1810, was remarkable
+for its votes of thanks, and the refusal of all information which might
+justify them. This led Lord Milton to declare in the House of Commons,
+that “votes of thanks, from their frequency, had lost their value, and
+ceased to be an honour. They had got so much into the habit of voting
+thanks that it was almost an insult not to vote them.” (Feb. 1st.)
+
+On the 25th of January 1810, Lord Grenville adverted in the House of
+Lords to notice of motion for a vote of thanks to Lord Gambier, for
+_his_ services in destroying the enemy’s ships in Basque Roads; and
+observed that as the last intimation on the journals respecting Lord
+Gambier was his arrest, it would be necessary that the _Minutes_ of the
+court-martial should be laid before the House, in order to enable it to
+judge of the necessity for a vote of thanks. To this Lord Mulgrave
+strongly objected, on the ground that it “would appear as if it was
+wished to retry the case.” Laying the sentence of acquittal only before
+the House, said his lordship, would be “sufficient to render their
+proceedings regular, and would answer all the purposes of the noble
+lord.” With this the House was obliged to be content, though how that
+sentence had been obtained the reader is now made aware.
+
+On the 29th of January, in pursuance of notice previously given, I made
+a motion for the production of the _minutes of the court-martial_ in the
+House of Commons; as being, from the extraordinary discrepancy between
+the nature of the evidence and the sentence, absolutely necessary, in
+order to enable members fairly and impartially to decide whether the
+thanks in contemplation of ministers _were due_ to Lord Gambier for the
+part he took in what had been by them denominated a victory in Basque
+Roads.[52]
+
+-----
+
+Footnote 52:
+
+ The action took place in Aix Roads. The only victory gained by Lord
+ Gambier in Basque Roads was that of bringing his ships to anchor there
+ whilst the enemy’s ships were quietly heaving off from the banks on
+ which they had been driven, nine miles distant from the fleet.
+
+-----
+
+In support of this production of the minutes, I adverted to a previously
+expressed opinion of the Chancellor of the Exchequer (Mr. Perceval),
+that Lord Gambier had been honourably acquitted, but that an officer’s
+having done no wrong _did not entitle him to the thanks of the House_;
+which, if bestowed on trifling, or, indeed, on any but brilliant
+achievements, would dwindle into contempt, even with those on whom they
+should be conferred. Votes of thanks were already lightly esteemed in
+the Navy, and I pledged myself—if the House would insist on the
+production of the minutes—to prove that “Lord Gambier’s defence was
+contradicted by itself—by his lordship’s official letters—and by his own
+witnesses; many of whom, as to essential facts, were at variance with
+themselves and with each other.” Lastly, I undertook to prove to the
+House, that the chart of the 12th of April was “in a most material point
+false—and in every respect a fabrication.”
+
+I will not inflict on the reader a recapitulation of the long discussion
+which followed, but the opinions of some whose names are to this day
+held in respect are too much to the point to be passed over. The opinion
+expressed by Mr. Tierney is so remarkable that I shall give it entire as
+reported.
+
+ “The question was not as to the noble lord’s (Gambier) innocence, but
+ as to his claim to a most distinguishing reward. The honours of the
+ House were high things, dear and valuable; but dear only because they
+ implied merit, valuable only because that merit must be rare. Honours
+ too frequently bestowed lost their value, and became signs of nothing
+ but the weakness which lavished them, or the worthlessness on which
+ they were to be thrown away.
+
+ “He would vote for the minutes, but in his vote he begged to be
+ understood as merely calling for matter to enable him to shape his
+ opinion. He could mean no slight to Lord Gambier. He respected his
+ lordship’s character. He had some opportunities of hearing him spoken
+ of, and it was always in a high strain of praise and estimation. But
+ he had never understood that Lord Gambier took _any share_ of the
+ merit of the achievement to himself. _He had not approached the French
+ fleet nearer than seven miles._ Ministers had praised Lord Gambier for
+ discretion; _he hoped they had not intended this_ as an instance in
+ the enumeration of its proofs.
+
+ “It became the House to be cautious of being prodigal of honours
+ entrusted to their distribution. Lord Cochrane ought to be heard; his
+ judgment and character, his signal gallantry and signal honours[53]
+ deserved the serious attention of the House. Even his feelings, led as
+ they were, perhaps, astray by an excess of strength and sensibility,
+ deserved all the attention which could be paid to them.”
+
+-----
+
+Footnote 53:
+
+ The red ribbon.
+
+-----
+
+The opinions of Mr. Whitbread are no less remarkable. Sir C. Hamilton
+had said that the reason why no more ships were destroyed was solely
+attributable _to me!_ and that he would engage to prove it to the
+House.[54] Mr. Wynne also declared, on behalf of the Ministry, that the
+evidence was _all on Lord Gambier’s side!_ and opposed to it only my
+solitary evidence. This called up Mr. Whitbread, whose remarks are
+reported as follows:—
+
+-----
+
+Footnote 54:
+
+ He however omitted so to do.
+
+-----
+
+ “The noble lord (Cochrane) had done wrong in returning any answer to
+ the application of the Admiralty.[55] He ought to have told them, as a
+ member of the House of Commons, he had no answer whatever to make; and
+ if they thought the logs _inconclusive_ why did they not manfully come
+ down and try the question in that House?
+
+ “The hon. gentleman (Mr. Wynne) talked of the injustice of trying an
+ officer in that House! Must not the merits of every officer be
+ inquired into when it is proposed to confer on him a vote of thanks?
+ Was he not _then_ on his trial? Was not that a species of trial to
+ which any officer must necessarily be exposed before he could receive
+ the high honour of the thanks of Parliament? After a court-martial, by
+ which Lord Gambier had been acquitted, did it follow, as a matter of
+ necessity that they must grant him the thanks of that House? He
+ presumed this by no means followed.
+
+ “What then was the situation to which the House was reduced? The noble
+ lord (Cochrane) had committed himself more than he had ever heard man
+ do in that House to prove his statements respecting the conduct of
+ Lord Gambier. And now a member (Sir C. Hamilton) came forward and said
+ that the duty intrusted to Lord Cochrane had not been properly
+ executed, and that if it had been he might have done far more injury
+ to the enemy’s ships. The hon. baronet (Hamilton) said that at the
+ time Lord Cochrane was in command, and made signals to the vessels
+ employed under him, ‘_some of them obeyed and others disobeyed_ the
+ instructions they received, and that those who disobeyed were
+ ultimately successful, whilst those who obeyed at the moment failed.’
+ The worthy baronet also added that ‘those who _disobeyed_ the signals
+ were promoted, whilst those who _obeyed_ were not.’ What would become
+ of the subordination of our Navy if our officers were to be informed,
+ in any one instance, that those who obeyed the instructions of their
+ superior officer were to be _passed by_, while those who disobeyed his
+ signals _might expect to be promoted_![56]
+
+ “From the disagreeable situation in which the House was placed on both
+ sides, he thought they must unavoidably have the _Minutes_.”
+
+-----
+
+Footnote 55:
+
+ Demanding the reasons for my opposition to the vote of thanks. See
+ vol. i. p. 404.
+
+Footnote 56:
+
+ This admission by a ministerial partisan was true. It was chiefly
+ owing to this that the fireships, to use Lord Gambier’s words, “failed
+ to take effect on the enemy’s ships;” viz. by kindling them where they
+ drifted on the shoals or went wide of the enemy’s fleet.
+
+-----
+
+Various other opinions were expressed. Mr. Wilberforce thought
+acquiescence in my motion for the production of the minutes “most
+important, as throwing a _stigma on all the members of the
+court-martial_;” which was true enough, one of my objects being to show
+that the influence of a corrupt government had been used to vitiate a
+tribunal upon which the very safety of the Navy depended. How far I
+should have succeeded in this may be left to the reader’s judgment.[57]
+
+-----
+
+Footnote 57:
+
+ See Lord Grey’s expressions, _infra_.
+
+-----
+
+Mr. Ponsonby would not agree to the motion because its adoption would be
+a violation of the fundamental principles of jurisprudence. Sir Francis
+Burdett said, that “Lord Gambier’s plan seemed to be a desire _to
+preserve his fleet_—my plan, to destroy the enemy’s fleet. He had never
+heard that the articles of war held out an instruction to preserve the
+fleet. What if Nelson, at the Nile or Trafalgar, had acted on this
+principle? He had never heard that Lord Gambier, in the affair of Basque
+Roads, pretended to have done any hard, or even important service. His
+only merit seemed to consist in what he omitted to do.”
+
+Having thus been put on my defence by direct accusation on the part of a
+Ministerial supporter that I had not done my duty, I implored the House
+to give me an opportunity, not only of defending myself, but of laying
+bare matters of more importance to the country than either my judgment
+or character. I again pledged myself to prove all I had asserted, and to
+stake everything that was valuable to man on the issue, at the same time
+telling the House that, if the minutes were granted, I would expose such
+matters as might make the country tremble for its safety—and entreating
+it well to consider that there was another tribunal to which it was
+answerable, that of posterity, which would try all our actions and judge
+impartially.
+
+Neither argument nor a sense of justice availed, and the word
+“_sentence_” was substituted for “_Minutes_,” in an amendment carried by
+a large majority of the faction, in that day dependent on and wielded by
+Ministers—of whose general conduct Lord Grey, in the opening debate of
+the session, thus thought it necessary to express himself:—“He was glad
+to find from the humble and chastened tone of Ministers that they
+_appeared to feel some remorse for the numerous miseries which, by their
+imbecility and misconduct they had inflicted on their country. Had it
+been otherwise, he should have supposed the Almighty vengeance was
+hanging over this nation, and that therefore the hearts of its rulers
+had been hardened in proportion as their understandings were darkened._”
+This merited censure from one of the great lights of that day and of all
+time, passed unheeded in the conduct of the session, which outdid its
+predecessors in acts of subserviency to the faction in power by whose
+supremacy it was felt that the rotten-borough interest could alone
+maintain itself against the national execration which was now beginning
+to make itself heard.
+
+At the conclusion of the preliminary debate, the Chancellor of the
+Exchequer rose to move a vote of thanks to Lord Gambier for _his eminent
+services in destroying the French fleet_ in the Basque Roads! My name,
+as having effected anything, was _purposely and very ingeniously left
+out!_ but warm thanks were accorded to those who directed the
+fireships,—not against the enemy, but against the banks of the Boyart
+and Palles shoals!
+
+The passage in the vote of thanks is curious: “for their gallant and
+highly meritorious conduct on this glorious occasion, _particularly
+marked by the brilliant and unexampled success of the difficult and
+perilous mode of attack by fireships, conducted under the immediate
+direction of Captain Lord Cochrane_!” Yet Lord Gambier stated in his
+defence, “The success of the first part of the enterprise arose from the
+terror excited by the _appearance_ of the fireships! _as they failed in
+the principal effect they were intended to produce_.” (_Minutes_, p.
+131.) If the House had been in the possession of the minutes of the
+court-martial, would they have voted thanks to officers of whom the
+Commander-in-chief says that they “_failed in their object_”? Not a word
+of thanks to me for having conducted it, but to the Commander-in-chief,
+then twelve miles off, his only merit consisting in coming three miles
+nearer, anchoring out of gunshot—and to men whom a ministerial supporter
+had praised by saying they had been promoted for “_disobeying my
+signals_!” And this though the First Lord of the Admiralty had offered
+me his own regiment—a squadron of frigates, with _carte blanche_ to do
+what I pleased with them—and a vote of thanks, conjointly with Lord
+Gambier, if I would not offer any opposition!
+
+The value of such a vote under such circumstances had been rightly
+estimated, even by those who acquiesced in it. The value of the service
+rendered was paltry, in comparison with what it ought to have been; and
+the vote, either to myself or my superiors, would have been worthy of
+it. I had from the first refused to have my name coupled with such
+pretence, as a fraud on national honours.
+
+Yet, leaving me altogether out of the vote of thanks, so long as thanks
+were voted, and giving them to the Commander-in-chief and the officers
+under “my immediate direction,” was a specimen of party spite so
+transparent that it could deceive nobody. The Chancellor of the
+Exchequer, either ashamed of his subject, or forgetting the purpose in
+hand, most unaccountably gave me in his harangue _the credit of the
+whole affair_! He could only have done this from two motives. Either he
+was too much a gentleman to permit his personal honour to be trampled
+under foot by his colleagues, or he could not have read the vote of
+thanks till he came to it at the conclusion of his speech. There is,
+however, a third hypothesis. The subjoined eulogy might have been
+pronounced to blind the House.
+
+ “The attack having thus recommenced on the night of the 13th
+ successively[58] was followed up on the next day by the noble lord
+ (Cochrane)[59] with peculiar gallantry. The consequence was that no
+ less than three sail of the line and a fifty-gun ship were completely
+ destroyed. The House would not, therefore, he trusted, be disposed to
+ refuse its thanks _for eminent services when performed under such
+ great peril and risk_, whilst the enemy were possessed of the
+ protection of their own batteries[60], and other advantages which they
+ could bring into play for the security of their own vessels. _It was
+ an enterprise of great and peculiar hazard and difficulty._ The result
+ had been highly injurious to the enemy, and had the effect of not only
+ disabling but of removing the enemy’s whole squadron from the
+ possibility of being for a considerable time available for the
+ purposes of the naval campaign. _Was not this an object of great
+ magnitude?_”
+
+-----
+
+Footnote 58:
+
+ There was no attack at all on the night of the 13th, for all the ships
+ taken were destroyed on the afternoon and night of the 12th.
+
+Footnote 59:
+
+ No such thing. I followed up nothing on the 14th, except trying to
+ evade Lord Gambier’s signals of recall. A pretty clear proof that the
+ Chancellor had never even read the despatches, and less the minutes of
+ the court-martial!
+
+Footnote 60:
+
+ About which I did not trouble myself, and by which the _Impérieuse_
+ was not once hit.
+
+-----
+
+From this speech it is clear that the Chancellor of the Exchequer
+considered that the whole success was attributable to my exertions, and
+it is no less apparent that he contemplated my being included in the
+vote of thanks.
+
+Then why leave me out of the vote of thanks, and give thanks to those
+who had nothing to do with this “_work of great magnitude_?”
+
+Lord Mulgrave made no such blunder in the House of Lords, nor even
+mentioned my name _except in terms of reprobation_—possibly because I
+refused his lordship’s temptation of a squadron and a regiment to hold
+my peace! Yet it may be that the Chancellor of the Exchequer made no
+mistake. His eulogy might have been merely intended to appeal to the
+popular ear, whilst contemptuously excluding me from the vote. Be this
+as it may, the trick succeeded, and my voice was drowned amidst the
+clamour of faction, as were the voices of those who supported me in the
+House.
+
+Still I was not disposed to allow the vote to pass without further
+protest. I again warned the House that “even their verdict was not
+conclusive upon character, but that there was another tribunal to which
+even that House was amenable, and that the public would one day exercise
+a judgment, even though the House might shrink from a just decision. I
+inquired what portion of Lord Gambier’s exploit merited thanks, or what
+had been the nature of his exploit? He lay at a distance—never brought
+his fleet to the place of action, or even within danger, and yet for
+such supineness he was to receive the highest honours of his country!
+The ground taken by ministers was frivolous—that where the subordinates
+admittedly deserved the praise, the superiors must receive it. The
+public _would one day read the minutes, though the House would not. The
+public would judge from the facts, though the House would not. The
+public would not submit to have its eyes bound because the House chose
+to keep theirs shut._ Let a single reason be adduced for this vote of
+thanks, and I was ready to vote for it—but the _reasons_ which had been
+obtruded on the House were unworthy the name of _arguments_.”
+
+Sir John Orde, of all the supporters of the ministry, gave the only
+honest reason for his vote in favour of Lord Gambier, though probably
+his argument might not pass current at the present day. It was this:—“As
+thanks to his Lordship have been proposed, I shall vote for them,
+because I entertained this opinion of Lord Gambier’s conduct before the
+prorogation of Parliament, _and their Lordships of the Admiralty
+appeared to do the same_!!” Poor Sir John! He must have had better
+reasons for his arguments than arguments for his reasons.
+
+A few more reasonable opinions than that of worthy Sir John shall be
+transcribed _verbatim_, and first those of Sir Francis Burdett:—
+
+ “Sir Francis Burdett wished to know whether the service of Lord
+ Gambier was worth the thanks of Parliament, even admitting it to have
+ all the value attributed to it by anything but the unblushing and
+ profuse spirit of ministerial favouritism.[61] He would not ask
+ whether, on the other hand, there was not the full and decided
+ testimony of a man competent to give his judgment, and of whose
+ admirable valour and good fortune the House and the nation had but one
+ opinion? He felt that in making these observations he might be
+ treading on perilous ground. He was probably bringing on himself some
+ charitable retorts, particularly those of a gentleman whose charity
+ was of a very peculiar nature. But he was careless about such remarks;
+ for though he deprecated that person’s charity, he would not shun but
+ would rather court his hostility.[62]
+
+ “Had there been anything said to make out a reason of the vote
+ demanded? Where was the evidence of the Commander-in-chief’s
+ _intrepidity or skill? Of that boldness which bursts its way through
+ all obstacles? Of that genius before which obstacles vanish?_ In place
+ of this, the House was insulted with a dry catalogue of negatives, and
+ an account as to how the noble Admiral inspected the action _at a
+ distance of seven miles_.[63] The question had been treated lightly;
+ but levity was unbecoming the grave matter for their deliberation.”
+
+-----
+
+Footnote 61:
+
+ Lord Gambier had recently been a colleague of the Lords of the
+ Admiralty.
+
+Footnote 62:
+
+ Mr. Croker, who did not, however, respond to the challenge of my
+ excellent colleague. Had he done so, the House would, no doubt, have
+ been highly amused at the result. But Mr. Croker was “wise in his day
+ and generation.”
+
+Footnote 63:
+
+ Nine.
+
+-----
+
+Mr. Windham said:—
+
+ “The thanks of that House did not deserve to be lavished on any man,
+ unless his services were of that rank which forced itself into
+ universal report and universal admiration. It was not to be evolved in
+ some obscure process of official chemistry, not to be drawn out under
+ bundles of obscure records, not to be elicited by any keen, cunning,
+ recondite, subtilising process[64] beyond the practice or perception
+ of the general mass of mankind. To be praised, it must be known; to
+ become matter of thanks, it must be matter of public fact.
+
+ In voting thanks it was time to pause. These old rewards had become
+ worthless. It had been said that nothing was left but the peerage, and
+ even of that high honour ministers had been most lavish. This was the
+ natural process when there was no distinct scale of merit and reward.
+ It was high time to stop. They had in their hands the great provision
+ for national virtue. They had the honours of the country intrusted to
+ them, and it became them as legislators not to suffer its streams to
+ be idly diverted, nor to be prodigally and profusely poured forth to
+ slake the thirst of undeserving ambition, still panting, still
+ insatiable.”
+
+-----
+
+Footnote 64:
+
+ Alluding to the court-martial.
+
+-----
+
+Argument and fact were alike unavailing, and Sir John Orde’s
+extraordinary reasons and opinions prevailed. To 161 of the Admiralty
+opinion, only 39 could be found alive to a true sense of legislative
+dignity or functions.
+
+A few remarks on what passed in the House of Lords, where similar thanks
+were voted, are necessary.
+
+Lord Mulgrave said that it was with great surprise that he first heard
+that a noble lord serving under the noble Admiral, and a member of
+another House, had intimated his intention to oppose the vote of the
+House of Commons, on the ground that his commander had not done his duty
+to _the utmost_. Lord Mulgrave, of course, alluded to my conversation
+with him nine months before, though I never said anything of the kind to
+his Lordship. What I said was, “that the Commander-in-chief had not done
+anything deserving the thanks of Parliament.” Had the _Minutes_ been
+allowed to be produced in either House, this would have been proved
+beyond question, in spite of the _sentence of acquittal_, which was
+alone laid on the table.
+
+Lord Mulgrave was no less unjust in attempting to convince the peers
+that I had done nothing but carry out _Lord Gambier’s plan of
+fireships_; referring them to Lord Gambier’s letter of March 19th, 1809,
+in which, instead of recommending an attack by fireships, Lord Gambier
+had denounced such an attempt as “_hazardous, if not desperate_,”[65] as
+would have appeared had the minutes of the court-martial been laid
+before them.
+
+-----
+
+Footnote 65:
+
+ See Lord Gambier’s letter, Vol. I. p. 342.
+
+-----
+
+Mine, as explained in the first volume, was not an attack by fireships
+alone, for such an attack could only have ended in the boarding of the
+fireships by the enemy’s row-boats, and the murdering of the crews. It
+was an attack by means of explosion-vessels, which should impress the
+enemy with the idea that every fireship was similarly charged, so as to
+have the effect of deterring them from boarding, and thus, the
+fireships, had they been properly directed, must have done their work in
+spite of the enemy’s row-boats.
+
+Yet Lord Mulgrave followed Lord Gambier in this “_suppressio veri_.” On
+the very day Lord Gambier had _not_ recommended the use of
+fireships—though Lord Mulgrave’s speech would lead the House, in the
+absence of the minutes of the court-martial, to infer that he _had_
+recommended their use—the Commander-in-chief had stated that an attack
+with fireships would be “_hazardous, if not desperate_.” A curious way,
+truly, of recommending the use of fireships; though, had he recommended
+them, they would have been of no use without the explosion-vessels, the
+terror created by which formed the very essence of my plan, and was the
+sole cause even of the trifling success gained. Again, said Lord
+Mulgrave:—
+
+ “Lord Cochrane arrived at Plymouth. He had on a former occasion been
+ employed in blockading Rochefort, and was acquainted with the coasts.
+ He was, therefore, consulted, and _spoke with greater confidence of
+ the success of the attempt than those who wrote from that quarter_, It
+ was not, however, merely the zeal and _desire of execution_ he showed,
+ but also the talent he displayed in meeting the objections _started by
+ naval men_, which induced the Admiralty to employ his Lordship.”
+
+This representation was thoroughly incorrect. So far from there being
+any “desire of execution” on my part, I tried every means in my power to
+avoid being intrusted with the execution of my own—not Lord
+Gambier’s,—plans as Lord Mulgrave insinuated. He, however, unconsciously
+admitted that other naval men “started” such objections, that they could
+not be got to undertake an attack with fireships, and therefore the duty
+was _thrust_ on me, with the addition of the explosion-vessels I had
+suggested, thus convincing the Admiralty Board that an attack, on my
+plan, was both easy of execution and certain in its result. Lord
+Mulgrave’s expression of “those who wrote from that quarter,” viz Lord
+Gambier, showed that the Commander-in-chief had _no confidence_ in
+fireships. Neither had I, unless accompanied by my plan of
+explosion-vessels.
+
+Still persisting that this was an attack by fireships merely, Lord
+Mulgrave told the House that it was nothing new, which was the case, if
+the explosion-vessels were left out, but that—
+
+ “In the course of the last century there were two services performed
+ by fireships; the first in 1702 at Vigo, and the second off Minorca in
+ 1792. But _what was the present service_? Recollect, a fleet protected
+ by _shoals and currents_, in sight of their own coast, and in presence
+ of their countrymen. _Nothing in the annals of our Navy was more
+ brilliant!_”
+
+Who, then, performed that “_brilliant_” service, than which nothing
+could be more satisfactory? Lord Mulgrave told the House that Lord
+Gambier did, _whilst lying with his fleet nine miles off_, and
+reluctantly sending two line-of-battle ships and some frigates to my
+“assistance,” when almost too late to rescue me from the dilemma into
+which, in sheer despair of anything being done, I had voluntarily
+rushed, with the determination that if my frigate was sacrificed, while
+he was calmly looking on, he should take the consequences, and what they
+would have been I need not say. It was this act of mine, and this only,
+which caused the paltry service to be effected of destroying two
+line-of-battle ships and a store ship, instead of the whole enemy’s
+fleet!
+
+Lord Mulgrave’s statements were severely rebuked by Lord Holland:—
+
+ “Lord Holland represented in strong terms the light in which ministers
+ placed themselves before Parliament and the country by coming forward,
+ so hastily in the first instance to procure thanks, and then suddenly
+ sending Lord Gambier to a court-martial _with the thanks on their
+ lips_. He thought that in a case of parliamentary thanks the case
+ should be _clear and strong_ to receive such a reward. What said Lord
+ Cochrane in his reply to the Admiralty?[66] ‘_Look at and sift the
+ log-books!_ and not ask me for accusations.’ He (Lord Holland)
+ condemned the precipitancy of ministers, who by their measures had
+ endeavoured to _stultify the House as they had already stultified
+ their own administration_.
+
+ “After sending Lord Gambier through the ordeal of a court-martial,
+ Lord Mulgrave now came down, pronounced his praises, and called upon
+ the House to vote him their thanks! It was not in this manner that the
+ French government conducted itself towards their admirals and
+ generals. They instituted a very severe inquiry as to this affair at
+ Basque Roads, and many of their commanders were most severely
+ punished.[67] They did not give thanks to General Monnet for his
+ defence of Flushing, but, on the contrary, censured his conduct most
+ severely.[68]
+
+ “If the barren thanks of both Houses of Parliament were _often to be
+ voted in this way, they would soon cease to be of any value_. The
+ noble Lord (Mulgrave) had said a great deal about the battle of
+ Talavera, and the resistance made to the vote of thanks in that
+ instance. Now it did not appear to him (Lord Holland) that the battle
+ of Talavera could have anything to do with the action of Basque Roads
+ or with the conduct of Lord Gambier. But if resistance to the vote of
+ thanks to Lord Wellington were adduced as a proof of party motives, it
+ might well be considered a proof of party spirit on the other side to
+ bring forward motions of thanks for services of such a description as
+ were those of Lord Gambier.”
+
+-----
+
+Footnote 66:
+
+ See Vol. I. p. 408.
+
+Footnote 67:
+
+ For having, as Buonaparte afterwards said (see Vol. I. p. 421),
+ suffered themselves to be terrified by the explosion-vessels, so as to
+ take every fireship for one, and then to run their ships ashore in
+ order to avoid the impending danger; this result forming the very
+ essence of my plan. Poor Captain Lafon of the _Calcutta_ was shot,
+ _not for surrendering to Lord Gambier’s fleet_, but to the
+ _Impérieuse_ frigate under my command, she being a vessel of inferior
+ force to the _Calcutta_.
+
+Footnote 68:
+
+ Though he had thwarted, but not so effectively as he might have done,
+ the powerful armament mentioned at the commencement of the next
+ chapter.
+
+-----
+
+The remarks of other noble lords were more to the purpose:—
+
+ “Earl Grosvenor did not think the services of Lord Gambier of such a
+ nature as to require the particular thanks of the House. He thought
+ such should only be given on very signal and important victories.
+ Nobody could doubt they were due to Lord Howe for his victory on the
+ 1st of June, to Lord Duncan for his victory at Camperdown; to Lord St.
+ Vincent for his glorious achievements near the cape which gave him his
+ title, or to the immortal Nelson for the splendid exploits with which
+ he had adorned our naval history. These were things which spoke for
+ themselves, and nobody could doubt the propriety of voting thanks, as
+ it were, by acclamation. He thought, however, _the services of Lord
+ Gambier were of a very inferior description, and called for no such
+ reward_.”
+
+ “Earl Darnley had no objection to the vote of thanks, but at the same
+ time he thought the present vote one of the efforts now too often
+ resorted to _to throw a false lustre on the Government_. To compare
+ the services rendered by Lord Gambier at Basque Roads with the battles
+ of the Nile or Trafalgar would be the height of presumption!”
+
+Lord Darnley was right; the vote itself, no less than the assumption of
+victory, where, through the pusillanimity of the Commander-in-chief,
+none had been achieved, had no other object than to “throw a false
+lustre upon a Government” powerful in rotten-borough influence, but
+justly mistrusted by all besides, whether in Parliament or out of it.
+Because I acted practically and conscientiously on these sentiments, I
+have been marked through life an object of party malevolence.
+
+However dexterous might be the ministerial legerdemain which could
+convert into victory the admitted intention of the Commander-in-chief
+_not to fight_,[69] Lord Melville alone exposed the real secret of the
+matter:—
+
+Footnote 69:
+
+ See Captain Broughton’s Evidence, p. 95.
+
+ “Lord Melville conceived the Admiralty to have acted extremely wrong
+ in giving to Lord Cochrane a command so contrary to the usual rules of
+ the service, and which must have been so galling and disgusting to the
+ feelings of other officers in Lord Gambier’s fleet. He respected as
+ much as any man could the zeal, intrepidity, and enterprise of Lord
+ Cochrane, but it was wrong to presume that these qualities were
+ wanting in officers of that fleet of superior standing to his
+ Lordship. Such a selection naturally put Lord Cochrane upon attempting
+ enterprises whereby great glory might be obtained.”
+
+Here lies the gist of the whole matter. Had I devised the plan of
+attack, and had the Board of Admiralty acceded to my earnest wish, and
+left it to my seniors to execute, or had I persisted in my determination
+to refuse a command which the Admiralty literally forced upon me, all
+would have been well. Even had Lord Mulgrave fulfilled his promise of
+satisfying the _amour-propre_ of the fleet—which he neither did nor
+intended to do—all might have been well. As it was, I was exposed to the
+full amount of hostility which formed my reason for declining the
+command in the first instance.
+
+It was felt—as Admiral Austen plainly says—by the officers of the fleet
+in Basque Roads, that a decisive victory would elevate me in national
+estimation over my seniors, as it unquestionably would have done. Lord
+Gambier was an easy man, and the “shoal and current” bugbear was
+successfully used to bring the fleet to an anchor in place of going on
+to the attack, he knowing no better, and having taken no trouble to
+ascertain the fact; in short, confining himself to mere blockade. This
+was the fault of the Commander-in-chief, but it did not justify him in
+bringing forward charts made up for the purpose of proving imaginary
+dangers from ruined fortifications and shoals where none existed.[70]
+Nor did it justify the evidence of influenced witnesses to _prove_
+danger—in defiance of his Lordship’s own admission that _no ship
+suffered injury_![71] It did not justify his Lordship in assuming many
+things in his defence, which were not in evidence at all, and many more
+things that were totally at variance with the evidence contained in the
+minutes. To have declined pushing an advantage to victory, in deference
+to the jealousy of senior officers, was one thing; to trump up a story
+of _an old storeship breaking up a boom of more than a mile in lineal
+extent, and moored with a hundred anchors, was another_.
+
+-----
+
+Footnote 70:
+
+ See Captain Broughton’s evidence, p. 64.
+
+Footnote 71:
+
+ See Lord Gambier’s defence, p. 100.
+
+-----
+
+It will now be seen why the Government of that day refused the
+production of _“minutes”_ of the court-martial, almost every page of
+which would have rendered the defence of the Commander-in-chief—or
+rather that of his solicitor, Mr. Lavie, for I will do Lord Gambier the
+justice of believing that he did not write the defence read to the Court
+by the Judge-Advocate—untenable for a moment. That the Ministry of that
+corrupt day should have resorted to such a subterfuge can, however,
+scarcely add to the contempt with which history already regards them.
+
+I told the House of Commons that “_posterity would judge their acts_.”
+Here, then, is matter for that judgment. That it was not made public at
+the time arose from two causes. First, that in those days the bulk of
+the press was influenced by the Ministry; and a jackal howl, from one
+end of the kingdom to the other, would have been—and was, the reward of
+my pains. Secondly, that until his Grace the Duke of Somerset gave me, a
+few months since, the chart and other official materials requisite to
+lay the matter before posterity, it was not in my power to do so;
+except, as on my previous attempts at justification, by assertions,
+which would have had no more effect on the public mind than now would
+those of the factions which persecuted me. As I belonged to no party in
+the House, I found no friends but the few who, like myself, stood alone
+in their independence of party. Those were themselves disorganised, and
+deceived by the well-timed eulogy of the Chancellor of the Exchequer,
+into the belief that the vote of thanks included me also. The numbers of
+the independent party were, however, as nothing compared to the
+organised masses in power, or eager to place themselves in power. The
+debate was felt to have most seriously damaged the party to whom I was
+politically opposed, and that party ever afterwards made me a mark for
+their revenge. In this brief sentence may my whole subsequent history be
+comprised.
+
+
+
+
+ CHAP. XXIX.
+
+ REFUSAL OF MY PLANS FOR ATTACKING THE FRENCH FLEET IN THE SCHELDT.
+
+REFUSED PERMISSION TO REJOIN MY FRIGATE. I AM REGARDED AS A MARKED
+ MAN.—NO SECRET MADE OF THIS.—ADDITIONAL CAUSE OF OFFENCE TO THE
+ MINISTRY.—THE PART TAKEN BY ME ON THE REFORM QUESTION, THOUGH
+ MODERATE, RESENTED.—MOTION FOR PAPERS ON ADMIRALTY COURT
+ ABUSES.—EFFECT OF THE SYSTEM.—MODES OF EVADING IT.—ROBBERIES BY
+ PRIZE AGENTS.—CORROBORATED BY GEORGE ROSE.—ABOMINABLE SYSTEM OF
+ PROMOTION.—SIR FRANCIS BURDETT COMMITTED TO THE TOWER.—PETITIONS FOR
+ HIS LIBERATION INTRUSTED TO ME.—NAVAL ABUSES.—PITTANCES DOLED OUT TO
+ WOUNDED OFFICERS.—SINECURES COST MORE THAN ALL THE DOCKYARDS.—MY
+ GRANDMOTHER’S PENSION.—MR. WELLESLEY POLE’S EXPLANATION.—OVERTURE TO
+ QUIT MY PARTY.—DEPLORABLE WASTE OF PUBLIC MONEY.—BAD
+ SQUIBS.—COMPARISON WITH THE PRESENT DAY.—EXTRACT FROM “TIMES”
+ NEWSPAPER.
+
+
+Just at the period of the court-martial on Lord Gambier, great national
+expectations were excited by the combined military and naval expedition
+to Walcheren, under the Earl of Chatham and Sir Richard Strachan. The
+object of this armament, the most formidable England had ever sent
+forth, was the capture or destruction of the French fleet in the
+Scheldt, and of the arsenals and dockyards of Flushing, Terneuse, and
+Antwerp, at the latter of which ports Buonaparte was carrying on naval
+works with great vigour.
+
+The force employed for this purpose comprised 40,000 troops, 35
+sail-of-the-line, 2 fifty gun-ships, 3 forty-four gun-ships, 18
+frigates, and nearly 200 smaller vessels, besides dockyard craft; the
+first portion of the expedition quitting the Downs on the 28th of July,
+1809, and anchoring the same evening near the coast of Walcheren.
+
+To the reader acquainted with the views expressed in the first volume of
+this work, it will not be surprising that I viewed the departure of this
+force with regret; as had one half of the troops been placed, as
+suggested in my letter to Lord Mulgrave, on the islands of the French
+coast, and had half the frigates alone been employed, as had been the
+_Impérieuse_ and other vessels in the Mediterranean, not a man could
+have been detached from Western France to the Spanish peninsula, from
+which the remaining portion of the British army might have driven the
+French troops already there.
+
+Full of these views, and knowing that short work might be made of the
+Walcheren expedition, so as to liberate both the naval and military
+force for service elsewhere, I laid before the Admiralty a plan for
+destroying the French fleet and the Flemish dockyards, somewhat
+analogous to that which would have proved completely effectual in Basque
+Roads, had it been followed up by the Commander-in-chief. My new plan
+had, moreover, received an important addition from the experience there
+gained, and was now as formidable against fortifications as against
+fleets.
+
+The first measure of indignation against me for my late services to my
+country was the summary rejection of my plan, and not only this, but a
+refusal by Admiralty letter, given elsewhere, to proceed to the Scheldt
+to join my frigate, which had been sent there under the temporary
+command of the Hon. Captain Duncan, a most excellent and gallant
+officer.
+
+Of the disastrous failure of the Walcheren expedition—the destruction of
+a large portion of the army by disease—and the retreat of the remainder,
+I shall not speak; these matters being already well known to the student
+of English history. I will, however, assert—and the assertion will be
+borne out by the plan of attack submitted by me to the Admiralty—that
+had my recommendation been adopted, even though not carried out under my
+own supervision, nothing could have saved the French fleet in the
+Scheldt from a similar fate to that which had befallen their armament in
+Aix Roads. Even—as with the disaster in Aix Roads fresh in remembrance,
+is probable—had the French fleet in the Scheldt taken refuge above
+Antwerp, it could only have placed itself in a _cul-de-sac_; whilst
+there was ample military and naval force to operate against the
+dockyards and fortifications during the period that my appliances for
+the destruction of the enemy’s fleet were in progress; for I in no way
+wished to interfere with the operations of the general or admiral
+commanding, but rather to conduct my own operations independently of
+extraordinary aid from either.
+
+The cost of this plan to the nation would have been ten rotten old
+hulks, some fifty thousand barrels of powder, and a proportionate
+quantity of shells. The cost of the expedition, which failed—in addition
+to the thousands of lives sacrificed—was millions; and the millions
+which followed by the prolongation of the war, by the refusal of the
+Admiralty to put in operation any naval expedition calculated to effect
+a beneficial object—who shall count? So much for war when conducted by
+cabinets! But I was now a marked man, and the Government evidently
+considered it preferable that the largest force which England had ever
+despatched from her shores should incur the chance of failure in its
+object, than that the simple and easily applied plans of a junior
+post-captain should again jeopardise the reputation of his
+Commander-in-chief.
+
+It was very curious that whilst this animosity was being directed
+against me in my professional capacity, I had shortly before received
+from His Majesty George the Third the highest decoration of the order of
+the Bath for my professional services!
+
+So little secret did the Government make of their determination not to
+employ me again, that the public press regarded this determination as a
+settled matter. It was nothing that I had been instrumental in
+destroying the fleet so much dreaded by our West India merchants and the
+nation generally, or that I had offered to serve the French fleet in the
+Scheldt in the same way. I was now an obnoxious man, and the national
+expenditure of millions for defeat, was by the ministry of that day
+deemed preferable to cheap victory if achieved by a junior officer, to
+whom the Chancellor of the Exchequer—whilst denying him thanks for the
+service—had attributed the destruction of a fleet quite as formidable as
+the one in the Scheldt.
+
+It may be scarcely credible to the present age that the Government
+should have openly announced such a determination. On the principle
+adopted throughout this work, of adducing nothing without proof, it will
+be necessary to place the preceding facts beyond dispute. From one of
+the most talented periodicals of the time I extract the following
+passage: “The worst injury which the radical reformers have done the
+country, has been _by depriving it of Lord Cochrane’s services, and
+withdrawing him from that career_ which he had so gloriously begun.”[72]
+The pretence was, that I had _withdrawn myself!_ at the time I was
+entreating the Admiralty to permit me to return to my frigate! This
+matter will shortly be made very clear.
+
+Footnote 72:
+
+ Ed. An. Reg. vol. iv. p. 107.
+
+One grave cause of offence to the Ministry, in addition to my
+determination to oppose the vote of thanks to Lord Gambier, had been the
+part I took at the famous meeting; held at the Crown and Anchor in the
+Strand. For a junior naval officer in that day to associate with such
+persons as Sir Francis Burdett and Major Cartwright was bad enough, but
+that he should _act_ with them was a thing unheard of in the naval
+service.
+
+At this meeting many irritating things were said, though not by me. The
+late trial of the Duke of York was freely handled, and Colonel Wardle,
+the principal promoter of it, held up to public admiration. The
+“borough-mongering faction,” as it was forcibly termed by Sir Francis
+Burdett, was painted as involving the country in perpetual misfortune,
+and consigning to hopeless imprisonment all who ventured to expose their
+practices; whilst, it was said, even His Majesty could not carry on his
+fair share of government, being compelled to choose his ministers from a
+faction which not only oppressed the people, but controlled the King
+himself.
+
+The resolutions moved by good old Major Cartwright at this celebrated
+meeting were at that time regarded as treason, though at the present day
+sound doctrine, viz. that “so long as the people were not fairly
+represented corruption must increase—our debts and taxes accumulate—our
+resources be dissipated—the native energy of the people be depressed,
+and the country be deprived of its best defences. The remedy was only to
+be found in the principles handed down to us by the wisdom and virtue of
+our forefathers, in a full and fair representation of the people in
+Parliament.”
+
+This was perfectly true, and singularly enough, after the lapse of
+fifty-one years, the very same question forms the principal feature of
+the present session of Parliament, the debates on the subject in our day
+differing very little from their predecessors of half a century ago, if
+we may credit the following picture from a _Times_ leader of April 23rd
+last. “Call Reform what you will, it is almost anything you please,
+except legislation. _The belligerent parties will fight and cheat one
+another, and both together will cheat the people!_”
+
+If after a battle of fifty years the people have not achieved the
+victory which early Reformers began, I have some right to call on the
+public to estimate the amount of obloquy which befell myself for my
+volun- *tary enrolment amongst the combatants on their side; and in the
+belief that the public of the present day will do my memory that justice
+which through life has been denied me, I shall not shrink from laying
+these matters before them. If such a picture of our present legislators
+be truly drawn, what must have been that of the faction against which I
+had to contend?
+
+The speech made by me at the Crown and Anchor was very moderate, and
+indeed was spoken of by the ministerial organs as expressing less of the
+spirit of faction than any which had been delivered on that day. The
+worst part of it, so far as I can recollect, was that generally
+recorded, that “I hoped the time would come when ministers would not be
+employed all day in thinking what they were to cavil about all night,
+and all night in useless debate—whereby the real business of the country
+was neglected; so much so indeed, that when the newspapers had reached
+me abroad, I felt ashamed at the manner in which the government of my
+country was conducted.”
+
+I had even gone further in moderation, though the Ministry did not know
+it, viz. by observing to Sir Francis Burdett that I thought he was going
+_too far_. His reply was characteristic. “My dear Lord Cochrane you
+don’t know ministers. If you wish to get anything from them, you must go
+for a great deal more than you want. Even then you will get little
+enough.” “Oh!” replied I, “if those are your tactics, go on, I’ll
+follow.”
+
+The real grievance was, however, my support of the motions in Parliament
+which arose from the meetings at the Crown and Anchor. Mr. Madocks
+distinctly charged the Ministry with trafficking in seats, offering to
+prove to the House that Lord Castlereagh had, through the agency of the
+Honourable Mr. Wellesley, been instrumental in purchasing for Mr.
+Quintin Dick the borough of Cashel; and that when in the matter of the
+Duke of York Mr. Dick had determined to vote according to his
+conscience, Lord Castlereagh intimated to that gentleman the necessity
+of voting with the Government, or resigning his seat, which was
+accordingly done. The Ministry declined to accept the challenge.[73]
+
+Footnote 73:
+
+ The defence to these charges consisted of what was termed eloquence,
+ but which was nothing but empty declamation, without the slightest
+ attempt at argument. The subjoined effort of Mr. Canning on this very
+ occasion is a specimen:—
+
+ “Good God! was this the time to suppose that the character of the
+ House of Commons was lost, and that the most hazardous experiments
+ should be made to restore it! It was the character and influence of
+ that House which achieved all our blessings! and distinguished the
+ character and condition of this country from that of any other country
+ in the world! Was the source from which such blessings flowed to be
+ stigmatised as a sink of corruption?”
+
+ Even at the present day this is amusing.
+
+The subsequent motion of Mr. Curwen went further. But I must not forget
+that I am writing my autobiography, and not political history; I never
+made pretensions to parliamentary eloquence, and shall not inflict on
+the reader my humble efforts, excepting only those connected with the
+naval service.
+
+On the 19th of February I moved for certain papers relative to the
+conduct of the Admiralty Court, and as my speech on that occasion was
+sufficiently comprehensive, I will adduce it with some slight
+explanations indicative of the practices which at that time were in full
+operation:—
+
+ “If these papers are granted it will be in my power to expose a system
+ of abuses in the Admiralty Court unparalleled in this country, even
+ exceeding those prevalent in Spain under the infamous administration
+ of Godoy.
+
+ “The whole navy of England was, by the existing system, compelled to
+ employ one individual to carry on its business before the Admiralty
+ Court; a person perhaps in whose competence or honesty they might have
+ no confidence. But admitting his ability and integrity to be
+ unquestionable, still the thing was preposterous. Would any man like
+ to employ an attorney who at the same time did business for the other
+ side? Was such a regulation consistent with equity or common sense?
+
+ “Even the personal liberty of naval officers was answerable for some
+ seizures, the produce of which notwithstanding went to the Crown, and
+ the most abominable compromises sometimes took place. Whether the
+ profits of these compromises found their way into the pockets of any
+ particular individual I was not absolutely sure, but had evidence to
+ presume that this was the fact. What indeed could be the design of
+ confining the captors to one proctor, except that secrecy as to these
+ questionable transactions may be preserved.”
+
+One case was my own. In the first volume of this work is narrated the
+capture of the _King George_ privateer, or pirate, for which seizure by
+any vessel of war a reward of 500_l._ had been issued. The _King George_
+in part actually belonged to parties connected with the Maltese
+Admiralty Court. As her condemnation was unavoidable, she was condemned
+as a _droit_ to the Crown; and costs to the extent of 600_l._ were
+decreed against myself, officers, and crew, for having taken her! A
+subject which will hereafter have to be further alluded to.
+
+The effect of this system was to indispose officers to look after
+prizes, and thus many an enemy’s vessel was suffered to escape. One of
+my reasons for harassing the French on the coasts of Languedoc and
+Catalonia was, that it appeared more advantageous to effect something of
+service to the country, than to take prizes for no better end than to
+enrich the officers of the Maltese Admiralty Court, and at the same time
+to be ourselves condemned in costs for our trouble.
+
+Some curious stories might be told of the effect of the system. It was
+my own practice, when any money was captured in a prize, to divide it
+into two portions, first, the Admiral’s share, and next our own. We then
+buried the money in a sand-bank, in order that it might not be in our
+possession; and, as opportunity occurred, it was afterwards taken up,
+the Admiral’s share being transmitted to him, our share was then
+distributed at the capstan, in the usual proportions. As I never made
+any secret of my own transactions, the Maltese officials regarded me
+with perfect hatred; they, no doubt, honestly believing that by
+appropriating our own captures to our own use, we were cheating them out
+of what they had more right to than ourselves! By their practices they
+appeared to entertain one idea only, viz. that officers were appointed
+to ships of war for the sole purpose of enriching them!
+
+In a case narrated in the first volume, where I had, in Caldagues Bay,
+taken thirteen vessels laden with corn for the French army in Barcelona,
+after having sunk two small ships of war protecting them—we sold the
+corn vessels and their cargo to the Spaniards for a trifle, dividing the
+dollars amongst us, after sending Lord Collingwood his share. We
+afterwards took the vessels of war after raising them to Gibraltar,
+where I purchased one as a yacht. Had I sent those corn vessels to
+Malta, and had them condemned there—in place of obtaining anything for
+the capture, a heavy bill of costs for the condemnation of such small
+vessels would have greatly exceeded the sum realised by their sale.
+
+To return to my address to the House:—
+
+ “The Navy was paralysed by this corrupt system. The most insignificant
+ vessels were condemned at an expense equal to that of the largest, so
+ that the condemnation of a fishing lugger might be swelled up to the
+ expense of condemning an Indiaman, the labour of capture ending in
+ nothing but putting money into the proctor’s pocket. As an instance
+ within my own knowledge, Moses Griffin, a Jew agent at one of the
+ outports, received two thirds out of the produce of a vessel, the
+ remaining third being the whole share distributed for admiral,
+ captain, inferior officers, petty officers, seamen, and marines. What
+ was the effect of such a system but to paralyse the Navy? It prevented
+ exertion on the part of the officers. Could it possibly be necessary
+ to have 120 ships of the line in commission to blockade twenty-three
+ ships of the enemy, if proper exertions were made. To insure alacrity
+ in harassing the shipping and commerce of the enemy, the abuses of the
+ Admiralty must be stopped, and nothing else would be effectual.”
+
+A more startling practice was the following:—
+
+ “The commerce of the enemy was carried on to an immense extent by a
+ system of licenses, which permitted the enemy to trade where they
+ pleased. These licenses, issued by us, _formed an article of common
+ sale_ in Hamburgh and other places, and by means of such licenses the
+ enemy’s ships were seen coasting along by hundreds in perfect
+ security, even filling the river Thames, contrary to the Navigation
+ Act! We were thus raising up sailors for Buonaparte, _to whose
+ commerce and navy our ministers were the best friends_.”
+
+My representations were met by Sir William Scott, the Judge of the
+Admiralty Court, with the inquiry as to “how that Court could possibly
+be answerable for the accounts of the agents on which I had founded my
+invectives? Lord Cochrane was a prompt accuser, but an unfortunate one,
+and he pledged his credit these accusations would prove as unfortunate
+as any that had preceded them.”
+
+Unluckily for Sir William Scott’s allusion to my “unfortunate habit of
+making unfounded accusations,” Mr. Rose, the treasurer of the Navy, got
+up and officially confirmed my statements, by admitting the abuses
+complained of!
+
+ “This evil,” said Mr. Rose, “had been so strongly represented to him,
+ that soon after he had become treasurer to the Navy he had bestowed
+ many days and nights in its investigation. The result was, that _he
+ had before him no less than 153 cases, nine out of which were now
+ before the judge of the Admiralty Court_ (Sir W. Scott himself!) _in
+ consequence of the enormous charges which their accounts contained_.
+ In one case the charges of an agent at Portsmouth, who had 62,000_l._
+ to distribute, _amounted to 9462l., of which 1200l. was stated to be
+ for postage_!”
+
+Mr. Rose recommended me to alter my motion, and to move for papers
+relative to a particular ship. I took this advice and moved for
+documents relating to two vessels, which was carried. Sir William Scott,
+however, never forgave me.
+
+On the 9th of March, when these papers were laid before the House, I
+moved for others in order to elucidate them. This gave rise to another
+debate, in which some curious facts were brought to light by Colonel
+Wardle:—
+
+ “In the Navy Pay Office it was usual to promote junior clerks over the
+ heads of men who were many years their seniors in the service. One
+ junior clerk, eleven years in the office, was promoted to a place of
+ 300_l._ a year, over the heads of senior clerks from twenty-seven to
+ thirty years in the service. In another case a gentleman was obliged
+ to retire against his will on 170_l._ per annum, and a _boy of
+ fourteen_ was appointed to his situation _with a raised salary_, and
+ over the heads of many senior clerks. The Secretary of the Sick and
+ Hurt Office was pensioned off at his full salary of 500_l._, and an
+ assistant appointed in his stead _with a salary of 1000l._!!”
+
+On the 12th of March, my respected colleague, Sir Francis Burdett, than
+whom a purer patriot never breathed, moved that Mr. Gale Jones should be
+discharged from Newgate, to which prison he had been committed by order
+of the House, for placarding a handbill, the contents of which were
+construed into a violation of the privileges of the House. Sir
+Francis—conceiving that the people had privileges as well as those
+claiming to be their representatives, or rather that the popular voice
+constituted the power of their representatives—demanded the release of
+Mr. Jones, on the ground that the House possessed no privilege to commit
+a man for asserting his right to discuss its measures, and that neither
+legally nor constitutionally could such privilege exist.
+
+The debate which ensued, not coming within the scope of this work, may
+be omitted. Suffice it to say that Sir Francis published in _Cobbett’s
+Weekly Register_ a revised account of his speech, in which he declared
+that the House of Commons sought to set aside Magna Charta and the laws
+of England by an order founded on their own irresponsible power.
+
+Accompanying this revised speech was a letter addressed by Sir Francis
+to his constituents of Westminster; and these coupled together the House
+chose to construe into a breach of their privileges also. The result, as
+every one knows, was a motion for the committal of Sir Francis Burdett
+to the Tower.
+
+My worthy colleague, however, refused to surrender. As there was no
+knowing to what lengths the despotism of the House might extend, a
+rumour of breaking into the honourable Baronet’s house being prevalent,
+a number of his friends, myself amongst them, assembled at his residence
+in Piccadilly to see fair play; but one morning, during our absence, an
+officer, armed with the Speaker’s warrant, forcibly entered, and Sir
+Francis was carried off to the place of his imprisonment.
+
+It is quite unnecessary to detail these circumstances, as they are well
+known to every reader of English history. On the day after my excellent
+colleague’s capture the electors of Westminster held a meeting in Palace
+Yard, and adopted a petition which fell to my lot to present to the
+House.
+
+The petition went even farther than had Sir Francis, by denouncing the
+House as “prosecutor and juror, judge and executioner,” and denying its
+right to exercise these combined offices. It taunted the House with
+evading the offer of a member to prove at the bar that two of the
+ministers had been distinctly charged with the sale of a seat on their
+benches, and that such practices were “as notorious as the sun at
+noonday.” They therefore prayed not only for the release of their
+member, but for a reform of the House itself, “as the only means of
+preserving the country from despotism.”
+
+To have committed the whole of the electors of Westminster for adopting
+such a petition would have been inconvenient. To have committed me for
+presenting it would have been scarcely less dangerous, as depriving
+Westminster of both its representatives. The predominant feeling in the
+House appeared to be that of astonishment that a naval officer should
+dare to meddle with such matters. One member opposed its reception at
+all, another begged me to withdraw it, which I refused to do; and,
+therefore, the House adopted the only possible alternative of “ordering
+it to lie on the table.” The feeling towards myself may be conceived.
+
+A similar petition from the freeholders of Middlesex was presented by
+Mr. Byng, and denounced by Mr. Perceval as a “deliberate and
+unparalleled insult to the House;” the petition denying the right of the
+House to imprison Sir Francis, and accusing Mr. Perceval and Lord
+Castlereagh by name as openly trafficking in seats; the petitioners
+further declaring that the presence of Sir Francis Burdett in the House
+was necessary to “enforce his plan of reform.” Angry debate followed,
+but neither Sir Francis nor Mr. Jones were released till the following
+month of June.
+
+On the 11th of May Mr. Croker proposed a vote for the ordinances of the
+Navy, when I embraced the opportunity of making what was at the time
+termed “one of the most remarkable speeches ever delivered in that
+House.” The speech indeed was remarkable—not for its eloquence, for it
+had none, but for some very awkward statistics which _my enforced
+leisure_ had enabled me to collect and arrange. And let me here remark,
+that when my parliamentary speeches are adduced, the object is to give a
+faithful picture of the condition as well of the House as of the Navy at
+that period, not as specimens of an eloquence to which I had no
+pretension. My parliamentary efforts, such as they are, are on record,
+and the reproduction of a portion may save both myself and the reader
+the trouble of further dilating thereon.
+
+One besetting sin of the Administration was the bestowal of pensions,
+which was carried on to a wonderful extent. Wives, daughters, distant
+relatives, &c., of all sorts of people who had votes or influence
+claimed a pension as a matter of right. Another besetting sin of the
+Government was doling out pittances scarcely sufficient for the support
+of life to those who had fought and bled for their country.
+
+Bearing this in mind, the reader will readily comprehend the following
+“remarkable” address—as it has been termed by historical writers—to the
+House of Commons:—
+
+ “An admiral, worn out in the service, is superannuated at 410_l._ a
+ year, a captain at 210_l._, a _clerk of the ticket office retires on_
+ 700_l._ _a year!_ The widow of Admiral Sir Andrew Mitchell has _one
+ third_ of the allowance given to the widow of a Commissioner of the
+ Navy!
+
+ “I will give the House another instance. Four daughters of the gallant
+ Captain Courtenay have 12_l._ 10_s._ each, the daughter of Admiral Sir
+ Andrew Mitchell has 25_l._, two daughters of Admiral Epworth have
+ 25_l._ each, the daughter of Admiral Keppel 24_l._, the daughter of
+ Captain Mann, who was killed in action, 25_l._, four children of
+ Admiral Moriarty 25_l._ each. That is—thirteen daughters of admirals
+ and captains, several of whose fathers fell in the service of their
+ country, receive from the gratitude of the nation a sum _less than
+ Dame Mary Saxton, the widow of a commissioner_.
+
+ “The pension list is not formed on any comparative rank or merit,
+ length of service, or other rational principle, but appears to me to
+ be dependent on parliamentary influence alone. Lieutenant Ellison, who
+ lost his arm, is allowed 91_l._ 5_s._, Captain Johnstone, who lost his
+ arm, has only 45_l._ 12_s._ 6_d._, Lieutenant Arden, who lost his arm,
+ has 91_l._ 5_s._, Lieutenant Campbell, who lost his leg, 40_l._, and
+ poor Lieutenant Chambers, who lost both his legs, has only 80_l._,
+ _whilst Sir A.S. Hamond retires on_ 1500_l._ _per annum_. The brave
+ Sir Samuel Hood, who lost his arm, has only 500_l._, _whilst the late
+ Secretary of the Admiralty retires, in full health, on a pension of_
+ 1500_l._ _per annum_!
+
+ “To speak less in detail, 32 flag officers, 22 captains, 50
+ lieutenants, 180 masters, 36 surgeons, 23 pursers, 91 boatswains, 97
+ gunners, 202 carpenters, and 41 cooks, in all 774 persons, cost the
+ country 4028_l._ _less than the nett proceeds of the sinecures of
+ Lords Arden_ (20,358_l._), _Camden_ (20,536_l._), _and Buckingham_
+ (20,693_l._).
+
+ “All the superannuated admirals, captains, and lieutenants put
+ together, have but 1012_l._ more than Earl Camden’s sinecure alone!
+ All that is paid to the wounded officers of the whole British navy,
+ and to the wives and children of those dead or killed in action, do
+ not amount by 214_l._ to as much as Lord Arden’s sinecure alone, viz.
+ 20,358_l._ What is paid to the mutilated officers themselves is _but
+ half as much_!
+
+ “Is this justice? Is this the treatment which the officers of the Navy
+ deserve at the hands of those who call themselves His Majesty’s
+ Government? Does the country know of this injustice? Will this too be
+ defended? If I express myself with warmth I trust in the indulgence of
+ the House. I cannot suppress my feelings. Should 31 commissioners,
+ commissioners’ wives, and clerks have 3899_l._ more amongst them _than
+ all the wounded officers of the Navy of England_?
+
+ “I find upon examination that the Wellesleys receive from the public
+ 34,729_l._, _a sum equal to 426 pairs of lieutenants’ legs, calculated
+ at the rate of allowance of Lieutenant Chambers’s legs. Calculating
+ for the pension of Captain Johnstone’s arm, viz. 45l., Lord Arden’s
+ sinecure is equal to the value of 1022 captains’ arms! The Marquis of
+ Buckingham’s sinecure alone will maintain the whole ordinary
+ establishment of the victualling department at Chatham, Dover,
+ Gibraltar, Sheerness, Downs, Heligoland, Cork, Malta, Mediterranean,
+ Cape of Good Hope, Rio de Janeiro, and leave 5460l. in the Treasury.
+ Two of these comfortable sinecures would victual the officers and men
+ serving in all the ships in ordinary in Great Britain, viz. 117 sail
+ of the line, 105 frigates, 27 sloops, and 50 hulks. Three of them
+ would maintain the dockyard establishments at Portsmouth and
+ Plymouth._ The addition of a few more would amount to as much as the
+ whole ordinary establishments of the royal dockyards at Chatham,
+ Woolwich, Deptford, and Sheerness; whilst the sinecures and offices
+ executed wholly by deputy would more than maintain the ordinary
+ establishment of all the royal dockyards in the kingdom!
+
+ “Even Mr. Ponsonby, who lately made so pathetic an appeal to the good
+ sense of the people of England against those whom he was pleased to
+ term demagogues, actually receives, for having been _thirteen months
+ in office_, a sum equal to nine admirals _who have spent their lives
+ in the service of their country_; three times as much as all the
+ pensions given to all the daughters and children of all the admirals,
+ captains, lieutenants, and other officers who have died in indigent
+ circumstances, or who have been killed in the service!”
+
+This portion of the speech, true in every figure, was not incorrectly
+termed “remarkable;” and it made an enemy of every sinecurist named, as
+I had afterwards but too good reason to know. Nevertheless, the
+Administration had made a mistake. I was not permitted to be employed
+_afloat_, and was determined to effect all the good I could for the
+naval service by advocating its interests _ashore_.
+
+But the worst was yet to come. My very excellent grandmother, of whom I
+have spoken in the first volume of this work in terms feebly expressive
+of her worth, had a pension of 100_l._ for the services of her gallant
+husband, Captain Gilchrist; and _though she had been dead eight years_,
+some patriotic individual had been _drawing her pension, as though she
+were still living_! Given, a hundred dead widows, with a pension of
+100_l._ each, and some one was at the national expense the richer by
+10,000_l._ per annum!
+
+On this point, I thus proceeded, no doubt to the intense disgust of the
+party enjoying the defunct pensions:—
+
+ “From the minute expenses noticed in the naval estimate, viz. for
+ oiling clocks, killing rats, and keeping cats, I suppose that great
+ care has been taken to have everything correct. It was, therefore,
+ with great surprise that I found the name of my worthy and respected
+ grandmother, the widow of the late Captain Gilchrist of the navy,
+ continuing on the list as receiving 100_l._ per annum, _though she
+ ceased to exist eight years ago_!”
+
+Notwithstanding the unanswerable argument of my grandmother’s pension,
+and the equally unanswerable comparison of sinecures and naval
+rewards—the Secretary of the Admiralty, Mr. Wellesley Pole, considered
+that he satisfactorily replied to both, by pronouncing my statements
+“inaccurate, and my complaints inconsistent! As to the pensions to the
+children of admirals, Lord Cochrane must know very well that _the widow
+or children of an admiral were not entitled, strictly speaking, to any
+pension_!”
+
+In his defence to the sinecures of his own family, Mr. Wellesley Pole
+was even more infelicitous:—
+
+ “Lord Cochrane has thought proper to make an attack on the Wellesley
+ family, of which I am a member. He asserts that the Wellesleys receive
+ from the public no less than 34,000_l._ a year in sinecure places, and
+ then makes a calculation of _the number of arms and legs which that
+ sum would compensate_. In answer to this, I must observe that no
+ member of the Wellesley family, _except the noble lord at the head of
+ it_, possesses any sinecure. That noble lord certainly did, many years
+ ago, receive the _reversion_ of a sinecure which had since fallen in,
+ when he was about to go to a distant part of the world, in a most
+ arduous and important public situation. He was at that time in a
+ delicate state of health, and had a large family!”
+
+That is, Mr. Wellesley Pole confirmed my calculation of the arms and
+legs. Though one sinecure had “fallen in,” he neither said when, nor
+what other sinecures had since accrued to the head of the family. His
+general reply to the matter is curious even at the present day. Mr.
+Wellesley Pole proceeded:—
+
+ “There is a considerable degree of eccentricity in the noble lord’s
+ manner, but at the same time he has so much good British stuff about
+ him, and so much knowledge of his profession, that he will always be
+ listened to with great respect. It is, therefore, the more to be
+ lamented that he does not follow the dictates of his own good
+ understanding, instead of being guided _by the erroneous advice, and
+ adopting the wild theories of others_. Let me advise him that
+ _adherence to the pursuits of his profession_, of which he is so great
+ an ornament, will tend more to his own honour and to the advantage of
+ his country, than a perseverance in _the conduct which he has of late
+ adopted, conduct which can only lead him into error_, and make him the
+ dupe of those who use the authority of his name to advance their own
+ mischievous purposes.”
+
+This overture was unmistakable. If I would quit Sir Francis Burdett,
+sell my constituents, and come over to the ministerial side, the
+Government would—despite the affair of Lord Gambier—put me in the way of
+advancement. If I did not forsake my party, the high professional
+character drawn by Mr. Wellesley Pole would avail me nothing—not even to
+get employed again! I need scarcely say that the overture,—politely
+insinuating, as it did, that I was to be bought—was rejected on my part.
+
+The remainder of my speech consisted of a contrast between this reckless
+extravagance in pensions and sinecures, and the petty saving which
+rendered the Navy useless:—
+
+ “Such are some of the pretended savings by which, when any are made,
+ the country is duped. Were there a prospect of success, I could point
+ out some savings better worthy attention. By adopting canvass of a
+ better quality, a saving equal to the additional income-tax imposed by
+ the Whigs may be made, equal, in fact, to one fourth of the Navy. The
+ remaining three fourths of the ships will be more effectual than the
+ whole, as their velocity would be increased by upwards of half a mile
+ in seven, and they would thus be enabled to capture those vessels
+ which at present escape from them all. The enemy distinguish our ships
+ of war from foreign ships by the colour of the wretched canvass, and
+ run away the moment they perceive our black sails rising above the
+ horizon, a circumstance to which they owe their safety, even more than
+ to its open texture. I have observed the meridian altitude of the sun
+ through the foretopsail, and by bringing it to the horizon through the
+ foresail, have ascertained the latitude as correctly as I could have
+ done otherwise. The paltry increase of cost will be more than
+ compensated by the superior strength of the canvass, on which depend
+ the safety of the ship and the preservation of all the lives on board.
+
+ “I shall, no doubt, hear it urged that a remedy is about to be
+ applied, and so it has ever since I can remember, but remedies at
+ public boards are sought in vain.”
+
+To comprehend the preceding statements, it may be necessary to observe
+that we had at that time more than 1000 ships of war of all classes
+afloat, and that from the general bad character of their sailing and
+equipment, the enemy, who had little more than a tenth of the number,
+fairly laughed at us. Under any circumstances, the waste of money was
+deplorable, but under the corrupt system by which worthless ships were
+then introduced into the Navy, to which subject allusion is made in the
+first volume, it was utter paralysation of every natural effort.
+
+The amount of obloquy these efforts to raise the condition of the naval
+service brought on me, amongst persons who held that afloat or ashore
+the duty of a naval officer was implicit obedience to the ministry of
+the day, will be readily understood. Reply to my statements being
+impossible, the ministerial organs made me the subject of numerous bad
+squibs, one of which is subjoined:—
+
+ “You fight so well and speak so ill, Your case is somewhat odd,
+ Fighting abroad you’re quite _at home_, Speaking at home—_abroad_;
+
+ Therefore your friends, than hear yourself, Would rather of you hear;
+ And that your name in the _Gazette_, Than _Journals_, should appear.”
+
+The wit is somewhat obtuse, but the feeling here expressed was no doubt
+sincere. The Ministers indeed began to suspect that they had committed
+an error in preventing me from joining my ship, and shortly afterwards
+attempted to repair it by ordering me immediately to sea! With what
+effect will appear in the next chapter.
+
+To the credit of the present age, wilful corruption has passed away, but
+false economy still prevails. It is only six years ago that we commenced
+a war without a single gun-boat, the only description of vessel that
+could operate with effect in the enemy’s waters. The consequence was
+that nothing was effected. At the close of the war we built gun-boats by
+the score, but now that they may be required for the defence of our own
+coasts, only to find them so rotten, as to be in danger of crumbling
+under the concussion arising from their own fire.
+
+In the absence of a more assignable reason, it may be assumed that they
+have been cheaply built, for it cannot for a moment be supposed that the
+disaster arose from want of proper supervision. The subjoined extract
+from a leading article of the _Times_ of April 25th, 1860, will tell the
+story better than I can, and by that the public will see that the vice
+of what may be termed extravagant saving is not yet extinct:—
+
+ “Five years ago we were compelled to denounce the management of our
+ military and naval establishments. The public and the Government have
+ long since done us justice in this matter, the former by demanding
+ that ‘the system’ which paralysed the efforts of Englishmen should be
+ at once reformed, the latter by setting about those reforms with more
+ or less activity. We have now, most unwillingly, to return to the
+ charge, and to lay before our readers a sad history of mismanagement
+ and waste.
+
+ “At this time, we are told, there are forty-seven gunboats, besides
+ mortar vessels, hauled up at Haslar yard. All the world remembers the
+ pæan which was sung over this miniature fleet. Christened with
+ coquettish little names, the gunboats, built according to the newest
+ model and commanded by gallant young officers, were the pets and the
+ pride of the country. It was told how after the war they were all
+ drawn up ready for use on the shortest notice, how they could be
+ brought down to the water in less than an hour, and the enemy
+ confronted in less than a week with an extempore fleet as formidable
+ as any that could issue from Cherbourg. Twenty-two, we are told, have
+ been repaired at a great cost, and, with the exception of coppering,
+ are fit for launching. Nine vessels are under repair, fourteen are
+ waiting examination. These repairs began more than three years ago,
+ and have been continued at intervals to the present time. It will
+ appear singular that vessels built only in 1854 and 1855 should so
+ soon require such extensive reconstruction. Very quietly do these
+ repairs seem to have been carried on. The decay has been attributed to
+ the fact that the gunboats had been stripped of their copper, and
+ placed high and dry in a current of air. But now it is announced that
+ the decay must be attributed to another cause. Some gunboats which had
+ been kept afloat have been hauled up, and have been found to be ‘far
+ more defective than those stored beneath the sheds, and the only
+ conclusion which can be arrived at is that the whole of our gunboats
+ afloat are unfit for service.’ They have been constructed with the
+ most reckless disregard to the quality of the material. If those which
+ have been examined are a sample of the whole, we are at this moment
+ without an efficient gunboat. Scarcely a sound piece of wood can be
+ seen about them, every part bearing marks of ‘sap,’ and some of the
+ ribs are completely enveloped with it; the pressure of the hand on
+ their frame crumbles it to dust. Much more to this effect is given in
+ our Naval Intelligence. The copper bolts, also, which should have gone
+ through and been clinched on each side, ‘were found to have been
+ changed into short ends of about two inches, driven in on each side;’
+ a fact which, if correct, convicts either the builders or their
+ workmen of a deliberate and most disgraceful fraud.
+
+ “It may be that _the Government price was too low, and it is said that
+ the only two sound vessels were built by a firm which lost money by
+ their construction_. But that cannot be an excuse for the others. The
+ public will demand a searching and unsparing inquiry into these
+ delinquencies, and if it should appear that men holding a foremost
+ position in the community have been guilty of such malpractices, they
+ should be duly exposed and punished.”
+
+
+
+
+ CHAP. XXX.
+
+MY PLANS FOR ATTACKING THE FRENCH COAST REFUSED, AND MYSELF SUPERSEDED.
+
+PLANS FOR ATTACKING THE FRENCH COAST SUBMITTED TO THE FIRST LORD, THE
+ RIGHT HONOURABLE CHARLES YORKE.—PEREMPTORILY ORDERED TO JOIN MY SHIP
+ IN AN INFERIOR CAPACITY.—MY REMONSTRANCE.—CONTEMPTUOUS REPLY TO MY
+ LETTER.—THREATENED TO BE SUPERSEDED.—MR. YORKE’S IGNORANCE OF NAVAL
+ AFFAIRS.—RESULT OF HIS ILL-TREATMENT OF ME.—MY REPLY PASSED
+ UNNOTICED, AND MYSELF SUPERSEDED.
+
+
+It has already been stated that the _Impérieuse_ frigate under my
+command had been placed by the Admiralty under the orders of the
+Honourable Captain Duncan, son of the distinguished admiral of that
+name, as acting-captain; but that permission to resume her command in
+the Scheldt had been refused on my application to rejoin her; no doubt
+with the intention of preventing me from effecting anything more which
+might become obnoxious to another admiral.
+
+Now that my presence in the House of Commons had become inconvenient,
+the Admiralty affected to consider that _I was unjustifiably absenting
+myself from my ship!_ and an intimation was given that I must join her
+_within a week_!
+
+So far from my absence being voluntary, _it had been forced_ upon me
+from the necessity of attending the court-martial and an acting-captain
+was to be put in my place. When I found that this step was determined
+on, I asked that Captain Duncan might be appointed, knowing that he
+would carry out my views in the management of a crew to which I was
+attached, as from long and arduous service they were attached to me. But
+notwithstanding this temporary appointment, I was anxiously urging on
+the Board of Admiralty the necessity of further operations in which it
+was my earnest wish to bear a part.
+
+The correspondence which took place with the Admiralty will not only
+show this, but the record may prove useful in case of future wars.
+
+On the 7th of June, 1810, I transmitted the subjoined letter to the Hon.
+Charles Yorke, who had succeeded Lord Mulgrave as First Lord of the
+Admiralty:—
+
+ “London, 7th June, 1810.
+
+ “SIR,—When I had the honour to present myself to you the other day, I
+ used the freedom to submit to your judgment the mode by which the
+ commerce of the enemy might, in my humble opinion, be greatly injured,
+ if not completely ruined, and that such mode, whilst assisting the
+ present, would be providing for the future, exigencies of the State.
+ The subject has pressed itself so forcibly on my attention, that I am
+ induced to address you by letter, which is perhaps the best means to
+ avoid engaging too much of your time.
+
+ “Passing over the points I then noticed as a stimulus to the Navy,
+ which, unfortunately for this country, though for the benefit of our
+ inveterate foe, is checked and restrained in its operations, I shall
+ beg permission to call your attention to other parts of the subject I
+ had then the honour to introduce.
+
+ “I am the more impelled to the intrusion by the intelligence recently
+ received of the islands of Las Medas on the coast of Catalonia having
+ been taken by the French, who were doubtlessly influenced by the
+ motive _that ought to actuate us to possess ourselves of the islands
+ on the coast of France_, or such of them as tend to aid her best
+ interests.
+
+ “In the present state of our Navy, the French rest in the fullest
+ confidence of assured security, and are, therefore, entirely at our
+ mercy, as regards the objects in my contemplation.
+
+ “In the present state of French security, L’Ile Groa at the mouth of
+ the Loire, and L’Ile Dieu on the coast of Brittany, may be easily
+ seized by 800 men, in defiance of any opposition; and by a _coup de
+ main_ a fourth part of that number would be sufficient. These islands
+ would afford safe anchorage to our cruisers, with the wind on shore,
+ and when, in the winter season, it is dangerous to approach them.
+
+ “The islands at the entrance of the port of Marseilles could be taken
+ by 100 men, and their importance is demonstrable by their situation.
+ United with the possession of one of the Hières, they would enable us
+ to cut off the communication between that part of France which
+ consumes the commodities of Italy, and thus the trade of Leghorn and
+ Genoa—once of importance to us—would be lost to our enemy, who now
+ exclusively enjoys it.
+
+ “The port of Bayonne, whence the French supply their dockyards at
+ Rochefort and Brest with timber, may be rendered useless by sinking a
+ few old vessels laden with stones. In like manner the anchorage of Ile
+ d’ Aix might be destroyed—the passages in the entrance of the Garonne
+ rendered impracticable—and that of Mamusson filled up.
+
+ “Proceeding on a more extensive scale, Belle Isle offers itself to
+ particular notice, and would be a most valuable acquisition, as it
+ gives shelter at all times to shipping. At Cette—commanding the
+ entrance of the canal through which the whole produce of Italy and the
+ shores of the Mediterranean are transported to the north of the French
+ empire—the locks might be seized on with facility, and held or blown
+ up, in defiance of the whole power of Buonaparte now in France. The
+ island of Elba might be reduced with as little difficulty, and as it
+ contains two excellent harbours, and protects the anchorage in the
+ Piombia passage, it is well calculated to interrupt all intercourse
+ between the Roman, Italian, and Tuscan States. Were it in our hands at
+ this moment, it would be an invaluable depôt for our manufactures,
+ which, on cutting off the trade with France, would be in the greatest
+ demand throughout the whole of Italy. It was given up at the
+ termination of the last war in ignorance—as may be presumed—of the
+ great advantage which it affords in this respect.
+
+ “I need not suggest to you, Sir, that if the measures on which I have
+ thus slightly touched were carried into effect, it would—even should
+ the enemy be disposed to disturb us—require a large portion of the
+ force _intended for the subjugation of Spain_, to be diverted from its
+ purpose. If these measures were to be followed up by a flying naval
+ expedition of trifling extent, and with comparatively only a handful
+ of troops, the enemy might be held in check, or at any rate their
+ plans elsewhere would be frustrated in part, and the remainder must
+ become insignificant from perplexity and embarrassment.
+
+ “I submit to you, Sir, that were it not for our naval superiority, and
+ a few thousand troops were at Buonaparte’s disposal, our coasts would
+ not be safe—the vessels in our ports would be swept away—and very
+ possibly the ports themselves laid in ashes. As we have at least
+ physical powers, and more honourable incitements than Buonaparte to
+ aid our energies and direct our objects, we ought bravely to pursue
+ all that he would dare to attempt.
+
+ “If, Sir, these points should appear to interest you, and you should
+ think it necessary to require of me further detail or information, I
+ shall be happy to wait on you for that purpose at any time you may be
+ pleased to name. I had intended to bring this subject before the
+ House, but a variety of obvious reasons showed me the propriety of
+ addressing you in the first instance.
+
+ “I have the honour, &c.,
+ “COCHRANE.
+
+ “The Right Hon. Charles Yorke.”
+
+In reply to this letter, I was told by Mr. Yorke that the acting-captain
+had been appointed to the _Impérieuse_ for _“my accommodation”!!_
+instead of Captain Duncan having been appointed from the necessity
+before mentioned! Mr. Yorke concluded his letter with a peremptory order
+for me to proceed to sea within a week:—
+
+ “Admiralty, June 8th, 1810.
+
+ “MY LORD,—I had the honour this morning of receiving your Lordship’s
+ letter of yesterday, communicating your Lordship’s opinions on various
+ points of service connected with operations on the French coast in the
+ Bay as well as in the Mediterranean, which appear to be nearly of the
+ same effect with those which I had the honour of hearing from your
+ Lordship personally some days ago.
+
+ “I beg to return you my thanks for this communication of your
+ sentiments, and have now to inform you that as your Lordship’s ship,
+ the _Impérieuse_, is now nearly ready for sea, and destined for the
+ Mediterranean, and as _the period of the session of Parliament during
+ which your Lordship has been accommodated with an acting-captain to
+ command the frigate in your absence (!) has now nearly reached its
+ close_, I presume that it is your intention to join her without loss
+ of time, and to proceed in her to join Sir Charles Cotton, who will no
+ doubt employ your Lordship in the annoyance of the enemy and in the
+ protection of our Allies in the manner best suited to the exigencies
+ of the service.
+
+ “I request that your Lordship will have the goodness to inform me as
+ early as you can _on what day next week it is your intention to join
+ your ship_, as His Majesty’s service will not admit of her sailing
+ being much longer postponed.
+
+ “I have the honour, &c.,
+ “C. YORKE.
+
+ “Capt. Lord Cochrane.”
+
+The assertion that an acting-captain had been appointed to the
+_Impérieuse_ for my accommodation as a member of Parliament was
+monstrous, for after the court-martial was ended I begged to be allowed
+to join her; first, soon after the Walcheren expedition sailed, and
+again when it failed to satisfy the national expectations; even then
+offering to destroy the enemy’s fleet as had been done in Aix Roads. I
+afterwards asked permission to view the siege of Flushing as a spectator
+only, and _was refused_, the refusal being fortunately still in my
+possession:—
+
+ “Admiralty, Oct. 11th, 1809.
+
+ “MY DEAR LORD,—I have mentioned your request to the Naval Lords at the
+ Board, and find it cannot be complied with.
+
+ “I am, my dear Lord,
+ “Your very faithful servant,
+ “MULGRAVE.
+
+ “The Lord Cochrane.”
+
+Notwithstanding Mr. Yorke’s version of the reason of my absence from the
+_Impérieuse_, I determined to make one more effort for permission to
+carry out my plans for harassing the enemy’s coast, and thereby
+preventing them from forwarding troops to Spain. My object was to get
+two or three frigates and a few troops under my command. Had I been able
+to accomplish this, what had been effected with the _Impérieuse_ alone
+on the coast of Catalonia will be my excuse for saying, that such a
+force would have been the most valuable aid to the British army in the
+Peninsula.
+
+Preferring, therefore, the service which I was desirous to render to my
+country to my own wounded feelings, I addressed another letter to Mr.
+Yorke:—
+
+ “London, June 11th, 1810.
+
+ “SIR,—In acknowledging the receipt of your letter of the 8th I confess
+ much embarrassment. The measures submitted to your judgment were, in
+ my humble opinion, of great national importance. They had in view to
+ weaken the hands of our enemy and strengthen our own. I therefore
+ indulged in the hope that they would have received your countenance
+ and support.
+
+ “It must have been apparent to you, Sir, that I did not offer them on
+ light grounds, nor without calculated certainty of success in the
+ event of their prosecution. I flattered myself with the hope of being
+ employed in the execution of a service on which my previous
+ observations would have enabled me to act with confidence.
+
+ “But although, Sir, you are pleased to thank me for my communication,
+ you pass over in silence the objects it embraced; and do away with
+ even the expressions of courtesy bestowed on it by asking ‘on what day
+ _in this week_ it was my intention to join my ship, as His Majesty’s
+ service would not admit of her sailing being much longer postponed;’
+ thus leaving me to conclude that in taking the liberty of approaching
+ you I had trespassed too far, and that to prevent my importunities in
+ future you had deemed it advisable to order me to join my ship, and
+ further, to join Sir Charles Cotton, who, you signify, ‘would no doubt
+ employ me in the annoyance of the enemy, and in the protection of our
+ Allies, in the manner best suited to the exigencies of the service.’
+
+ “I have throughout life been accustomed to do my duty to the utmost of
+ my power, and my anxiety to render the performance of it acceptable to
+ my country, whilst it stimulated me to inform myself on the best means
+ for that purpose, may have led me to intrude on those with whom alone
+ rests the power of encouraging my expectations. Yet I might have
+ imagined that my motives would sufficiently plead my excuse. On the
+ present occasion I had an additional inducement in addressing myself
+ in the first instance to you, Sir, instead of the House of Commons. I
+ felt that I was paying the respect due to the First Lord of the
+ Admiralty.
+
+ “It appears, however, that I have inadvertently offended, and am sorry
+ for it, as the public interest may be injured by the step I have
+ taken. I should have been gratified had you done me the honour to call
+ for details of the sketch which I laid before you, when I should have
+ been happy to supply a properly digested plan by which I propose to
+ secure the objects there shadowed forth.
+
+ “Had this plan, been brought under your consideration, I may venture
+ to say that you would have directed it to be carried into execution;
+ and I should have envied any person whom you might have honoured with
+ the charge of it, however much I might have regretted the refusal to
+ permit me to share in it, I should nevertheless have cheerfully
+ rendered every information required of me, or that I might have
+ conceived necessary.
+
+ “I have now no alternative than to submit to the wisdom of the House
+ the propositions you have thought proper to reject, or rather suffer
+ them to die away without further notice. I do not pride myself on the
+ accuracy of my judgment, but may be allowed to understand those
+ matters that come under my own immediate observation better than those
+ who have had no experience in such kind of warfare.
+
+ “The capture of Los Medas by the French has confirmed me in the
+ opinions I gave to Lord Mulgrave on my last _reconnaissance_ of Ile
+ d’Aix, and which I had the honour to state to you in my last. I again
+ submit that a similar course pursued by His Majesty’s Government
+ towards France would distract the purposes of Buonaparte, and injure
+ him infinitely more than any other step likely to be taken. The
+ capture of even one of the islands enumerated in my former letter
+ would be felt by him much as we should feel if a French force were to
+ capture the Isle of Wight.
+
+ “In another part of your letter you say that I have been
+ ‘_accommodated with an acting-captain to command the frigate during my
+ absence_.’ I have to assure you that it was an accommodation I never
+ solicited, and one which, far from conveying a favour, was extremely
+ painful to my feelings, as it prevented my going on a service which I
+ was extremely desirous of witnessing. I even made an application to
+ Lord Mulgrave for permission to be a spectator only of the scene of
+ Flushing, so as to avail myself of the opportunity to acquire
+ information about the Scheldt and its environs, but was refused,
+ although others not connected with the service obtained leave to
+ proceed there.
+
+ “In conclusion, I beg permission to say that I have yet some objects
+ of moment to bring forward in Parliament, and that as there is no
+ enterprise given to the _Impérieuse_, I have no wish that she should
+ be detained for me one moment.
+
+ “I have the honour, &c.,
+ “COCHRANE.
+
+ “The Right Hon. Chas. Yorke.
+
+ “P.S. Your letter, Sir, is marked ‘private,’ which I consider as
+ applying solely to the destination of the _Impérieuse_, and, of
+ course, shall be silent on that subject.”
+
+The reply of the First Lord was that it was “_neither his duty nor his
+inclination to enter into controversy with me!_” A proof how the
+interests of a nation may suffer from the political pique of a single
+man in power. Not an individual of the Ministry considered me incapable
+of carrying into execution, even with an insignificant force, the plans
+foreshadowed; yet they were treated with contemptuous silence, and a
+command to proceed immediately on a subordinate service.
+
+ “Admiralty, June 12th, 1810.
+
+ “MY LORD,—I have had the honour this morning of receiving your
+ Lordship’s letter of yesterday. _As I do not conceive it either my
+ public duty so it is by no means my private inclination to be drawn
+ into any official controversy with your Lordship, either in your
+ capacity of captain of a frigate in His Majesty’s service or of a
+ member of Parliament_.
+
+ “For this reason I must beg to decline replying to several parts of
+ your Lordship’s letter, in which you appear to have much misconceived
+ my meaning, as expressed in my former letter, or to observe upon the
+ turn and direction which your Lordship is pleased to endeavour to give
+ to our correspondence.
+
+ “I have thought it proper to lay the two letters which I have received
+ from your Lordship, being on points of service, before the Board of
+ Admiralty for their consideration; and have only now to request to be
+ distinctly informed whether or not it is your Lordship’s intention to
+ join your ship, the _Impérieuse_, now under orders for foreign
+ service, and nearly ready for sea, as soon as Parliament shall be
+ prorogued.
+
+ “I shall be much pleased to receive an answer in the affirmative,
+ because I should then entertain hopes that your activity and gallantry
+ might be made available for the public service. I shall be much
+ concerned to receive an answer in the negative, because in that case I
+ shall feel it to be my duty to consider it as your Lordship’s wish to
+ be superseded in the command of the _Impérieuse_.
+
+ “I am, my Lord,
+ “Your most obedient servant,
+ “C YORKE.
+
+ “Capt. Lord Cochrane.”
+
+A more unjust order from a lay Lord of the Admiralty than this, to join
+the _Impérieuse_ and proceed on foreign service, was never issued from
+the Admiralty.
+
+As a lay Lord, he was wholly ignorant of naval affairs, but nevertheless
+refused _even to listen_ to the advice of an experienced sea-officer,
+who had at least seen some service, and was therefore capable of
+offering an opinion. In place of this he ordered me to sea, without the
+semblance of promotion in any shape, or even the offer of a larger ship.
+
+I had nevertheless received the warm thanks of Lord Collingwood for—as
+his Lordship expressed it—having with a single frigate stopped a French
+army from penetrating into Eastern Spain. With the same inadequate means
+I had kept the whole coast of Languedoc in alarm, so as to prevent any
+combination of troops on the Spanish frontier, this voluntary service
+being executed in such a way as to induce Lord Collingwood to write to
+the Admiralty, that “_my resources seemed to have no end_.” Weighed down
+with fatigue and anxiety I had returned home, in the hope of relaxation,
+when the Admiralty, even before there had been time to pay off my ship,
+ordered me to prepare plans for destroying the French fleet in Aix
+Roads, Lord Gambier having plainly told them that, if he made the
+attempt, “it must be at _their peril and not his_.” I prepared those
+plans, with the addition of a novel element in naval warfare, and drove
+ashore the French fleet, which afterwards became a wreck, in spite of
+the want of proper co-operation on the part of the Admiral who had
+hesitated to attack them.
+
+On my return to England I had been offered by Lord Mulgrave the thanks
+of Parliament in conjunction with the Commander-in-chief, but refused to
+couple my name with his. After all these services, for which I never
+received reward nor thanks—except the red ribbon of the Bath from the
+hands of my sovereign—another First Lord ordered me to proceed to sea
+_in a week_, and that in a capacity as subordinate as the one occupied
+before any of these services had been performed! nay, more, in spite of
+my pointing out to him, how, with a trifling force, I could do far more
+than I had done—a proposition which he treated with contemptuous
+silence. There is nothing worse in the records of the Admiralty even at
+that period.
+
+Nevertheless, this ill-treatment determined me not to shrink from my
+duty, though I was resolved that Mr. Yorke should neither get an
+affirmative nor a negative from me as to joining the frigate. If the
+command of the _Impérieuse_, under the orders of Sir Charles Cotton,
+were forced upon me I would take it, but of this the Admiralty should be
+the judges—not I. Had Lord Collingwood lived to reach England the
+Admiralty would not have ventured to thrust such a command upon me after
+my services of the previous three years and my plans for future
+operations, which, as I have once or twice said, would have saved
+millions spent on prolonged strife in the Peninsula.
+
+In the vain hope that the national welfare would, on calm deliberation,
+rise superior to petty official spite, I again addressed Mr Yorke as
+follows:—
+
+ “Portman Square, June 14th, 1810.
+
+ “SIR,—When I had the honour to present to you in writing those ideas
+ that I had previously communicated verbally, it was far from my views
+ and contrary to my intention to draw you into any unofficial
+ correspondence. My solicitude to see the interests of my country
+ promoted and the power of the enemy reduced were my only objects. I
+ presumed that amidst the pressure of business any hints thrown out in
+ desultory conversation might escape your memory, but that committed to
+ paper they would meet your consideration. This was my chief reason for
+ addressing you by letter.
+
+ “As a member of Parliament I never harboured a wish to intrude myself
+ on your notice. I know that as a captain of a frigate I do not possess
+ any consequence, and am conscious that I never assumed any. But, Sir,
+ I submit that if information promising essential benefit to the State
+ is procured, the source from which it flows, however insignificant, is
+ not of the least moment.
+
+ “With an impression which I must lament, Sir, that you decline
+ entering on those parts of my letter which alone prevailed with me to
+ trouble you, I regret having done so. I am not in the habit of
+ entreaty, but when the public service is to be advanced entreaty
+ becomes a duty. I trust, therefore, that you will pardon me if I
+ repeat the hope that you will be pleased to regard the subject in a
+ more favourable light, and examine the grounds and principles on which
+ my opinions are founded. I feel convinced that any other officer
+ possessed of the knowledge necessary to form his judgment will tell
+ you that the measures I have proposed may _to a certainty and with
+ great ease be carried into execution_; and that the enemy would, in
+ consequence, be entirely crippled in his best resources.
+
+ “Had I been fortunate enough to receive the least encouragement from
+ you I should have brought forward other objects than those noticed.
+ Amongst these is one that has reference to the coast of Catalonia,
+ where the maritime towns are occupied by troops of the enemy just
+ sufficient to keep the peasantry in awe and exact from them
+ provisions. These, by possessing the open batteries, the French convey
+ coastways in fishing boats and small craft to their armies, which,
+ from the scarcity of cattle, fodder, and the state of the roads, they
+ could not obtain by any other means.
+
+ “The few troops stationed along the coast for these purposes might be
+ seized and brought off with a trifling force employed in the way I
+ have indicated. As a proof of this, the aid-de-camp of General Lechu,
+ and a whole company were brought off by the marines and crew of the
+ _Impérieuse_ alone, to whom they surrendered, well knowing that had
+ they left the battery they would have been put to death in detail by
+ the oppressed and irritated Spaniards.
+
+ “I am thankful, Sir, for your kindness in laying my letters before the
+ Lords Commissioners. The flattering terms in which you speak of my
+ humble abilities also demand my acknowledgment; and, whilst again
+ tendering them to the service of my country, I beg permission to say
+ that it is the first wish of my heart and the highest aim of my
+ ambition to be actively employed in my profession, and that from
+ former associations I prefer the _Impérieuse_ to every other frigate
+ in the Navy. But as she is to proceed immediately on foreign service,
+ I fear it is impossible for me to be in readiness to join her within
+ the time specified.
+
+ “I have the honour, &c.,
+ “COCHRANE.
+
+ “The Right Hon. Chas. Yorke.”
+
+To this letter no reply was vouchsafed, and the Honourable Captain
+Duncan was confirmed in the command of the _Impérieuse_, which in the
+_following month_ sailed to join Sir Charles Cotton off Toulon.
+
+Parliament being prorogued within a few days after the date of the last
+letter, I had no opportunity of bringing the subject before the House.
+
+On the publication of the first volume, it was said by some gentlemen of
+the press, when kindly reviewing its contents, that something more might
+have been said of that excellent and gallant admiral, Lord Collingwood.
+This, I admit, would have been an easy task as regards the gossip of
+others relative to his Lordship, but that is not the principle upon
+which this work is conducted, every incident therein having befallen
+myself personally.
+
+The fact was, that though I had the good fortune to serve under Lord
+Collingwood, it had never been my lot to serve with him. His Lordship’s
+first act on joining him was, as is narrated in the first volume, to
+appoint me as the successor of the officer in command of the squadron in
+the Ionian Islands. Shortly after my arrival at Corfu, I fell in—as has
+also been said in the first volume—during a cruise with a number of
+enemy’s vessels _bearing the commandant’s license to trade_! and in
+spite of the license captured and sent them to Malta for condemnation.
+The commandant, as shown in the first volume, hereupon denounced me to
+Lord Collingwood _as an unfit person to command a squadron_. I was
+immediately afterwards recalled, and, as the reader knows, was
+subsequently employed in harassing the French and Spanish coasts,
+without further personal intercourse with his Lordship, except when
+paying a flying visit to the fleet blockading Toulon.
+
+
+
+
+ CHAP. XXXI.
+
+ VISIT TO THE ADMIRALTY COURT AT MALTA.
+
+THE MALTESE ADMIRALTY COURT.—ITS EXTORTIONATE FEES, AND CONSEQUENT LOSS
+ TO CAPTORS.—MY VISIT TO MALTA.—I POSSESS MYSELF OF THE COURT TABLE
+ OF FEES.—INEFFECTUAL ATTEMPTS TO ARREST ME.—I AT LENGTH SUBMIT, AND
+ AM CARRIED TO PRISON.—A MOCK TRIAL.—MY DEFENCE.—REFUSE TO ANSWER
+ INTERROGATORIES PUT FOR THE PURPOSE OF GETTING ME TO CRIMINATE
+ MYSELF.—AM SENT BACK TO PRISON.—AM ASKED TO LEAVE PRISON ON BAIL.—MY
+ REFUSAL AND ESCAPE.—ARRIVAL IN ENGLAND.
+
+
+At the commencement of 1811, finding that, in place of anything being
+awarded to the _Impérieuse_ for numerous prizes taken in the
+Mediterranean, the Maltese Admiralty Court had actually brought me in
+debt for vicious condemnation, I determined to go to Malta, and insist
+on the fees and charges thereon being taxed according to the scale upon
+which the authority of the Court in such matters was based.
+
+It is not my intention to enter generally into the nature of the demands
+made by the Maltese Court, but rather to point out the manner in which,
+after realisation of the prize funds, costs were inflicted on the
+officers and crews of ships of war, till little or nothing was left for
+distribution amongst the captors. This will give a good idea of the
+practices which prevailed; preventing officers from harassing the
+coasting trade of the enemy, as the expenses of condemning small craft
+were ruinous, being for the most part the same as those charged by the
+Court for the condemnation of large vessels.
+
+One of the customs of the Court was as follows: to charge as fees _one
+fourth_ more than the fees of the High Court of Admiralty in England;
+this one fourth was practically found to amount in some cases to _one
+half_, whilst any scale of charges by which the conduct of the Court was
+guided, remained inaccessible to the captors of prizes.
+
+The principal officer of the Court in this department was a Mr. Jackson,
+who held the office of Marshal. This officer, however, though resident
+in Malta, performed his duty of marshal by deputy, for the purpose of
+enabling him also to exercise the still more profitable office of
+proctor, the duties of which he performed in person. The consequence was
+that every prize placed in his hands as proctor had to pass through his
+hands as marshal! whilst as proctor it was further in his power to
+consult himself as marshal as often as he pleased, and to any extent he
+pleased. The amount of self-consultation may be imagined. Right
+profitably did Mr. Proctor Jackson perform the duty of attending and
+consulting himself as Mr. Marshal Jackson!
+
+Subjoined is an extract from the charges of Proctor Jackson for
+attending himself as Marshal Jackson:—
+
+ Cro. reals. sc.
+
+ Attending (as proctor) in the registry and 2 0 0
+ bespeaking a monition
+
+ Paid (himself as marshal) for said monition under 9 0 0
+ seal, and extracting
+
+ Copy of said monition for service 2 0 0
+
+ _Attending the Marshal!_ (himself) _and feeing and 2 0 0
+ instructing him to execute the same!_
+
+ _Paid the Marshal_ (himself) _for service of said 2 0 0
+ monition!_ (on himself)
+
+ _Certificate of service!_ (on himself) 1 0 0
+
+ _Drawing and engrossing affidavit of service!_ (on 2 0 0
+ himself)
+
+ _Oath thereto, and attendance!_ (on himself) 2 2 3
+
+By what ingenious process Marshal Jackson managed to administer the oath
+to himself as Proctor Jackson I know not, but the above charges are
+actual copies from a bill in my possession, the said bill containing
+_many hundred_ similar items besides. Some idea of its extent may be
+formed from the statement that, previously to a debate on the subject, I
+pasted together an exact copy the different sheets of which the bill of
+charges was composed, formed them into a huge roll, and, amidst the
+astonishment and laughter of the House of Commons, one day unrolled it
+along the floor of the House, when it reached from the Speaker’s table
+to the bar!!
+
+In addition to this multitude of fees and charges, the Marshal also
+claimed, and received as his own especial perquisite, _one half per
+cent_ on the inspection of prizes, _one per cent_ for their
+appraisement, and _two and a half per cent_ on the sale. This, with _one
+fourth_ added as aforesaid, made just _five per cent_ on all captures
+for the Marshal’s perquisite alone, irrespective of his other fees;
+which, being subjected to no check, were extended according to
+conscience. So that, for every amount of prizes to the extent of
+100,000_l._ the Marshal’s share, as a matter of course, would be
+5000_l._, wholly irrespective of other fees of Court calculated on a
+similar scale. When numerous other officials had to be paid in like
+manner, also without check on their demands, it scarcely needs to be
+said that such prizes as were usually to be picked up by ships of war on
+the Mediterranean coast entailed positive loss on their captors; the
+result, as has been said, being that officers avoided taking such
+prizes, and thus the enemy carried on his coasting operations with
+impunity. In other words, the most important object of war—that of
+starving out the enemy’s coast garrisons—was suspended by the
+speculations of a colonial Admiralty Court!
+
+Foiled in procuring redress in the House of Commons, where my statements
+were pooh-poohed by the representatives of the High Court of Admiralty
+as rash and without proof, I determined on procuring, by any means
+whatever, such proof as should not easily be set aside.
+
+Embarking, therefore, in my yacht _Julie_, one of the small French ships
+of war captured at Caldagues and afterwards purchased by me, as narrated
+in the first volume, I set sail for the Mediterranean.
+
+On arriving at Gibraltar I considered it prudent to quit my yacht,
+fearing that so small a vessel might fall a prey to the French cruisers,
+and embarked on board a brig-of-war bound to Malta.
+
+My first demand upon the Admiralty Court on arriving at that place was,
+that the prize accounts of the _Impérieuse_ and _Speedy_ should be taxed
+according to the authorised table of fees. This revision was refused.
+
+Entering the Court one day when the Judge was not sitting, I again
+demanded the table of fees from Dr. Moncrieff, then Judge-Advocate, who
+denied that he knew anything about them. As by Act of Parliament they
+ought to have been hung up in the Court, I made careful search for them,
+but without success. Entering the Judge’s robing-room unopposed, I there
+renewed the search, but with no better result, and was about to return
+tableless; when, having been directed to a private closet, I examined
+that also, and there, wafered up behind the door of the Judge’s
+retiring-chamber, was the Admiralty Court table of fees! which I
+carefully took down, and reentered the Court in the act of folding up
+the paper, previously to putting it in my pocket.
+
+Dr. Moncrieff instantly saw what I had got, and rose from his seat with
+the intention of preventing my egress. Reminding him that I had no cause
+of quarrel with or complaint towards him, I told him that guarding the
+Judge’s water-closet formed no part of his duties as Judge-Advocate; and
+that it was rather his place to go and tell the Judge that I had taken
+possession of a public document which ought to have been suspended in
+Court, but the possession of which had been denied. He seemed of the
+same opinion, and suffered me to depart with my prize; this in half an
+hour afterwards being placed in the possession of a brother-officer who
+was going over to Sicily, and promised to take charge of it till my
+arrival at Girgenti.
+
+This “Rape of the Table,” as it was termed in a poem afterwards written
+on the occasion by my secretary and friend, Mr. Wm. Jackson, caused
+great merriment, but the Judge, Dr. Sewell, was furious, not perhaps so
+much at the invasion of his private closet, as at losing a document
+which, when laid before the House of Commons in connexion with the fees
+actually charged, would infallibly betray the practices of the Maltese
+Court. A peremptory demand was accordingly made of me for the
+restoration of the table, this being met by my declaration that it was
+not in my possession. The Judge, believing this to be untrue, though in
+fact the tables were in Sicily, finally ordered me to be arrested for an
+insult to the Court!
+
+The duty of arresting me devolved on my friend in duplicate, Mr. Marshal
+Mr. Proctor Jackson. I reminded him that the Court was not sitting when
+the alleged offence was committed, and therefore it could be no insult.
+I further cautioned him that his holding the office of proctor rendered
+that of marshal illegal, and that if he dared to lay a finger on me, I
+would treat him as one without authority of any kind, so that he must
+take the consequences, which might be more serious to himself personally
+than he imagined.
+
+The proctor-marshal, well knowing the illegality of his double office,
+which was not known—much less officially confirmed in England—prudently
+declined the risk, on which the Judge ordered the deputy marshal, a man
+named Chapman, to arrest me. Upon this I informed Chapman that his
+appointment was illegal also, first as holding the office of deputy
+marshal to an illegally constituted person, and secondly, from his also
+exercising the duplicate office of deputy auctioneer—the auctioneer
+being a sinecurist resident in London!! So that if, as deputy marshal
+combined with deputy auctioneer, he ventured to arrest me, he too must
+put up with the consequences.[74]
+
+Footnote 74:
+
+ The Tory organs in England said that I threatened to shoot Chapman. I
+ need hardly say that this was a gratuitous falsehood. With the
+ exception of the silly duel narrated in the first volume, I never
+ either harmed, or intended to harm, a man in my life, otherwise than
+ in action. The fact was, both these Maltese officials were illegally
+ appointed, and they knew it. The officers and crews of the ships of
+ war present had but too much experience of their selfish conduct, and
+ were as well pleased as myself at the success of my method of keeping
+ their natural enemies at bay, so that the _pseudo_-marshals were in
+ reality frightened at their own warrants.
+
+This went on for many days, to the great amusement of the fleet in
+harbour, no one being willing to incur the risk of arresting me, though
+I walked about Malta as usual, Chapman following me like a shadow. At
+length the Judge insisted on the deputy marshal-auctioneer arresting me
+at all risks, on pain of being himself committed to prison for neglect
+of carrying out the orders of the Court. Finding himself in this
+dilemma, Chapman resigned his office.
+
+On this a man named Stevens, unconnected with any other official
+position, was appointed in a proper manner; and all the legal
+formalities being carefully entered into, I no longer resisted, as that
+would have been resistance to law.
+
+The manner in which the arrest was made showed a spirit of petty
+malevolence quite in keeping with the dispositions of men who were
+making enormous fortunes by plundering the officers and crews of His
+Majesty’s ships of war. I was on a visit to Percy Fraser, the naval
+commissioner, when the newly appointed deputy marshal who had watched me
+in was announced, and on entering told me he was come to arrest me. On
+demanding his credentials, I found them to be signed by Mr. Proctor
+Jackson, and as I wanted this proof of his acting as marshal illegally,
+admitted myself satisfied with them.
+
+The deputy marshal then requested me to accompany him to an inn, where I
+might remain on parole. I told him that I would do nothing of the kind,
+but that if he took me anywhere it must be to the town gaol, to which
+place he then requested me to accompany him. My reply was:—“No. I will
+be no party to an illegal imprisonment of myself. If you want me to go
+to gaol, you must carry me by force, for assuredly I will not walk.”
+
+As the room was full of naval officers, all more or less victims of the
+iniquitous system pursued by the Maltese Court, the scene caused some
+merriment. Finding me inflexible, the Vice-admiralty official sent—first
+for a carriage, and then for a piquet of Maltese soldiers, who carried
+me out of the room on the chair in which I had been sitting. I was then
+carefully deposited in the carriage, and driven to the town gaol.
+
+The apartments assigned for my use were the best the place afforded, and
+were situated on the top story of the prison, the only material
+unpleasantness about them being that the windows were strongly barred.
+The gaoler, a simple worthy man, civilly inquired what I would please to
+order for dinner. My reply was:—“Nothing!—that, as he was no doubt
+aware, I had been placed there on an illegal warrant, and would not pay
+for so much as a crust; so that if I was starved to death, the Admiralty
+Court would have to answer for it.”
+
+At this declaration the man stood aghast, and shortly after quitted the
+room. In about an hour he returned with an order from Mr. Marshal
+Jackson to a neighbouring hotel-keeper, to supply me with whatever I
+chose to order.
+
+Thus armed with _carte-blanche_ as to the _cuisine_, I ordered dinner
+for six; under strict injunctions that whatever was prized in Malta, as
+well in edibles as in wines, should be put upon the table. An intimation
+to the gaoler that he would be the richer by the scraps, and to the
+hotel master to keep his counsel for the sake of the profits, had the
+desired effect; and that evening a better-entertained party (naval
+officers) never dined within the walls of Malta gaol.
+
+This went on day after day, at what cost to the Admiralty Court I never
+learned nor inquired; but, from the character of our entertainment, the
+bill when presented must have been almost as extensive as their own
+fees. All my friends in the squadron present at Malta were invited by
+turns, and assuredly had no ward-room fare. They appeared to enjoy
+themselves the more heartily, as avenging their own wrongs at the
+expense of their plunderers.
+
+At length the Admiralty authorities thought it high time to decide what
+was to be done with me. It was now the beginning of March, and I had
+been incarcerated from the middle of February without accusation or
+trial. It was evident that if I were imprisoned much longer, I might
+complain of being kept out of my place in Parliament, and what the
+electors of Westminster might say to this, or what the House of Commons
+itself might say, were questions seriously to be pondered by men whose
+titles to office were unconfirmed. They had at length discovered that I
+had committed no offence beyond the fact of having been seen to fold up
+and put in my pocket a piece of dirty paper, but what that paper might
+be, or where it was, there was no evidence whatever.
+
+At length they hit upon a notable expedient for getting rid of me, viz.
+to get His Excellency the Governor to ask me to give up the table of
+fees. This I declined, telling His Excellency that as I had been
+incarcerated illegally I would not quit the prison without trial.
+
+It was accordingly determined that I should be put on my trial, the
+puzzle being as to what offence I should be accused of. The plan, as I
+afterwards found, was to interrogate me, and thus to entrap me into
+becoming my own accuser.
+
+On the 2nd of March I was taken to the Court-house, accompanied by the
+naval commissioner Mr. Fraser, Captain Rowley the naval officer in
+command, and nearly all the commanding officers in port.
+
+Two clerks, one a German and the other a Maltese, were said to have
+deposed to “seeing a person, whom they believed to be Lord Cochrane,
+with a folded paper.” On the strength of this evidence, the following
+charge was made out:—“That I had entered _the Registry_ of the Admiralty
+Court, and had there taken down the table of charges; that I had held up
+the same, so as to cause it to be seen by the King’s Advocate, Dr.
+Moncrieff, and had then put it in my pocket, and walked away.”[75]
+
+Footnote 75:
+
+ This charge contained a wilful falsehood, viz. that the table of fees
+ was hung in “the Registry;” the perversion of truth being proved by
+ the remarks in Parliament of the King’s Advocate, Sir John Nicholls,
+ on the authority of the Maltese Court, as follows:—
+
+ “Lord Cochrane went to the court-room of the Vice-Admiralty, for the
+ purpose of comparing the charges in his bills with the table of
+ established fees, which, according to Act of Parliament, ‘should be
+ suspended in some conspicuous part of the Court.’ After looking for it
+ in vain in the Court, _and in the Registry_, whither he was first
+ directed by His Majesty’s Advocate, he was told that he might see it
+ affixed on a door leading to the adjoining room. The table was
+ certainly not in its place—but it was as certainly not concealed!”
+ (_Speech of Sir J. Nicholls in the House of Commons, June 6th, 1811._)
+
+ It was equally false that the King’s Advocate directed me where to
+ look for the table of fees; the whole affair having taken place as
+ narrated in this chapter.
+
+To this I replied that “there must be an error, for as the Act of
+Parliament ordered that the table of charges should be displayed in open
+Court, it could not possibly have been the paper which I saw in the
+Judge’s water-closet. That the paper showed by me to Dr. Moncrieff was
+folded up, so that he was necessarily ignorant of its purport or
+contents. Finally, I denied having taken down the table of charges, as
+established by Act of Parliament, from the Court-room.” After this reply
+I demanded to be confronted with my accuser, for the purpose of
+cross-examining him.
+
+This the Judge would not allow, but said he should consider my denial in
+the light of a plea of “not guilty.” He then put to me a series of
+interrogatories, for the purpose of getting me to criminate myself; but
+to these I refused to reply in any way, merely repeating my assurance
+that his Honour must have made a mistake, it being highly improbable
+that the lost table of fees should have been hung anywhere but in open
+Court, as the Act of Geo. II. prescribed, viz.: _in an open, visible,
+and accessible place_, which his Honour’s retiring-closet was not. Dr.
+Sewell then admitted that the charges entered on the table of fees _had
+not been ratified by the King in Council!_ and that he had therefore not
+caused them to be suspended in open Court, according to the Act. On
+which declaration I protested against the whole proceedings as illegal.
+
+Finding that nothing could be done, the Judge then _asked me to go at
+large on bail!_ This I flatly refused, alleging myself to be determined
+to remain where I was, be the consequence what it might, till the case
+should be decided on its merits. At this unexpected declaration the
+Court appeared to be taken aback, but as I refused to be bailed, the
+Judge had no alternative but to remand me back to prison.[76]
+
+-----
+
+Footnote 76:
+
+ As it may be useful to note the despotic practices of our foreign
+ tribunals in those days, I will transcribe a portion of the Judge’s
+ speech on this occasion, as correctly reported at the time. On my
+ demanding to cross-examine the witnesses against me, Dr. Sewell said:—
+
+ “The present course was the one practised on these occasions. He would
+ not allow any but a direct answer to the charge made, and if that
+ contained no crime, he should himself be responsible.”
+
+ He then said that he must administer to Lord Cochrane certain
+ interrogatories, and on Lord Cochrane persisting in demanding his
+ accuser or accusers, in place of replying to the questions, _the Judge
+ peremptorily required answers_.
+
+ In place of giving these, I denied the competence of the Court to take
+ cognizance of a criminal charge, asserting that it was not a Court of
+ Record; and that on a pretended accusation made by witnesses who could
+ not be produced, I had been arrested, imprisoned in the common gaol,
+ and publicly criminated, without being permitted to clear myself by
+ being placed face to face with my accusers, &c. &c.
+
+-----
+
+On arriving there, my friends were of opinion that the affair had been
+carried far enough, and that I should apologise for taking the table of
+charges, and send for it to Girgenti. To this counsel I refused to
+listen, as I wanted the tables for exhibition in the House of Commons,
+and would in no way compromise the matter.
+
+On this the senior naval officer, Captain Rowley, said to me:—“Lord
+Cochrane, you must not remain here; the seamen are getting savage, and
+if you are not out soon they will pull the gaol down, which will get the
+naval force into a scrape. Have you any objection to making your
+escape?” “Not the least,” replied I, “and it may be done; but I will
+neither be bailed, nor will I be set at liberty without a proper trial.”
+
+In short, it was then arranged that my servant, Richard Carter, should
+bring me some files and a rope; that I should cut through the iron bars
+of the window; and that when everything was in readiness, on the first
+favourable night, a boat should be manned at the sallyport, and that I
+should be taken across to Sicily, to pick up the table of fees at
+Girgenti.
+
+Some three or four nights were occupied in cutting through the bars, the
+marks being concealed in the day-time by filling up the holes with a
+composition. When all was in readiness, my friends and I held our last
+_symposium_ at the expense of the Admiralty Court. The gaoler was
+purposely made very tipsy, to which he was nothing loth; and about
+midnight, having first lowered my bedding into the streets, to be
+carried off by some seamen under the direction of my servant, I passed a
+double rope round an iron bar, let myself down from the three-story
+window, pulled the rope after me, so that nothing might remain to excite
+suspicion, and bade adieu to the merriest prison in which a seaman was
+ever incarcerated.
+
+On arriving at the harbour I found the _Eagle’s_ gig in readiness, and
+several brother-officers assembled to take leave of me. The night was
+dark, with the sea smooth as glass, it being a dead calm. When pulling
+along the island we came up with the English packet, which had sailed
+from Malta on the previous day, she having been since becalmed. As she
+was bound to Girgenti, to pick up passengers and letters from Naples,
+nothing could be more opportune; so, dismissing the gig, I went on
+board, and was on my way to England, doubtless, before I was missed from
+my late involuntary domicile at Malta. I had thus a manifest advantage
+in those days of slow transit, viz. that of arriving in England a month
+before news of my escape from Malta could be sent home by the
+authorities of the Admiralty Court.
+
+As I afterwards learned, nothing could exceed the chagrin of the
+Admiralty officials at having lost, not only their table of charges, but
+their prisoner also. No one had the slightest suspicion that I had gone
+to sea, and that in a man-of-war’s boat. Yet nothing could better show
+the iniquitous character of the Maltese Admiralty Court than the fact
+that my escape was planned in conjunction with several naval officers
+present in harbour who lent me a boat and crew, for the purpose; the
+whole matter being previously known to half the naval officers present
+with the squadron, and, after my escape, to not a few of the seamen, all
+of whom must have been highly amused at the diligent search made for me
+the next day throughout Valetta, but still more at the _reward offered
+for those who aided me in escaping_. Yet not a word transpired as to the
+direction I had taken, or the time occupied in searching for me on the
+island might have been turned to better account by an endeavour to
+intercept me at Gibraltar, where I remained long enough to dispose of my
+yacht, and amuse the garrison with a narrative of my adventures since I
+left the Rock two months before!
+
+
+
+
+ CHAP. XXXII.
+ NAVAL LEGISLATION HALF A CENTURY AGO.
+
+INQUIRY INTO THE STATE OF THE NAVY.—CONDITION OF THE SEAMEN.—THE REAL
+ CAUSE OF THE EVIL.—MOTION RELATIVE TO THE MALTESE COURT.—ITS
+ EXTORTIONATE CHARGES.—MY OWN CASE.—A LENGTHY PROCTOR’S BILL.—EXCEEDS
+ THE VALUE OF THE PRIZE.—OFFICERS OUGHT TO CHOOSE THEIR OWN
+ PROCTORS.—PAPERS MOVED FOR.—MR. YORKE’S OPINION.—SIR FRANCIS
+ BURDETT’S.—MY REPLY.—MOTION AGREED TO.—CAPTAIN BRENTON’S
+ TESTIMONY.—FRENCH PRISONERS.—THEIR TREATMENT.—MINISTERS REFUSE TO
+ INQUIRE INTO IT.—MOTION ON MY ARREST.—CIRCUMSTANCES ATTENDING IT.—MY
+ RIGHT TO DEMAND TAXATION.—THE MALTESE JUDGE REFUSES TO NOTICE MY
+ COMMUNICATIONS.—AFRAID OF HIS OWN ACTS.—PROCEEDINGS OF HIS OFFICERS
+ ILLEGAL.—TESTIMONY OF EMINENT NAVAL OFFICERS.—PROCLAMATION ON MY
+ ESCAPE.—OPINION OF THE SPEAKER ADVERSE.—MR. STEPHEN’S ERRONEOUS
+ STATEMENT.—MOTION OBJECTED TO BY THE FIRST LORD.—MY REPLY.
+
+
+On my return from the Mediterranean, having no prospect of employment, I
+devoted myself assiduously in Parliament to the course I had marked out
+for myself, viz. the amelioration of the condition of the naval service;
+whether by originating such measures of my own accord, or assisting
+others who had the same object in view.
+
+At this period it was the custom to compel naval officers on foreign
+stations, in whatever part of the world located, to draw bills for their
+pay. The consequence was that the bills had to be sold at a discount
+sometimes amounting to 35 and 40 per cent, the whole of the loss falling
+on the officers negotiating the bills.
+
+A motion to place officers of the navy upon the same footing as officers
+of the army was made by Captain Bennet, and strenuously opposed by the
+First Lord of the Admiralty, Mr. Yorke, as an innovation on _old rules
+and customs_, which, when once sanctioned, no one could tell where it
+might stop.
+
+Upon this I inquired “what greater difficulty there could be in paying
+officers of the navy abroad than in paying officers of the army? There
+were consuls at all the foreign stations, who could certify what the
+rate of exchange really was. Under the present system, to my own
+knowledge, officers on the Gibraltar station were 25 per cent, or a
+fourth of their scanty pay, out of pocket, and it was with great
+difficulty that they could provide themselves with proper necessaries.”
+
+The effect of these remarks was, that Sir C. Pole moved as an amendment
+that a Committee should be appointed to inquire into the state of the
+navy generally, and this was seconded by Admiral Harvey.
+
+The debate having taken this turn gave me the opportunity of entering
+more minutely into particulars. I will transcribe my remarks from the
+reports of the time:—
+
+ “LORD COCHRANE said an increase of pay to the seamen in the navy would
+ be of little advantage to them, so long as the present system
+ continued. He had in his hands a list of ships of war in the East
+ Indies. The _Centurion_ had been there eleven years—the _Rattlesnake_,
+ fourteen years, came home the other day, with only one man of the
+ first crew—the _Fox_ frigate, under the command of his brother, had
+ been there fifteen years—the _Sceptre_ eight years—the _Albatross_
+ twelve, &c. Not one farthing of pay had been given all that period to
+ all those men. He had made a calculation on the _Fox_ frigate, and
+ supposing only one hundred of the men returned, there would be due to
+ the crew 25,000_l._, not including the officers. What became of these
+ sums all the while? The interest ought to be accounted for to
+ Government or to the seamen themselves. The _Wilhelmina_ had been ten
+ years, the _Russell_ seven years, the _Drake_ six years, of which the
+ men would be exiles from England for ever, and another vessel four
+ years. Nothing would be of greater service than the frequently
+ changing the stations of ships, which might be done without any
+ inconvenience, and even with much advantage to the East-India
+ Company’s ships.
+
+ “The seamen, said Lord Cochrane, from the want of their pay, had no
+ means of getting many necessaries of the utmost consequence to their
+ health and comfort. They drew less prize-money under the existing acts
+ than formerly. He instanced a vessel, the proceeds of which came to
+ 355_l._; by the present mode of distribution the seaman would receive
+ 13_s._ 5½_d._, whilst by the old mode he would have received 15_s._
+ 1½_d._ From the officers’ share there was deducted in all 75 _per
+ cent_, allowing only 10 per cent for the prize courts.
+
+ “The Minister had exultingly asked, what had become of the commerce of
+ France? But he would undertake to show him, before he was 48 hours on
+ the coast of France, at least 200 sail of the enemy’s vessels. If they
+ were to pay more liberally the Judges of the Admiralty Courts, and
+ operate a proper reformation in them, he would undertake to say that
+ they might score off at least one third of the present ships of the
+ navy. Ministers said there were no vessels on the coast of France, but
+ he said there were; and, if they would go with him, he would show them
+ how they could be got at.
+
+ “He rather thought that the inattention of Government to the
+ profligate waste of the public money, arose from their unwillingness
+ to believe anything contrary to their own crude notions on these
+ subjects. He stated, and he begged the House to attend to it, for it
+ was as important as the subject of Mrs. Clarke, that in the reign of
+ James the Second the pay of a captain of a first-rate was 80_l._ more
+ than at present. King William, when he came over with his Dutch
+ troops, whom he was much more anxious to attend to than he was to
+ attend to his subjects here, took up his pen and cut off one half of
+ the pay. So much for foreign troops; but still, taking the advance of
+ prices into view, King William left it far better than it is now. His
+ Lordship then again called the attention of the House to the extent to
+ which the French coasting trade was carried on, and observed that it
+ could not be checked, unless greater encouragement were given to the
+ captains. If he commanded a ship on the French coast, by keeping at a
+ good distance he might go to sleep, but in order to intercept those
+ coasting vessels the captain must be on deck watching all night. It
+ was impossible officers would do this merely to put money into the
+ pockets of those who practised in the Admiralty Courts.
+
+ “MR. YORKE said that at this late period of the session it would be
+ impossible to enter upon a subject of such detail. As to ships being
+ detained so long upon foreign and distant stations, it was much to be
+ regretted, but it was often unavoidable.”
+
+These were singular reasons for not entertaining a subject of such
+importance. According to Mr. Yorke, it was too late in the session to
+conduct the war successfully, whilst the other evil complained of could
+only be “regretted!”
+
+For want of better argument, I was accused of insinuating that without
+the chance of prize-money officers would lose a great incentive to duty.
+I only took human nature as I found it, and it is not in human nature to
+exercise unremitting vigilance and exertion without the hope of reward;
+much less that unceasing vigilance, by night as well as day, requiring
+almost constant presence on deck to intercept an enemy’s coasting trade,
+carried on almost solely in the night, when the enemy felt secure of our
+vessels being run out to sea, from want of motive to remain in shore.
+
+On the 6th of June I entered on the subject of the Maltese Court of
+Admiralty. As the debate in the House is sufficiently explicit, previous
+comment is unnecessary.
+
+ _“Vice-Admiralty Court of Malta._
+
+ “Lord Cochrane rose to make the motion of which he had given notice.
+ The noble lord began by stating that he had before had occasion to
+ trouble the House on this subject, but he then failed in his attempt
+ to obtain justice, on the ground that there was not sufficient
+ evidence of the facts stated to warrant the House in entertaining his
+ motion. He had since, however, personally been at Malta, and had
+ procured such a chain of evidence, that if the House should now be
+ pleased to entertain his motion, he had no doubt but he should be able
+ to lay before them such a connected string of evidence of flagrant
+ abuses in the Vice-Admiralty Court at that island, as would astonish
+ all who heard it.
+
+ “He would undertake to prove that, if the Court of Admiralty at home
+ would do their duty, one third of the naval force now employed in the
+ Mediterranean would be sufficient for all purposes for which it was
+ employed there, and that a saving might be made in the naval service
+ alone of at least five millions sterling a year. If the Committee for
+ which he moved last year had been granted, the evidence to prove this
+ might now have been before the House.”
+
+There was no question at the time, and many naval officers are yet
+living to confirm the assertion, that the rapacity of the Admiralty
+Courts and their extravagant charges for adjudication and condemning
+prizes did prevent the interception and capture of the majority of the
+numerous small vessels employed in the coasting trade of the enemy, this
+forming to him the most vital consideration, as the means of
+provisioning his armies. At the commencement of the war, the capture of
+large vessels coming from distant parts with valuable cargoes gave so
+much prize-money as to render both officers and crews careless about a
+little exertion more or less, but when the enemy’s foreign trade was
+destroyed nothing remained to be looked after but small craft, and as
+the Admiralty Court charges had increased in an inverse ratio to the
+worthlessness of small craft, few would run the risk of looking after
+them, with the certainty of small gain, and the more than probability of
+being brought in debt for their pains. The consequence was, that little
+or no destruction was offered to the enemy’s coasting trade, which,
+important as it was to him for subsistence, ought to have been far more
+so to us, as its destruction would have deprived him of the means of
+subsistence.
+
+Between the years 1803 and 1807, the naval establishment was increased
+from 200 to 600 vessels of war, notwithstanding which the coasting
+commerce of the enemy still went on, and it should have been obvious
+that when the navy was increased to upwards of 1000 ships, _nothing more
+was done_. The amusement of cutting out coasting vessels when under the
+protection of batteries ceased to operate as an incentive. The logs of
+frigates showed that their commanders avoided the risk of keeping their
+ships in contiguity with the shore _at night_, and secured a good
+night’s rest for their men by running into the offing. Hence the enemy’s
+coasting convoys proceeded by night, and in the day ran into some port
+or other place of protection. The result in the frigates’ daily
+journal,—“Employed _as usual_,” was no less true than comprehensive.
+
+For telling such truths as these, an outcry was raised against me for
+depreciating the character of officers! The case was my own. I took
+prizes in the Mediterranean and elsewhere by dozens, for which neither
+my officers nor crews got anything, the proceeds being swallowed up by
+the Admiralty Courts. I then turned to harassing the coast armies and
+forts of the enemy, without hope of reward, deeming this kind of
+employment the most honourable to myself, and the most advantageous to
+my country. So far from my pointing out the effect on the mind of
+officers in general being a reflection on their honour, it was only
+creditable to their common sense. They could not reasonably be expected
+to sacrifice their rest and that of their crews, or to run their ships
+into danger and themselves into debt, for the exclusive emolument of the
+Courts of Admiralty! I have no hesitation in asserting that had the
+Ministry diminished the navy one half, and given the whole cost of the
+other half to the Admiralty Court officials in lieu of their charges,
+the remaining ships would of themselves have turned the course of the
+war, and their commanders would have reaped fortunes.[77]
+
+-----
+
+Footnote 77:
+
+ In February, 1811, I pointed out to the House of Commons the monstrous
+ fact that 107 ships of the line were in commission to watch 23!
+ (Hansard, vol. xv.)
+
+-----
+
+These remarks will enable the naval reader to comprehend what follows.
+They are not intended so much for a history of past maladministration as
+a beacon for the future.
+
+ “The noble lord then read a letter from a captain of a vessel at the
+ Cape of Good Hope, complaining ‘that the officers of ships of war were
+ so pillaged by those of the Vice-Admiralty Courts, that he wished to
+ know how they could be relieved; whether they could be allowed the
+ liberty to send their prizes home, and how far the jurisdiction of the
+ Vice-Admiralty Court extended; for that the charges of that court were
+ so exorbitant, it required the whole amount of the value of a good
+ prize to satisfy them. In the case of one vessel that was sold for
+ 11,000 rupees, the charges amounted to more than 10,000. This was the
+ case at Penang, Malacca, and other places, as well as at the Cape.’ He
+ would not, however, wish to dwell on this, but put it to the feelings
+ of the House, whether naval officers had any stimulus to do even their
+ duty, when the prizes they took would not pay the fees of the
+ Vice-Admiralty Courts merely for condemning them? It had been stated
+ the other day at some meeting or dinner by a very grave personage, the
+ Lord Chancellor, that the ships of France were only to be found in our
+ ports. If that statement were believed by Ministers, he should be glad
+ to know why we at this moment kept up 140 sail of the line, and
+ frigates and sloops of war in proportion to that number.”
+
+What follows is very curious, as establishing the magnitude of the
+charges for adjudication in the Vice-Admiralty Courts. The bill for the
+condemnation of the _King George_ privateer, the first vessel taken by
+the _Impérieuse_, had brought me 600 crowns in debt, and was of such
+magnitude that I had an exact copy made of it, and pasted continuously
+together. The result will be gathered from what follows.
+
+ “His Lordship then produced the copy of a Proctor’s Bill in the island
+ of Malta, which he said measured six fathoms and a quarter, and
+ contained many curious charges. [_The unrolling this copy caused a
+ general laugh, as it appeared long enough to reach from one end of the
+ house to the other._] This Proctor, the noble lord said, acted in the
+ double capacity of Proctor and Marshal; and in the former capacity
+ feed himself for consulting and instructing himself as counsel, jury,
+ and judge, which he himself represented in the character of Marshal;
+ so that all those fees were for himself in the one character, and paid
+ to the same himself in the other. He then read several of the fees,
+ which ran thus:—for attending the Marshal (himself) 2 crowns, 2 scudi,
+ and 2 reals; and so on, in several other capacities in which he
+ attended, consulted, and instructed himself, were charged several fees
+ to the same amount. An hon. member, not then in the house, had last
+ year opposed the motion he had brought forward, for a Committee to
+ inquire into this subject; but, on seeing these articles of this his
+ own Proctor’s bill, his Lordship flattered himself that the hon.
+ member would now join in the support of the present motion. The noble
+ lord said he had produced the copy of the bill to show the length of
+ it. He then showed the original; and to show the equity and moderation
+ of the Vice-Admiralty Court, he read one article where, on the
+ taxation of a bill, the Court, for deducting fifty crowns, charged
+ thirty-five crowns for the trouble in doing it. A vessel was valued at
+ 8608 crowns, the Marshal received one per cent for delivering her, and
+ in the end the net proceeds amounted to no more than 1900 crowns out
+ of 8608—all the rest had been embezzled and swallowed up in the Prize
+ Court. He was sorry, he said, to trespass on the time of the House, on
+ a day when another matter of importance was to come before them. He
+ pledged himself, however, that no subject could be introduced more
+ highly deserving their serious attention and consideration.”
+
+I am not sure that by late treaties prize-money in future wars is not in
+effect abolished, though how treaties can exist during war I am not
+aware. If this be so, or anything like the spirit of such an
+arrangement, certain I am that the prestige of our navy is gone till the
+old system is restored. The United States Government has, I am told, had
+the good sense not to conform to any arrangement of the kind. If my life
+be longer spared I may in a future volume revert to this subject.
+
+However, even as the matter now stands, something must be captured, and
+I would suggest as a remedy for this enormous Admiralty Court evil to
+assimilate the regulations of those courts to the courts of law. Pay the
+judges and officials as other judges and officials are paid. Permit
+officers of the navy to choose their own proctors, as suitors in other
+courts choose their own attorneys. It is not honourable to the
+Government nor just to those serving under its authority, to compel
+officers to place the litigation of all prizes—even detained neutrals—in
+the hands of one individual, who, under the name of proctor, may have
+hundreds of causes in hand at the same time. The detention of a neutral
+may compromise a captain’s fortune in the event of an unfavourable or
+hurried decision, for in such cases the liability to damages falls
+exclusively on captains, the admirals and crews having no
+responsibility. For my own part, as it was neither my bounden public
+duty, nor safe to my personal interests, to interfere with neutrals, I
+avoided their detention, however apparently flagrant the violation of
+their nominal neutrality.
+
+ “He (Lord C.) would not trouble them with anything concerning himself,
+ because he trusted he had a remedy elsewhere. The noble lord then
+ stated that altering or regulating the fees established by the King in
+ council, for the island of Malta, was contrary to Act of Parliament,
+ that when he went to Malta five years ago he found the fees very
+ exorbitant; and, in order to prove to the House that the fees demanded
+ now were fees which had been altered since the table of fees was sent
+ out, the noble lord mentioned an instance of thirteen small vessels
+ which had been taken by the gallant Captain Brenton, who lately lost
+ his arm in the service, being brought into the Vice-Admiralty Court
+ for condemnation; the charge made for doing that act (which must be
+ done before the prizes could be sold) was 3767 crowns; but on a severe
+ remonstrance from Captain Brenton, the Judge deducted 3504 crowns, and
+ was glad to accept 263 crowns instead of 3767, rather than have a
+ noise made about it in England.
+
+ “He (Lord C.) could assure the House the subject was well worthy their
+ attention; and, if the Lords of the Admiralty knew all the
+ circumstances, he was confident that, instead of opposing, they would
+ support his motion. He meant to accuse the Judge, the Marshal, and the
+ Registrar of the Court with abuse of their offices, and concluded by
+ moving, ‘That there be laid before this House, 1. Copy of the
+ Commission or Appointment of Dr. Sewell to officiate as Judge of the
+ Vice-Admiralty Court of Malta. 2. Copy of the Commission or
+ Appointment of Mr. John Jackson to the office of Marshal to the said
+ Court. 3. List of the Proctors officiating in the said Court, with the
+ dates of their admission. 4. Copy of the Appointment of Mr. Locker to
+ execute the office of Registrar of the said Court. 5. Copies of the
+ several deputations given by the Registrar and the Marshal of the said
+ Court to their respective deputies to the end of February last;
+ together with the notifications of those appointments to the High
+ Court of Admiralty, or the Board of Admiralty, with the reasons
+ assigned for such nominations or appointments. 6. Copies of any
+ representations made to the Lords Commissioners of the Admiralty
+ regarding the incompatibility of the situations of Proctor and
+ Marshal, united at Malta in the person of Mr. Jackson, and the
+ consequent correspondence with the Court of Admiralty, or the Judge of
+ the Court of Admiralty, on that subject. 7. Copy of any Table of Fees
+ established by His Majesty in Council, and furnished to the Courts of
+ Vice-Admiralty under the Act of 45 Geo. III. c. 72, or any other Act
+ of Parliament. 8. Copy of the Table of Fees by which the charges were
+ made on the suitors in the Court at Malta. 9. Copy of the Authority by
+ virtue of which the Judges of the Vice-Admiralty Courts are empowered
+ to alter or amend the Table aforesaid; or to make any other Table of
+ Fees, to regulate the charges incurred by the suitors in that Court.
+ 10. Copies of Official Demands made, or Official Correspondence which
+ has taken place, between the Judge of the Vice-Admiralty Court at
+ Gibraltar, or at Malta, and the High Court of Admiralty, or the Judge
+ of the High Court of Admiralty, requiring or regarding a Table of Fees
+ to be sent for the guidance of those Courts, or either of them. 11.
+ List of the number of vessels that have been prosecuted in the Court
+ of Vice-Admiralty at Malta, and which have been liberated on payment
+ of costs and damages or otherwise. 12. Copies of the Appointments
+ which —— Wood, Esq., late Secretary to Lord Viscount Castlereagh,
+ holds in the island of Malta.’
+
+ “MR. YORKE said that he did not mean to object to the production of
+ the greater part of the papers moved for by the noble lord. His motion
+ seemed to charge with extortion the persons connected with the
+ Admiralty Court at Malta; and certainly the _prima facies_ appeared to
+ justify it, and some reform might be necessary in some of the
+ departments, which induced him to acquiesce in the general features of
+ the noble lord’s motion; but some difficulty might exist in the
+ production of one or two of the papers he moved for, as they possibly
+ implicated some private correspondence which it would be improper to
+ produce. Many of the papers moved for must be brought from Malta, and
+ therefore it would be impossible that the investigation could take
+ place this session; and he hoped the noble lord would, on examination,
+ if he found just ground, persevere in his motion, as it was certainly
+ highly improper for the dignity of the House and the due management of
+ the affairs of the country that a remedy should not be applied to
+ those evils, if they existed.
+
+ “SIR JOHN NICHOLL (King’s Advocate), while he admitted with the First
+ Lord of the Admiralty, that the case, as it stood at present called
+ for inquiry, thought proper at the same time to state, in the absence
+ of his learned friend (Sir W. Scott), that he had no control over the
+ Vice-Admiralty Court of Malta in matters of prize. The appeal lay to
+ the King in Council, and his learned friend was not in the smallest
+ degree responsible. If the abuses charged by the noble lord existed,
+ they ought to be corrected; but his doubt was as to the means. His
+ Majesty in Council had authority to correct abuses as to fees, &c.;
+ but no application, as far as he knew, had been made in that quarter.
+ It was the fashion now to come to Parliament in such cases. As to the
+ character of the Judge of the Prize Court at Malta, he not having been
+ in the habit of corresponding with him could not undertake to speak
+ positively to that point. Having practised with him for some time at
+ the same bar, he had every reason to believe that he was a man of
+ talent and integrity, and the noble lord knew that he was not wanting
+ in spirit to execute what he thought right. He was absent, and he was
+ a Judge—and no prejudices ought to be admitted against him till he had
+ an opportunity of being heard in his defence. He hoped the noble lord
+ was under a misapprehension. The regulation of the fees had been
+ probably left to the Judge because he himself could hardly have any
+ interest in augmenting them. They could hardly fall below 2000_l._, to
+ which sum only he was entitled out of them. From the failure of the
+ noble lord in substantiating charges made by him on former occasions,
+ it might be fairly inferred that accusations preferred by him might
+ possibly turn out to be unfounded.
+
+ “SIR FRANCIS BURDETT said he should have made no observation on the
+ subject, after having seconded the motion, but from what had fallen
+ from the right hon. gentleman who had just sat down, that his noble
+ colleague had not substantiated the charges he formerly brought
+ forward. The reason of this was obvious; the noble lord had never had
+ an opportunity given him to substantiate his charges. He had pledged
+ himself to prove them at the bar of the House, but his motion for a
+ committee was negatived.
+
+ “MR. ROSE said that when abuses in the Vice-Admiralty Courts abroad
+ were detected, measures were always taken to rectify them, and
+ proceedings were at present pending _against three of those courts_.
+ But he defied the noble lord to point out any impropriety in the
+ Admiralty Courts at home. After the minutest investigation, he could
+ not find a single ground of complaint against the officers of that
+ Court. The proctor for the navy was remarkable for his attention and
+ integrity, and his charges were more moderate than those of any other
+ proctor. The interests of the officers of the navy were as well
+ attended to as those of any individual. The noble lord had failed in
+ two charges on former occasions. He had brought charges against the
+ Admiralty Court, and against the Government for the treatment of the
+ prisoners of war. Both were utterly unfounded. The prisoners, as had
+ been found on inquiry, were even more healthy than our militia
+ regiments.
+
+ “MR. LYTTLETON said the right honourable gentleman who had spoken last
+ _allowed abuses existed_; he did not know whether it was so or not,
+ but he knew several officers of the navy of the highest character who
+ complained loudly that there were, and this was in his opinion good
+ ground for granting the present motion.
+
+ “LORD COCHRANE stated that, having complained to the Admiralty here of
+ a grievance in being obliged to submit to exorbitant charges in the
+ prosecution of a prize cause at Malta, the opinions of the Attorney
+ and Solicitor-General, and other lawyers, had been put into his hands,
+ purporting that his plan was to apply to the Judge at Malta. He wrote
+ to the Judge accordingly, who referred him to the Proctor, as he did
+ not choose to enter into private correspondence with suitors in causes
+ before him. He then wrote to the Proctor, who sent for answer that it
+ was unprecedented to demand a bill to be taxed that had been paid so
+ long ago as 1808; so that he thought his having got the money a good
+ reason for not parting with it. He then wrote to the Judge but got no
+ answer, and this was the redress he got in the quarter where the crown
+ law officers had advised him to apply. The noble lord further
+ observed, that in opposition to the act of the 45th of the King, the
+ Judge at Malta had not only established but altered the table of fees.
+ An allusion was made to the spirited conduct of the Judge; but he had
+ affidavits of Captain Maxwell and others, who were present, that the
+ Judge had admitted that he had no proof of the crime for which he
+ (Lord C.) had been sent to gaol. Against him, however, he would
+ proceed in another way, unless he should find it necessary to call for
+ the interference of the House to bring this Judge home. He had
+ consulted lawyers, and understood that he could not proceed against
+ him till he came to this country. As to his former charges, he had
+ been denied the opportunity of proving them. He concluded by repeating
+ his charges of extortion, &c., against the Judge and Marshall.
+
+ “MR. WHITBREAD said that if the official correspondence did not clear
+ up the case, he would move for further papers if no one else did.
+
+ “Some alterations were then made in the motion, in consequence of a
+ difference of opinion as to the construction of the 45th of the King,
+ relative to the establishment of tables of fees in the Prize Courts,
+ after which they were all carried.”
+
+Notwithstanding the admission of the First Lord of the Admiralty that
+the papers were necessary, and that they were produced, it is scarcely
+creditable that the Government subsequently refused to act in the
+matter, thus turning a deaf ear to proofs that the enactments of the
+Legislature were defeated by the rapacity of distant Admiralty Courts,
+which continued to impound without scruple the rewards which the
+Legislature had decreed for effective exertion.
+
+The naval reader who may wish to know more respecting the extortionate
+fees of these courts may refer generally to Capt. Brenton’s “Life of
+Lord St. Vincent.” I will extract one passage. He says (vol. ii. p.
+166):—“Lord Cochrane made a statement of some facts to this effect in
+the House of Commons, but he might have gone much further. The proctor’s
+bill for a prize taken by the _Spartan_, when my brother commanded her,
+was 1025_l._, which, when refused payment and taxed, _was reduced to
+285l!_”
+
+Capt. Brenton thought “I might have gone much further.” So I might, but
+with as little effect. Even the facts I did state were impudently denied
+or shamelessly defended.
+
+On the 14th of June an attack was made upon me by the Secretary of the
+Treasury, on account of some remarks which I had deemed it my duty to
+make on the condition of the French prisoners at Dartmoor. In
+consequence of circumstances which had come to my knowledge, I visited
+that prison and _was refused admittance_ the moment my name was
+announced. This did not, however, prevent my surveying the prison from
+an eminence on the exterior: this cursory inspection confirmed the
+information I had received.
+
+ “MR. ROSE observed that it would appear from these documents that the
+ total number of French prisoners remaining in England amounted to
+ 45,939, and that the returns of the sick were 321. The number on
+ parole were 2710; and the sick 165. This statement, he conceived,
+ would be a sufficient answer to the imputations of negligence upon the
+ part of the Government which had been thrown out by a noble lord.
+
+ “LORD COCHRANE referred to the manner in which he had been reproached
+ by Mr. Rose’s pointed address, and thought it incumbent upon him,
+ considering the repeated assertions of that hon. member, that he was
+ unable to prove facts which he had stated to the House, to justify his
+ conduct in having given notice of a motion relative to the prison in
+ Dartmoor; but in which he did not persevere, for reasons very
+ different from those assigned by the right hon. gentleman. His
+ Lordship had never asserted that which he could not establish. The
+ time that had elapsed would sufficiently evidence his reluctance to
+ bring the matter to the knowledge of the public, fearing that a
+ disclosure might add to the misfortunes of his countrymen in France.
+
+ “Having received many letters stating the condition of the prisoners
+ of war at Dartmoor to be truly deplorable, he determined to
+ investigate the subject; and, having had occasion to go to Exeter, he
+ proceeded to Launceston and other depôts, whence he obtained the
+ intelligence, and, being satisfied that the complaints had some
+ foundation, he went to Dartmoor; but was refused admittance, even in
+ his capacity as a member of Parliament (a laugh). Though members might
+ laugh, he thought members of Parliament should be entitled to
+ admission there, or to any other prison in the kingdom. Having
+ contributed to place many individuals there, he applied for permission
+ to see the interior, but was refused leave, except to look through a
+ grating into the outer courtyard. He found the climate of the prison
+ accurately and faithfully described, and he was the more anxious to
+ see the interior, owing to the refusal directly given him. He inquired
+ the reason for building a depôt in such a barren, elevated, and
+ extraordinary situation, and was told that it was for the purpose of
+ attracting inhabitants. He proceeded to Plymouth, where he obtained a
+ plan of the prison, which fully corroborated one complaint, that the
+ health of the prisoners had suffered by exposure to heavy rains whilst
+ standing in an open space for several hours receiving provisions
+ issued at a single door; the cooking-room being several hundred feet
+ from the prison, which then contained six thousand prisoners, divided
+ into messes of six; consequently one thousand were soaked through in
+ the morning attending for their breakfast, and one thousand more at
+ dinner. Thus a third were constantly wet, many without a change of
+ clothes. He was told, however, that they gambled or sold them. On his
+ second visit to Dartmoor his Lordship, being again refused admittance,
+ began to explore the exterior, and found, by a very peculiar
+ coincidence, that the manure from this prison had been placed on the
+ only spot in Devon whence the stercoraceous matter of the depôt could
+ descend on a neighbouring and elevated estate belonging to the
+ Secretary of His Royal Highness the Prince Regent (Mr. Tyrwhitt). Had
+ such a circumstance happened in the island of Walcheren to an estate
+ of the Secretary of Louis Napoleon, he would not have been surprised.
+ The prison of Dartmoor was built in the most inclement part of all
+ England, on the top of the highest mountain in Devonshire, involved in
+ perpetual rains and eternal fog. That the prison was not built there
+ on a principle of economy might be seen by inspecting the contracts
+ for provisions, coals, and necessaries furnished at Dartmoor and at
+ Plymouth. He thought he calculated a difference of more than seven
+ thousand pounds a year on the provisions alone. It might be very
+ proper, he imagined, that prisoners should not be collected in great
+ numbers at Plymouth, but he asserted that Dartmoor depôt ought not to
+ have been placed upon the top of the highest and most barren range of
+ mountains in Devonshire, where it is involved in constant fog, and
+ deluged with perpetual rain. He had relinquished his intention of
+ entering into the matter, because he received assurances that the
+ situation of the prisoners would be immediately attended to. He would
+ abstain from remarking upon the manner in which Mr. Rose had taken him
+ by surprise, and wrested from him those facts in his own defence. Had
+ he brought that matter forward voluntarily, his Lordship would have
+ cleared the House, to prevent publicity.”
+
+Capt. Brenton, in his “Life of Lord St. Vincent,” when speaking of the
+treatment of our prisoners of war, bore testimony to the truth of my
+representations, which Mr. Rose had so emphatically denied:—
+
+ “The charge of sick and wounded prisoners of war fell into the hands
+ of a set of villains, whose seared consciences were proof against the
+ silent but eloquent pleading of their fellow-creatures—sick and
+ imprisoned for no crime, in a foreign land, far away from their
+ friends and relations.” (Vol. ii. p. 165.)
+
+No one supposed the Government to be guilty of the matters complained
+of, but they refused to inquire into the conduct of those who were,
+thereby protecting them in their iniquity. I saw at Dartmoor old and
+_recently mutilated_ bulls, covered with dust and gore, driven along the
+road towards the prison, leaving tracks of blood behind! Thus the
+contract for supplying the prisoners with _ox beef_ was fulfilled by
+some partisan of the government, who had _sublet_ his contract to a
+Devon butcher. It was not always in those days that a contract was given
+to the tradesman who fulfilled it.
+
+On the 18th of July I brought forward a motion on the subject of my
+arrest at Malta:—
+
+ “_Conduct of the Vice-Admiralty Court at Malta.—Arrest of Lord
+ Cochrane._
+
+ “LORD COCHRANE rose and said:—
+
+ “SIR,—The delay that has taken place since my return to England, and
+ the legal authorities that I have consulted, will, I trust, evidence
+ that I trespass on your attention with reluctance, relative to the
+ conduct of the Judge and members of the Court of Vice-Admiralty at
+ Malta; partly from a desire to avoid the possibility of private
+ motives being imputed to me, but chiefly from a conviction that
+ Parliament should not interfere in matters cognisable in the courts of
+ justice.
+
+ “How far, under the last impression, I am warranted in calling upon
+ this House to exercise an authority in the present instance, will
+ appear by the opinions of Sir A. Piggott, Mr. Holroyd, Mr. Leach, and
+ of another learned gentleman who is not now in his place. ‘Process of
+ the Courts,’ says Sir A. Piggott, ‘does not extend to Malta: there is
+ no mode whilst they are abroad to compel appearance to actions here.’
+ The answers of the other learned gentlemen being the same in
+ substance, I need not detain you by reading them.
+
+ “Three years have passed since I memorialised the Admiralty on this
+ subject; it cannot therefore be said that I have acted with
+ precipitation. Indeed, I have had time enough to reflect, and I do
+ assure you that I am fully aware of the responsibility which I shall
+ incur if I fail in establishing whatever accusations I bring against a
+ judge presiding in one of His Majesty’s courts, and against those
+ acting under his authority; but furnished as I am with original
+ documents, having the signatures of the judge and members of the
+ Court, I am not inclined to shrink from the task of proving their
+ violation of the Acts on your table, especially of the 37th, 38th,
+ 39th, and 41st sects. of the 45th of his present Majesty, c. 72. The
+ first of which empowers the King in Council alone to make or alter a
+ table of fees to regulate the charges in Courts of Vice-Admiralty, and
+ yet the members of the Court of Malta fabricated one for themselves,
+ which the judge subsequently altered by affixing a note in his own
+ hand, abolishing the table _in toto_, except by reference to certain
+ unascertained charges made in a distant court, which were not set
+ forth. This note is as follows: ‘At a meeting of all the members of
+ the court shortly after its arrival, for the purpose of settling what
+ should be considered as reasonable fees, it was agreed, that in no
+ instance they should exceed the proportion of one third more than
+ those paid for similar services in the High Court of Admiralty in
+ England,’ signed ‘J. Sewell;’ who thus assumed the authority of the
+ King in Council, in open violation of the 37th, and in contempt and
+ defiance of the penalties enacted by the 38th and 39th sections, which
+ declare that ‘receiving or taking any fee or fees beyond those
+ specified in the table aforesaid,’ that is, the table authorised by
+ the King in Council, shall be punished by the loss of office; and
+ further, ‘demanding or receiving any sum or sums of money other than
+ the fees aforesaid shall be deemed and taken to be extortion and a
+ misdemeanour at law, and shall be punished under and by virtue of this
+ Act.’ Words cannot convey a more distinct prohibition, and yet I hold
+ in my hand demonstration of an opposite line of conduct being pursued
+ by the Court. This is not all; the law directs that the ‘Table of
+ Fees, authorised as aforesaid, shall be suspended in some conspicuous
+ part of the Court in which the several judges of the Vice-Admiralty
+ Court shall hold their courts.’ At Malta, however, it was concealed,
+ first, during five years in a drawer, and when taken therefrom in
+ consequence of loud complaints on the subject of their charges, it was
+ affixed, not ‘in some conspicuous part of the Court,’ not in the Court
+ at all, but on the door of a private room behind the Registry, where
+ suitors could have no access to it.
+
+ “Sir, The fabricating, altering, and concealing the table of fees is,
+ perhaps, the least profligate part of their conduct. What will the
+ House think when they find that John Jackson the marshal, who, to the
+ knowledge of the judge, _acts also as proctor in defiance of the law_,
+ is in the constant habit of charging his clients of the navy for
+ attending, feeing, consulting, instructing, and admonishing himself,
+ and this in the very teeth of the 41st section, which enacts that ‘No
+ registrar or deputy-registrar, marshal or deputy-marshal, of or
+ belonging to any of His Majesty’s Courts of Vice-Admiralty, shall,
+ either directly or indirectly, or himself or themselves, or by any
+ agent or agents, or any person or persons whomsoever, act or be
+ concerned in any manner whatsoever, either as an advocate or proctor.’
+ Mr. Jackson’s charges are so ingenious that I must beg leave to read a
+ few of them. ‘Attending in the Registry and bespeaking a monition, two
+ crowns; paid for the said monition, under seal and extracting, nine
+ crowns; copy of the said monition for service, two crowns; attending
+ the marshal (himself, observe) and instructing him to serve the same,
+ two crowns; paid the marshal for service of said monition, two crowns;
+ certificate of service, one crown; drawing and engrossing an affidavit
+ of service, two crowns; oath thereto and attendance, two crowns, two
+ reals, and three scudi.’ How exact! ten shillings and two-pence three
+ farthings for an oath that he had attended on himself with a monition!
+ One of these bills was taxed by the deputy registrar, who admitted
+ these iniquitous charges. Yes, Sir, they were allowed and admitted by
+ Stevens, the deputy registrar, who treats his friends with Burgundy
+ and Champagne out of the proceeds of captures made by the navy, from
+ which fund, John Locker, the sinecure registrar, like the sinecure
+ registrar at home, also derives his unmerited emoluments. I ask, is it
+ fit that the reward granted by His Majesty and the legislature to the
+ navy, for the toil and risk which they undergo in making captures from
+ the enemy, should be thus appropriated?
+
+ “That I had a right to demand the taxation of such a bill as that
+ which I have shown there can be no doubt, even if I could not produce
+ the opinion of His Majesty’s Attorney-General to that effect. Yes, the
+ opinion of Sir V. Gibbs, and of the Solicitor-General, signed also
+ Charles Robinson, William Battine, T. Jarvis, to all of whom the
+ memorial which I presented to the Admiralty was referred in April,
+ 1809. ‘The expenses,’ say these learned gentlemen, ‘in this case do
+ not appear to have been brought to the knowledge of the Court so as to
+ have given the judge an opportunity of exercising his judgment upon
+ them; that would be the proper mode of redress for grievances of this
+ description.’
+
+ ‘Thus instructed, I addressed the judge on my return to Malta, in
+ February last, soliciting that he would be pleased to direct my bill
+ to be taxed, to which he returned the following answer, addressed on
+ His Majesty’s service:—‘My Lord, In reply to your letter of
+ yesterday’s date, I beg leave to refer you to your proctor for the
+ information you are desirous of, it not being the practice of the
+ Vice-Admiralty Court here, any more than the Court of King’s Bench in
+ England, to enter into private correspondence with suitors on the
+ subject of their suits or of any matters connected with them. Signed
+ J. Sewell.’
+
+ “It appeared extraordinary that I should be referred to the person
+ complained of, as judge in his own cause. Still, however, in
+ compliance with Dr. Sewell’s advice, I directed my agent to make the
+ application, and the following, as might have been anticipated, was
+ the ingenious gentleman’s reply:—‘Sir, My bill in this case having
+ been delivered to you so long ago as the 8th of August 1808, and
+ having been paid by you soon after, I was a good deal surprised at
+ your note, received yesterday, informing me that Lord Cochrane wishes
+ to have the said bill taxed, and therefore I beg that you will apprise
+ his Lordship that it is a thing quite unprecedented to tax a bill
+ which is paid. I should have supposed that the advice I gave his
+ Lordship, not to proceed in this cause, would have exempted me from
+ the suspicion of having made unwarrantable charges. Signed John
+ Jackson.’ As the unwarrantableness of the charges did not rest on
+ suspicion, I wrote to Mr. Jackson myself, who answered:—‘I humbly
+ conceive that your Lordship is not now entitled to demand a copy of
+ your account, and therefore I beg that you will excuse me from
+ complying with such demand.’ I next required him to submit my account
+ for taxation, this he also declined as follows:—‘My Lord, In reply to
+ your letter of this day, I have to inform you that I cannot consent to
+ open an account that was closed two years ago, and that is my only
+ objection to my bill in the cause of King George being taxed, which I
+ hope your Lordship, on reflection, will see to be a reasonable
+ objection.’ I confess I did not consider the lapse of two years to be
+ any objection at all, particularly as I was absent from Malta when the
+ bill was paid, and no earlier opportunity had offered to call for a
+ revision of the charges; for this reason, and fortified with the
+ opinion of the learned gentleman opposite (Sir V. Gibbs) about a month
+ afterwards, I again addressed Dr. Sewell on the subject, who, so far
+ from ‘exercising his judgment’ on the marshal’s iniquitous bill of
+ costs, did not condescend to take the slightest notice of my
+ communication, though furnishing him with extracts from Mr. Jackson’s
+ written refusals. Neither did the judge reply to a note delivered to
+ him on the following day.
+
+ “Being thus excluded from the ‘proper mode of redress for grievances
+ of this description,’ I proceeded to the court-room of the
+ Vice-Admiralty for the purpose of comparing the charges contained in
+ numerous bills in my possession with the established fees, which I was
+ instructed by the Acts of Parliament, ‘should be suspended in some
+ conspicuous part of the Court,’ every part of which I searched in
+ vain; neither was the table in the Registry, where His Majesty’s
+ Advocate directed me to look for it, who, on my returning into Court
+ again, to make further inquiry, said that I would find it affixed on a
+ door leading to the adjoining room.
+
+ “That mutilated paper, concealed contrary to law, I was accused of
+ having taken down and carried away from a place where it could not
+ have been affixed, except in defiance of these statutes, and in
+ contempt of justice. That, Sir, was the paper for which I was followed
+ through the streets of Malta for the space of a week by the deputy
+ auctioneer, styled in the judge’s warrant and attachments by the title
+ of ‘deputy marshal,’ but who, in fact, never had an authority from the
+ marshal; perhaps, because the marshal was conscious of having vitiated
+ his powers by the illegal acts of which he was guilty, and thus
+ thought to escape the consequences which might arise from the acts of
+ his nominal deputy. So loosely are things conducted in that Court!
+ Surely no reasonable man can blame me for refusing to be taken to gaol
+ by the deputy auctioneer. Indeed, Chapman admits, in his affidavit of
+ the 24th of February, that my objection was to his want of authority;
+ for, I naturally concluded that unless he was an officer of the Court
+ his acts might be disowned, and thereby the guilty would escape
+ punishment.
+
+ “That this was the view which I took of the case, will appear by my
+ offering no resistance to James Houghton Stevens, who was appointed on
+ Chapman’s nominal resignation; I say, Sir, that I offered no
+ resistance, for, by refusing to walk to gaol, I did no more than
+ decline, by an act of my own, to contribute to illegal proceedings.
+
+ “It is not my intention to trouble the House at length relative to
+ this affair, which is of trifling importance compared with the
+ mischiefs that arise from the system of plunder and abuse practised in
+ the Courts of Vice-Admiralty. However, it may not be improper to
+ mention that I was conducted by the keeper of the gaol to a place with
+ a broken window barred with iron, furnished with an old chair, and a
+ close-stool in the corner. From this, however, I was removed, as the
+ judge began to fear the consequences of his illegal acts; and on the
+ third day, being brought from the keeper’s room to the Court of
+ Vice-Admiralty, there, without an accuser, except the judge, that
+ learned and worshipful gentleman attempted in the absence of proof to
+ administer a long string of interrogatories, which I, of course,
+ refused to answer, and thereby furnished what might be construed by
+ him into evidence of my having taken away his illegal table. Being
+ further pressed and threatened, I delivered a protest in writing,
+ ‘against the illegal warrant issued by William Stevens, an examiner
+ and interpreter to the Vice-Admiralty Court of Malta, registered
+ merchant, commission broker, and notary public, calling himself deputy
+ registrar of the Court, and professing to act under an appointment of
+ John Locker, sinecure registrar, and further against the illegal
+ endeavours to execute the warrant by John Chapman, deputy auctioneer,
+ acting for and on behalf of —— Wood, late private secretary to Lord
+ Castlereagh, a non-resident, enjoying an income of about seven
+ thousand pounds sterling per annum, derived from the sale of prizes
+ and the goods of merchants trading to Malta, but calling himself
+ deputy marshal of the Vice-Admiralty Court, and professing to act
+ under an appointment from John Jackson, proctor and marshal, contrary
+ to law; and farther against all acts of the said John Jackson, in the
+ capacity of marshal, by himself or his deputy, and against John
+ Locker, sinecure registrar, and William Stephens, calling himself
+ deputy registrar: John Locker having, under the signature of William
+ Stephens, taxed bills of fees and expenses of the Court of
+ Vice-Admiralty, wherein the fees of the said John Locker and William
+ Stephens in their capacity of registrar, deputy registrar, examiner,
+ interpreter, &c. &c. &c., are made and examined by themselves, and in
+ which various illegal charges were allowed and suffered to be made by
+ John Jackson, as proctor, for attending, feeing, consulting, and
+ instructing himself as marshal; in which double capacity he acts, in
+ defiance of the 41st and of the 45th Geo. III. chapter 72.’ And
+ further, I solemnly protested John Sewell, styling himself judge of
+ the aforesaid Court, for refusing, by letter dated the 13th January,
+ 1811, to order satisfaction to be given by the said John Jackson,
+ referring to him a judge in his own cause; and likewise for not having
+ given any answers to official letters delivered to him, bearing date
+ the 19th and 20th of February, 1811, on the same subject. And further,
+ I protested against the said John Sewell, for not complying with the
+ Act of Parliament, which directs that ‘a table of fees shall be
+ suspended in some conspicuous part of the Court, in which the several
+ judges of the Court of Vice-Admiralty hold their sittings.’
+
+ “Sir, The judge at first refused to receive any protest, but
+ afterwards did so; and afterwards I was re-committed to prison, not
+ for contempt of court, but for the old accusation of not having
+ complied with certain warrants addressed to a person styled deputy
+ marshal, who never had an authority to act as such. That no proof
+ existed of my having taken the table of fees will appear from the
+ following affidavit of Commodore Rowley, Commissioner Fraser, and
+ Captain Murray Maxwell, of the navy:—
+
+ “Be it known to all persons whomsoever it may concern that on the 2nd
+ day of March, in the year of our Lord 1811, personally came and
+ appeared before me the undersigned notary-public Percy Fraser,
+ commissioner of His Majesty’s navy, resident in the island of Malta,
+ Charles Rowley, Esq., captain of His Majesty’s ship _Eagle_, and
+ Murray Maxwell, Esq., captain of His Majesty’s ship _Alceste_, and
+ solemnly made oath that on the aforesaid 2nd day of March, whilst the
+ Court of Vice-Admiralty of the said island of Malta was sitting, they
+ severally and distinctly heard John Sewell, LL.D. the judge thereof,
+ and whilst sitting in his judicial chair, admit in open Court, and in
+ the presence of divers persons there assembled, to the Right
+ Honourable Lord Cochrane that there existed no proof in the aforesaid
+ court of his said Lordship’s having taken down the paper in question,
+ by the judge aforesaid called the table of fees.
+
+ (Signed) Percy Fraser, C. Rowley, Murray Maxwell.’
+
+ ‘On the second day of August, 1811, the aforegoing attestation was
+ duly sworn at Malta, where stamps are not used, before me, Chas. Edw.
+ Fenton, Notary-Public.’
+
+ “Notwithstanding the confession of the judge in open Court thus
+ attested, I remained unnoticed three days longer in the public gaol,
+ where I now clearly saw that it was the intention of the judge to
+ detain me until the packet had sailed for England, and probably until
+ she returned to Malta with instructions. I therefore wrote to the
+ Governor, who, having consulted Messieurs Moncreiff, Forrest, and
+ Bowdler, three gentlemen of the law, sent me their opinion, that His
+ Excellency should not interfere with a Court, acting, as they were
+ pleased to call it, under His Majesty’s authority, although in
+ violation of the law. I addressed the President also, who said, that
+ the Courts of Malta could not interpose. Indeed, had it been
+ otherwise, little good could have been expected from an appeal to
+ these Courts, which are still governed by the iniquitious and
+ oppressive code of Rhoan, to the disgrace of all the ministers who
+ have ruled since the surrender of the island to England. Sir, The
+ Maltese stipulated then that a constitution securing property and
+ rights should be granted, and trial by jury; but these have been
+ denied, and examinations are still taken, and sentence pronounced,
+ with shut doors, by their judges, whose appointments are during
+ pleasure. I do not impute blame to His Excellency the Governor, for
+ whom I have a high respect, yet I must say that the system of blending
+ the military and civil authority cannot fail to become oppressive.
+ Ministers have no better excuse for this union of power contrary to
+ the express stipulations of the inhabitants of the island, than a
+ despicable petition signed by the dependents on Government, and
+ shamelessly transmitted and received as the voice of the people! Being
+ furnished with an affidavit that the judge did not intend to proceed
+ in the matter on the next Court day, I resolved, as the door was
+ locked and guarded, to get out by the window, which I according
+ effected; and the following proclamation was issued for my
+ apprehension, in which I am designated by as many names as if I had
+ been a notorious thief:—
+
+ ce “‘ESCAPE OF LORD COCHRANE.
+
+ “‘Whereas, the Honourable Thomas Cochrane, esquire, otherwise the
+ Honourable Sir Thomas Cochrane, Knight Companion of the most
+ Honourable Order of the Bath, commonly called Lord Cochrane, escaped
+ out of the custody of James Houghton Stevens, the Deputy Marshal of
+ the Vice-Admiralty Court of this Island, from the prison of the
+ Castellanea during the course of last night. This is to give notice,
+ that whoever will apprehend or cause to be apprehended the said Lord
+ Cochrane, and deliver him into the custody of the said Deputy Marshal,
+ shall receive a reward of Two Thousand Scudis currency of Malta, and
+ that whoever will give such information as may lead to the
+ apprehension of any person, or persons, who was or were aiding and
+ assisting the said Lord Cochrane in such his escape, shall receive
+ upon such conviction, if only one person was so aiding and assisting,
+ the sum of One Thousand Scudis, or if more persons than one were so
+ aiding and assisting, then upon the conviction of each of such persons
+ the sum of Five Hundred Scudis, notwithstanding that in such latter
+ case the person so giving information shall himself have been aiding
+ and assisting to the said escape. Witness my hand, this sixth day of
+ March, 1811.—JAS. H. STEVENS, Deputy-Marshal. No. 188 Strada Stretta.’
+
+ “Now, Sir, although the treatment which I received is altogether
+ foreign to the main point, yet I am desirous to learn from you as
+ Speaker of this House, whether my imprisonment was or was not a breach
+ of the privilege of parliament?”
+
+ THE SPEAKER.—I do not know whether the House expects me to reply to
+ the questions which the noble lord has put to me, perfectly new as one
+ appears to be; but, as far as my information goes, I will give it, if
+ the House thinks fit that I should do so. (Hear, hear!) With respect
+ to the privileges of the House, I know of no means of enforcing its
+ privileges, but in the usual way, from time immemorial, by its own
+ officers; and I never knew one instance of any officer having been
+ sent across the seas at the instance of any member, on a complaint of
+ insult offered to him personally. (Hear, hear!) So much for the
+ question of privilege. In the next place I never knew an instance in
+ which any member of parliament, properly before a court of justice,
+ was at liberty to treat with impunity the proceedings of that court,
+ or to say that what was done in respect to himself was done in
+ contempt, or that could authorise him to say that the privileges of
+ parliament were infringed in his person for such conduct.
+
+ LORD COCHRANE.—Sir: It was at first my intention, to have moved an
+ address to the Prince Regent, to recall the judge, registrar, and
+ marshal, to answer for their conduct and proceedings, contrary to the
+ express words of acts of parliament; but on consideration, and in
+ compliance with the suggestion of the First Lord of the Admiralty, I
+ have thought it better to move, “That a committee be appointed to
+ examine, into the conduct of the judge, registrar, and marshal, and
+ their deputies, of the Court of Vice-Admiralty at Malta, for the
+ violation of the 37th, 38th, 39th, and 41st sections of the 45th, Geo.
+ 3, cap. 72.”
+
+ MR. P. MOORE seconded the motion, not from any knowledge of its
+ merits, but thinking that if the matter of charge was not inquired
+ into it would reflect upon the House.
+
+ MR. STEPHEN could not avoid applauding the benevolent motive of the
+ honourable gentleman who had seconded the poor outcast of the noble
+ lord. With respect to the conduct of the learned judge alluded to, he
+ was satisfied it was the opinion of the House that he had done nothing
+ amiss—that the dignity of his office required that he should exert his
+ authority after the direct insult that the noble lord had offered to
+ the court. The charge against the noble lord was for taking down the
+ public document of the court, a charge which he had not denied, nay,
+ indeed, the noble lord had exhibited what he termed a fac-simile of
+ the table of fees, and so closely imitated, that the very impression
+ of the wafers—the document itself, and its smoke-dried appearance,
+ seemed to proclaim its originality. The conduct of the noble lord,
+ when required to answer for this contempt, was not merely that he
+ refused to obey the monition, but that he pulled out a pistol, and
+ threatened to shoot any man who attempted to execute it upon him.
+ Chapman, the officer, therefore (and the fact was confirmed by two
+ witnesses), thought it not prudent to execute a warrant at the point
+ of a pistol, and had not the courage to act. The noble lord had stated
+ that he refused to answer interrogatories, and that he made a protest
+ against the proceedings of the court. It was not regular for the court
+ to receive protest arraigning its proceedings, and upon the inquiry it
+ did not think there was sufficient grounds for discharging the noble
+ lord from his arrest. If, however, he was aggrieved, there was a
+ channel through which he might have had redress, without coming to the
+ House, by appearing before the Privy Council, and stating his charges
+ against Dr. Sewell, who would, if proved, be removed. But should there
+ not have existed, in the executive government, a disposition to
+ redress the noble lord’s grievances, then it would have been open for
+ him to appeal to the House, but to come at the end of the session was
+ not very regular. Dr. Sewell was a person of correct conduct, and
+ unlikely to act with injustice to any individual.
+
+ MR. YORKE objected to the motion on three grounds: first, because the
+ case was one of the _most frivolous_ ones he had ever met with;
+ secondly, because the noble lord, if he had just cause for complaint,
+ should have made it at the Admiralty, and that Board would have
+ investigated the complaint; and thirdly, because the complaint,
+ instead of being made by the noble lord, was by his own showing a
+ complaint against himself. He had this to state to the noble lord,
+ that if he had not been an officer on half-pay he would have heard
+ from the Board of Admiralty in a different way. With respect to the
+ marshal exercising the office of proctor, in conjunction, he would
+ recommend an inquiry to be made, as it was contrary to the express
+ provisions of the Act of Parliament. But with respect to the noble
+ lord’s case it was, he must repeat it, one of the most frivolous cases
+ ever brought before Parliament.[78]
+
+-----
+
+Footnote 78:
+
+ That is, the First Lord agreed with my statements, but objected to
+ inquiry because I moved for it!
+
+-----
+
+ “Mr. Rose,” said his lordship in reply, “has expressed his persuasion
+ that the interests of the navy are best protected by being in the care
+ of the king’s proctor; that is,” continued his lordship, “under the
+ absolute control of one man, who, in addition to the management of his
+ majesty’s business in two courts, and the monopoly of libelling and
+ prosecuting to condemnation all the captures made by the navy,
+ possesses also the exclusive privilege of conducting the numerous and
+ intricate litigations which have arisen of late years out of the
+ seizure of neutrals; causes in which not only the property detained is
+ at stake, but all that a captor possesses is answerable for the costs
+ of suit and demurrage, which, if he is unable to pay, he may be thrown
+ into gaol, not for errors or misconduct of his own, but owing to
+ neglect arising from confusion in an office where there have formerly
+ been from 1800 to 2000 causes in progress at one and the same time; an
+ evil which, unfortunately for the country, is working its remedy in a
+ way highly prejudicial to its best interests. Let me ask, would the
+ right honourable gentlemen opposite exert themselves with zeal, if
+ every motion they made subjected them to risk of costs, damages, and
+ imprisonment? They would not sit on these soft cushions unless they
+ were amply paid, although it is easier to do so than to make captures
+ on the enemy’s coast. How would they like to be compelled, as the navy
+ is, to employ one attorney to conduct all their affairs, even if he
+ had not their opponent’s interests also to promote, as is the case
+ with the procurator-general? Will such management of their affairs
+ encourage the navy to impede suspicious commerce in neutral bottoms?
+ And if the condemnation of a boat costs as much as the condemnation of
+ a ship, is not the capture of the enemy’s coasting commerce virtually
+ discouraged?
+
+ “Nothing,” he continued, “can better demonstrate the effect which the
+ dread of fraud and neglect in the procurator’s office has on the
+ exertions of the navy, than an account before the House, by which it
+ appears, that the numbers of causes belonging to the whole navy
+ amounted only to ninety-two, including droits of the Admiralty and
+ Crown; while about three dozen privateers, possessing the inestimable
+ privilege of employing counsel of their own choice, had actually
+ 110,—not injudicious captures, but such as had been sanctioned by the
+ decisions of the lower courts. The navy are told, by a public minute
+ in the procurator-general’s office, 6 that it is the king’s proctor’s
+ particular desire, in respect to his bills, first, that in all
+ successful cases they should be made out moderately; secondly, that in
+ unsuccessful cases they should contain those fees only which are
+ allowed on taxation.’ Permit me,” said Lord Cochrane, to ask what fees
+ he is entitled to that are disallowed on taxation; and permit me to
+ ask the treasurer, who is desirous to remove the misconception that
+ prevails in the navy, if he thinks that were the commanding officers
+ all compelled to employ one tailor, (the chancellor’s for instance,)
+ that it would be quite satisfactory to learn, whilst there was a
+ certainty of their cloth being damaged, that being cut and sewed by
+ old women it was made up cheaper, as might be ascertained by a minute
+ behind the shop-board; ‘that it was the master tailor’s particular
+ desire, in respect to his bills, first, that the old ladies should be
+ moderate in their cabbaging if the coat fitted; and secondly, if
+ spoilt, that they should take only what they could get,’ would not
+ persons thus restricted, and desirous of expedition or care, stimulate
+ the old ladies by a dram; and would not they quit one job and take up
+ another? Would the interests of all be best protected thus?”
+
+ Lord Cochrane instanced a case of capture, wherein the captor had a
+ balance of 11_l._ 14_s._ against him in the prize courts, after the
+ prizes were condemned. He stated a case wherein 63_l._ were deducted
+ from a bill upon taxation, and the same sum to a farthing charged for
+ taxing it; and he asked the attorney-general, whether he did, or did
+ not, receive twenty-two guineas out of the pockets of the navy for
+ every cause which came before the Court of Appeals, though he had
+ attended but once there since the court commenced sitting in November.
+ “Is this,” said he, “one of the law charges which the treasurer has no
+ occasion to disapprove of? And does he think it right that the
+ procurator, the boasted guardian of the interests of the navy, should
+ not only pay the attorney-general for staying away, but fee another
+ for coming to court, and performing his duty? I have passed nearly
+ twenty years in the navy. Having been constantly employed until
+ lately, I have had full opportunity to be acquainted with the feelings
+ of those with whom I have mixed, and I believe that, unless the laws
+ and regulations made to guide the Courts of Admiralty are reformed,
+ captures will soon cease to be made. Were that done, the enemy would
+ then suffer the loss of all the trade which is of such importance to
+ France and her dependent states. Two thirds of our present naval
+ establishment would be quite sufficient for the purposes of blockade,
+ and all others; nay, I am clearly of opinion, that if the courts were
+ reformed, it would be a benefit to our country if one third of our
+ ships were converted into fire-wood. I am sure that the First Lord of
+ the Admiralty would not vote against the production of papers and full
+ investigation, if he knew the extent of the evil. He has, however, no
+ means personally to become acquainted with the facts, and there are
+ but few who will venture to inform him.”
+
+The motion was negatived without a division.
+
+
+
+
+ CHAP. XXXIII.
+ OPENING OF PARLIAMENT, 1812.
+
+SIR FRANCIS BURDETT’S ADDRESS SECONDED BY ME.—EMPLOYMENT OF THE
+ NAVY.—NAVAL DEFENCES.—THE ADDRESS REJECTED.—CURIOUS LETTER FROM
+ CAPT. HALL.—PERVERSION OF NAVAL FORCE IN SICILY.—A NAUTICO-MILITARY
+ DIALECT.—USELESSNESS OF OUR EFFORTS UNDER A FALSE SYSTEM, WHICH
+ EXCLUDES UNITY OF PURPOSE.
+
+
+The opening of the session of 1812 was in many ways remarkable. The
+speech of the Prince Regent, read by the Lords Commissioners, made
+everything _couleur de rose_, both as regarded our foreign wars and
+domestic policy. Notwithstanding that we were on the brink of war with
+America, both Houses were assured that the affair of the _Chesapeake_
+had been “finally adjusted, though other, discussions were not yet
+brought to a close.” The finances were represented as being in a
+flourishing condition, and His Royal Highness had no doubt of the
+liberal disposition of Parliament “to sustain the country in the great
+contest in which it was engaged.”
+
+The hollowness of these representations was met by Lord Grenville, who
+contrasted it with the “critical circumstances of the times, and the
+present alarming state of the country. The framers of the speech, said
+his Lordship, were the very men who by their obstinate blindness had
+brought the country to the brink of ruin, but who, in the midst of the
+distresses they had themselves occasioned, still held forth the same
+flattering and fallacious language. He would protest against a
+continuance of those measures which had brought such calamities upon the
+country. People might choose to close their eyes, but the force of truth
+must dispel the wilful blindness.”
+
+Lord Grey similarly denounced the policy which was “the source of
+present and impending calamities. Yet these very complications were
+brought forward in assertion that the system of the government had
+contributed to the security, prosperity and honour of the country!” &c.
+&c.
+
+In the House of Commons an unusual circumstance occurred. After the
+speech had been read by the Speaker, Lord Jocelyn was rising to move the
+usual complimentary address, but Sir Francis Burdett, having risen at
+the same time, first caught the eye of the Speaker, who decided that Sir
+Francis was in possession of the House.
+
+One of the honourable baronet’s cutting speeches followed, in which he
+denounced the Ministers as an “oligarchy of rotten-boroughmongers”—who
+alike imposed upon the people and the Prince Regent. “A system of
+taxation had been created which ruined many and oppressed all. This
+fiscal tyranny being carried to its height, the lower orders had been
+reduced to a state of pauperism—whilst the desperate resistance which
+such pauperism was calculated to produce was kept down by the terrors of
+a military force. Depôts, barracks, and fortifications had been
+established in all quarters, and foreign mercenaries, who had been
+unable to defend their own country, had been brought over to protect the
+native land of courage and patriotism, or rather to protect its rulers
+against an indignant and oppressed people, and to support the scandalous
+invasions of the liberty of the press, and the severe punishments with
+which those who ventured to express popular opinions were visited by the
+courts of justice.”
+
+This interruption by Sir Francis took the House by surprise, but still
+greater was its astonishment when the honourable baronet proposed, in
+place of the ordinary address to the Prince Regent, a memorial of
+remonstrance, laying before his Royal Highness all the instances of
+misgovernment and oppression—of infringement of the public liberty, and
+accumulation of abuses, which had been characteristic of the system
+pursued by Government for many years past.
+
+As a matter of course, the address proposed by Sir Francis was read by
+the Speaker, amidst the ill-concealed dismay of those most affected by
+it. I then rose to second the address, denouncing the impolicy of the
+war, and more still the way in which it was conducted, so far as the
+policy of ministers was concerned. The subjoined is from the usual
+reports of the period.
+
+ “LORD COCHRANE rose for the purpose of seconding the address of the
+ honourable baronet. He agreed with the speech delivered in the name of
+ the Prince Regent, that a high tribute was due to the bravery of our
+ army in Portugal, and to the conduct of the Commander-in-Chief, but he
+ would deny that the war in the Peninsula would come to speedy or
+ successful conclusion. The forces of Great Britain there were
+ insufficient to cope with those Buonaparte could bring against us as
+ soon as he had completed the subjugation of Spain and obtained command
+ of its resources. Of this, we were quiet spectators. To what was our
+ army indebted for its success and for maintaining itself in Portugal,
+ but to the unproductiveness of that country. Every credit was due to
+ Lord Wellington for his conduct of affairs, but even his lordship
+ expected little from the Portuguese, who were dragged to the army more
+ like slaves than soldiers, to support, they did not know what. At
+ Peniche he had seen ten thousand of them collected, almost naked, and
+ in want of every necessary.
+
+ “The Portuguese were themselves despots. The dungeons of the
+ Inquisition were full of victims, and the British minister, who formed
+ part of the Regency, was lately under the necessity of retiring from
+ Lisbon that he might not appear to countenance arrests and
+ imprisonments which he could not approve. He would not scruple to
+ assert that the Portuguese government was obnoxious to every class of
+ society in that country. Nay, farther, that both in Sicily and in
+ Portugal the British name was detested, because of the support which
+ this country gave to the respective governments of each with all their
+ oppressive abuses.
+
+ “With regard to Sicily, he thought that the real purpose of ministers
+ was not so much to keep the French out of that island as to keep the
+ people subject to one of the most despotic governments in existence.
+ With regard to Portugal, which was considered of such importance, he
+ would ask, How long would our army defend that country? Only till the
+ French had made themselves masters of Spain, and then it would be
+ compelled to retire within its fortified lines, the whole extent of
+ which could not afford grass enough to feed bullocks for six weeks’
+ subsistence of the troops alone. He would assert, as a fact,
+ extraordinary as it might appear, that even at present the bullocks
+ and flour for the supply of Lord Wellington’s troops passed through
+ the French army with licenses from the interior of Spain. This was a
+ notorious fact, and he would leave the House to make reflections upon
+ it.
+
+ “The noble lord then adverted to that part of the honourable baronet’s
+ proposed address, which referred to the internal state of the country,
+ and professed his concurrence with the greater portion of the
+ sentiments therein contained. All must own that the freedom of the
+ people had been greatly encroached upon, particularly by the
+ oppressive mode of levying taxes, the produce of which, he regretted
+ to say, was grossly misapplied. No part of a man’s house was free from
+ the visits of the tax-gatherer, and a man could not remove articles
+ that had paid duty on importation, without a permit, even so much as a
+ dozen of wine. The noble lord trusted that a committee would be
+ appointed to take both the conduct of the war, and the state of the
+ nation into consideration.
+
+ “Lord Cochrane then adverted to that part of the speech which referred
+ to the naval defences of the country, and maintained that our naval
+ force was not rendered efficient in annoying the enemy. Commanding the
+ seas, as this country did, our navy ought to be employed in
+ threatening the coast of France in all directions, by which means
+ Buonaparte would be compelled to keep his armies at home, instead of
+ sending them to be _fed, clothed, and paid by our allies!_ for the
+ purpose of their own subjugation. Were the gigantic naval force of
+ England used as it ought to be, _the whole force of France, vast as it
+ was, would prove inadequate to the defence of its widely extended
+ shores_. Perhaps demonstrations of attack might prove sufficient. If
+ the enemy despised these, it would _then_ be, as at this moment _it
+ was_, easy to destroy everything on the French coasts, for England
+ could, in spite of all the efforts of the enemy, being a force to any
+ given point far superior to anything the enemy could assemble for our
+ annoyance, and thus we might effect most powerful diversions.”
+
+The address proposed by Sir Francis and seconded by myself was, of
+course, unsuccessful. The mover of the address originally intended was
+Lord Jocelyn, who, when I had concluded, made not a word of allusion to
+any part of the speeches of Sir Francis or myself, beyond stating that
+“_he wholly disapproved of all we had said_.” Such was legislation in
+those days, that the arguments of those who did not belong to the ruling
+faction were not listened to, much less answered. Lord Jocelyn’s
+address, which was only an echo of the Lords Commissioners’ speech, had,
+however, to be proposed as _an amendment_ to that of Sir Francis, and
+was carried without a division.
+
+The feeling towards myself for having—as was said—“thought fit to
+countenance Sir Francis”—needs not be animadverted on. Yet I had given
+some good advice as to the way in which our naval power was frittered
+away to no purpose. English historians, by their silence on this point,
+appear to have little conception as to the extent of the evil.
+
+As in seconding the address of Sir Francis Burdett, I had mentioned
+Sicily, I will give a remarkable example of the way in which war was
+carried on in that quarter _against the French_! The reader may deduce
+from that why I was not permitted to put my plans of harassing the
+French coast into execution.
+
+The following letter is from Captain Robert Hall, commanding what was
+singularly enough called the “_army flotilla_” at Messina. The document
+is a curious one, and may do something towards enlightening future
+English historians:—
+
+ “Messina, Jan. 14, 1812.
+
+ “MY DEAR LORD,—It is so long since I heard of you, and being
+ disappointed at not seeing you in this country, as the papers gave us
+ reason to believe, that I must take the liberty of asking you how you
+ are. We were led to expect you in the Mediterranean with a flying
+ squadron, but I am sorry to see there is _now_ no probability of it.
+
+ “I am serving here in an _amphibious_ kind of way—having the rank of
+ brigadier to command an ‘_army flotilla!_’ but why it should be an
+ ‘army’ one I cannot find out, though I have well considered the matter
+ _for the last eighteen months_.
+
+ “There is _an immense naval establishment here of a hundred and forty
+ vessels of different descriptions quite independent of the
+ Admiral!_[79] These are maintained by the British Government, at an
+ expense of at least 140,000_l._ per annum. I have, in fact, lessened
+ its expense by 60,000_l._ a year, merely by reducing the pay of the
+ seamen to the standard of our own, though they have been paid at
+ double the rate of English sailors, whilst the _padrones_ of gunboats,
+ taken from the streets, _are paid more than our lieutenants_.
+
+-----
+
+Footnote 79:
+
+ I had only asked for three or four handy frigates to carry out my
+ plans, and indeed, could not have employed more with effect, as
+ being under my entire supervision.
+
+-----
+
+ “It is a singular thing that this establishment cannot be thrown into
+ its proper channel—the navy. The island of Zante has another flotilla
+ of 60,000 dollars a month to protect it, and the commandant of the
+ barren rock of Lissa—not content with his gunboats—sent in, the other
+ day, a serious memorial, stating the necessity of defending his
+ island, by placing gunboats _all round it_, wherever there were no
+ guns on shore! If this flotilla mania should reach our West India
+ Islands, what will be the consequence? At least, I should think as
+ army matters are conducted, an expense equal to one half that of the
+ whole navy! It is the duty of officers to serve where they are
+ ordered, but this mixture of services is, I believe, altogether new,
+ and may, if followed up, be fatal to the independent spirit of the
+ navy. If that spirit perishes all ardour is gone, and we shall be like
+ some foreign countries where the services are mixed—neither the one
+ thing nor the other.
+
+ “My Lord, I believe you know me. You may therefore guess my feelings,
+ after _eighteen years’ service_, to be ordered to serve under a person
+ _who is a perfect stranger to the service to which I belong_. What do
+ you think of an order to make a passage to Zante in the dead of winter
+ by _sailing close to the land in the Gulf of Tarento_? It is too
+ ridiculous—and really deserves the consideration of the Admiralty.
+
+ “If we can combine our naval and military tactics, it will be a
+ greater effort of human ingenuity than has hitherto been devised. We
+ may then dispense with the rapidity of our manœuvres and ‘_march in
+ ordinary time_.’ Figure to yourself _eighteen subalterns of different
+ regiments commanding divisions of the flotilla_! When I took it out to
+ sea, they were all sea-sick, and——about the decks! Each of these
+ subalterns received _seventeen and sixpence a day for this
+ extraordinary and fatiguing service_;—nearly three times as much as a
+ lieutenant in the navy!
+
+ “Endeavour, my Lord, to reconcile the meaning of such an
+ establishment, glancing your eye at the same moment on the manner of
+ conducting the flotilla establishment at Cadiz. We have at this moment
+ _more troops on the Faroe line, than the French have in both
+ Calabrias_—independent of those which, under our nautico-military
+ chief, sacrificed our friends in Catalonia.
+
+ Yet there is a sad outcry here. We tell the Sicilians that they mean
+ to murder us all, and there is no doubt their will is good enough.[80]
+ Numerous are the remonstrances against sending a single soldier out of
+ the island. The firm and manly mind of Lord William Bentinck was proof
+ to this outcry, and it is to be regretted that circumstances did not
+ admit of this zealous and active officer accompanying the expedition
+ himself. Nothing can equal my respect for Lord William Bentinck as a
+ soldier and a gentleman, but I must say with old Neptune, when jealous
+ of the interference of some _“long shore” Deity_,
+
+ ‘Non illi imperium pelagi sævumque tridentem
+ Sed mihi—sorte datum est.’
+
+ What end, what purpose, can it answer, to put a naval establishment
+ under the command of a person who acknowledges that he does not know
+ how to use it? As it was formed under the auspices of my Lord
+ Mulgrave, this arrangement may probably have been made with a view of
+ simplifying naval matters. For example, my Lord, the long sentence of
+ “_back the main topsail_,” might be more readily expressed by the
+ short word “_halt_!” “Filling and making sail,” according to the
+ strength of wind, might be called “_marching in quick or ordinary
+ time_!” Instead of boatswain’s mates to “_march off_” the different
+ “_detachments_” of the watch, it would, according to our present
+ system, be more regular to “_march them off with corporals_!” though
+ in squally weather this might be inconvenient. In short, there might
+ be many improvements. The _army officer_ appointed to command one of
+ our vessels mislaid what he called the “_route given him by the
+ Quarter-Master-General_!” “_lost his way_,” as he expressed it, and
+ got ashore in the Gulf of Squillace. On his exchange he reported to me
+ that “the night was _so dark, he could not see the rock on which the
+ vessel ran_!” and that when fast, “_a board broke in her bottom_, so
+ that the water ran in so fast, he could not _scoop it out_ again! Thus
+ it is, that Mr. Bull is humbugged. For my part, I have remonstrated
+ repeatedly on the folly of this establishment, and it only remains
+ with me to serve where I am ordered.
+
+ “Of the politics of this country the public journals will have
+ informed your Lordship. We are certainly doing nothing in the way of
+ amelioration, and all parties seem discontented. The newfangled
+ constitution strikes too much home to be popular amongst those who
+ profited by the old system. Our views are certainly for the prosperity
+ of Sicily, yet no Sicilian thinks so. They dislike us, and I believe
+ they know not why. Some of the knowing ones appear apprehensive of our
+ assuming the government altogether; and urge their fears of our
+ treating them as we do the Irish Catholics! The French partisans, of
+ course, make the most of this state of things.
+
+ “It is to be hoped that Buonaparte’s failure in Russia will blast his
+ other prospects, or Sicily will be his in a short time, if we do not
+ oblige the Government to adopt some energetic measures. If they would
+ only put the troops we have here on shore in Calabria, there would be
+ no necessity for gunboats. They would excite an immediate
+ insurrection, and would throw plenty of grain, of which we are in
+ want, into Sicily. But if the Sicilian troops should intend running
+ away on the approach of a French regiment—as they did formerly—we had
+ better remain and _colonise_ at Messina.
+
+ “Your Lordship’s faithful servant,
+ “ROBERT HALL.
+
+ “The Lord Cochrane.”
+
+-----
+
+Footnote 80:
+
+ See my speech on the address of Sir Francis Burdett.
+
+-----
+
+The above will show the useless manner in which our best naval force and
+officers were employed—no less than their testimony to their own
+uselessness. Yet with upwards of a thousand ships in commission, we had
+no naval enemy to oppose, and persisted in employing our seamen anywhere
+but on the enemy’s coast! For simply urging the common sense employment
+of our numerous navy, and a proper investigation into the minor details
+which crippled its action, I was regarded as a common disturber of the
+ministerial peace.
+
+Yet it had not been my intention to throw blame on the Admiralty, but
+simply on _the system_ under which they continued to act, but which, for
+all practical purposes, had become obsolete. The Admiralty, whatever
+might be its wish, was unable to do its work for want of some one of
+high professional skill and resolute character, whose business it should
+be authoritatively to investigate the efficiency of naval
+establishments, and personally to superintend investigation alike into
+inefficiency and suggested improvements. Had this been done, many evils,
+hidden from the knowledge of successive Admiralties, would be perceived
+and remedied.
+
+The Admiralty, even as at present constituted, is not sufficiently
+numerous to execute so many and such varied duties, even though the
+ability of the members comprised all professional knowledge, and that
+their industry was indefatigable. The overwhelming pressure of detail
+renders inquiry into, and deliberation on, important matters
+impracticable, whilst on minor matters it is prohibitory, and thus
+abuses remain unremedied, because unperceived.
+
+The Board, at all times within my recollection, has been one of
+reference to persons in inferior departments. These persons pronounce
+_an unquestioned verdict_ on all matters referred to them; their reports
+remaining concealed under a rule adopted to avoid trouble or
+correspondence, the framers of the rule not anticipating that such
+concealment may be fraught with the most injurious consequences to the
+navy, whilst it may shield from exposure the most self-interested and
+flagrant impositions.
+
+This, however, is not the place to enter on a subject, the ramifications
+of which have penetrated into every department, till beyond the control
+of the most patriotic and unflinching; who, with all their pains, can
+only arrive at the one fact, that the whole system requires renovation,
+which, as it is nobody’s business, is never undertaken.
+
+So long, however, as such a system exists, so long shall we be in danger
+of being taken unawares by powers fully alive to the importance of unity
+of purpose and action. To such a system we have nothing to oppose in
+case of emergency but our own embarrassment.
+
+
+
+
+ CHAP. XXXIV.
+ MY SECRET PLANS.
+
+MY PLANS SUBMITTED TO THE PRINCE OF WALES.—NEGOTIATIONS THEREON.—A
+ MODIFIED PLAN SUBMITTED, WHICH CAME TO NOTHING.—INCONSIDERATE
+ PROPOSITION.—RECENT REPORT ON MY PLANS.—OPINIONS OF THE
+ COMMISSIONERS.—PLANS PROBABLY KNOWN TO THE FRENCH.—FAITH KEPT WITH
+ MY COUNTRY IN SPITE OF DIFFICULTIES.—INJURIOUS RESULTS TO MYSELF
+ BOTH ABROAD AND AT HOME.—OPPOSITION TO MY PLANS INEXPLICABLE.—THEIR
+ SOCIAL EFFECT.—THE SUBJECT OF FORTIFICATIONS: THESE GREATLY
+ OVERRATED.—REASONS WHY.—THE NAVY THE ONLY RELIANCE.
+
+
+Soon after my return from the Mediterranean, I had the honour of laying
+before His Royal Highness the Prince Regent, a new and most formidable
+method of attacking and destroying an enemy’s fleet, and of performing
+other warlike operations on a large scale. His Royal Highness was
+pleased to refer the plans laid before him to a Secret Committee,
+consisting of the late Duke of York, as president, Lord Keith, Lord
+Exmouth, and the two Congreves, one of whom, Sir William, was the
+celebrated inventor of the rocket which bears his name.
+
+These officers—as stated to me in a private letter from Lord Keith, who
+took a warm interest in the matter—gave it as their opinion that under
+the circumstances detailed in my explanatory paper, such a mode of
+attack would be irresistible, and the effect of the power and means
+proposed, infallible; adding, however, that if the plan was divulged, it
+might become perilous to our Colonial possessions; an observation marked
+by no little foresight, _for had the same plan been known to the rebels
+in the late Indian mutiny, not a European in India would have escaped_.
+
+The Prince Regent and the Duke of York fully concurred with the
+Committee in the destructive character of the plans submitted, for their
+consideration as well as in the danger of divulging them. His Royal
+Highness sending for me to Carlton House, commanded secresy on my part.
+I told His Royal Highness that my plans were only known to Sir Alexander
+Cochrane, and to my uncle, Mr. Cochrane Johnstone, who had, in fact
+written out for me the papers which had been laid before His Royal
+Highness, but that I would obey his injunctions, and had no fear of my
+relatives disclosing so important a secret. The investigation being
+secret, of course no official report was made on the subject.
+
+Not long after this interview Lord Melville signified to me his
+intention to put in execution _a portion_ of my plans, and requested my
+attendance at the Admiralty for the purpose of conferring on the
+subject. To this partial execution of the project I of course demurred,
+as unfair to the invention and necessarily incomplete in operation,
+whilst development of a portion might give the enemy such an insight of
+the whole as would enable him to turn it against ourselves on a large
+scale; his lordship, nevertheless, did not seem inclined to give way,
+and I quitted the Admiralty without having been enabled to arrive at any
+satisfactory conclusion.
+
+Lord Melville having mentioned to Lord Keith the result of our
+interview, Lord Keith urged me to acquiesce in the First Lord’s views,
+adding, that he was too well acquainted with the soundness of my plans
+to doubt the practicability of destroying with a portion only the
+enemy’s ships in Genoa harbour and the outer roads of Toulon. His
+lordship further urged that a success once achieved, the popular voice
+would place it in my power to enforce the execution of the more
+destructive portion of the invention within the enemy’s inner harbours.
+
+In deference to Lord Keith’s opinion I at once prepared a plan of attack
+on the outer roads of Toulon, in accordance with the views of Lord
+Melville. That communication, omitting the essential parts of the plan,
+I now subjoin.
+
+ “12 Portman Square, May 12th, 1812.
+
+ “MY LORD,—In consequence of the conversation I had the honour of
+ holding with your Lordship yesterday, and of your desire that I should
+ state what force would be required for carrying into execution the
+ plan submitted for the destruction of the Toulon fleet, I beg to
+ submit the following arrangements as applicable _to this particular
+ object_.[81]
+
+-----
+
+Footnote 81:
+
+ Viz. as not having reference to the execution of the whole.
+
+-----
+
+ “One seventy-four.
+
+ “Two 38-gun frigates.
+
+ “Two 18-gun brigs.
+
+ “Two cutters or schooners.
+
+ “The above force is requisite as an escort, and to protect the boats.
+
+ “In order to ensure success, although one-half will probably be
+ sufficient, the subjoined will be necessary.
+
+ [Here follow particulars.]
+
+ “As your Lordship permitted me to recommend such officers as I thought
+ best calculated for this service, I beg leave to name the following:—
+
+ “Captain Robert Baine.
+
+ “Sir Thomas Staines, now of the _Hamadryad_.
+
+ “Captain Johnstone, now commanding the _Avenger_, if he has not
+ sailed; and if he has—
+
+ “Captain Hall, now commanding the gunboats at Messina, and lastly
+
+ “The Honourable Lieutenant Napier, now in the Mediterranean.
+
+ “My late first Lieutenant, Travers, now in the _Impérieuse_, to be
+ first of whatever ship your Lordship may be pleased to assign to me,
+ which, in order further to conceal the enterprise, may, if your
+ Lordship should think proper, be placed under the command of my
+ brother Captain Archibald Cochrane, late of the _Fox_ frigate. I can
+ furnish him confidentially with all the necessary instructions, so
+ that I might at once proceed to Lisbon, apparently in a private
+ capacity, so as to disarm suspicion.
+
+ “I have taken the liberty of submitting the names of the above
+ officers to your Lordship, because I am well acquainted with their
+ characters and zeal for the service, and am sure that whatever is
+ undertaken by them will first be well weighed, and then executed with
+ determination.
+
+ “The above operation is calculated _without the assistance of troops_,
+ but if your Lordship wish to _secure_ the ships, instead of
+ _destroying_ them, 4000 troops should be embarked at Messina[82] as
+ though under the destination of Catalonia, and having been shifted
+ into the ships of war now blockading Toulon, should be held in
+ readiness to be disembarked in the peninsula of Cape Cepet, the
+ heights of which may be held, although not yet fortified, against any
+ force that may be brought against them. When I was last there, with
+ Lord Collingwood’s fleet, I stood particularly close in, within point
+ blank range of shot, and there were not sufficient men in any of the
+ batteries to train more than one gun at a time—indeed, they appeared
+ merely to be stationed there to take charge of the stores. There was
+ neither smoke in the chimneys of the barrack-rooms, nor was there a
+ door or window open, though the weather was extremely hot.
+
+ “If the operations are to be extended along the coasts, your Lordship
+ will see the propriety of embarking 300 marines on board the
+ seventy-four, and 100 in each of the frigates.
+
+ “The expense of the expedition will be _within three months’ cost of
+ that of the blockading force_, and half the stores enumerated may
+ accomplish the service.
+
+ “I have, &c. &c.
+ “COCHRANE.
+
+ “The Right Honourable Lord Melville, &c. &c.”
+
+-----
+
+Footnote 82:
+
+ How well these could have been spared is evident from Capt. Hall’s
+ letter, see page 221.
+
+-----
+
+Inconsiderable as was the expense, in comparison with other armaments
+producing little or no result, Lord Melville hesitated to incur it; or
+rather, as I have reason to believe, his lordship was overruled by the
+ill-feeling against me at the Admiralty, as the concurrence of the Board
+would have placed me in command of a squadron, with my flag flying in a
+line-of-battle ship. This was evidently considered too high a position
+for one who had been for three years kept unemployed from political and
+personal dislike, was evidently not to be thought of, and the project
+after long fruitless expectation was dropped.
+
+I then proposed to conduct a similar expedition against Flushing, but
+this also was declined. As, however, public dissatisfaction began to
+manifest itself, Lord Melville informed me that I might make an attempt
+on Toulon _on a small scale_! In other words, that I might, “on a small
+scale,” show the enemy how to put my plans in operation against
+ourselves _on a large scale_! The permission was so preposterous,
+besides being not altogether free from the suspicion that failure would
+be more acceptable than success, I declined it, notwithstanding the
+renewed recommendation of Lord Keith to close with Lord Melville’s
+offer. As at this time only a few sail of the line remained at Toulon, I
+hesitated to comply, considering that the result of destroying these
+would have been badly compensated by the disclosure of the means whereby
+their destruction had been effected.
+
+Soon after the accession of William IV. I submitted my plans to His
+Majesty’s consideration, and being himself a practical seaman, His
+Majesty at once admitted their importance and honoured me with personal
+interviews on the subject, at which I explained my methods of putting
+them in execution under various circumstances. His Majesty was further
+pleased to observe that I ought to be rewarded as well for the plans as
+for the secrecy which had been observed, yet not the slightest reward
+did I ever reap for the invention or for having kept my secret out of
+pure love to my country, a motive which will be better appreciated when
+subsequent temptations to divulge it come to be shown.
+
+An incontrovertible proof of the efficiency of the plans submitted by me
+to various ministries is on record in the shape of a report _from a
+comparatively recent commission_, one of the commissioners—who ranks
+amongst the highest in his profession—_being still living_. As from the
+non-employment of those plans on any occasion, an opinion may have gone
+abroad that their destructive character is illusory, I feel myself
+justified in dispelling the illusion by subjoining the report.
+
+Towards the close of 1846, when the late Lord Auckland was at the
+Admiralty, suspicion being excited as to the motives and intentions of
+the then French government, another commission was appointed, to decide
+upon a mode of trying my inventions in a way to satisfy the public as to
+their efficacy, and at the same time to preserve secresy. This being
+found impracticable, the trial was never made, but the commission
+proceeded to report on the plans. The members were Sir Thomas Hastings,
+Sir J.F. Burgoyne, and Lieut.-Col. Colquhoun.
+
+The subjoined is their report, addressed to the then Master of the
+Ordnance and forwarded to me by Lord Auckland.
+
+ “Ordnance Office, Jan. 16, 1847.
+
+ “MY LORD,—In conformity with your Lordship’s instructions, we, the
+ undersigned, have met to consider and report on the secret war plans
+ of Vice-Admiral the Earl of Dundonald, transmitted to us by the First
+ Lord of the Admiralty, the Earl of Auckland.
+
+ “These plans may be classed under three heads:—
+
+ “1st. One, on which an opinion may be formed without experiment, for
+ concealing or making offensive warlike operations; and we consider
+ that, under many particular circumstances this method of his Lordship
+ may be made available as well by land as by sea, and we therefore
+ suggest that a record of this part of Lord Dundonald’s plans should be
+ deposited with the Admiralty, to be made use of when in the judgment
+ of their Lordships the opportunity of employing it may occur.
+
+ “2nd. One on which experiments would be required before a satisfactory
+ conclusion could be arrived at.
+
+ “3rd. Nos. 1 and 2 continued for the purpose of hostile operations.
+
+ “After mature consideration, we have resolved that it is not desirable
+ that any experiments should be made. We assume it to be possible that
+ the plan _contains power for producing the sweeping destruction the
+ inventor ascribes to it_; but it is clear this power could not be
+ retained exclusively by this country, because its first employment
+ would develope its principle and application. The last observation
+ applies equally to plan No. 1.
+
+ “We considered in the next place, how far the adoption of the proposed
+ secret plans would accord with the feelings and principles of
+ civilised warfare. We are of unanimous opinion that plans Nos. 2 and
+ 3, would not do so.
+
+ “We therefore recommend that, as hitherto, plans Nos. 2 and 3 _should
+ remain concealed_. We feel that _great credit is due to Lord Dundonald
+ for the right feelings which prompted him not to disclose his secret
+ plans when serving in war as naval Commander-in-Chief of the forces of
+ other nations, under very trying circumstances, in the conviction that
+ those plans might eventually be of the highest importance to his own
+ country_.
+
+ “We have only to add that we have sealed up, under one cover all the
+ papers which have been submitted to our consideration by the First
+ Lord of the Admiralty and the Earl of Dundonald, and our
+ correspondence with the latter in another—both of which we have marked
+ ‘secret.’
+
+ “With regard to the disposal and future custody of these papers, we
+ await instructions from your Lordship, or the Earl of Auckland, to
+ whom we propose this letter should—after your Lordship has perused
+ it—be transmitted.
+
+ “We have the honour to be,
+ “Your Lordship’s obedient servants,
+ “THOMAS HASTINGS, Capt. R.N., and
+ Principal Storekeeper.
+ “J.F. BURGOYNE.
+ “J.S. COLQUHOUN, Lieut.-Col. R.A.
+
+ “To the Marquis of Anglesey, K.G. and K.C.B.”
+
+Let the public now judge of the nature and value of those plans—of the
+merit of never having disclosed them, though exposed to severely trying
+circumstances, and also whether they are impracticable.
+
+I have been told, on indubitable authority that during the late war with
+Russia an interchange of warlike plans took place between the English
+and French Governments. It was further pointed out to me but the other
+day, that a French journal of high authority had remarked to this
+effect, “_should a war arise between England and France, the latter
+power would bring warlike engines into play to which rifled cannon were
+a trifle_.” From this I make little doubt but that my plans _are_ known
+to the French Government, and if so, whenever they are applied, the
+people of this country will find them no “trifle”—for as the report just
+adduced infers, no power on earth can stand against them. It is one of
+my most bitter reflections that such plans have been utterly thrown away
+as regards our own nation, and that from the imprudence of Governments
+they may one day be turned against my own country.
+
+In the late war with Russia, I twice offered these plans to the
+Government. The first time they were declared “_inexpedient!_” The
+second time I offered to _conduct them myself_, either against Cronstadt
+or Sebastopol—old as I was—the forts of Cronstadt being especially open
+to their application. As regarded Sebastopol, the question was put to me
+whether I would instruct two engineer officers in applying them? My
+answer was, “No, I have offered to risk my own life and reputation on
+their efficacy, but will not impart my mode of applying them to others,
+who may not, either from preconceived notions or professional jealousy
+of naval inventions, comprehend them.”
+
+Had I not adduced the report of the last committees appointed to examine
+the plans, this might be thought the bombast of an old admiral whose
+physical vigour had outlived his judgment. I flatter myself, however,
+that more years of sharp experience than usually falls to the lot, even
+of admirals, has fixed my judgment of warlike operations too firmly to
+be shaken even by age. I repeat that should those plans ever be turned
+against ourselves, the English public will be in a condition to
+pronounce an opinion on that point.
+
+The report of the committee gives me great credit for _not having made
+use of those plans elsewhere_. As before stated, I promised the Prince
+Regent never to divulge them except for the honour and advantage of my
+own country, and although driven from the profession of my choice I did
+not forget my promise.
+
+It may be permitted me to add that when, in 1820, I came with four ships
+before the Castles of Callao, it was perfectly well known to me that
+money and property considerably exceeding in value a million sterling,
+besides all the plate in Lima, had been sent to these castles for
+security. I could, with the aid of a small portion of my plans only, and
+in spite of opposition, have possessed myself of this treasure in an
+hour, and my share could not have been less than half a million
+sterling.
+
+Let posterity judge of my conduct, as compared with the blind enmity of
+those who persecuted me wrongfully. Yet there was every inducement to
+employ my own plans for my own benefit. When I entered the service of
+the South American States, my private income, never large, and entirely
+of my own creation, had been wholly wasted by the expenses consequent on
+forced litigation and in defending myself from an iniquitous
+prosecution. For more than four years I had been deprived of my
+professional income, and at forty years of age found myself thrown on
+the world to seek the means of making provision for myself and an
+increasing family.
+
+Had I been indifferent to the welfare of my own country, my position, as
+Commander-in-Chief of the squadrons of Chili and Peru, and afterwards of
+the Brazilian squadron, would have enabled me to amass an immense
+fortune, by putting an early end to the wars of those countries through
+the adoption of secret plans, as the Governments of those states
+expected. For not having done so, they manifested their displeasure and
+declined to pay me the stipulated rewards for what I effected towards
+their liberation.
+
+It was forcibly urged upon me by the South American governments that the
+unjust deprivation of rank and honour in my own country released me from
+any obligation to obey the injunction of secresy which had been imposed
+upon me, and that I ought to profit from my own discovery, by applying
+it to the ample opportunities before me. I can safely say, that love of
+country, alone restrained me from listening to their temptations, and
+that I did not yield to the great necessities of my position is now one
+of the proudest consolations of my life.
+
+Yet I repeat—and the assertion will one day be confirmed—that these
+plans afford the infallible means of securing at one blow our maritime
+superiority and of thereafter maintaining it in perpetuity—of at once
+commencing and terminating war by one conclusive victory. A hundred
+millions employed in war could not complete the ruin of our maritime
+opponents so effectually as could be done by the simple methods
+indicated in my plans; and that too in spite of the apparently
+formidable fortifications and other defences of ports and roadsteads.
+The expenditure of millions in the construction of such works on the
+coasts of any country would be in vain, when any hostile power in
+possession of the knowledge of such means of attack, could at a trifling
+cost and with the utmost facility accomplish in a few hours any
+assignable amount of destruction without impediment from such costly but
+really impotent safeguards. Still more easily might this country protect
+itself by destroying at one blow the marine of an enemy, and that by a
+process which our most eminent engineer officers—as has been seen—have
+pronounced infallible.
+
+It is somewhat singular—that, notwithstanding my admitted experience, as
+demonstrated by the acts and success of my early life, and
+notwithstanding the destructive character of my plans as certified by
+committees of the most eminent men to be found in both services, _I have
+never, throughout my whole life, been officially consulted on the means
+of defence of this country!_
+
+This cannot have been accidental. It is not probable that any prime
+minister should consider himself so well up in naval matters as to
+despise my experience. Nor is it probable that he should prefer
+consulting officers who never saw a shot fired in actual warfare,—as was
+frequently the case previous to the Russian war,—to the opinions of one
+whom committees of the highest professional character had declared to be
+the inventor of plans which would totally change the aspect of war, and
+supersede every known system of warlike operations.
+
+When the dominion of the sea, the existence of our mercantile marine,
+and the peace of Europe were—_as they are at this moment_—in question,
+it is nevertheless difficult to conceive this extraordinary
+inconsistency. Still there is the fact. None to whom my plans have been
+submitted, have ever pretended to throw doubt on their efficacy. Some,
+it is true, have said, “For heaven’s sake, don’t encourage such
+plans,—what is to become of us?” What? Universal peace: for after their
+disclosure not a man would be found to engage in war except for defence
+of his country, when, as was said of the cholera by an eminent French
+surgeon, “_Il cadavreisera le monde_.”
+
+What can have been the cause of such neglect and contumely as I have
+suffered, under the full knowledge that such a secret was in my power?
+There can only have been two causes,—unmerited personal aversion without
+reason, or want of political courage to put my plans in execution.
+Whether of the two causes be accepted, they form the highest compliment
+which was ever paid to man, viz. _that no amount of neglect or
+persecution could induce me to betray my country_. The report of the
+committee paid me the compliment which is at least my right, and how
+great a compliment it is, futurity may one day unexpectedly have to
+decide.
+
+No doubt to use such powers for ambitious purposes would be wicked; but
+what guarantee have we that if in the possession of ambitious nations,
+they may not be turned against us. To use them in the defence of order
+and civilisation would be praiseworthy, but to let the world know that
+we are at all times prepared to use them against aggression, would be a
+protection of the best interests of mankind no less than of our own.
+Such knowledge can only be dangerous to those who have cause to fear it,
+but to those possessing it it is power, strength, and safety.
+
+The public is now in possession of all material circumstances connected
+with the subject, except the plans themselves, which, for obvious
+reasons, are, it is to be hoped, _still secret_.
+
+I am not certain whether—were the plans disclosed—the advantage would
+not be in favour of publicity. Such disclosure would demonstrate that
+there could be no security in coast defences and other stationary
+asylums, on the construction of which it is now proposed to expend so
+many millions of the public money. It would show the inexpediency of an
+expenditure of ten—which may mean twenty—millions for the construction
+of forts and harbours, instead of applying half the amount to remodel
+and renovate the navy. The disclosure might have the effect of
+preventing useless expenditure, and of averting the danger of future
+parsimonious naval administration, by leading to the adoption of
+essential measures of nautical improvement, by which alone the safety of
+the country can be preserved.
+
+The disclosure of these plans would also have the effect of binding over
+nations to keep the peace. Still less would the English public
+countenance the extravagant and inefficient projects devised for the
+protection of their insular position, open at all points, and only to be
+protected by a superior naval force, which shah avert danger on the
+first menace.
+
+As the subject of fortifications is now uppermost in every man’s mind, I
+will venture a few remarks on my experience of this mode of defence.
+
+A story is told of the Duke of Wellington which embraces the whole
+subject. On his appointment as Warden of the Cinque Ports, the
+inhabitants of Dover, well known for their keen scent of a profitable
+job, applied to the Duke for an increase of their fortifications,
+already a stupendous monument to the folly of those who have added to
+them.
+
+The Duke’s reply was the perfection of military wisdom. “_The
+fortifications of Dover would be, no doubt, very useful if an enemy came
+in that way, but I don’t think he would! They might also be very useful
+if an enemy went out that way, but I don’t think he would!_” In that
+sentence is comprised the whole subject of fortifications, unless
+erected specifically for the defence of a dockyard or an arsenal, as at
+Portsmouth, Plymouth, &c. It is true that in his last years the Duke
+retracted his opinion in some degree, but I could never learn the
+reasons he assigned for so doing.
+
+Why should an enemy go to a coast fortification when he can land miles
+away from it? I will take the instance of the Dover fortifications,
+which are amongst the most stupendous in this country. What is there to
+prevent an enemy from landing at Walmer, where there is nothing to
+oppose him but the six popguns in the flower garden of the Castle? He
+may effect a debarkation there at all times of the tide, in any wind and
+almost in any weather. The distance from the fortifications of Dover is
+little short of seven miles. By making a strong feint by sea on Dover,
+the garrison could not quit their works to prevent the disembarkation at
+Walmer, for if they did the feint would be turned into a real attack.
+Neither, when the disembarkation had been effected, would they be likely
+to quit their works for the purpose of harassing the invaders, for so
+surely as they marched out for this purpose a sufficient portion of the
+enemy would march in. The whole would simply amount to this, that the
+garrison, say 10,000 or 20,000, would be cut off from communication with
+the army elsewhere, and would thus be completely neutralised. Lastly,
+when disembarked at Walmer, the fortifications of Dover could not in the
+slightest degree interrupt the enemy’s communications by sea. Nothing
+but an efficient navy could do that; and with an efficient navy the
+disembarkation at Walmer would never be attempted. All this is plain
+enough; for, after all, military tactics are founded on common sense,
+and the amount of common sense decides their superiority.
+
+Where fortifications are the key to a province, frequently advisable to
+capture them, and this may be an easier matter than military men in
+general are willing to admit. Of course, if they sit down before
+fortifications _secundum artem_, the matter is one merely of time and
+calculation, as we have learned at Sebastopol.
+
+When on the coast of Chili I captured a province with 120 men only, and
+that by storming its fortifications. These were thirteen in number, and
+were garrisoned by 2000 men. I was accused of rashness for the attempt;
+yet no more doubted the fact of my success than I doubted the reality of
+the attack. It was simply a matter of well matured deliberation and
+calculation, in which, of course, the panic of the enemy formed an
+important item. The result was that I did not lose a man, whilst the
+enemy’s killed and wounded amounted to more in number _than my whole
+force_! With this in addition to my former experience it perhaps will
+not be wondered at that my respect for fortifications is by no means
+great, though my respect for an efficient navy _is_ excessive.
+
+Full discussion of this matter would, however, require more space than
+can here be devoted to it, and should my life be spared I will on a
+future occasion enter more extensively into this and other cognate
+subjects. Were I now to do so, I am afraid public faith in some of its
+newly cherished fortifications would be materially shaken, and will
+therefore refrain from so doing, in the hope that improvements in our
+navy, the only true basis of national safety, will render such remarks
+unnecessary.
+
+In short, immovable stations of defence as a protection against
+invasion, are not only costly and of doubtful utility, but a _reliance
+on them_ is, in my mind, an indication of a declining state. It is
+little short of national imbecility to suppose that because we erect
+imposing fortifications an enemy _will come to them!_ when he can
+operate elsewhere without the slightest regard to them; and the more so,
+as the common experience of warfare will tell him that numerous
+fortifications are in the highest degree national weakness, by splitting
+up into detail the army which ought to be in the field against him, but
+who are compelled to remain and take care of their fortifications. Yet
+_half the sum_ required for fortifications as defences in case of war,
+would suffice to place the navy in a condition of affording far more
+effectual protection. There is no security equal to that which may be
+obtained _by putting it out of the power of an enemy to execute hostile
+intentions_. This can never be effected by forts, but may be
+accomplished by the adoption of proper measures, which I shall at
+present refrain from commenting on.
+
+
+
+
+ CHAP. XXXV.
+ NAVAL AND OTHER DISCUSSIONS IN PARLIAMENT.
+
+SINECURES.—ADMIRALTY EXPENSES ILL DIRECTED.—WHAT MIGHT BE DONE WITH
+ SMALL MEANS.—FLOGGING IN THE ARMY AND NAVY ATTRIBUTABLE TO A BAD
+ SYSTEM: NEVERTHELESS, INDISPENSABLE.—NATIONAL MEANS WRONGLY
+ APPLIED.—INJURIOUS CONCESSIONS TO THE FRENCH.—DENIED BY THE
+ GOVERNMENT.—EXPLANATIONS OF MY PARLIAMENTARY CONDUCT ON THE
+ DISSOLUTION OF PARLIAMENT.—LETTER TO MY CONSTITUENTS.—APPOINTMENT OF
+ OFFICERS BY MERIT INSTEAD OF POLITICAL INFLUENCE THE TRUE STRENGTH
+ OF THE NAVY.—MY RE-ELECTION FOR WESTMINSTER.—ADDRESS TO THE
+ ELECTORS.—MINISTERIAL VIEWS.—TREATMENT OF AN OFFICER.—MY
+ INTERFERENCE.
+
+
+At the commencement of the session of 1812, it became known that His
+Royal Highness the late Duke of Cambridge had voluntarily given up a
+military emolument of nearly 5000_l._ a-year. The patriotism which moved
+His Royal Highness to relinquish a lucrative command which had dwindled
+into a sinecure, was too conspicuous to be lost sight of, not only on
+account of his disinterestedness, but because there was hope this
+practical specimen of reform, proceeding from so high a quarter, might
+be brought to bear on others in such a way as to induce them to emulate
+the example.
+
+On the 23rd of January, I therefore moved for a copy of His Royal
+Highness’s letter of resignation, for the purpose of grounding thereon a
+resolution expressive of the opinion of the House on the subject, at the
+same time intimating to sinecure-holders in general the desirableness of
+imitating the magnanimity of the royal duke. The effort was, however, in
+vain.
+
+On the 23rd of February, a question was raised by Mr. Bankes respecting
+the payment of 2790_l._ a-year to the Secretary of the Prince of Wales,
+as paymaster of widows’ pensions. A former report on a committee of the
+House had pronounced this office a perfect sinecure, of no public
+utility whatever, and that the office of deputy-paymaster was little
+better, the whole business being transacted by a clerk in the War Office
+at a salary of 100_l._ a-year. The reply of Mr. Perceval (then Prime
+Minister) to this statement was “that there was more danger to the
+country _from declamations against sinecures than from the sinecures
+themselves_!”
+
+On this occasion I supported the _retention_ of the sinecure, on the
+ground that the abolition of so insignificant a sum might _deceive the
+public into a belief that their interests were watched in that House_.
+The House had suffered the reports of various committees on the subject
+to lie dormant for thirty years, and now wished to abolish _three only_
+out of the long list of sinecures, which their committees had declared
+to be useless and burdensome to the country. It was the bounden duty of
+the House to have pronounced _on the whole class_, and not partially.
+They ought to have enumerated the sinecures to be abolished, and thus
+put it out of the power of ministers to exercise any discretion on the
+subject; instead of singling out a comparatively insignificant place
+from a long list of enormous sinecures, upon which the House had not so
+much as expressed an opinion, notwithstanding the numerous
+representations of its committees.
+
+On the motion of the First Lord (the Right Hon. C. Yorke) that a sum of
+upwards a million should be granted for the contingent expences of the
+Admiralty, I spoke as follows:—
+
+ “LORD COCHRANE hoped, that, as a deviation from mere detail was
+ allowed when the army estimates were in a committee, it would not be
+ entirely out of course to offer a few general remarks while the supply
+ of the navy was before the House; not with a view to oppose the supply
+ for the ordinary establishment of the navy, but as to the proper
+ application of the enormous sums granted for that service generally.
+
+ “To this nothing could, in his opinion, contribute more than that the
+ Board of Admiralty should not be considered as a _mere appendage to
+ the minister of the day, and be displaced by every agitation of the
+ political system_—whereby misapplication of means was rendered
+ perpetual; for, just as the members acquired some knowledge of their
+ complicated duties, and of the powers they ought to direct against the
+ enemy, they were then displaced, to make room for others of _no
+ experience_.
+
+ “The observations which he had to address to the chairman related
+ chiefly to the means of annoying the enemy, which means the Government
+ possessed in a right disposal of the naval force of the country. This
+ was at present totally useless, except for the purpose of passive
+ blockades. Had 5000 men, with attendant naval transports, been kept in
+ readiness in such a central situation as Minorca, for instance, it
+ would have been impossible for the French to have made any progress on
+ the eastern side of the Peninsula; for no sooner should the enemy have
+ laid siege to Tarragona, Valencia, Alicant, or any other place on the
+ Mediterranean coast of Spain, than their affairs might have been
+ reversed at the other extremity. Rosas, for instance, was within
+ _twelve hours’ sail_ of Minorca, and about eighteen from Alicant,
+ whereas on the other hand it was _twenty-five days’ march_ at least
+ from Alicant to Rosas.
+
+ “Comparing the respective populations of Britain and France, it was
+ impossible to think of carrying on an equal warfare in the Peninsula.
+ A greater number of men than all the British who were at present
+ there, must perish before it could be possible to drive out the
+ French. The desultory nature of naval warfare was, in his opinion, the
+ best calculated for that purpose, and for this we had the highest
+ authorities in ancient and modern times. If the French, with a
+ contemptible flotilla, could keep this country in alarm, what was our
+ gigantic navy not capable of doing? The whole of France lay at the
+ mercy of the British ministry. Had the enemy a naval superiority, and
+ only 10,000 disposable troops, on what part of the shores of England
+ could people repose in tranquillity?
+
+ “The war as at present conducted could not possibly have a successful
+ termination. It was a great misfortune that the House of Commons
+ listened to nothing which was beyond the sphere of their own
+ knowledge; and when any professional man, like himself, rose up to
+ give information, _party_ was immediately thrown in his teeth;
+ _factious motives_ were instantly imputed, however pure his wishes for
+ the good of his country. He put it to the committee, whether the whole
+ force of this country was not on the alert, and almost concentrated on
+ the coasts of Kent and Sussex, when an invasion was threatened by a
+ contemptible flotilla of the enemy; and if so, what might not be done,
+ if the gigantic naval power of England was to threaten the enemy’s
+ shores? It was his sincere opinion, that the whole coast of France was
+ completely at the mercy of His Majesty’s ministers.
+
+ “The noble lord next adverted to the coasting trade carried on by
+ France, and which it was in our power to destroy. That trade existed
+ to an extent almost incredible. It was in our power to dismantle their
+ batteries,—to blow up their towers,—and, above all, to destroy that
+ chain of signal-posts, by which a telegraphic communication was kept
+ up from Flushing to Bayonne, and from the south-east point of Spain to
+ Venice. Each of those signal-posts could be successfully attacked by
+ ten men, as, except in a few situations, they were exposed, and seldom
+ had above two or three maimed soldiers to conduct them. He had no
+ interest whatever in forcing those observations on the attention of
+ the committee, and he hoped the right hon. gentleman would not think
+ them altogether unworthy of his consideration. He should not, he said,
+ at that time attempt to say more; but he trusted that members who were
+ far more capable to do justice to the subject than he could pretend to
+ be, would turn it in their minds, and bring the subject forward, or
+ that His Majesty’s ministers would investigate the truth and act
+ accordingly. In either case he was certain attention to the hints he
+ had thus thrown out could not fail of being attended by the most
+ beneficial results to the country. He did not think ministers, in not
+ having attended to the subject, were so much to blame as the House
+ itself, for they were, or ought to be, the guardians of the public
+ purse; but he was sorry to say, the practice of the House was _to vote
+ estimates to a very great amount, without at all troubling themselves
+ to inquire how those estimates were applied_.
+
+ “Besides the signal-posts he had mentioned, there were placed along
+ the whole coast of Spain many small parties of soldiers in churches,
+ convents, and other buildings, for the purpose of keeping the people
+ of the maritime towns in awe, and passing along supplies to the
+ armies, which supplies it was in our power to intercept, as the only
+ practicable military road was within a pistol-shot of the margin of
+ the sea. The smallest assistance would encourage the people to rise
+ upon them; but without such assistance they are afraid to do so,
+ knowing that the French would burn their houses, violate their wives,
+ and murder themselves. This he had seen them do.
+
+ “During all the time he was off Catalonia, the French had barely
+ sufficient force to defend themselves against the natives, and in
+ every enterprise which they undertook they were foiled. It was
+ notorious, however, to all the world, that the attention of ministers
+ was always engaged exclusively on one or two objects, and that they
+ never took an extended view of things. If our commander on that coast
+ had had discretionary powers to supply Figueras, which was the key of
+ Catalonia, with provisions, it could not have been taken by force, for
+ it was impregnable. If Government would only act in a proper way, it
+ was impossible that Buonaparte could go on a twelvemonth longer.
+
+ “The noble lord then referred to the American war: had ministers
+ during that war, instead of marching large armies through the country,
+ only transported 10,000 men from one place to another, they would soon
+ have laid waste the whole sea-coast, and the country must have
+ submitted.
+
+ “MR. HUTCHINSON deprecated the species of warfare recommended by the
+ noble lord, which he thought would not be productive of the effects he
+ expected.
+
+ “LORD COCHRANE, in explanation, defended the system which he had
+ recommended, as peculiarly calculated to injure the enemy’s coasting
+ trade, which was the great nursery of his seamen.
+
+ “After a few questions from Admiral Markham and Mr. Tierney, as to the
+ decrease in the estimates, and replies from Mr. Yorke, the resolution
+ was agreed to, as were also the other usual annual resolutions
+ relating to the navy.”
+
+As the subject of flogging in the army and navy forms a prominent
+subject in the present day, I may be pardoned for putting my own views,
+then and now, on record. On the 13th of March, on the motion for the
+third reading of the Mutiny Bill, Sir Francis Burdett, in a speech
+distinguished for humanity and eloquence, animadverted on the punishment
+of flogging in the army and navy, as a system derogatory to our country,
+where the principles of liberty, of humanity, and of civilisation were
+better understood and practised than in any other country.
+
+On this occasion, I delivered my sentiments as follows:—
+
+ “Lord COCHRANE hoped that, by degrees, this punishment might in due
+ time be abolished, but declared that it was impracticable to govern
+ any large body of men without having the power of recourse to it. He
+ believed, however, that much of the mischief which arose from the
+ punishment of flogging, especially in the navy, had been caused by the
+ influence of that House. Great parliamentary interest had enabled the
+ first families in the kingdom to force their children into the
+ service, when too young to understand the nature of the authority
+ entrusted to them. Many of them insisted on their decks being as clean
+ and as shining as the floor of a drawing-room, and that their kitchen
+ utensils should be scoured as bright as silver, with a variety of
+ other useless and fantastic commands; and if such commands were not
+ obeyed, they flogged severely those who had those articles in charge.
+
+ “The discipline of the navy depended on the commanding officer of each
+ ship; and if they continued to flog for such offences, the navy must
+ suffer. Gentlemen might think otherwise, but he knew it to be true,
+ and he was afraid they would be convinced of it too soon. The family
+ interest he had alluded to prevailed also, to such a degree, that even
+ the Lords of the Admiralty had lists made out, and when an officer
+ went to offer his services, or to solicit promotion for services
+ performed, he was asked—‘Are you recommended by my Lady this, or Miss
+ that, or Madam t’other?’ and if he was not, he might as well have
+ stayed at home.
+
+ “He could not, however, vote for the motion. It would be better to
+ look to those to whom power was entrusted, than to take away the power
+ of punishing altogether. If it were so taken away, it would ruin the
+ service. The best seamen in the navy would say so, and if put to the
+ vote among the sailors, he was sure the decision would be in favour of
+ the present mode of punishment; but they would at the same time tell
+ the Lords Commissioners of the Admiralty that they ought to be
+ commanded by persons of experience, and not by young men appointed by
+ parliamentary or any other influence. He hoped he should see the
+ practice of flogging abolished, while the power of inflicting it was
+ suffered to remain.”
+
+Good seamen are thoroughly aware that they have nothing to fear from a
+judicious and well-regulated captain, a man of sense, who knows his duty
+and that of those under him. Such captains have indeed no difficulty in
+manning their ships, whilst those in whom the men have no confidence
+find difficulty. Good men on board ship stand as little in awe of the
+cat as do the good people ashore—who make so much fuss about what they
+cannot possibly understand. Amongst many hundreds of men there are
+always some vagabonds, who, were it not for the fear of punishment,
+would throw their whole work on the hands of others. On such men
+reasoning has no effect, nor have good seamen any sympathy with them. On
+the contrary, they would rather see them compelled to do their duty by
+the dread, or even the application of the lash, than be obliged to do
+the work of lazy men in addition to their own.
+
+Landsmen also forget that a naval officer cannot get rid of a worthless
+vagabond. He has to account for him to the Admiralty. Were it possible
+to give an officer power to turn such over the side, as a landsman can
+turn away an unprofitable servant, and he would have no occasion for the
+lash. But so long as he is obliged to retain such men, he must secure
+their obedience by the only means which will control them.
+
+On the 16th of March came on one of those questions which added so
+materially to our national debt. Lord Castlereagh proposed a sum of two
+millions sterling as a subsidy to Portugal. He declared that the
+circumstances of Portugal were so much improved, and her troops
+exhibited so much valour, that he did not expect any opposition to the
+measure. This was, however, opposed by several members, on the ground of
+impoverishing ourselves by a system which did not produce the results
+the nation had a right to expect. By myself it was not opposed, but I
+embraced the opportunity of giving my opinion to the following effect:—
+
+ “LORD COCHRANE considered Portugal to be defensible against the French
+ arms chiefly at the lines of Torres Vedras, which were so strong as
+ not to require so great an army as we had there, and which gave us a
+ free communication with the sea; whereas our operations were conducted
+ on a much more extensive scale between Ciudad Rodrigo and
+ Badajoz,—places which, if we got possession of them both, were not
+ tenable unless we had a force perfectly capable of coping with the
+ French forces in the open field. Both these places stood on plains,
+ and the French, it should be recollected, were much superior to us in
+ the number of their cavalry, and had often brought a much larger
+ general force into the field.
+
+ “The war would be much less expensive, were the lines of Torres Vedras
+ considered as the true defence of Portugal; by which means, instead of
+ our keeping 60,000 or 70,000 men in Portugal, comparatively idle, or,
+ at least, not in a state of military activity, we might detach just
+ now, as we might have done before, a portion of our army to Cadiz, and
+ raise the blockade of that city. A small portion of our army might
+ also be sent to Catalonia, where they might reverse all the success of
+ the enemy; and we might act all along the margin of the Mediterranean
+ with the best effect. There were numerous small forts on the coast
+ which we might get possession of, and thereby command all the
+ neighbouring country. We might have done much on the whole eastern
+ side of Spain—at Valencia particularly, and might probably retake
+ Barcelona. All this was not only useful, but practicable at a much
+ smaller expense than our present system. Thus we might have constantly
+ checked and counteracted the objects of the French.
+
+ “This suggestion he did not make as his own. It had been the
+ recommendation of others as well as his, and seemed obvious to
+ anybody. For the principles on which it was founded he had the
+ advantage of great authority, which he quoted. He declared that he saw
+ nothing in the war to occasion our despair, if we conducted it on
+ principles by which we might be enabled entirely to clear the
+ sea-coast, and have, at the same time, a large proportion of our army,
+ now in Portugal, disposable at home or elsewhere, for such objects as
+ we desired to obtain. The vote for the two millions might, if
+ applicable to these views, prove very beneficial; for no service could
+ be more important than to sweep the French, as we might do with one
+ effort, from the neighbourhood of Cadiz, and clear the whole
+ Mediterranean coast from their intrusion.
+
+ “The resolution was then put and carried.”
+
+On the 4th of May, I gave notice of a motion for an account of the
+quantity of French silks imported into this country under licence. The
+effect of this system has on one or two occasions been brought under the
+notice of the reader, as encouraging the French Navy, by encouraging
+their shipping whilst our own laboured under every species of
+discouragement.
+
+On the statement of Mr. Rose, Vice-President of the Board of Trade, that
+he had no objection to the motion, I then said that, if agreeable to the
+House, I would at once proceed with it, and adverted to the fact that
+large quantities of French silks were openly exposed for sale in this
+country to the prejudice of our manufacturers, to whom not the slightest
+concession was offered in return. Whether rightly or wrongly, it was the
+established policy of the legislature to prevent the importation of
+French manufactured goods, but the licence to do so to a small extent
+had been construed into a licence to import to any amount, and that
+without the necessary introduction through the Custom-house. I had been
+credibly informed that silks, to the value of several hundred thousand
+pounds, were at that moment lying in the river, whilst the only clause
+in the licences under which these goods were suffered to be imported,
+and which went to secure any reciprocity whatever to this country, was
+one requiring that sugar or coffee, to the value of 5_l._ per ton
+burden, should be exported in lieu of these rich manufactured goods of
+the enemy. If this were the policy of our ministry at the present period
+of unexampled distress to the manufacturing interests, the great
+dissatisfaction of the manufacturers was by no means surprising.
+
+The correctness of the statement being denied by Mr. Rose, I remarked
+that if no silk goods had really been imported, the return would
+effectually show this, and as effectually calm any dissatisfaction that
+might prevail. After some further unimportant discussion, the motion was
+agreed to.
+
+On the order of the day for the third reading of the Sinecure Offices
+Bill (June 15th), I expressed my conviction of the propriety of
+abolishing all unnecessary offices during the present state of the
+country, feeling persuaded that sinecures were the bond of union which
+held parties together in that House, and that if sinecures did not
+exist, much more attention would be paid to public expenditure. I did
+not so much object to the expense which necessarily devolved on the
+public, as to the influence which the power of giving sinecures gave to
+the ministry for the time being.
+
+The Parliament being shortly afterwards dissolved, my explanations, to
+the electors of Westminster relative to the conduct I had deemed right
+to pursue in Parliament were comprised in the following letters:—
+
+ “Portman Square, 28th September, 1812.
+
+ “GENTLEMEN,—Being conscious that I have not used the trust reposed in
+ me to my private advantage, or to promote the interests of those with
+ whom I am connected by the bonds of consanguinity or friendship, and
+ that I have no personal object to attain, I shall venture to submit my
+ conduct to the scrutiny it must undergo, on presenting myself with a
+ view of again becoming one of the representatives of this great city;
+ an honour which I do not aspire to from a vain notion that I possess
+ the qualifications requisite to perform its duties, otherwise than by
+ acting uniformly according to the best of my judgment, uninfluenced by
+ considerations of a personal nature. Should it appear, however, that I
+ have erred, I am ready to assign the reasons which have determined my
+ vote on every occasion.
+
+ “It is unnecessary to apprise you, Gentlemen, who are so well
+ acquainted with the fact, that it is impossible for an individual,
+ unconnected with either party, to succeed in any measure which has for
+ its object a diminution of the means of corruption, or, in other
+ words, the power of rewarding those who are base enough to support men
+ in office, regardless of their measures. Had the list of places and
+ pensions, possessed by the members of the House of Commons and their
+ relations, been granted, which list I moved for shortly after my
+ return to Parliament, the public would long ago have been convinced
+ that sinecures ought not to be considered, as they generally are, a
+ burden of a known amount. It has ever been my opinion that their
+ abolition alone would relieve the Crown from the thraldom in which it
+ is held; and restore the depreciating currency, by promoting the
+ proper inquiry into the general application of the public money,
+ particularly as to the sums demanded for our enormous and
+ disproportionate military establishment.
+
+ “I have frequently stated, without avail, that simply by enforcing the
+ acts relative to prize concerns, two-thirds of the navy now employed
+ would be more efficient than the whole is, under the mortification of
+ finding the fruits of their toil, and often more, taken for the mere
+ condemnation of legal captures! History shows, without the example of
+ the House of Commons, that this is not the way to stimulate men to
+ undergo fatigue, and encounter that kind of danger, from which no
+ honour is to be derived. On this subject I have not been able to
+ induce the House to look at the proofs which I held in my hand, and
+ offered to produce. I am averse to trespass on your time, though I
+ feel that I have material points to explain; but these I shall defer
+ to a more fit opportunity.
+
+ “I am, however, anxious to add, that my absence lately, on occasions
+ when you have had a right to expect my attendance, has been occasioned
+ solely by ill health, and not by a disposition to tamper with
+ ministers for employment, even in the execution of important plans
+ which I had suggested; and which, if prosecuted on a fit scale, would
+ afford France full employment in her own defence, instead of suffering
+ her troops to employ themselves in the subjugation of our allies, by
+ whom they are paid and maintained!
+
+ “Whether I am returned to Parliament or not, as soon as I shall have
+ tried every means to promote measures which, if disclosed at present,
+ would prove highly prejudicial to the public interests, I pledge
+ myself to prove to the country, that ten millions sterling may
+ annually be saved, and that the relative military force of England
+ will be increased.
+
+ “Viewing your exertions in the cause of freedom and the purity of
+ election with that admiration which they so justly deserve,
+
+ “I have the honour to be, Gentlemen,
+ “Respectively, your obedient servant,
+ “COCHRANE.”
+
+ “Portman Square, Sept. 30, 1812.
+
+ “GENTLEMEN,—Since I had the honour of addressing you, by letter, at
+ your last meeting, I have been informed by the public prints and
+ otherwise that some gentlemen deemed it a material omission that I had
+ neglected to state my opinions therein relative to Parliamentary
+ Reform,—a course which I adapted, perhaps erroneously, as most
+ respectful to the Committee for promoting the Purity of Election;
+ under the conviction that they would judge of the future by the past,
+ and not by professions. Now, however, to clear up this doubt, if any,
+ after reflection, remains on their minds, I hereby pledge myself to
+ vote on all occasions for Reform, from a persuasion that the ruin of
+ the country can be averted by that means only. I will likewise support
+ every measure for the abolition of sinecures, which form the bond of
+ union in the House of Commons against the interests of the people.
+ Indeed, reflection impresses this fact so strongly on my mind, that I
+ am disposed to think, if the advocates for Parliamentary Reform were
+ to direct their efforts first against these glaring evils, that an
+ efficient Reform would not be so far distant as the difference of
+ sentiments amongst its advocates unhappily indicates.
+
+ “As to the Catholic Question, Gentlemen, it is proper to inform you
+ that so long as its inquisitorial auricular confession and its
+ principles so favourable to despotism prevailed on the Continent, I
+ was hostile to it; but that I am now inclined to grant the claims of
+ the Catholics of Ireland, provided that they are content to receive
+ the privileges of Englishmen, and to relinquish their predilection in
+ favour of the jurisdiction of the Pope, which, however, they seem
+ anxious to establish in that part of these kingdoms.
+
+ “Having said thus much on the most important questions that occur to
+ me, I have only to add, relative to the objection made to a naval
+ officer being a representative for Westminster (which I conclude is
+ meant to extend to all other parts of the kingdom) that one half of
+ the taxes levied on the people of England is disbursed on the navy—for
+ objects which the ability of all the civil members of Parliament
+ cannot detect to be erroneous from the inspection of accounts. Neither
+ are they judges of the means best calculated to give protection to
+ trade, and annoy the enemy by that mode of warfare to which England
+ must at last resort.
+
+ “I had nearly omitted to notice that I am no advocate for flogging;
+ although I maintain, from a knowledge of fact, that your fleets could
+ not be governed at present if the power did not exist,—a power which
+ will cease to be abused when Parliamentary influence shall cease to
+ place incompetent persons in command, and that in a great measure
+ depends upon your exertions.
+
+ “I have the honour to be,
+ “Gentlemen,
+ “Your most humble obedient servant,
+ “COCHRANE.”
+
+The concluding paragraph of this letter will bear comment, even in our
+day. The appointment of officers to commands ought to be regulated less
+by interest than _desert_. The truth of this is now practically admitted
+in other departments of the State, but unhappily the Admiralty, to which
+is confided our only protection from invasion, is, to a great extent,
+looked upon as a ministerial patronage preserve, and to this supposed
+necessity the national safety may one day be sacrificed. It has been
+urged, in defence of the system, that it is a matter of little
+consequence, for that steam having bridged the Channel, invasion is only
+a question of a few hours, whoever may be in command of our ships. This
+I deny. If our ships are in a fit condition, and properly commanded, it
+is as easy to destroy the enemy’s “bridge” as ever it was, and we shall
+be as much at liberty to use our own bridge as in former days.
+
+If the Admiralty could be freed from its political trammels, there is no
+question but that those who direct its affairs would be generally guided
+in their appointments _by merit alone_. That it is not so, is a proof
+that, under the unfortunate prevalence of political influence and
+patronage, no fair and well-understood system of promotion can be
+established. Hence boys and subordinate officers, if destitute of
+influence, have no stimulus to acquiring a knowledge of their
+profession. Far otherwise, for whatever may be their proficiency or
+services, the only certainty they have is that some one with more
+influence and perhaps inferior claims may be promoted over their heads.
+It is not reasonable to suppose that such a system can produce energetic
+captains or admirals, except by accident.
+
+As one ship well officered and manned is more effective than two of an
+opposite description, a defined and well-regulated system of promotion
+upon which all can rely will cost less to the nation, and become the
+most economical as well as the most effective. The true strength of the
+navy is not in the multitude of ships, but in the energies and alacrity
+of officers and crews; and the repression of these qualities by a false
+system of political influence, renders a double force requisite for the
+accomplishment of the vital objects of the naval service. This is as
+much a waste of power as the system itself is _want of power_.
+
+The necessity of wholesome stimulating encouragement was deeply felt in
+the wars consequent on the French Revolution, and it will be felt in
+future wars whenever they arise. No one unacquainted with the matter can
+imagine how much was lost during those wars from a total disregard of
+the fitness of individuals appointed by political influence. The
+subordinate officers appointed to ships of war were frequently so
+incompetent as to paralyse the exertions even of the most able
+commanders, who could not be expected to sustain the fatigue of being
+always on deck. For my own part, I was so annoyed by the description of
+persons attempted to be palmed upon me, that, as I have somewhere else
+said, I preferred going to sea with midshipmen of my own training,
+making them perform the duties of lieutenants, rather than run the risk
+of receiving such lieutenants as were frequently appointed to situations
+in active frigates, through aristocratic or political influence. I am
+sorry the names of my midshipmen have for the most part escaped my
+memory, but I may point to three of my own making—the late Lord Napier,
+Captain Marryat, and the present gallant Admiral Sir Houston Stewart.
+These were my officers in Basque Roads, where I had only one lieutenant.
+On quitting Plymouth in the _Impérieuse_ to undertake that perilous
+duty, I sailed with _one lieutenant only_, to avoid the encumbrance of
+persons in whom I feared to repose confidence.
+
+To return to my subject. On my re-election for Westminster, I published
+a long address to my constituents. From this I shall only adduce the
+following extracts:—
+
+ “GENTLEMEN,—Being unable to convey in words the sensations I
+ experience in reflecting on the manner in which you have returned me
+ to Parliament, I shall leave it to you, who are capable of such acts,
+ to estimate my feelings.
+
+ “Gentlemen, no part of the cant of the times seems to me more
+ hypocritical than the declamation by party-men against what they term
+ the ‘overwhelming influence of the Crown;’ when the fact is notorious
+ to us all that the ruling faction in Parliament seize the offices of
+ state and share them amongst themselves. If a doubt as to this truth
+ exist in the mind of any one, let him reflect on the language of the
+ parties themselves, ‘Such an administration cannot stand.’ And why,
+ Gentlemen?—not because the royal protection has been withdrawn, but
+ because a sufficient number do not agree as to the division of the
+ spoil. Our liberties in these days are not in danger from violent and
+ open exercise of regal authority; such acts, being free from the
+ deception practised by the mock representatives of the people, would
+ not be tolerated for an instant. No, Gentlemen, it is by the House of
+ Commons alone that the Constitution is subverted, the prerogatives of
+ the Crown usurped, the rights of the people trampled upon.
+
+ “Gentlemen, I shall not attempt to enumerate the decisions of the late
+ House of Commons,—these stamp little credit on the memory of the
+ principal actors, who cannot escape from the contempt of posterity, as
+ may, from their insignificance, the nameless individuals who composed
+ their corrupt majorities. The _effects_, however, of this system of
+ corruption may be thus briefly stated; the prolongation of war, the
+ increase of the national debt, the depreciation of our currency, the
+ disappearance of our coin, the stagnation of our commerce, and the
+ consequent unexampled embarrassment of our manufactures.
+
+ “Hurtful, however, as the measures pursued have been, our total
+ neglect of others has proved still more prejudicial; for whilst France
+ has inflicted on us the evils of war, intimidating surrounding states
+ into compliance with her views, we, who have possessed facilities to
+ direct every portion of our force to unknown points within the
+ extensive range of 2000 miles of unprotected shore, have never even
+ made a demonstration with intention to disturb the enemy’s projects
+ and force him to keep his legions at home, but have left him at full
+ liberty to prosecute his plans at the expense of our allies, or in the
+ way most conducive to his interests; and, surely, none could suit him
+ better than to fix the little army of England in the centre of the
+ Peninsula, where its movements are not of a desultory nature, and
+ where, admitting the great ability of its commander, a comparatively
+ small portion of the enemy’s force is fully adequate to counteract its
+ _known movements_! What part of these kingdoms would be secure from
+ attack if the French possessed a naval superiority, with only 20,000
+ troops at their disposal? It is obvious that there must be in every
+ district a force equal to that which the enemy could bring against it.
+
+ “Gentlemen, I cannot avoid stating a fact to you which I have often
+ offered to prove at the bar of the late House of Commons, namely, that
+ whilst our commerce has decreased, that kind of trade which is most
+ beneficial to a state has augmented on the shores of the enemy, in a
+ prodigious ratio; and the produce of the northern and southern
+ provinces is freely interchanged under the protection of the abuses of
+ our Admiralty Courts, which afford better security than all the
+ batteries of France. The plain reason for this is, that each of the
+ numerous coasting vessels must, for the benefit of the court, be
+ separately condemned, at an expense greater than was formerly demanded
+ for the adjudication of an Indiaman! Gentlemen, the rapacity of these
+ courts is frequently not satisfied by appropriating the _whole_
+ proceeds to themselves, but the captors are compelled _to pay_ an
+ additional sum for thus performing a service to their country.
+ Gentlemen, that you may have a correct notion of a proctor’s bill, I
+ take the liberty of inclosing one for your inspection, which, I assure
+ you, may be considered very moderate, being only six fathoms and a
+ quarter long, or thirty-seven feet six inches, whereas I now possess
+ others that extend to fifty feet; but I prefer sending this to your
+ committee, as it is the one produced by myself in the House of
+ Commons, and by the venerable Earl of Suffolk in the House of Lords;
+ the exhibition of which was pronounced by the present Lord Chancellor
+ Eldon (the brother of the judge of the Admiralty Court) to be a
+ species of _mummery_ never before witnessed within those walls, and
+ altogether unbecoming the gravity of that branch of the legislature.
+
+ “The example of the industrious bee demonstrates by the laws of nature
+ that the drone is not to live at the expense of the community,
+ notwithstanding what the Whigs have said of sinecures being held by
+ tenure equal to that of freehold property.”
+
+From the preceding incomplete enumeration of my parliamentary efforts,
+it will be apparent that as regarded my profession I had not been idle;
+but every step I took appeared to remove me farther from my chance of
+being again employed. Notwithstanding that in those days the language of
+members frequently passed those bounds which the modern practice of the
+House of Commons has prescribed, in no instance, that I am aware of,
+could I be accused of intemperate treatment of any subject under
+discussion. Independently of the sore point of Lord Gambier’s
+court-martial, which was no act of mine—my offending could have been
+none other than the one of attempting to rouse the authorities to an
+effort for the amelioration of the navy, for objects which under the old
+system were notoriously not achieved, viz. _crippling the energies of
+the enemy_. It was in the circle of my political opponents considered
+that as member for Westminster I had no right to interfere with naval
+matters—_because I was a post-captain_!
+
+It is, nevertheless, a singular fact—and one which cannot be said of any
+other officer of my then standing as a post-captain—that from 1801 to
+1812,—on no occasion, not even for a single day was any vessel of
+war—save the one in which my pennant flew—once placed under my command,
+or once offered to me, with the single exception of the affair of Basque
+Roads, when I was for a few days appointed to organise and make use of a
+flotilla of explosion and fireships, the command of which _had been
+declined by several other officers to whom it had been proposed_, and
+then thrust on me contrary to my inclination.
+
+That one cause of my being thus passed over was my unceasing advocacy of
+the navy, admits of no doubt. It must be apparent that my motions
+relative to the Courts of Admiralty raised the enmity of all who
+profited by their abuses, and these were neither few nor
+uninfluential,—that my repeated invectives against sinecures and
+pensions arrayed against me all who benefited by them—whether personally
+or through their connections. It is, indeed, not too much to say, that
+those interested in sinecures and pensions comprised in those days a
+majority of the House of Commons, who stood up for their own interest at
+the national expense as for a right.
+
+My motion respecting the treatment of French prisoners, and especially
+my declaration of the probable motive for erecting the prison of
+Dartmoor in a dreary, desolate, and unhealthy position, such as ought
+not to have been selected for convicts, served to increase the
+ministerial anger. Nor was the evil abated. On a second visit to the
+place, I encountered a spectacle which made me ashamed of my country.
+
+The reader will remember the action between the _Pallas_ and _Minerve_
+in Basque Roads, as narrated in the first volume. My gallant adversary
+in that frigate was Captain Collett, who kept the deck after every one
+of his crew had been driven below by our fire, which, as the _Minerve_
+had taken the ground, swept her decks. My gallant opponent, however,
+kept the deck, or rather stood on a gun, with as much _sang-froid_ as
+though we had been firing a salute. On our becoming entangled with the
+_Minerve’s_ rigging, he raised his hat, with all the politeness of a
+Frenchman of the old school, and bowed to me, a compliment which I
+returned. Judge of my surprise, when refused admission into the prison
+at Dartmoor, and prowling about its out-offices, at finding my gallant
+enemy _located in the stall of a stable_, he having been recently made
+prisoner. I promised to use my best endeavour to get him removed, and on
+my arrival in London did so. I believe with effect, but to what other
+locality has passed from my memory.
+
+There is no necessity to enumerate other matters already familiar to the
+reader in order to show the estimation in which I must have been held by
+those who opposed what they considered innovations, though they must
+have been as well aware of the evils of a rotten system as myself.
+
+
+
+
+ CHAP. XXXVI.
+ MY MARRIAGE.
+
+ ROMANTIC CHARACTER OF MY MARRIAGE.—UNFORESEEN DIFFICULTIES.—FAMILY
+ RESULTS.
+
+
+The event recorded in this chapter is the most important and the
+happiest of my life, in its results,—the “silver lining” to the “cloud,”
+viz. my marriage with the Countess of Dundonald. It has been said by a
+Scottish writer that “the Cochranes have long been noted for an original
+and dashing turn of mind, which was sometimes called genius—sometimes
+eccentricity.” How far this may be true of my ancestors, I shall not
+stay to inquire. Laying no claim to the genius, I however dispute the
+eccentricity in my own case, notwithstanding that appearances, so far as
+relates to my past life, may be somewhat against me. Without a particle
+of romance in my composition, my life has been one of the most romantic
+on record, and the circumstances of my marriage are not the least so.
+
+Early in the year 1812, it was my good fortune to make the acquaintance
+of the orphan daughter of a family of honourable standing in the Midland
+Counties, Miss Katherine Corbett Barnes. In consequence of the loss of
+her parents, the lady had been placed during her minority under the
+guardianship of her first cousin, Mr. John Simpson of Portland Place and
+also of Fairlorn House, in the county of Kent, of which county he was
+then High Sheriff. The story is the old one. Shortly after my
+introduction to this lady I made proposals of marriage, and was
+accepted.
+
+But here an unexpected difficulty arose. I was at that time residing
+with my uncle, the Hon. Basil Cochrane, who had realised a large fortune
+in the East Indies. My attachment—though not my engagement—to my
+_fiancée_ had by some means reached him, and he at once attempted to
+divert my purpose by proposing to me a marriage with the only daughter
+of an Admiralty Court official who had realised a very large fortune by
+the practices which have already been made familiar to the reader.
+
+I cannot describe the repugnance which I felt even to the proposition,
+and pointed out to my uncle the impossibility of marrying the daughter
+of one of those persons whom I had so severely denounced; adding that
+not only would such a step be a deviation from those principles which
+ought to guide a well-regulated mind in the selection of a wife, but
+must be destructive of my public character, which would be so clearly
+sacrificed for money, that it would render me contemptible to my
+constituents, and would prevent my again meriting public confidence. His
+reply was brief and caustic. “Please yourself: nevertheless, my fortune
+and the money of the wife I have chosen for you, would go far towards
+reinstating future Earls of Dundonald in their ancient position as
+regards wealth.”
+
+This conversation was communicated to the lady to whom I was affianced,
+on whom I urged a consent to a secret marriage,—a proposition in which
+she refused to acquiesce. My uncle, however, continuing firm in his
+resolves, I at length prevailed upon her to overcome her repugnance, and
+we were, on the 8th of August 1812, married at Annan in Scotland.
+
+On my return my uncle again renewed the subject, and one morning, during
+our walk he informed me that he had made his will, leaving me one half
+his fortune. He, however declared, that compliance with his wish as to
+my marriage with the heiress of the Admiralty Court official was
+essential to its eventual confirmation. On arguing this, on the same
+grounds as before, he observed that some other person of wealth must be
+sought for, as his object was to retrieve the family fortune. Meanwhile
+he required my assurance that I would not marry without his sanction.
+Compliance with this was declined for the best of all reasons, that I
+was already married.
+
+The fact of our marriage was not long concealed, and I did not inherit a
+shilling of my uncle’s wealth, for which loss however, I had a rich
+equivalent in the acquisition of a wife whom no amount of wealth could
+have purchased. A yet more singular sequel has to be told. On the
+discovery of the marriage, my uncle, though then an old man, also
+married, and was easily made to believe that non-payment of a large sum
+due to him from Government, on account of some contracts undertaken
+before he quitted India, had been delayed on account of my parliamentary
+opposition to the Ministry. This may or may not have been the case, but
+it induced my uncle to request that our future association might be less
+frequent. An intimation followed by the still more questionable course
+of his requesting an interview with Lord Liverpool, for the purpose of
+informing his lordship of the step he had taken with regard to myself,
+and assuring him that he had never countenanced my conduct in
+Parliament. Singularly enough, my uncle’s demands upon the Government
+were soon afterwards settled.
+
+It was my wish here to have spoken of my wife’s devotedness to me amidst
+the many trying circumstances in which, I have been placed. They do not
+however, come within the scope of this volume, as regards their
+chronological order, I therefore postpone their narration.
+
+
+
+
+ CHAP. XXXVII.
+ NAVAL ABUSES.
+
+GREENWICH HOSPITAL.—DROITS OF ADMIRALTY.—PENSIONS.—MY EFFORTS
+ FRUITLESS.—CONTRADICTION OF MY FACTS.—THE MANCHESTER PETITION.—NAVAL
+ DEBATES.—RESOLUTIONS THEREON.—MR. CROKER’S REPLY.—REMARKS
+ THEREON.—SIR FRANCIS BURDETT.—MY REPLY TO MR. CROKER.—RESOLUTIONS
+ NEGATIVED WITHOUT A DIVISION.—SIR FRANCIS BURDETT’S MOTION.—MR.
+ CROKER’S EXPLANATION.—HIS ATTACK ON ME CONFIRMING MY ASSERTIONS.—THE
+ TRUTH EXPLAINED.—ANOTHER UNFOUNDED ACCUSATION.—OFFICIAL CLAPTRAP OF
+ HIS OWN INVENTION.—MY REPLY.—ITS CONFIRMATION BY NAVAL WRITERS.—LORD
+ COLLINGWOOD’s OPINION.—MY PROJECTS ADOPTED IN ALL IMPORTANT
+ POINTS.—OFFICIAL ADMISSIONS.—THE RESULT TO MYSELF.
+
+
+Soon after the commencement of the session of 1813, I made an attempt to
+direct the attention of Parliament to the administration of the funds of
+Greenwich Hospital, in the hope of restoring them to their legitimate
+purpose of rewards for wounds and long service in the navy. At this
+period their perversion had become notorious. In place of old retired
+seamen, not a few of the wards were occupied, and pensions enjoyed, by
+men who had never been in the navy at all, but were thus provided for,
+to the exclusion of worn-out sailors, by the influence of patrons upon
+whose political interest they had a claim.
+
+As the only way to arrive at the full extent of the evil, in the absence
+of definite knowledge as to the specific documents required, I moved in
+the House of Commons, on the 11th of March 1813, for _all papers_
+relative to the chest at Greenwich.
+
+The motion was met by a suggestion from the Speaker—that “if those
+papers _had been_ laid on the table during the present session there
+would be no difficulty in granting them, but that if not, I must
+_specify_ the particular papers required.” This, of course, I was unable
+to do, but gave my reason for the motion as follows.
+
+ “LORD COCHRANE then proceeded to express his wish that the state of
+ the funds in Greenwich Hospital should be known, in order to ascertain
+ whether they were sufficient to make provision for that great body of
+ seamen and petty officers who would be entitled to be placed on the
+ establishment at the conclusion of the present war. The House, he was
+ satisfied, could have no objection to this information being laid
+ before them. One of his reasons for moving for it now was, the fact of
+ his having learned that it was in contemplation to devote the Droits
+ of the Admiralty to the current services of the year. The noble lord
+ concluded by moving, ‘That there be laid before this House an account
+ showing the revenues of Greenwich Hospital and the sources whence they
+ are derived, also the disbursements for management and the number of
+ pensioners in each class; distinguishing those maintained within the
+ hospital from the out-pensioners; also an account of the number
+ admitted in each year since 1800, and the amount of the pensioners at
+ that time maintained within and without the hospital.’
+
+ “LORD A. HAMILTON seconded the motion.
+
+ “THE CHANCELLOR OF THE EXCHEQUER said it was perfectly new to him that
+ there was any intention to devote the Droits of Admiralty in the
+ manner stated by the noble lord. He knew of no right which existed in
+ His Majesty’s Government to make such an application of those Droits,
+ and if they were so applied, it must be considered entirely as arising
+ from an act of royal bounty. The noble lord had adduced no reasonable
+ ground for the production of the papers for which he had moved.
+ Whether they were of an objectionable description or not he was unable
+ to judge; but he could not see why the table of the House was to be
+ crowded with useless and unnecessary documents. He should, therefore,
+ move the previous question.”
+
+It was true that my having heard of the intention of the Government with
+relation to the Droits of Admiralty might not be a parliamentary ground
+for their production, but it was a ground for asking the question. Had
+I, however, stated my real motives, the only effect would have been
+prompt denial of the fact by all interested in the continuance of the
+abuse, which could only be proved by the papers themselves. I therefore
+endeavoured to procure them on other grounds.
+
+ “LORD COCHRANE persisted in the propriety of the House having before
+ them the information for which he had moved. There never was a period
+ at which it was more desirable that some steps should be adopted to
+ ameliorate the situation of His Majesty’s navy. Those brave men of
+ which it was composed were subject to the most heartrending
+ oppressions; and, in his opinion, had every cause to complain of their
+ situations. After having been released from the labours of a long and
+ arduous service, they were not, as they richly deserved, suffered to
+ return to the bosoms of their families, but were kept almost to the
+ last hour of their existence in a constant and unremitting state of
+ servitude, unless where they determined to sacrifice that reward which
+ their country had provided for them as a consolation for the buffeting
+ they had undergone to purchase their discharge.
+
+ “This had frequently been the case; and he had received constant
+ applications complaining of this species of hardship. Two men had
+ lately applied to him, who, after a service of seventeen years and a
+ half, as petty officers, had been sent to perform that most scandalous
+ of all duties—harbour duty; where there was no distinction whatever
+ between petty officers and private men; and, who, rather than submit
+ to be longer disgraced, had expended 80_l._ or 90_l._ each, to obtain
+ their discharge. These men were entitled to pensions of 12_l._ or
+ 14_l._, a year; and he was convinced that there was not an insurance
+ office in town that would not have given, at their age, for the sums
+ they had paid for their discharge, annuities equal to their pensions.
+ Instead of Greenwich being a source of advantage and reward to aged
+ seamen it was made a means of recruiting for the navy.
+
+ “Unless some alteration was made in this system he should feel it his
+ duty to move for leave to bring in a bill to limit the service of the
+ navy. The House, he was convinced, would see the necessity of pointing
+ out some term at which a seaman’s service was to be brought to a
+ conclusion, and at which he might have some hope of resting his frame,
+ after an arduous and gallant service, in the lap of domestic happiness
+ and retirement. In consequence of the present arrangements, men were
+ employed who were absolutely incapable of performing their duty, and
+ in his own ship he had found men who, if he had the power, he would
+ much rather have discharged than have suffered to remain on board. In
+ other instances he knew men, who had been invalided three times and
+ sent into harbour duty, volunteer into active service three times, in
+ order to avoid that disgrace, and finally die amidst the roar of
+ battle, when their tottering limbs were scarce able to support them to
+ their quarters.
+
+ “MR. ROSE could not see that any grounds whatever had been laid for
+ the noble lord’s motion. The statement into which he had entered
+ tended to censure the practice that at present existed with respect to
+ the discharge of seamen. He recollected that this subject had been
+ before under discussion in the House, and that it was then stated that
+ the present practice had been introduced in order to exempt the men
+ from the necessity of finding two substitutes, under which they before
+ laboured. This question, however, had no connection with the motion,
+ which referred entirely to the management of Greenwich Hospital. He
+ believed that the affairs of that department were as well and
+ regularly conducted as any other branch of the public service.
+
+ “LORD A. HAMILTON said he understood the noble lord complained of the
+ present system by which the allowance received by seamen from
+ Greenwich Hospital was rendered useless to them, in consequence of the
+ large sums which they were compelled to pay for their release.
+
+ “MR. WYNN confessed he could see no connection between the matter of
+ the speech and the motion itself of the noble lord. As the case,
+ however, to which he had called the attention of the House, was
+ undoubtedly hard, it was very desirable that information should be
+ communicated in some mode.
+
+ “The previous question was then put and carried, when LORD COCHRANE
+ immediately gave notice that he would, that day month, move for leave
+ to bring in a bill to limit the service of the navy.”
+
+There was not, in fact, much apparent connection between my speech and
+the motion, because the Speaker had prohibited me from making the motion
+in such a way as would establish the connection. Nevertheless, that both
+the House and the Ministry well understood my aim, was evident from the
+fact, that the Secretary of the Treasury was sufficiently alarmed by the
+attempt which had been made, to induce him to come down to the House
+_after I had quitted it_, and at the last moment of its sitting, in
+order to defend the Admiralty from the effects of a motion which had
+been refused!
+
+ “MR. CROKER, before the House adjourned, rose to make a few
+ observations upon what had fallen from the noble lord in the early
+ part of the evening, when he did not happen to be present. If,
+ however, he had correctly understood what had fallen from that noble
+ lord, he begged leave to say, that the noble lord had been wholly
+ misinformed with respect to the sums of money taken instead of
+ substitutes for the navy. The fact was, that the grossest frauds
+ having been practised upon the poor men under pretence of providing
+ substitutes for them, the Admiralty had come to the resolution of
+ receiving a certain sum of money from them, and to find substitutes.”
+
+Notwithstanding the want of connection, Mr. Croker perfectly understood
+the point to which I was coming in the end, and hence his taking the
+course of flatly contradicting the premises after I had quitted the
+House. My early connection with this gentleman has been stated in the
+first volume[83], as well as the fact, that believing in his sincerity
+as an ardent opponent of administrative abuses of all kinds, I had,
+during our acquaintance, without reserve, and in the belief that I had
+an able coadjutor, unbosomed to him my views with regard to the abuses
+of naval administration. Now that he was in an official position which
+required him to defend _all abuses_, and considering that I stood almost
+alone in exposing them, he was in possession _of all my plans of
+action_! There can, however, be no better proof of the soundness of my
+views, than the fact, that although he had previously been made well
+aware of my line of argument, he never attempted to meet me by argument,
+but always by _flat contradiction of my facts_. We shall presently come
+to some remarkable instances of this nature.
+
+-----
+
+Footnote 83:
+
+ Page 209.
+
+-----
+
+On the 2nd of June I presented to the House a petition from the
+inhabitants of Manchester, a petition complaining of ill usage, false
+imprisonment, and malicious prosecution, whilst peaceably assembled to
+petition Parliament for a reform. It is unnecessary to advert to these
+allegations, as they are now an historical record, but that the people
+of Manchester should have selected me as the exponent of their
+grievances, only added to the ministerial aversion with which I was
+regarded.
+
+On this occasion, an attempt was made by Mr. Bathurst to procure the
+rejection of the petition, on the ground that the petitioners, if
+aggrieved, “_could seek redress in a court of law, but that the House
+could not afford them relief_!” There was something so heartless in such
+an attempt that it called up some members by no means hearty in the
+popular cause.
+
+ “MR. WHITBREAD supported the motion, contending that to men in the
+ circumstances of the petitioners (some of them being now prisoners for
+ debt), it was a mere mockery and taunt to tell them that the courts of
+ law were open to them, where they might bring actions for malicious
+ prosecutions. It reminded him of a saying of the late Mr. Horne Tooke,
+ who, on being told that the courts were open to all classes, replied,
+ “Yes, and so is the London Tavern, if you have money enough.” As the
+ petition was couched in respectful terms, he thought it would be
+ setting a bad precedent to reject it; it was usual, even though
+ Parliament could not interfere, to see the magistrates did not exceed
+ the bounds of their jurisdiction.
+
+ “MR. WYNN observed that the House had been at all times peculiarly
+ jealous that no obstructions should be given to the exercise of the
+ right of petitioning; and as the present complaint related to an
+ alleged obstruction of that nature, it ought to be received.
+
+ “The petition was ordered to lie on the table.”
+
+The circumstances which brought upon me the subsequent vengeance of the
+Admiralty will be found in two debates which took place in the House of
+Commons shortly before its prorogation—the one on the 5th, and the other
+on the 8th of July 1813.
+
+As the subject matter of these debates possesses great naval interest,
+and as the causes which led to them are not wholly inoperative in our
+day, I shall adduce them at some length, not so much for my own
+vindication, as in the light of history teaching by example.
+
+The subject matter of the debates being sufficiently included in the
+reports of the time, very little comment will suffice.
+
+ “LORD COCHRANE rose, pursuant to notice, to bring forward his motion
+ for increasing the remuneration and limiting the service of seamen. He
+ thought it was his duty to lay before the House the reasons why our
+ seamen preferred the _merchant foreign service_[84] to that of their
+ own country, to enter which they discovered a very great reluctance.
+
+ “The facts by which he meant to prove this he had compressed into one
+ resolution; as he was anxious that when the members of that House
+ retired from their Parliamentary duties, they might consider these
+ facts at their leisure, and satisfy themselves as to the correctness
+ of the statement, in order that when they met again they might have no
+ hesitation in adopting such propositions, the object of which would be
+ the redress of those grievances which were the subject of it. As he
+ did not conceive that any objection could be made to the mode of
+ proceeding he had adopted, he would not occupy the time of the House
+ any longer than by reading the resolution. The noble lord then read
+ the following resolution:—
+
+ “‘That the honour of His Majesty’s Crown, the glory and safety of the
+ country, do, in a great degree, depend on the maintenance, especially
+ in time of war, _of an efficient naval establishment_:
+
+ “‘That during the late and present war with France, splendid victories
+ have been gained by His Majesty’s fleets and vessels of war, over a
+ vast superiority in the number of guns and men, and in the weight of
+ metal:
+
+ “‘That these victories thus obtained were acquired by the skill and
+ intrepidity of the officers, and by the energy, zeal, and valour of
+ the crews:
+
+ “‘That during the present war with the United States of America, His
+ Majesty’s naval service has, in several instances, experienced defeat,
+ in a manner and to a degree unexpected by this House, by the
+ Admiralty, and by the country at large:
+
+ “‘That the cause of this lamentable effect is not any superiority
+ possessed by the enemy, either in skill, valour, nor the well-known
+ difference in the weight of metal, which heretofore has been deemed
+ unimportant; but arises chiefly from the decay and heartless state of
+ the crews of His Majesty’s ships of war compared with their former
+ energy and zeal; and compared, on the other hand, with the freshness
+ and vigour of the crews of the enemy:
+
+ “‘That it is an indisputable fact, that long and unlimited confinement
+ to a ship, as well as to any other particular spot, and especially
+ when accompanied with the diet necessarily that of ships of war, and a
+ deprivation of the usual recreations of men, seldom fails to produce a
+ rapid decay of the physical powers, the natural parent, in such cases,
+ of despondency of mind:
+
+ “‘That the late and present war against France (including a short
+ interval of peace, in which the navy was not paid off) have lasted
+ upwards of twenty years, and that a new naval war has recently
+ commenced:
+
+ “‘That the duration of the term of service in His Majesty’s navy is
+ absolutely without any limitation, and that there is no mode provided
+ for by law for the fair and impartial discharging of men therefrom;
+ and that, according to the present practice decay, disease, incurable
+ wounds, or death, can alone procure the release of any seaman of
+ whatever age or whatever length of service:
+
+ “‘That seamen who have become wholly unfit for active service are, in
+ place of being discharged and rewarded according to their merits and
+ their sufferings, transferred to ships on harbour duty, where they are
+ placed under officers wholly unacquainted with their character and
+ former conduct, who have no other means to estimate them but on the
+ scale of their remaining activity and bodily strength; where there is
+ no distinction made between the former petty officer and common
+ seamen, between youth and age, and where those worn-out and wounded
+ seamen who have spent the best part of their lives, or have lost their
+ health in the service of their country, have to perform a duty more
+ laborious than that of the convict felons in the dockyards—and with
+ this remarkable distinction, that the labours of the latter have a
+ known termination:
+
+ “‘That though the seamen thus transferred and thus employed have all
+ been invalided, they are permitted to re-enter ships of war on actual
+ service; and that such is the nature of the harbour duty, that many,
+ in order to escape from it, do so re-enter—there being no limitation
+ as to the number of times of their being invalided, or that of their
+ re-entering:
+
+ “‘That to obtain a discharge from the navy by purchase, the sum of
+ 80_l._ sterling is required by the Admiralty, which, together with
+ other expenses, amounts to twenty times the original bounty, and is
+ equal to all that a seaman can save with the most rigid economy during
+ the average period in which he is capable of service; that this sum is
+ demanded alike from men of all ages and of all lengths of
+ servitude—from those pensioned for wounds, and also from those
+ invalided for harbour duty; thus converting the funds of Greenwich,
+ and the reward of former services, into a means of recruiting the
+ navy:
+
+ “‘That such is the horror which seamen have of this useless
+ prolongation of their captivity, that those who are able, in order to
+ escape from it, actually return into the hands of Government all those
+ fruits of their toil which formerly they looked to as the means of
+ some little comfort in their old age:
+
+ “‘That, besides these capital grievances—tending to perpetuate the
+ impress service, there are others worthy the serious attention of this
+ House; that the petty officers and seamen on board of His Majesty’s
+ ships and vessels of war though absent on foreign stations for many
+ years, receive no wages until their return home, and are, of course,
+ deprived of the comforts which those wages, paid at short intervals,
+ would procure them; that this is now very severely felt, owing to the
+ recent practice of postponing declarations of war until long after the
+ war has been actually begun, by which means the navy is deprived,
+ under the name of Droits, of the first fruits and greatest proportions
+ of the prize-money to which they have heretofore been entitled; and
+ thus, and by the exactions of the Courts of Admiralty, the proportion
+ of captures which at last devolves to the navy is much too small to
+ produce those effects which formerly were so beneficial to the
+ country:
+
+ “‘That while their wages are withheld from them abroad, when paid at
+ home, which, to prevent desertion, usually takes place on the day
+ before they sail out again, having no opportunity to go on shore, they
+ are compelled to buy slops of Jews on board, or to receive them from
+ Government at fifteen per cent. higher than their acknowledged value;
+ and being paid in bank-notes they are naturally induced to exchange
+ them for money current in other countries, and which, it is notorious,
+ they do at an enormous loss:
+
+ “‘That the recovery of the pay and prize-money by the widows,
+ children, or relatives of seamen is rendered as difficult as possible;
+ and, finally, the regulations with regard to passing of the
+ examination requisite previous to an admission to the benefits of
+ Greenwich Hospital, subject the disabled seaman to so many
+ difficulties, and to such long delays, that, in numerous cases, he is
+ compelled to beg his way in the pursuit of a boon, the amount of
+ which, even in the event of loss of both eyes or both arms, does not
+ equal that of the common board-wages of a footman:
+
+ “‘That one of the best and strongest motives to meritorious conduct in
+ military and naval men is the prospect of promotion; while such
+ promotion is, at the same time, free of additional expense to the
+ nation; but that in the British naval service this powerful and
+ honourable incitement has ceased to exist, seeing that the means of
+ rewarding merit has been almost wholly withdrawn from naval
+ commanders-in-chief under whose inspection services are performed; in
+ fact it is a matter of perfect notoriety that it has become next to
+ impossible for a meritorious subordinate petty officer or seaman to
+ rise to the rank of lieutenant; that in scarcely any instance
+ promotion or employment is now to be obtained in the navy through any
+ other means than what is called parliamentary interest, that is to
+ say,—the corrupt influence of boroughs:
+
+ “‘That owing to these causes chiefly the crews of his Majesty’s ships
+ of war have in general become in a very considerable degree worn out
+ and disheartened and inadequate to the performance, with their wonted
+ energy and effect, of those arduous duties which belong to the naval
+ service; and that hence has arisen, by slow and imperceptible degrees,
+ the enormous augmentation of our ships and men, while the naval force
+ of our enemies is actually much less than in former years:
+
+ “‘That, as a remedy for this alarming national evil, it is absolutely
+ necessary that the grievances of the navy, some of which only have
+ been recited above, should be redressed; that a limitation of the
+ duration of service should be adopted, accompanied with the certainty
+ of a suitable reward, not subject to any of the effects of partiality;
+ and that measures should be taken to cause the comfortable situations
+ in the ordinary of the dockyards, the places of porters, messengers,
+ &c. &c., in and about the offices belonging to the sea service, the
+ under-wardens of the naval forests, &c., to be bestowed on meritorious
+ decayed petty officers and seamen, instead of being, as they now
+ generally are, the wages of corruption in borough elections:
+
+ “‘That this House, convinced that a decrease of energy of character
+ cannot be compensated by an augmentation of the number of ships, guns,
+ and men, which is, at the same time a grievous pecuniary burden to the
+ country, will, at an early period next session, institute an inquiry,
+ by special committee or otherwise, into the matters above stated, and
+ particularly with a view to dispensing suitable rewards to seamen;
+ that they will investigate the state of the fund of Greenwich
+ Hospital, and ascertain whether it is necessary to apply the Droits of
+ the Admiralty and the Droits of the Crown as the natural first means
+ of compensation to those who have acquired them by their valour, their
+ privations, and their sufferings.’”
+
+ “SIR FRANCIS BURDETT seconded the resolution.”
+
+ “MR. CROKER thought that, when the noble lord had adopted his present
+ method of proceeding, he would have acted only consistent with the
+ courtesy of Parliament had he _given notice_[85] of his intention to
+ those persons whose duty it might be to take part in any discussion.
+ The honourable member said he would have felt obliged by any
+ information the noble lord might have imparted; but though wanting
+ such, he had come unprepared into the House to meet the noble lord’s
+ resolution. He should be wanting in his duty if he did not state most
+ positively, that, excepting the tribute of just praise, which, in the
+ commencement of his resolution, the noble lord had paid to the
+ gallantry and heroism of our own seamen, _every other part of it was
+ liable to the charge of being wholly unfounded in fact_, or very much
+ indeed exaggerated. The statements those resolutions contained were so
+ astonishing—true it was _less astonishing when coming from the noble
+ lord than from any other person_—but still even from him they were so
+ astonishing, that surely they ought not to have been so suddenly, and
+ with so little preparation, brought under the consideration of that
+ House. There was no one but the noble lord who conceived that the
+ disasters which we had experienced in the course of the present war
+ with the United States were not to be attributed to a superior force
+ on the part of the enemy, but to a decay of all ardour in our seamen
+ in the defence of their country. Was the crew of the _Java_ then, who
+ had maintained so stubborn a conquest, dispirited? Was the crew of the
+ _Macedonian_ disheartened and reduced by hard-usage to imbecility and
+ cowardice? So far was that from being the fact, that it was in the
+ latter part of the action the spirit of the crew of the _Macedonian_
+ was most conspicuous, that the spirit of her officers and her brave
+ commander was most conspicuous. So little broken was the spirit of
+ that crew which the noble lord had described as utterly heartless and
+ imbecile, that till the very last they met the attacks of the enemy
+ with loud and repeated cheers.
+
+ “Now for another fact on which the noble lord had formed his
+ resolution. He had stated that seamen were obliged to purchase their
+ discharge by no less a sum than 80_l._, no matter what was the
+ condition of the individual. Now he had to state most positively that
+ this was not the case.[86] The sum specified might, indeed, be
+ _required from able seamen_ who wished for their discharge; but the
+ sum of 40_l._ only was required from ordinary seamen; from ordinary
+ seamen transferred to harbour duty, only 30_l._; from persons who were
+ originally landsmen, not more than 20_l._ And he had to state further
+ that many persons transferred to harbour duty, and considered unfit
+ for service, were discharged without any consideration whatsoever. The
+ noble lord had stated formerly in the House the case of a harbour duty
+ man who had been obliged to pay 80_l._ for his discharge.
+
+ “When the noble lord had thought proper to make that statement, he had
+ answered in his place that he could not take upon him to vouch for the
+ individual case. He had, however, subsequently been at considerable
+ pains to discover the particular case alluded to by the noble lord,
+ and had examined every document in which he thought it could be
+ traced—but in vain—he could find nothing of the kind; he had then
+ applied to the member for Bedford to procure for him the name of the
+ man from the noble lord, but this had not been done, and he had never
+ had the pleasure of seeing the noble lord since. Now he thought that
+ under such circumstances the noble lord should have abstained from
+ receiving the statement unless he was disposed to give the name of the
+ individual, and thus supply the means of confuting it.
+
+ “Our seamen, said the noble lord, were heart-broken; they would indeed
+ be heart-broken had they heard his resolutions; that was provided
+ always, though, he retained so much authority with them, as would
+ impart to his unjust assertions, with respect to them, the power of
+ inflicting pain which they would once unquestionably have possessed.
+ They would be heart-broken if the House passed a resolution which
+ constituted the grossest libel that was ever put forth against them.
+ Formerly, said the noble lord, they were full of vigour and life under
+ a better system; now they were deprived of every comfort, penned up on
+ board of ships which were rendered prisons to them, and their health
+ injured by defective sustenance.
+
+ “Now he had to state an improvement in the condition of those men
+ whose hardships the noble lord had deplored, which would enable them
+ to form fair conjectures as to the justice of his statement in
+ general. A practice had been adopted within these few years of
+ granting seamen leave of absence on a plan more liberal and better
+ adapted to promote their comfort than any that had been previously
+ thought of. When a ship returned from a foreign station, all the men
+ who had three years pay due to them got leave of absence for three
+ months, for the purpose of enabling them to visit their friends; if
+ the individuals were Scotch or Irish the time was prolonged. This
+ practice was now so well understood, that every ship’s company looked
+ upon it as a matter of right, and he was ready to say that though ill
+ effects had been expected to result from it, the expectation had been
+ found delusive. Several officers had anticipated desertion, others a
+ relaxation of discipline; but, he was happy to have to state, that so
+ far from their expectations being answered, the men returned to their
+ duty with their minds refreshed—new strung, and better fitted for the
+ toils imposed on them by their duty; and much fewer desertions took
+ place since the adoption of such a system of indulgence than before
+ it. He stated this to show what a tissue of false promises, as well as
+ false inferences, were contained in the resolution of the noble lord.
+
+ “The noble lord’s resolution asserted that there was no fair system of
+ promotion in the navy; that everything was conducted upon a principle
+ of corruption. Was, then, the commission of the noble lord himself
+ given him upon such a principle? Did he obtain the red ribbon, which
+ was before him never given to an individual of his rank, through
+ corruption? Was it through corruption that a relative of the noble
+ lord’s had made his way to the top of his profession, and had been
+ appointed governor of Guadaloupe? Was it through corruption that the
+ influence of the noble lord had had considerable weight in effecting
+ the promotion of those persons on whose behalf he had used it? He was
+ aware that an answer to this last question in the affirmative might be
+ grounded upon the assumption that the naval acquaintance of the noble
+ lord were persons of little worth, and such as could owe their
+ promotion to nothing but corruption. But he who well knew the reverse
+ would not allow him even this miserable refuge. Was the promotion of
+ Captain Duncan the effect of corruption? Were the honours which that
+ gallant officer’s father had obtained the result of corruption? The
+ friends of the noble lord had felt the benefit of his interference,
+ and much was it to be wished that it had been confined to promote
+ their wishes, and through them the interest of the country, and had
+ never been mischievously exercised on such occasions as the present.
+ Did not the noble lord recollect, when he had left his ship, that he
+ had been consulted as to who was the fittest to succeed him, and that
+ his recommendation had been acted upon?[87] If indeed he had never
+ left that ship it would have been well for his own reputation, as it
+ would have been well for the interests of his country. Most heartily
+ did he wish the noble lord had stayed in her to be serviceable to the
+ public instead of coming here to be the reverse. The noble lord loved
+ to deal in generals. He talked loud about corruption, but he wished
+ him to state who paid and who received the wages of corruption.
+
+ “He was conscious that he had spoken with much heat, and hoped for the
+ indulgence of the House; but he could not say that he had not meant to
+ reprehend, and that with as much severity as he could use, the conduct
+ of the noble lord; that he did not mean to set in as strong a light as
+ possible the futility of those labours for six months’ duration, which
+ had so engrossed the noble lord, that he had been unable to attend his
+ parliamentary duties; and which he now imagined would enable him to
+ call out in triumph to his constituents, ‘Behold, if I have appeared
+ to desert my duty, I have only appeared to do so; I have not spent my
+ time in idleness. Here are the fruits of my industry; here is the
+ operose conclusion of my labours, and the debt you, my constituents,
+ suppose me to have contracted, you now find fully liquidated.’
+
+ “Now, I beg the House to recollect that these accusations of the noble
+ lord have not been couched in fleeting and evanescent speech, but have
+ been regularly arranged in a written document, which it is the wish of
+ the noble lord should be studied by every member in the leisure which
+ the cessation of parliamentary duty will allow him. The noble lord, I
+ contend, has taken a very unfair method of conveying his opinion; he
+ would have acted more fairly in making them the subject of a pamphlet.
+ If he had done so, I certainly have not much time for writing, but out
+ of respect for the noble lord, I should certainly have answered him,
+ and I should have been glad of the opportunity of answering him when I
+ could have used freely those terms which he had deserved should be
+ applied to him. I must express my sanguine hope that the house will
+ not, by adopting such motions as those moved by the noble lord,
+ sanction the gross libel which they contain against the navy, against
+ parliament, and against the country. I wish to lay aside all little
+ considerations to suppose that the resolutions are not meant to apply
+ more to the persons now engaged in the management of our naval affairs
+ than their predecessors; but if it be otherwise, still I wish to sink
+ any feeling that might be supposed to arise in my mind in consequence,
+ and to answer the noble lord only as the defender of that gallant body
+ of men who have stood so long forward as our firmest bulwark against
+ the vileness of our foe, and who are well entitled to the warmest
+ feeling of gratitude we can cherish towards them. I hope, therefore,
+ that if the noble lord does dare to push the House to a division, that
+ he will be left in a minority such as will not merely mark their
+ sense, but also their indignation.”
+
+-----
+
+Footnote 84:
+
+ The American merchant service.
+
+Footnote 85:
+
+ I had given notice.
+
+Footnote 86:
+
+ The truth of the matter will appear in the second debate.
+
+Footnote 87:
+
+ For a refutation of this see chap. vii.
+
+-----
+
+The reader will not fail to observe the way in which the resolution was
+met by the Secretary of the Admiralty, Mr. Croker. In defiance of the
+fact that the notice required by the regulations of the House _had_ been
+given, Mr. Croker openly accused me of discourtesy for _not having given
+proper notice_! He then stated that he was “_unprepared_” to meet the
+resolution; whilst his next words in the same sentence were, that the
+facts set forth in the resolutions were _positive falsehoods, “wholly
+unfounded in fact!”_ This being the mode in which Mr. Croker now chose
+to meet all unpleasant resolutions relating to the navy when originating
+with myself, well knowing that _they could neither be contradicted nor
+controverted_!
+
+In order to show the efficiency of our navy, Mr. Croker then instanced
+two of our ships, the _Java_ and the _Macedonian_, both of which were in
+a high state of discipline; but he did not notice the fact of one of
+those which had been defeated by the enemy from the inefficient state of
+their crews and the inadequacy of their equipment, to both which facts
+numbers of officers now living can testify. I do not know whether I am
+justified in bringing forward an anecdote which I have heard from Sir
+Charles Napier, who had the misfortune to command one of these miserable
+craft; viz. that expecting shortly to engage a United States frigate
+which bore down upon him, he sat down and wrote a letter to the
+Admiralty in case of his capture or death, informing their lordships
+that his frigate had been lost from inefficiency of her crew and
+equipment, when, to his surprise, the American sheered off, and he was
+in no condition to follow. I have no doubt the gallant admiral will
+repeat the anecdote to any one whom it may interest.
+
+Mr. Croker stated, that so far from the Admiralty demanding 80_l._ for
+the discharge of a seaman, they only demanded 40_l._, and sometimes not
+more than 20_l._ In the course of the debates it will be shown that in
+some cases the seamen in reality paid 90_l._ The man who made the former
+statements should not have asserted that mine were _false_. Even the
+stale trick of “virtuous indignation,” the invariable resort of a
+practised orator when he has nothing better to say, was here out of
+place, otherwise than to indicate to the partisans of the Government the
+course to be pursued.
+
+Further, Mr. Croker himself admitted the bad condition of the navy by
+saying, now that it suited his purpose, “_he had to state an improvement
+in the condition of the men_.” The instances which he adduced in proof
+were unfounded in fact or practice, so that my only way to meet Mr.
+Croker’s assertions was of necessity to imitate his example when
+commenting on mine, viz. to deny them _in toto_.
+
+Mr. Croker’s allusion to my own career as an instance of promotion apart
+from political corruption, was amusing; the inference being that nothing
+but actual deeds could possibly command promotion! His adducing the case
+of promotion by the exercise of my influence, was pure invention, the
+rule of the Admiralty being that _no man, whatever his deserts, should
+be promoted on my recommendation_. In the first volume I gave the
+instances of Lieut. Parker, my first lieutenant in the _Speedy_, and
+Lieut. Haswell in the _Pallas_[88], for neither of whom could I obtain
+promotion till, from my presence in the House of Commons, it was no
+longer deemed politic to withhold it. Even then, in the case of poor
+Parker, a mock promotion was given which proved his ruin and that of his
+family, who were afterwards plunged in the lowest depths of poverty.
+
+-----
+
+Footnote 88:
+
+ See vol. i. p. 150.
+
+-----
+
+Claptrap of this nature was considered a sufficient reply to my
+resolutions, which embraced the whole subject of the abuses of naval
+administration. The object was to mislead the House, ignorant as it was
+of facts, and to throw doubt on my statements, though these had been
+carefully based on the clearest evidence.
+
+The oratorical display of Mr. Croker was met by my excellent colleague
+Sir Francis Burdett. As no opportunity has occurred in the course of
+this work whereby the reader may judge of the comprehensive nature of
+his parliamentary efforts over any to which I could make pretension, I
+will adduce the speech of the honourable baronet on this occasion.
+
+ “SIR FRANCIS BURDETT said that the honourable secretary had indulged
+ in a warmth and severity of animadversion which the occasion by no
+ means justified. His noble friend had asserted much, and the
+ honourable gentleman had _denied_ much, and that on a very important
+ subject; _but it remained to be seen who was in error_. He was willing
+ to admit that the late period of the session rendered the motion
+ inexpedient; but he conceived that if his noble friend was induced to
+ withdraw it, he would feel himself in duty bound to bring it forward
+ at an early period of the ensuing session, when, of course, the
+ present strong objections to it would be removed.
+
+ “The honourable member had taxed his noble friend with exaggeration,
+ but it was impossible to conceive anything more exaggerated _than the
+ whole of the honourable gentleman’s speech_. He had stated his noble
+ friend to have described our seamen as having wholly lost the energy
+ and valour which had once distinguished them. Now, his noble friend
+ had never so described them. He had stated that their spirits were
+ _depressed_ by long confinement and various other hardships, but he
+ had never stated that their hearts were subdued, or that when brought
+ into action they did not forget everything, but that they had their
+ own character and the character of their country to support.
+
+ “The honourable baronet then proceeded to contend that as it was not
+ denied that in some cases the sum of 80_l._ was taken for the
+ discharge of a seaman, his noble friend’s assertion on that head _had
+ not been refuted_, and went on to remark on the impropriety of the
+ harbour-duty men being mixed with convicts (“No, no,” from the
+ Treasury benches). He knew nothing of the matter, and therefore would
+ support the inquiry, because the facts stated were of the last
+ importance, and it ought to be generally known whether they were
+ correct or incorrect. He hoped his noble friend would not withdraw his
+ resolutions without giving notice that he would bring them again under
+ the consideration of the House at an early period of next session.”
+
+ “LORD COCHRANE replied. He said he was not displeased at the warmth
+ with which his proposition had been met. It certainly would be
+ injurious to no one except to the feelings of certain members of that
+ House. The honourable secretary had met his statements with individual
+ instances of gallantry. The existence of these he had not denied. But
+ he asserted that the physical power of our seamen was decreasing
+ partly from the length of the war and partly from the system of
+ harbour-duty established in 1803, from which service decayed seamen
+ re-entered the navy. He had heard that the system was about to be
+ changed; and he should be happy to learn from the honourable secretary
+ that such was the fact.
+
+ “The honourable secretary had challenged him to show him an instance
+ of a petty officer having purchased his discharge from such service.
+ He would name a William Ford, who had served with him in the
+ _Impérieuse_, who had done so, Nelson, his coxswain, and a person of
+ the name of Farley, who had been returned to him and died on board
+ completely worn out in the service. These were facts which he was
+ prepared to prove at the bar, as he was all those which had been
+ denied with so much warmth by the honourable secretary.
+
+ “To show further that the crews of British ships of war were unequal
+ to themselves heretofore, he would relate what was the opinion of a
+ person not at all likely to be disaffected to the order of things—he
+ was the son of a bishop, who had taken an American privateer, the crew
+ of which consisted of only 130 men; and he had declared publicly, that
+ _he would rather have them than the whole of his own crew, consisting
+ of 240_. If the honourable secretary doubted this fact, he might
+ inquire, and he would easily verify it. The noble lord had heard that
+ the sailors taken prisoners by the Americans had been found running
+ away into the back settlements; that forty of them had been brought
+ back by force, and that from the manifestations of this propensity the
+ exchange of prisoners had been broken off.
+
+ “The lateness of the period at which he had brought forward his
+ resolution had been complained of. He did intend to bring in a bill to
+ limit the term of service, but circumstances had prevented him; but he
+ would carry his intention into effect in the next session. With
+ respect to parliamentary influence, the honourable secretary had asked
+ whether _he had found it of service to himself in his profession_? He
+ certainly had not, because _he had never prostituted his vote for that
+ purpose; but he knew others who had found that influence of great
+ avail_!! When he again brought forward the subject he should prove all
+ the facts he had adduced, and he hoped so much ignorance of important
+ facts would not then be found to prevail. He had chosen the present
+ form of his motion in order to put his statements on record in a way
+ not susceptible of misrepresentation.”
+
+ “MR. CROKER replied that the Government had at all times been very
+ watchful over the harbour-duty, but that it had not taken _any new
+ steps_[89] since the suggestions of the noble lord. He had never heard
+ of any disposition in the seamen, taken by the Americans, to run away
+ to the back settlements; nor of forty men being brought back by force.
+ The exchange of prisoners was broken off in consequence of some wrong
+ done to the British seamen, and not in consequence of any fault of
+ theirs.”
+
+ The resolution was then negatived without a division.
+
+-----
+
+Footnote 89:
+
+ He had just said there was a great improvement in the condition of the
+ seamen.
+
+-----
+
+Astonished at the result of the debate, which, by negativing my
+resolutions without a division, amounted to a decision of the House that
+the naval administration of the country required neither amendment nor
+even investigation, and that the platitudes of the Secretary of the
+Admiralty formed a sufficient answer to the subjects sought to be
+inquired into, it was determined by the few independent members of the
+House that the subject should be renewed during the present session,
+notwithstanding that the prorogation of Parliament was at hand.
+
+Accordingly, Sir Francis Burdett gave notice of a motion respecting
+seamen’s wages and prize money, this being the form in which the renewed
+debate, on the 8th of July, took place.
+
+ “SIR FRANCIS BURDETT called the attention of the House to the motion,
+ of which he had yesterday given notice, respecting the difficulties
+ which presented themselves to the obtaining by the relatives of
+ deceased seamen and marines the proper information and the means of
+ recovering the wages and prize-money due to them on the ships’ books.
+ The bonds required of the clerks in the navy pay office, to prevent
+ them from giving the necessary information, which might be applied
+ for, were, in his opinion, more calculated to produce fraud and
+ mischief than to be of any real utility. They would, in fact, be
+ subject to become the instruments of collusion between the persons in
+ possession of the means and information, and persons desirous of
+ converting those means to their own fraudulent views and emolument.
+
+ “If these bonds were of real benefit, and operated, as it had been
+ represented, to prevent imposition, he would ask, why were they not
+ introduced into other branches of the navy department where the clerks
+ were as well acquainted with the sums respectively due as in the
+ pay-office? He could not discover any satisfactory or solid reason for
+ continuing the practice or confining it to one particular office. It
+ seemed to him that the best mode both of preventing frauds and of
+ giving to the relatives of deceased seamen fair and easy opportunities
+ of ascertaining the amount of what was due to them on the ships’
+ books, would be to publish the names of such seamen and marines every
+ six months in the _Gazette_, with the sums due to them respectively at
+ the time of their death. He concluded with moving ‘That every six
+ calendar months a list be published in the _Gazette_ of the unclaimed
+ wages and prize-money due to deceased seamen and marines upon the
+ books of His Majesty’s ships of war, expressing the places where they
+ were born.’”
+
+ “MR. CROKER said that the honourable baronet had made no statement to
+ justify the House in agreeing either to the propositions he had
+ advanced in his speech, or to the motion which he had made. He could
+ not perceive any ground stated by the honourable baronet for
+ convincing the House that the practice of which he complained ought to
+ be altered, and a new system introduced. Was it not right that the
+ lower clerks should be prevented from disclosing that information
+ which was in other places _at all times to be had_? Was the Treasurer
+ of the Navy, the Secretary of the Admiralty, or the Comptroller of the
+ Navy more obscure than any one of the petty clerks who had entered
+ into the bonds of which the noble lord had complained? Was it not
+ their duty to supply the information when duly applied for; and was
+ there any charge preferred, or any case made out, of their having
+ refused to do so?”
+
+This mode of meeting the case showed, beyond a doubt, the justice of the
+complaint and the necessity for the acquiescence of the House in the
+motion of the honourable baronet. Sir Francis complained that bonds were
+taken of the clerks, subjecting their securities to penalties and
+themselves to dismissal if they gave information of any matters within
+their respective departments. Mr. Croker not only admitted but justified
+this, on the ground that it was the duty of the Secretary of the
+Admiralty and the Comptroller of the Navy to supply the information
+“_when duly applied for_.”
+
+Before commencing his attack on me, Mr. Croker curtly informed Sir
+Francis that “if he wished to know what became of the wages and
+prize-money which remained due to the seamen, he would tell him. It was
+_carried to the chest at Greenwich_. The interest was employed in paying
+the pensions of meritorious seamen, and the capital was preserved
+untouched for the claimants whenever they might appear.”
+
+Had this been in reality the case, Mr. Croker would _gladly have proved
+the fact to the House_, as an answer to my previous motion for all
+papers relating to Greenwich. In place of so doing, he made it
+convenient—as has been shown in a former chapter—to stay away from the
+House during the debate on that motion, which it was “his duty” to meet.
+After I had quitted the House, he then appeared in his place and said
+that my statements were without any foundation in fact, though he had
+not listened to them! and could only have heard them at second-hand from
+those whose interest it was to misrepresent what I had said. Imagine a
+secretary of the treasury pursuing the same course and adopting the same
+language in the present day, and the reader will have little difficulty
+in arriving at the motives or the accuracy of Mr. Croker’s imaginary
+statements, in reply to one who made the Navy his _entire study_, and
+was practically acquainted with everything relating to its
+administration.
+
+The preceding reply was all that was vouchsafed to the honourable
+baronet, Mr. Croker converting the subject into a lengthened attack on
+me, a course which the House permitted without question. As the speech
+of the Secretary of the Navy admitted of easy refutation, and as—amongst
+civilised persons in modern times—it tells far more against himself than
+against me, Mr. Croker shall enjoy the benefit of it with posterity.
+
+ “He was happy to see the noble lord opposite in his place (Lord
+ Cochrane), as he would give him the opportunity of making amends for
+ the mis-statement of which he had been guilty on a former evening. He
+ could now flatly contradict the noble lord’s assertions in point of
+ fact, as he had before contradicted them in point of principle. The
+ first case was that of William Ford. The noble lord had stated that
+ William Ford had paid 80_l._ for his discharge from harbour-duty. He
+ had not paid 80_l._ nor any other sum for his discharge. The fact was
+ directly contrary. William Ford was an able seaman on board the
+ _Impérieuse_, the very ship commanded by, and which exposed the
+ ignorance of, the noble lord. Ford’s wife wrote a letter to him
+ requesting her husband’s release on providing proper substitutes. It
+ was attended to by the Admiralty and Ford was discharged, having never
+ been invalided, and having been favoured by those very arrangements on
+ which the noble lord had founded this charge.
+
+ “The next case stated by the noble lord was that of J. Milton, his
+ coxswain. The assertion made by the noble lord was, that John Milton,
+ after being invalided for harbour-duty, and a Greenwich pensioner, had
+ also paid 80_l._ for his discharge.
+
+ “Now, what would the House think of the veracity of the noble lord
+ when he could prove beyond a possibility of doubt that J. Milton was
+ neither a harbour-duty man nor a Greenwich pensioner? He had also
+ received a letter from J. Milton’s wife requesting the Board to
+ discharge her husband upon the usual provision of substitutes being
+ made. A compliance with the prayer of the letter took place, and her
+ husband was discharged. He surely, after such misrepresentations,
+ would not be thought to go too far in maintaining that the noble
+ lord’s assertions should have little or no weight, since it was so
+ very clearly proved that he was ignorant of what passed in his own
+ ship. John Milton, however, after having been discharged, contrived,
+ through the means of Gawler, whose frauds he himself had detected, to
+ obtain upon a false certificate _a pension of 12l. a year from
+ Greenwich_. The fraud was discovered, and the pension was withdrawn.
+
+ “But the noble lord did not seem satisfied with exposing his own
+ ignorance, where he had the best opportunities of being informed; he
+ went much farther, he exposed his own faults and condemned himself.
+ The noble lord declared he had discharged sixty men belonging to the
+ _Pallas_ in consequence of their incapacity, and risked all the
+ responsibility of the measure at the hazard of a court-martial. If the
+ noble lord did so, he would tell the noble lord he had done that which
+ he ought not to have done—he had falsified the books of the ship
+ entrusted to his honour and care. (Hear, hear.) For the books which he
+ had signed with his own hand contradicted his positive assertion. The
+ fact was, that fifteen men only were discharged from the _Pallas_
+ within the period mentioned by the noble lord; no such entry there
+ appeared; and he could not have exchanged them for supernumeraries,
+ because from these books it was seen that only twenty-nine
+ supernumeraries had been taken on board.”
+
+When I said that Ford had been obliged to pay 80_l._ for his discharge,
+instead of the representation being false the amount was much
+_understated_. He had been compelled to find _four substitutes, which
+cost ninety pounds!_ and was then, as a matter of course, discharged
+without further personal payment. The case of Milton was a matter of
+veracity between myself and Mr. Croker. I offered to prove to the House
+that Milton _had paid nearly 100l._ for _substitutes_, which Mr. Croker
+construed into paying _nothing_, for his discharge, an offer which Mr.
+Croker did not accept, though he admitted the substitutes! which had
+been provided—a fact which he did not attempt to disprove otherwise than
+by his own perverted statements. As Mr. Croker himself said “_he had
+contradicted_ my main assertion; how _did I get rid of that_?” Not
+anticipating an attack on myself, I had not come to the House prepared
+with documents, so that the only way in which I could possibly have got
+rid of Mr. Croker’s “_contradictions_” would have been to imitate his
+example, viz. to convert myself into a bully for the sake of outbullying
+him, a resource from which I was, as a gentleman, averse. My reply,
+presently to be adduced, will, I have no doubt, be sufficiently
+satisfactory to the reader.
+
+Again, Mr. Croker appealed to the House whether my veracity was to be
+depended upon, for having stated that Milton was a Greenwich pensioner,
+and in the same breath himself stated that _he was one!_ though through,
+as he alleged, a false certificate obtained from another man, about
+which, if true, I could have known nothing except from Admiralty
+investigations, which were kept secret. All I could have known was, that
+when Milton’s case was brought under my notice he _was_ a Greenwich
+pensioner, which Mr. Croker, when appealing to the House not to trust my
+veracity, confirmed by stating “_that he had a pension of 12l. a year
+from Greenwich_!”
+
+Mr. Croker’s explanation with regard to Farley was even less to his
+credit. My complaint to the House had been that Farley, a man useless
+from hard service, had been returned to me on board the _Impérieuse_,
+and that he had died completely worn out. As an instance of my want of
+veracity, Mr. Croker assured the House that “he was not invalided for
+harbour-duty, neither _died in the service_.” The fact was, that the man
+was not invalided at all till within a few days of his death, when,
+unable to return to his friends, I retained him on board from a motive
+of humanity after his discharge, and he _died on board the Impérieuse_.
+Mr. Croker spoke truth when he said he “was not invalided for
+harbour-duty, and that he did not die in the service;” but he most
+unwarrantably concealed truth when he suppressed the circumstances under
+which the man _really died_, which were more disgraceful to the nation
+than invaliding a worn out man for harbour-duty.
+
+Unworthy as was this course, it was as nothing compared with what fell
+from the lips of Mr. Croker in the subsequent portion of his address to
+the House; in which address he asserted that my resolutions were “gross
+and scandalous libels against the honour, the valour, and the character
+of the British navy”—accused me of having traduced the commander of the
+_Java_ and _Macedonian_, though the names of either ships or their
+commanders had never passed my lips, nor were in my thoughts—and wound
+up by asserting that I had _grossly libelled Captain Broke of the
+Shannon frigate_!!! though I had never mentioned the name of one or the
+other in the House, and only regarded them either in or out of the House
+with the highest admiration!
+
+As this would be incredible were I not to introduce Mr. Croker’s own
+words, I shall do so without abridgment. 1st, to show the impudence of
+the falsehood, and 2ndly, as a really clever tribute to the gallant
+Captain Broke, had it been uttered in common honesty and not to get rid
+of Sir Francis Burdett’s motion; which was thus converted into a pretext
+of vilifying me in such language as no modern House of Commons would for
+a moment tolerate.
+
+ “Having shown, he trusted, to the satisfaction of the House, the
+ ignorance and unfounded statement of the noble lord, he could not
+ suffer the present opportunity to pass by without also showing that
+ the resolutions lately proposed by his Lordship were gross and
+ scandalous libels against the honour, the valour, and the character of
+ the British navy. The noble lord appeared to be peculiarly and most
+ unseasonably unfortunate both in his mis-statements and libels. It was
+ not necessary for him to tell either the noble lord or the House that
+ he alluded to the gallant action fought by the _Shannon_ frigate with
+ the _Chesapeake_ American frigate. The communication which he was
+ about to make to the House had not been sought for or prepared by him.
+ It had presented itself to him as if from a divinity to confute and
+ confound the noble lord’s misrepresentations and libels, and rescue
+ the honour of the British navy from unfounded aspersions, and raise
+ the glory of the British flag still higher than ever. As _he was
+ coming to the House the official information of that glorious
+ engagement was put into his hands_!! He should not trouble the House
+ at any length with the character of Captain Broke, who commanded the
+ _Shannon_. It would be sufficient for him to say that Captain Broke
+ was an officer no less distinguished for his indefatigable activity
+ and unwearied enterprise than for his skill and valour. With many
+ occasions of making and preserving the valuable prizes which must have
+ materially contributed to increase his private fortune, he had
+ uniformly preferred the cause of his country and the good of the
+ service to his own interests. Cases had even occurred, when, although
+ he might have fairly preserved his prizes, he rather chose to send
+ them, with all they contained, to the bottom of the sea than let any
+ opportunity slip in which his exertions and co-operation could be
+ useful in another quarter. The action which he fought with the
+ _Chesapeake_ was in every respect unexampled. It was not—and he knew
+ it was a bold assertion which he made—to be surpassed by any
+ engagement which graced the annals of Great Britain; the enemy’s ship
+ was superior in size, superior in weight of metal, superior in
+ numbers. She entered into the contest with the previous conviction of
+ all her superior advantages, and with a confirmed confidence of
+ victory resulting from that conviction. All this superiority served
+ but to heighten the brilliancy of Captain Broke’s achievement. What,
+ continued Mr. Croker, will, or rather what can, the noble lord say
+ now? Will he persist in still maintaining that the captures made by
+ the Americans have been caused by the decayed and disheartened state
+ of our seamen, and not by the enemy’s superiority in numbers and
+ weight of metal? He begged leave to assure the House, that he had not
+ introduced the account of the glorious victory gained by Captain Broke
+ as a single instance of the success of one of our frigates; but it had
+ come so opportunely to confound the noble lord’s statement and confute
+ his misrepresentations, that he felt he would be doing an act of
+ injustice to our gallant officers and seamen, to the House, and to the
+ country at large were he to pass it over unnoticed, at a moment so
+ peculiarly fitted and seasonable for its introduction. It was not, he
+ knew, the day or the hour which could enhance the value and glory of
+ Captain Broke’s great achievement, nor had he any occasion to
+ strengthen by its effects his arguments and statements against the
+ noble lord, for he sincerely believed there could not be any day or
+ hour in the course of the year in which he would not have more than
+ ample means of contradicting and disproving such assertions as the
+ noble lord had made on this occasion. Mr. Croker concluded with
+ observing that he trusted he had shown not only the impropriety, but
+ the danger of adopting the motion proposed by the honourable baronet.”
+
+The reader may possibly inquire what this tirade could possibly have to
+do with Sir Francis Burdett’s motion? or with anything that I had said?
+He may wonder too that the House should have patiently listened for an
+hour to an imaginary charge against me _for what I had never said_! and
+the Secretary of the Navy’s refutation of a charge _which his own
+ingenuity had trumped up_! In our day it could not be that gentlemen by
+birth or education should have endured such claptrap, when its object
+was to malign one of their own body without a shadow of foundation for
+the malice displayed. The history of the period, however, so fully
+details the reasons for all this, that I may be spared the trouble of
+recapitulating them.
+
+Unpractised in oratorical arts, whether professionally or as the hired
+advocate of a faction, my reply may appear tame; yet what it lacked in
+eloquence it made up by facts which had been _contradicted_, because
+they could not be _impugned_.
+
+ “LORD COCHRANE admitted all that could be said of the gallantry of our
+ seamen; but maintained that a great and a rapid decay had been
+ produced in their physical powers by the cause to which he had felt it
+ his duty to call the attention of the House. He was pleased that he
+ had done so in the form of a resolution which could neither be
+ misrepresented or misquoted without detection. It was in the
+ recollection of the House that he had not cast the slightest
+ reflection either on officers or men, collectively or individually,
+ although the honourable secretary had chosen to defend them in both
+ cases. Such a line of conduct might be best calculated to excite a
+ feeling of disapprobation towards him (Lord Cochrane) in the minds of
+ those who had not attended to the subject, but it was not an
+ honourable or a candid mode of proceeding to put _words into his mouth
+ and then argue to refute them_. He had never mentioned the name of
+ Captain Broke or alluded to him in the slightest degree, although the
+ secretary had spared no pains to defend him. Captain Broke had done
+ his duty; his men proved adequate to the task he had imposed upon
+ them; but, if his information was correct, the _Shannon_ was the only
+ frigate on the American station in which the captain would have been
+ justified in trusting to the physical strength of his crew.
+
+ “The honourable secretary seemed to flatter himself, from the exulting
+ manner in which he had delivered his speech, that he had also
+ _refuted_ those facts, which he (Lord Cochrane) did state. ‘Ford,’
+ says he, ‘did not pay 80_l._ for his discharge, or any other sum.’ But
+ does not the honourable secretary know that this man raised _four
+ substitutes_, and that he (W. Ford) could not procure them otherwise
+ than by money?[90] Was not the difficulty of getting seamen such that
+ the Admiralty demanded four men for the discharge of one? Under such
+ circumstances it was obvious that the navy was manned not by the
+ national bounty or the prospect of reward from the service, but out of
+ the funds of those who had long served their country. The noble lord
+ pledged himself to establish at the bar of the House every
+ circumstance stated in the resolutions which he had moved on a former
+ evening. Ford, he repeated, paid 90_l._ for his discharge—a sum equal
+ to all that he could have saved during eighteen years’ service! No man
+ of feeling could justify the continuance of such a practice.
+
+-----
+
+Footnote 90:
+
+ He had paid 90_l._ for them, as I had asserted.
+
+-----
+
+ “As to the case of Farley, the honourable secretary assured the House
+ that he was not invalided for harbour-duty, neither had he died in the
+ service—facts which will not be deemed important when it is known (and
+ it can be proved) that this respectable petty officer, who had been in
+ thirteen general actions, and thirty-two years in the navy, was not
+ invalided until within a few days of his death; and that, unable to
+ return to his friends, he died on board the _Impérieuse_. Ought not
+ seamen to be entitled to their discharge before they are reduced to
+ this state? Can ships be efficient whilst men so debilitated form part
+ of their crews?
+
+ “It is impossible. The honourable secretary laid particular emphasis
+ on the case of Milton, as above all the most unfounded of his (Lord
+ Cochrane’s) unfounded assertions. He had discovered that Milton had
+ received his pension through Gawler, perhaps this was the easiest way;
+ but he (Lord Cochrane) knew that Milton deserved that pension, having
+ been wounded under his command. He was the first man who boarded the
+ _Tapageuse_ in the river of Bordeaux, when that ship’s corvette was
+ captured by the boats of the _Pallas_ alone. This led him to observe
+ that the lieutenant of the _Pallas_, who executed this service was not
+ promoted by the Admiralty until Sir Samuel Hood’s first lieutenant had
+ brought out another sloop, long afterwards, from the same place with
+ the boats of a whole squadron—nor, is it probable that he ever would
+ have obtained the reward of his gallant conduct, unless the Admiralty
+ had felt that the one could not longer be neglected if the other was
+ promoted. So much for impartiality! He pledged himself to prove to the
+ House the literal fact that Milton _had_ served seventeen years, and
+ _had paid_ nearly 100_l._ for his discharge. Surely such length of
+ service should entitle seamen to some deduction from so oppressive an
+ expense! This was not the case, however; neither was there any period
+ fixed to which they could look forward as the termination of their
+ compulsory confinement.
+
+ “He (Lord Cochrane) did not accuse the present Admiralty of
+ originating these abuses; possibly they were even ignorant of their
+ existence. Boards never listen to individuals, and therefore he had
+ adopted the present mode of calling the attention of parliament and of
+ the country to the state of the navy. Could any person have believed
+ that the Admiralty, instead of _decreasing_ the sum to be paid by
+ meritorious seamen after long service, actually _increase_ the amount?
+ He wished that the present first lord would look into his father’s
+ papers, who had it in contemplation to have made many alterations and
+ improvements in naval affairs, with which he was well acquainted.
+ Probably had he remained in office the seamen would have had no cause
+ now to lament the continuance of those evils of which he (Lord
+ Cochrane) was desirous to inform the House, with a view that they
+ might investigate the subject.
+
+ “Here the noble lord read an extract from a letter he had received
+ that morning from a seaman’s wife, the mother of a family, and whose
+ husband was compelled to pay 60_l._ for a discharge, which left their
+ children without bread. She owed 7_l._ to her doctor, who had written
+ to Mr. Croker, stating her extraordinary exertions for her family’s
+ support as the cause of her illness. The husband after a long service
+ had but 17_l._ remaining; and he was obliged to go down to Plymouth
+ before he could get his discharge. Was this the situation in which
+ British sailors should be placed? He was in the judgment of the whole
+ navy, and he would prove his facts at the bar. If the honourable
+ secretary had any feelings they ought to wring his breast, and prevent
+ him from daring to defend such abuses. He would not detain the House
+ longer than to say that the army was now a model on which to form the
+ navy—so much had circumstances changed. Their service was limited, and
+ officers who did gallant acts were rewarded by promotion and brevet.
+ He named Lieutenant Johnson, who served under his command in the
+ Basque Roads, as an instance to prove the unwillingness of the
+ Admiralty to do justice unless by favour.”
+
+ “MR. CROKER would not permit the noble lord to _lead the House away!_
+ by stating that his material facts had not been _disproved_. He (Mr.
+ Croker) had _contradicted_ his main assertions. The noble lord had not
+ got _rid of that_; and if he would give him further opportunities he
+ would give him _an equally satisfactory answer_!
+
+ “LORD COCHRANE admitted that the honourable secretary had
+ _contradicted_ his assertions, but he defied him to _disprove one
+ word_ contained in his resolution. As the feelings of his brother
+ officers might be excited by the statement of the honourable secretary
+ who had stood forward in their defence, though they had not been
+ attacked, he would again add, that he had not even thought
+ disrespectfully of any individual to whom the honourable secretary had
+ alluded. He admired the gallant conduct of Captain Broke, and asserted
+ that if the Admiralty did their duty no 38-gun frigate of ours need
+ shrink from a contest with the Americans.
+
+ “LORD COCHRANE repelled with scorn the accusation made against him of
+ endeavouring to excite dissatisfaction in the navy.”
+
+The end of Mr. Croker’s attack on me was fully answered, viz. that of
+averting the attention of the House from Sir Francis Burdett’s motion,
+which fell to the ground.
+
+So far I have vindicated myself, I will now appeal to authorities far
+more reliable than Mr. Croker.
+
+ “You may guess my surprise and disappointment on viewing forty-five of
+ the most filthy creatures that ever were embarked, sent as part of our
+ complement.”—(_Letter of Lord St. Vincent to Admiral Markham, quoted
+ by Brenton._)
+
+If such men were sent as part of the complement of the ship of the
+commander-in-chief, the public may judge of the description furnished to
+private ships of war. Captain Brenton when confirming the above opinion
+of Lord St. Vincent, shall describe them.
+
+ “I can vouch for the correctness of the above picture of the men who
+ used to infest our ships. Their personal appearance, in spite of every
+ attention, was most miserable, particularly the importations at
+ Plymouth. I remember being ordered on a survey of _some of them in
+ 1811_; and so truly wretched and unlike men did they appear, that I
+ took portraits of them, which I gave to Captain Nash, of the _Salvador
+ del Mundo._ _My wonder is that more of our ships were not taken by the
+ Americans in the late struggle, when it is considered how shamefully
+ they were manned_”!!—(_Brenton’s St. Vincent_, vol. ii. p. 246.)
+
+Yet for speaking of them in 1813, after our ships were everywhere beaten
+by the Americans, I was denounced by Mr. Croker as wanting in veracity!
+My arguments all pointed to the reorganisation of a noble service whose
+cause of failure was solely attributable to a want of proper ships,
+well-trained men, and an armament capable of contending with a nation
+which, in this respect, had gone ahead of us.
+
+This is not the place to enter into a description of our disasters in
+the American war, or it would be easy for me to show their origin in the
+abuses embodied in my resolutions. Nor is it to be wondered at that
+seamen who were so ill treated, and who suffered so much in former wars,
+should have recounted their sufferings to their descendants, now arrived
+at manhood. Which of them, who could obtain a better livelihood, would
+be likely, after such a description of the miseries of naval life, to
+enter on board an English man-of-war? It was no wonder they preferred
+the American service.
+
+Had Mr. Croker been candid, he would, when speaking of the victory of
+the _Shannon_, have adduced the fact, which must have been known to the
+Admiralty that one-third of the _Chesapeake’s_ crew _were British
+seamen_, driven from their own national service by ill-treatment. A man
+in Captain Broke’s frigate found his own brother amongst the enemy’s
+wounded!
+
+I will adduce the following extracts from Brenton.
+
+ “Sir Sidney Smith never spared himself. He was ever present in danger,
+ and the last to retreat from it. He was equally gallant and
+ enterprising with his contemporary, Cochrane, but less cautious and
+ less of a sailor. Both these valuable officers were latterly lost to
+ the service, because the Admiralty would not, _when they might have
+ done it_, give them sufficient employment at sea to keep them at
+ work.” (p. 461.)
+
+ “Vernon owed much of his celebrity to his manly and straightforward
+ dealing in the House of Commons.” (p. 347.)
+
+ “The services of the gallant Vernon were rewarded by his _being struck
+ out of the list by a weak and wicked government_. Vernon was supposed
+ to have been the author of two pamphlets, reflecting on the conduct of
+ the Admiralty, and the gallant Admiral very shortly afterwards
+ received a letter from Mr. Corbett, the secretary, announcing that His
+ Majesty had been pleased to direct their Lordships _to strike his name
+ off the list of flag officers_.” (p. 345.)
+
+ “If we would have good and faithful seamen to man our ships, we must
+ give them full and ample remuneration for their services, _with
+ security from want and penury in old age_. I most earnestly pray God
+ that the next parliament may have sense and influence enough to listen
+ to men belonging to our profession who will fearlessly advocate the
+ cause of our sailors.”—(_Brenton._)
+
+It would not be difficult to multiply these extracts by dozens from
+naval writers of this and a subsequent period. These, however, being
+well known to students of naval history, need not be recapitulated. The
+following extract from a letter of Lord Collingwood, quoted by Brenton,
+vol. i. p. 436, embraces the whole subject.
+
+ “What day is there that I do not lament the continuance of the war?
+ Nothing good can happen to us short of peace. Every officer and man of
+ the fleet is impatient for release from a situation which daily
+ becomes more irksome to all. I see disgust growing around me very
+ fast.”
+
+The debates in parliament sealed my fate.
+
+It is, however a remarkable fact, that, notwithstanding my resolutions
+respecting the navy were thrown out without a division—that everything I
+advanced for the good of the navy was pooh-poohed—and that every fact I
+brought forward was flatly denied by Mr. Croker, in his position as
+Secretary of the Admiralty—the Government secretly proceeded to adopt
+nearly every one of the _reforms which had been originated and advanced
+by myself_. Thus instead of _my plans_, my efforts for the removal of
+naval abuses became _their plans_!
+
+This would certainly never have been known to me, but for the recent
+publication of the “Diaries and Correspondence of the Right Hon. George
+Rose,” the Treasurer to the Navy. From this work I will cull a few
+extracts. Mr. Rose thus writes:—
+
+ “I dined at Lord Mulgrave’s with the Board of Admiralty, to discuss
+ some points respecting _my plan_ for _ensuring regular_ adjudication
+ and speedy distribution of the proceeds of prizes.... At the Levee to
+ day, Mr. Wellesley Pole kissed hands as principal Secretary for
+ Ireland, and Mr. Croker as his successor as Secretary to the
+ Admiralty. _I continue to think this last appointment, without any
+ impeachment of the gentleman’s character_, VERY MUCH TO BE REGRETTED.”
+ (Vol. ii. p. 411.)
+
+Nothing of the kind, Mr. Rose, Mr. Croker was the only man who could be
+found to contradict my facts, and then induce his superiors to act upon
+them—to ridicule my plans, and then adopt them. So far from being out of
+his place, he was a necessity, since being thoroughly acquainted with
+all my plans and aspirations in our days of friendship, he could
+effectively defeat my efforts in the House of Commons and profit by them
+in Whitehall. Mr. Rose possibly did not suspect the causes for Mr.
+Croker’s appointment.
+
+At page 503 of the same work, is an intimation from Mr. Perceval to Lord
+Bathurst of “_some future arrangement of the interests of Greenwich
+Hospital in prize-money_;” the very subject I had for the first time
+introduced into the House under the disadvantage of not knowing what
+papers to call for! My motions for the _proper payment of seamen_,
+though repudiated in the House, were completely successful in the
+Administration, as is shown by the subjoined correspondence between Lord
+Melville and Mr. Rose on the subject:—
+
+ “Admiralty, September 15th, 1814.
+
+ “DEAR ROSE,—I do not trouble you with the inclosed from any special
+ consideration of the particular case, but as a specimen of a
+ considerable and increased number which I have of late received. The
+ circumstance may be accidental, and I have little doubt that the
+ several instances may be satisfactorily accounted for.... I have no
+ doubt that real neglect does not occur, but it is very desirable that
+ there should not be even the appearance of it. On your return to town,
+ you will probably examine into the subject, with a view to ascertain
+ whether in the inferior branches of the Pay Office, the business is
+ conducted to your satisfaction.
+
+ “Believe me, &c. &c.
+ “MELVILLE.”
+
+The business was not conducted to Mr. Rose’s satisfaction, for in his
+reply to Lord Melville, he says:—
+
+ “I gave the most positive orders, accompanied by strong assurances of
+ my severe displeasure if they should not be complied with, for
+ insuring early answers to all applications, and, _finding these
+ ineffectual_, from not knowing on whom individually to fix blame,
+ where there was an appearance of neglect, I divided the alphabet
+ amongst the clerks in the inspection branch, assigning to each certain
+ letters in it, that I might know with whom the responsibility rested,
+ who should not perform his duty. That has been followed up by mulcts
+ and reprimands. At one time I had the whole branch into my room, and
+ stated to them in the most impressive terms, my fixed determination to
+ dismiss the first person against whom a well founded complaint should
+ be made; on which I had _remonstrances for having disgraced the
+ branch_!
+
+ * * * * * * *
+
+ “My servants have general orders, never, under any pressure of
+ business, to refuse admittance to seamen or their relations, or,
+ indeed, to any poor inquiring person. I have sometimes picked up
+ stragglers in the country and maintained them till I could ascertain
+ whether I could be useful to them, _either in getting their
+ prize-money, or obtaining for them admission to Greenwich
+ Hospital_!... I have by the aid of a law I brought in, punished
+ _frauds of every description practised upon the seamen_, even in cases
+ where _only larger prices have been exacted than ought to have been
+ paid for articles sold to them_.”
+
+Formidable admissions, truly, despite the virtuous indignation of Mr.
+Croker on the supposition that anything could be wrong at the Admiralty.
+Yet here, after my attempts at remedying abuses, the Treasurer to the
+Navy testifies to the difficulty of seamen obtaining access to the
+Admiralty—to their begging about the country in the character of common
+tramps for want of their prize-money, whilst even the wounded and aged
+required Mr. Rose’s humane intervention to get them a chance of
+Greenwich Hospital—to the fact, that frauds of all kinds were practised
+upon them—whilst the “_branch which was disgraced_,” by merely being
+told of its misconduct, was in the habit of charging to the seamen
+“_larger prices than ought to have been paid for articles sold to
+them_!!”
+
+I had brought nothing before the House half so bad as this testimony of
+the Treasurer of the Navy. Yet for bringing forward what I did on behalf
+of the navy, I was, as will presently be seen, hunted on a false
+accusation into prison, whilst those who marked me down were quietly
+adopting as their own the reforms I had advocated!!
+
+
+
+
+ CHAP. XXXVIII.
+ THE STOCK EXCHANGE TRIAL.
+
+NECESSITY FOR ENTERING ON THE SUBJECT.—LORD CAMPBELL’S OPINION
+ RESPECTING IT.—LORD BROUGHAM’S OPINION.—HIS LATE MAJESTY’S.—MY
+ RESTORATION TO RANK.—REFUSAL TO REINVESTIGATE MY CASE.—THE REASONS
+ GIVEN.—EXTRACT FROM LORD BROUGHAM’S WORKS.—MY FIRST KNOWLEDGE OF DE
+ BERENGER.—HOW BROUGHT ABOUT.—THE STOCK EXCHANGE HOAX.—RUMOURS
+ IMPLICATING ME IN IT.—I RETURN TO TOWN IN CONSEQUENCE.—MY
+ AFFIDAVIT.—ITS NATURE.—IMPROBABILITY OF MY CONFEDERACY.—MY
+ CARELESSNESS OF THE MATTER.—DE BERENGER’S DENIAL OF MY
+ PARTICIPATION.—REMARKS THEREON.—SIGNIFICANT FACTS.—REMARKS ON THE
+ ALLEGED HOAX COMMON ON THE STOCK EXCHANGE.
+
+
+I now approach a period of my life in which occurred circumstances
+beyond all others painful to the feelings of an honourable man. Neglect
+I was accustomed to. Despite my efforts to rise superior to the
+jealousies of others, it has followed me through life. Exclusion from
+professional activity at a period when opportunity for distinction lay
+before me, was hard to bear; but I had the consolation of exerting
+myself ashore for the benefit of the noble service, in the active duties
+of which I was not permitted to participate. But when an alleged offence
+was laid to my charge in 1814, in which, on the honour of a man now on
+the brink of the grave, I had not the slightest participation, and from
+which I never benefited, nor thought to benefit one farthing, and when
+this allegation was, by political, rancour and legal chicanery,
+consummated in an unmerited conviction and an outrageous sentence, my
+heart for the first time sank within me, as conscious of a blow, the
+effect of which it has required all my energies to sustain. It has been
+said that truth comes sooner or later. But it seldom comes before the
+mind, passing from agony to contempt, has grown callous to man’s
+judgment. To this principle, I am thankful to say, I have never
+subscribed, but have to this hour remained firm in the hope and
+confidence that by the mercy of God I shall not die till full and ample
+justice of my fellow-men has been freely rendered me.
+
+It may be thought that after the restoration to rank and honours by my
+late and present Sovereigns—after promotion to the command of a fleet
+when I had no enemy to confront—and after enjoyment of the sympathy and
+friendship of those whom the nation delights to honour,—I might safely
+pass over that day of deep humiliation. Not so. It is true that I have
+received those marks of my Sovereign’s favour, and it is true that from
+that day to the present I have enjoyed the uninterrupted friendship of
+those who were then convinced, and are still convinced of my innocence;
+but _that unjust public sentence has never been publicly reversed, nor
+the equally unjust fine inflicted on me remitted_; so that if I would,
+it is not in my power to remain silent and be just to my posterity. The
+Government of my country has, though often invoked, refused to
+re-investigate my case, as impossible in form, and from fear of creating
+a precedent. Nevertheless, I will, repugnant as is the subject, re-state
+the facts, and, posterity being my judge, have no fear as to the
+verdict. The coronet of my ancestors, and the honour of my family, which
+will, in the course of nature ere long be committed to the keeping of a
+devoted and sensitively honourable son, demand no less at my hands.
+
+It must not, however, be imagined that the recital of leading facts, is
+for the first time adopted in pursuance of the dictates of family duty
+and affection. Neither would it have been possible to write my
+autobiography without entering on this most important and painful
+portion of my life, because such an omission would be fatal to my
+reputation, as it might be construed into an admission of my
+culpability.
+
+At a period before the experience of the present generation, the
+circumstances about to be recorded were over and over again submitted to
+public judgment, but at a time when the rod of justice was suspended _in
+terrorem_ over the public press, which did not venture openly to espouse
+my cause on its own merits. Yet even then my efforts were not in vain.
+The press, instead of being, as in those days it was, the organ of
+ill-concealed public dissatisfaction, has now become the exponent of the
+public voice; which, through its medium, is heard and felt throughout
+the length and breadth of the land. Though approaching the subject with
+distaste, I do so with confidence that my unvarnished tale will not be
+told in vain.
+
+For the more ready appreciation of the reader in the present day, as
+regards facts, the details of which the lapse of half a century has
+nearly obliterated, I may be permitted to introduce the subject by
+extracts from the works of two of the most learned and distinguished
+lawyers and statesmen of the age in which we live—two noblemen, of whose
+learning, of whose judgment and integrity it is unnecessary for me to
+say one word, because they are much above my praise, and therefore can
+receive no addition from it—viz. Lord Brougham, formerly our Lord High
+Chancellor, and Lord Campbell, the present Lard High Chancellor of
+England. I will take those of Lord Campbell first, because they embrace
+points into which Lord Brougham does not enter, and also because Lord
+Campbell, in addition to the dignity which he now adorns, for many years
+occupied the same high position as did Lord Ellenborough, when he
+presided at the trial to which the reader’s attention is now directed.
+
+Lord Campbell, at page 218, vol. iii. in his valuable work, entitled
+“The Lives of the Chief-Justices of England,” says:—
+
+ “I have now only to mention some criminal cases which arose before
+ Lord Ellenborough in later years. Of these, the most remarkable was
+ Lord Cochrane’s, as this drew upon the Chief-Justice a considerable
+ degree of public obloquy, and, _causing very uneasy reflections in his
+ own mind, was supposed to have hastened his end_.”
+
+ “Lord Cochrane (since Earl of Dundonald) was one of the most gallant
+ officers in the English navy, and had gained the most brilliant
+ reputation in a succession of naval engagements against the French.
+ Unfortunately for him, he likewise wished to distinguish himself in
+ politics, and taking the Radical line, he was returned to Parliament
+ for the city of Westminster. He was a determined opponent of Lord
+ Liverpool’s Administration; and at popular meetings was in the habit
+ of delivering harangues of rather a seditious aspect, which induced
+ Lord Ellenborough to believe that he seriously meant to abet
+ rebellion, and that he was a dangerous character. But the gallant
+ officer was really a loyal subject, as well as enthusiastically
+ zealous for the glory of his country. He had an uncle, named Cochrane,
+ a merchant[91], and a very unprincipled man, who, towards the end of
+ the war, in concert with De Berenger, a foreigner, wickedly devised a
+ scheme by which they were to make an immense fortune by a speculation
+ on the Stock Exchange.”
+
+ “For this purpose they were to cause a sudden rise in the funds, by
+ spreading false intelligence that a preliminary treaty of peace had
+ actually been signed between England and France. Everything succeeded
+ to their wishes; the intelligence was believed, the funds rose, and
+ they sold on time bargains many hundred thousand pounds of 3 per
+ cents. before the truth was discovered.”
+
+ “It so happened that Lord Cochrane was then in London, was living in
+ his uncle’s house[92], and was much in his company, but there is now
+ good reason to believe that he was not at all implicated in the
+ nefarious scheme. However, when the fraud was detected,—partly from a
+ belief in his complicity, and partly _from political spite_,—he was
+ included in the indictment preferred for the conspiracy to defraud the
+ Stock Exchange.”
+
+ “The trial coming on before Lord Ellenborough, the noble and learned
+ Judge, being himself persuaded of the guilt of all the defendants,
+ used his best endeavours that they should all be convicted. He refused
+ to adjourn the trial at the close of the prosecutor’s case, about nine
+ in the evening, when the trial had lasted twelve hours, and the jury,
+ as well as the defendants’ counsel, were all completely exhausted and
+ all prayed for an adjournment. The following day, in summing up,
+ prompted, no doubt, by the conclusion of his own mind, he laid
+ _special emphasis on every circumstance which might raise a suspicion
+ against Lord Cochrane_, and ELABORATELY EXPLAINED AWAY WHATEVER AT
+ FIRST SIGHT MIGHT SEEM FAVOURABLE to the gallant officer. In
+ consequence the jury found a verdict of GUILTY against _all_ the
+ defendants.”
+
+ “Next term, Lord Cochrane presented himself in Court to move for a new
+ trial, but the other defendants convicted along with him did not
+ attend. He said truly that he had no power or influence to obtain
+ their attendance, and urged that his application was founded on
+ circumstances peculiar to his own case. But Lord Ellenborough would
+ not hear him, because the other defendants were not present. Such a
+ rule had before been laid down[93], _but it is palpably contrary to
+ the first principles of justice, and ought immediately to have been
+ reversed_.”
+
+ “Lord Cochrane was thus deprived of all opportunity of showing that
+ the verdict against him was wrong, and in addition to fine and
+ imprisonment, he was sentenced to stand in the pillory.[94] Although
+ as yet he was generally believed to be guilty, the award of this
+ degrading and infamous punishment upon a young nobleman, a member of
+ the House of Commons, and a distinguished naval officer, raised
+ universal sympathy in his favour. The judge was proportionably blamed,
+ not only by the vulgar, but by men of education on both sides in
+ politics, and he found upon entering society and appearing in the
+ House of Lords _that he was looked upon coldly_.
+
+ “_Having now some misgivings himself as to the propriety of his
+ conduct in this affair, he became very wretched._ Nor was the
+ agitation allowed to drop during the remainder of Lord Ellenborough’s
+ life, for Lord Cochrane being expelled the House of Commons, _was
+ immediately re-elected for Westminster_. Having escaped from the
+ prison in which he was confined under his sentence, he appeared in the
+ House of Commons. In obedience to the public voice, the part of his
+ sentence by which he was to stand in the pillory was remitted by the
+ Crown, and a bill was introduced into Parliament altogether to abolish
+ the pillory as a punishment, _on account of the manner in which the
+ power of inflicting it had been recently abused. It was said that
+ these matters preyed deeply on Lord Ellenborough’s mind and affected
+ his health. Thenceforth he certainly seemed to have lost the gaiety of
+ heart for which he had been formerly remarkable._” (Lord Campbell’s
+ “Lives of the Chief-Justices,” vol. iii. pp. 218, 219, 220.)
+
+-----
+
+Footnote 91:
+
+ This is an error. My uncle, an East India merchant, was the Hon. Basil
+ Cochrane, a highly honourable man, not the one alluded to by Lord
+ Campbell.
+
+Footnote 92:
+
+ It was my uncle Basil with whom I for a time resided.
+
+Footnote 93:
+
+ On one special occasion only.
+
+Footnote 94:
+
+ This vindictive sentence the Government did not dare carry out. My
+ high-minded colleague, Sir Francis Burdett, told the Government that
+ if the sentence was carried into effect, he would stand in the pillory
+ beside me, when they must look to the consequences. What these might
+ have been, in the then excited state of the public mind, as regarded
+ my treatment, the reader may guess.
+
+-----
+
+Such are the recorded opinions of one of the most learned and acute men
+of the age, one who now does honour to the judgment-seat of the highest
+tribunal of our country; and who, at the time those opinions were given
+to the world, held the scarcely less dignified position of Chief-Justice
+of England, sitting in the very court in which that cruel sentence—the
+unmerited cause of so much misery to me—was pronounced. From such an
+authority—as much judicial as historic—may the reader form his own
+conclusions.
+
+It is with no less satisfaction that I add the opinions of another
+learned and highly gifted peer of the realm, who has also adorned the
+dignified office of Lord High Chancellor of England, viz. my friend Lord
+Brougham, to whose name, as the untiring advocate of everything
+nationally progressive and socially expansive, no testimony of mine
+could add weight.
+
+In the year 1844, when I submitted to Her Majesty’s Government how
+incomplete I considered the restoration of my honours, I wrote to Lord
+Brougham, ever my constant and steadfast friend, to ask his opinion of
+the step I was taking. The subjoined was Lord Brougham’s reply:—
+
+ “Grafton Street, March 29th, 1844.
+
+ “MY DEAR LORD D.—I think, upon the whole, the time is favourable.
+
+ “I have well considered the matter as of importance, and have read the
+ papers through. I don’t think the best way of bringing the subject
+ before the Duke is to send that correspondence, but rather to make a
+ statement, and I authorise you distinctly to add to it these two
+ important facts.
+
+ “First, that William IV. only objected to the Bath being restored _at
+ the same time_ with your rank, and not absolutely at all times.
+
+ “Secondly, that your counsel were clearly of opinion that the verdict
+ as _concerned you was erroneous_, and I always concluded that you had
+ sacrificed yourself out of delicacy to your uncle, the person really
+ guilty.
+
+ “The restoring you to rank without your honours is too absurd and
+ unfair. It means ‘we will take all we can get from you in service, and
+ give you nothing.’
+
+ “Yours ever truly,
+ “H. BROUGHAM.”
+
+No one knew better than His late Majesty, King William the Fourth, the
+injustice under which I had laboured, and the causes of the political
+spite which had been directed against me. Before His Majesty came to the
+throne he warmly interested himself in my behalf, and intimated to Sir
+Francis Burdett, that if I were to memorialise the Government, he would
+use his influence to procure my restoration. This was accordingly done,
+but in vain, His Royal Highness’s influence _then_ proving insufficient
+for the purpose, but not so after His Majesty’s accession to the throne.
+
+The following extract of a letter from Sir Francis Burdett, coming
+shortly before my restoration to rank, will show the continued interest
+taken by His late Majesty and those near him to remove unmerited obloquy
+from a brother sailor, notwithstanding the failure of His Majesty’s
+previous effort when Duke of Clarence. The same intimation to Sir
+Francis Burdett being made, a similar memorial was laid before His
+Majesty in Council; this time with effect.
+
+ “MY DEAR LORD DUNDONALD,—I went to the Levee on Wednesday to give your
+ memorial to Greville, the Clerk of the Council, to present—but the
+ King returned to Windsor immediately after the Levee and no council
+ was held. Had it been, I can entertain no doubt that your memorial
+ would have been presented and granted.
+
+ “I went to see Greville about it the next day—he was so kind and so
+ desirous of doing everything in his power to expedite it, even
+ proposing to take it out of its usual turn, that I cannot but feel
+ quite satisfied and assured that there will be not a moment’s
+ unnecessary delay. A little patience and all will be right. I should
+ like to see you for a day or two, and perhaps may.
+
+ “Yours sincerely,
+ “F. BURDETT.”
+
+My restoration not long afterwards followed, and no one knew better than
+His Majesty the justice of reversing the unjust sentence which had so
+long and so undeservedly excluded me from a service which from my youth
+upwards had been my pride.
+
+I shall ever consider this interference on my behalf as a testimonial
+from His late Majesty not only to my innocence, but also to my
+unjustifiable persecution, for had he not believed me innocent, His
+Majesty would have been the last person to interfere so pertinaciously.
+Still less when, on coming to the throne, his former influence had
+become authority.
+
+I was not restored to my honours till the reign of Her present Most
+Gracious Majesty, and on this restoration being made, I again requested
+of Her Majesty’s Ministers a reinvestigation into the causes which led
+to my unjust conviction, alleging that my restoration to rank and honour
+might be construed into an act of mercy, were not my innocence of the
+Stock Exchange hoax fully established. In this sense I addressed the
+late Duke of Wellington and Sir Robert Peel. The following was his
+Grace’s reply.
+
+ “Walmer Castle, Sept. 12th, 1844.
+
+ “MY LORD,—I have just received the package from your Lordship,
+ containing your Lordship’s letter to myself of the 10th inst. and
+ other papers, which I will peruse with attention according to the
+ desire and for the purpose expressed in your Lordship’s letter.
+
+ “I have the honour to be, &c.
+ “WELLINGTON.
+
+ “Admiral the Earl of Dundonald, &c.”
+
+The reply of Sir Robert Peel was more explicit, and gave as a reason why
+my request could not be complied with, that just, or unjust, it was not,
+from lapse of time, in the power of the Government to attempt to reverse
+a decision in a court of law.
+
+ “Whitehall, Nov. 7th, 1844.
+
+ “MY LORD,—Her Majesty’s servants have had under their consideration
+ the letter I received from your Lordship, bearing date the 10th of
+ September 1844, together with the documents by which that letter was
+ accompanied.
+
+ “On reference to the proceedings which were adopted in the year
+ 1832[95], it appears that previously to the restoration of your
+ Lordship to your rank in the navy a free pardon under the great seal
+ was granted to your Lordship, and, adverting to that circumstance, and
+ to the fact that thirty years have elapsed since the charges to which
+ the free pardon had reference were the subject of investigation before
+ the proper judicial tribunal of the country, Her Majesty’s servants
+ cannot consistently with their sense of public duty advise the Queen
+ to re-open an inquiry into those charges.
+
+ “I beg leave to refer your Lordship to the letter which the Earl of
+ Haddington, the First Lord of the Admiralty, addressed to your
+ Lordship in the year 1842—as I am not enabled to make any
+ communication to your Lordship on the part of Her Majesty’s Government
+ differing in purport from that letter.
+
+ “I have the honour, &c.,
+ “ROBERT PEEL.
+
+ “Admiral the Earl of Dundonald, &c.”
+
+-----
+
+Footnote 95:
+
+ My restoration to rank.
+
+-----
+
+Here was the whole secret why I had never been able to obtain an
+investigation of my case, and why the Admiralty, which deprived me of
+rank and honour, declined to investigate it, notwithstanding that an
+appeal from the verdict had been refused by the Court of King’s Bench,
+though I had then in court such additional evidence as must have set
+aside the verdict, which evidence will shortly be laid before the reader
+who will now be in a condition to understand the following explanation
+of Lord Brougham, given, under the article “Ellenborough,” in his
+“Historic Sketches of British Statesmen in the time of George the
+Third.”
+
+ “On the bench, it is not to be denied that Lord Ellenborough
+ occasionally suffered the strength of his political feelings to break
+ forth and to influence the tone and temper of his observations. That
+ he ever, upon any one occasion, knowingly deviated one hair’s breadth
+ in the discharge of his office is wholly untrue. The case which gave
+ rise to the greatest comment, and even led to a senseless show of
+ impeachment was Lord Cochrane’s. * * * I must, however, be here
+ distinctly understood _to deny the accuracy of the opinion which Lord
+ Ellenborough appears to have formed in this case, and deeply to lament
+ the verdict of guilty which the jury returned, after three hours’
+ consultation and hesitation_.
+
+ “If Lord Cochrane was at all aware of his uncle Mr. Cochrane
+ Johnstone’s proceedings, it was the whole extent of his privity to the
+ fact. Having been one of the counsel engaged in the cause I can speak
+ with some confidence respecting it, and I take upon me to assert that
+ Lord Cochrane’s conviction was mainly owing to the extreme repugnance
+ which he felt to giving up his uncle, or taking those precautions for
+ his own safety which would have operated against that near relation.
+ Even when he, the real criminal, had confessed his guilt, by taking to
+ flight, and the other defendants were brought up for judgment, we, the
+ counsel, could not persuade Lord Cochrane to shake himself loose from
+ the contamination by abandoning him.
+
+ “Our only complaint against Lord Ellenborough was his Lordship’s
+ refusal to adjourn after the prosecutor’s case closed, and his
+ requiring us to enter upon our defence at so late an hour—past nine
+ o’clock—that the adjournment took place at midnight, and before we
+ called our witnesses. Of course, I speak of the trial at Guildhall
+ only. Lord Ellenborough was equally to blame with his brethern in the
+ Court of King’s Bench for that most cruel and unjustifiable sentence,
+ which at once secured Lord Cochrane’s re-election for Westminister
+ when the House of Commons expelled him upon his conviction.
+
+ “In 1833, the Government of which I was a member restored this great
+ warrior to his rank of Admiral in our navy. The country, therefore, in
+ the event of hostilities, would now have the inestimable benefit of
+ his services, whom none perhaps ever equalled in heroic courage, and
+ whose fertility of resources, military as well as naval, place him
+ high amongst the very first of commanders. That his honours of
+ knighthood, so gloriously won, should still be withholden is a stain,
+ _not upon him_, but upon the councils of his country; and after his
+ restoration to the service, it is as inconsistent and incomprehensible
+ as cruel and unjust.” (Lord Brougham’s “Historic Sketches.”)
+
+A brief outline of the circumstances which led to the trial will enable
+the reader to comprehend the grounds upon which the opinions just quoted
+were based.
+
+At the commencement of 1814 I was appointed by my uncle, Sir Alexander
+Cochrane, then commanding the British fleet on the North American
+station, as his flag-captain; and in the month of February was busily
+engaged in getting the _Tonnant_ line-of-battle-ship, then fitting at
+Chatham as my uncle’s flag-ship, ready for sea. The presence of Sir
+Alexander being imperatively required upon the station, he had
+previously quitted England in a frigate; and it had been understood
+between my uncle and myself that, on joining him with the _Tonnant_, the
+most efficient measures should be adopted to compensate for our late
+defeats with the better manned and equipped vessels of the United
+States.
+
+Previous to my uncle’s departure at the latter end of 1813, he had, in
+pursuance of this object, repeatedly though unsuccessfully applied to
+the Admiralty for permission to engage an officer in the Duke of
+Cumberland’s regiment of Sharpshooters, as having a reputation not only
+for skill in teaching rifle practice, but also for his pyrotechnic
+acquirements, as an engineer officer; this proficiency having become
+known to Sir Alexander through his brother, who, strongly urged the
+employment of the person alluded to, a Captain De Berenger, with whom
+Mr. Cochrane Johnstone had been for some time acquainted. It was thus
+that I was subsequently brought in contact with a man who eventually
+proved my ruin, by involving me in an appearance of complicity in an
+attempt to raise the public funds by the dissemination of groundless
+news to the prejudice of the Stock Exchange speculators, one of those
+common deceptions which, I am told, were then, as now, practised by
+parties connected with the transactions of the Stock Exchange.
+
+In the month of January Mr. Cochrane Johnstone invited De Berenger to a
+dinner, at which I was present. Towards the close of the evening this
+person asked me to step aside with him for the purpose of conversation.
+His object was to request me to take him on board the _Tonnant_ in any
+capacity, for having failed to obtain the consent of the Admiralty he
+would be happy to trust to Sir Alexander’s generosity to employ him in
+any situation for which he was qualified. With this view he begged me to
+peruse his testimonials as Adjutant of the Duke of Cumberland’s rifle
+regiment, as well as other documents of a similar character.
+
+Finding the testimonials satisfactory, I expressed my regret at not
+being able to take him in the _Tonnant_ without an appointment, or at
+least an order, from the Board of Admiralty; adding, that no person
+could possibly have less influence with their Lordships than myself, and
+that therefore it was useless for me to apply to them on his behalf,
+especially as they had refused the application of Sir Alexander
+Cochrane. Knowing, however, that it was the wish of Sir Alexander that
+De Berenger should go if possible, I recommended him to exert himself to
+secure the influence of those under whom he appeared to have served so
+satisfactorily; adding that, if he succeeded, I should have great
+pleasure in taking him in the _Tonnant_.
+
+With these prefatory remarks the reader will readily comprehend what
+follows:—
+
+About midnight on the 20th of February, according to the current report
+of the transactions hereafter to be named, a person calling himself
+Colonel de Bourg, aide-de-camp to Lord Cathcart, presented himself at
+the Ship Hotel at Dover, representing that he was the bearer of
+intelligence from Paris, to the effect that Buonaparte had been killed
+by the Cossacks—that the allied armies were in full march for Paris—and
+that immediate peace was certain. After this announcement he forwarded
+similar intelligence by letter to the Port-Admiral at Deal, with a
+view—as was supposed—of its being forwarded to London by telegraph; thus
+making the Port-Admiral the medium of communication with the Government.
+
+This person, as was afterwards known to the Stock Exchange only _through
+my instrumentality_, was the before-named De Berenger. The intelligence
+was false, having been concocted for the purpose of causing a rise in
+the public funds.
+
+On the 7th of March, the Committee of the Stock Exchange published an
+advertisement offering a reward of two hundred and fifty guineas for the
+discovery of the person who had perpetrated the hoax; a report being at
+the same time current that the pretended Du Bourg had, on the morning of
+the 21st of February, been _traced to my house in Green Street_.
+
+At this time I had joined the _Tonnant_ at Chatham, and was preparing to
+sail for the North American station, but on learning the injurious
+report above mentioned, and being aware from the ordinary channels of
+public intelligence of the nature of the transaction—being moreover
+indignant that the perpetrator of the deception should have dared to
+visit me, I determined to denounce him, in order that if he were really
+the guilty person, his name should be made public at the earliest
+possible moment, so that no time might be lost in bringing the matter
+home to him.
+
+In pursuance of this determination I obtained leave of absence from the
+ship. On my return to town, I found that although the authorities were
+ignorant of the name of the person who came to my house on the 21st of
+February, public rumour did not hesitate to impute to me complicity in
+his transactions, simply from the fact of the suspected person, whoever
+he might be, having been there.
+
+To rebut these insinuations was of the first importance. Accordingly I
+immediately consulted my legal advisers.
+
+The result was that an affidavit was prepared and submitted to an
+eminent barrister, Mr. Gurney, to whom I disclosed every particular
+relative to the visit of De Berenger, as well as to my own previous,
+though very unimportant transactions, in the public funds. I was advised
+by him and my own solicitors to confine myself simply to supplying the
+authorities with the name of De Berenger as the person seen in uniform
+at my house on the 21st ultimo.
+
+With this suggestion, wisely or unwisely—but certainly in all honesty, I
+refused to comply, expressing my determination to account _for all my
+acts_ on the 21st of February, even to the entire occupation of my whole
+time on that day. Finding me firm on this point, the affidavit was
+settled by Mr. Gurney, and sworn to, the name of De Berenger for the
+first time thus becoming known to those who were in quest of him. (See
+Appendix.)
+
+A circumstance may here be mentioned which has an important bearing on
+the subject. My letter to the Admiralty, giving my reasons for asking
+leave of absence for the purpose of rebutting the insinuations against
+my character, contained most material matter for my exculpation. It was
+written to Mr. Secretary Croker, but when I afterwards moved for and
+obtained from the House of Commons an order for the production of my
+correspondence with the Admiralty, _this letter was not to be found,
+though all others asked for were!!_ Had the letter been produced, it
+must have had great weight with the House, the adverse decision of which
+I mainly ascribe to its nonproduction. Unfortunately, in the haste of
+the application, no copy was taken.
+
+I have been particular in recording dates, because it has been
+insinuated to my injury that I _had been tardy_ in giving the
+information in my power. It is hence my desire to put on record that
+_the moment_ the necessity for vindicating myself arose not an hour was
+lost by me in giving the Stock Exchange a clue to the offender, if such
+De Berenger should turn out to have been.
+
+I will here notice another circumstance, viz. that the very Mr. Gurney
+who had advised me in the matter of my affidavit, and to whom I had
+unreservedly communicated every circumstance connected with my private
+affairs, as well as those connected with the visit of De Berenger, was
+afterwards chosen by Mr. Lavie, the _solicitor to the committee, as the
+leading counsel for the Stock Exchange at the subsequent trial against
+me!_ I simply relate the fact, without comment.
+
+It is not necessary here to weary the reader by the insertion of a
+lengthy affidavit, which accounted for every act of mine on the day of
+the alleged hoax. The main facts, as relating to the visit of De
+Berenger, are these. That early on the morning in question I had gone to
+a lamp manufactory in the city, for the purpose of superintending the
+progress of some lamps patented by me, and ordered for the use of the
+convoy of which I was about to take charge on their voyage to North
+America. Whilst thus engaged, my servant came to me with a note, which
+had been given to him by a military officer, who was waiting at my house
+to see me. Not being able to make out the name, from the scrawling style
+in which the note was written, and supposing it to have come from a
+messenger from my brother, who was then dangerously ill with the army of
+the Peninsula, and of whose death we were in daily expectation of
+hearing, I threw down the note, and replied, that I would come as soon
+as possible; and, having completed my arrangements at the lamp
+manufactory, arrived at home about two hours afterwards, when, to my
+surprise, I found De Berenger in place of the expected messenger from my
+brother. The reader may gather from my affidavit what occurred at this
+interview. (See Appendix.)
+
+The comprehensiveness of the voluntary disclosure contained in the
+affidavit has been termed indiscreet, and may have been so, as entering
+on much that might be deemed unnecessary. But I had nothing to conceal,
+believing it could in no way affect me—nor would it have done so but for
+the trickery subsequently resorted to. There was nothing extraordinary
+in the document. A poor but talented man—a prisoner within the Rules of
+the King’s Bench—came to me in the hope that I would extricate him from
+his difficulties by taking him to America in the _Tonnant_. After my
+renewed refusal, on professional grounds, De Berenger represented that
+he could not return to the Rules in his uniform without exciting
+suspicion of his absence. The room happened at the time to be strewed
+with clothes, in process of examination, for the purpose of being sent
+on board the _Tonnant_, those rejected being thrown aside; and at his
+urgent request I lent, or rather gave, him a civilian’s hat and coat to
+enable him to return to his lodgings in ordinary costume. This simple
+act constituted my offence, and was construed by the Court into
+complicity in his fraudulent conduct! though under ordinary
+circumstances, and I was aware of no other, it was simply an act of
+compassionate good nature.
+
+A very remarkable circumstance connected with this affidavit, and
+afterwards proved on the trial, was this—that on De Berenger’s arrival
+in town from Dover, he neither went to the Stock Exchange, nor to his
+employers, whoever they might be, nor did he take any steps on his
+arrival in town to _spread the false intelligence which he had
+originated_. He was proved on the trial to have dismissed his
+post-chaise at Lambeth—to have taken a hackney-coach—and to have
+proceeded straight to my house. The inference is plain, that the man was
+frightened at the nature of the mission he had undertaken, and declined
+to go through with it, preferring to try once more whether he could not
+prevail on me to take him on board the _Tonnant_, where he might remain
+till the ship sailed for North America.
+
+Had I been his confederate, it is not within the bounds of credibility
+that he would have come in the first instance to my house, and waited
+two hours for my return home, in place of carrying out the plot he had
+undertaken, or that I should have been occupied in perfecting my lamp
+invention for the use of the convoy of which I was in a few days to take
+charge, instead of being on _the only spot_ where any advantage to be
+derived from the Stock Exchange hoax could be realised, had I been a
+participator in it. Such advantage must have been immediate, before the
+truth came out, and to have reaped it, had I been guilty, it was
+necessary that I should not lose a moment. It is still more improbable,
+that being aware of the hoax, I should not have speculated largely for
+the special risk of that day.
+
+Neither, had I been his confederate, is it more probable that I should
+have declined to take him on board the _Tonnant_, when, by so doing, I
+could have effectually concealed him under another name, together with
+every trace of the plot, and could have either taken him with me, or
+have shipped him in safety to the Continent.
+
+I will here repeat what has been previously stated, that before my
+affidavit the committee of the Stock Exchange was ignorant even of the
+name of _any_ person, that my affidavit alone disclosed the necessary
+information. In other words, _I voluntarily gave the only information
+upon which the subsequent trial was based, and this disclosure was so
+complete as to leave the Stock Exchange nothing to do but to prosecute
+De Berenger_.
+
+Let me ask the common-sense question, whether this was the act of a
+guilty person, who by concealing his knowledge could have effectually
+prevented all further investigation? Or, to put the question in another
+form—would it not have been the act of an insane person, if guilty, to
+have denounced another to his own conviction, when by holding his peace
+both would have been safe from detection? To have done such an
+uncalled-for act, would have been little in accordance with the _acumen_
+for which the public had for many years given me credit. In one respect,
+my affidavit might have been an error, but it was not the _error of a
+guilty man_; viz. in not deferring to the opinion of my legal advisers,
+who wished me to confine myself to the single fact that the pretended Du
+Bourg had been traced to my house, and that I suspected De Berenger to
+be the person.
+
+My fault was, that being conscious—till too late—that nothing in the
+whole affair could in any way concern me—I was careless about my
+defence—had nothing to do with the brief beyond a few rough notes (see
+Appendix)—and never even read it after it was finally prepared for
+counsel. This was not the act of a guilty man. Yet, had I been guilty, I
+should have had every chance in my favour of acquittal; first, by
+concealing the fact that De Berenger was the stranger who came to my
+house on the 21st of February, in military uniform—and, without this
+voluntary information on my part, the case must have disappeared;
+secondly, had I really been guilty, my chance of acquittal would have
+been greater than if innocent—because the knowledge of facts which I
+must have possessed if guilty, and _could not have possessed_ if
+innocent, would have enabled me to make an effectual defence in place of
+the aimless defence which was made.
+
+If proof of my non-participation in the hoax were required, it existed,
+so far as the statement of such a person was credible, in the
+handwriting of De Berenger himself, immediately after my affidavit
+disclosing his name in furtherance of the purposes of justice; a
+proceeding on my part which might naturally be supposed to embitter him
+against me. So far from this being the case, an innate sense of justice
+on the part of De Berenger led him to admit even the truth of the
+declaration contained in the affidavit as regarded himself.
+
+ “13, Green Street, April 27th, 1814.
+
+ “SIR,—Having, I trust, given ample time and opportunity to those who
+ have endeavoured to asperse my character to learn from your own mouth
+ the circumstances which induced you to call upon me on the 21st of
+ February last, I feel it now due to myself no longer to delay this my
+ earnest request, that you will afford me that explanation.
+
+ “I am, Sir, your obedient Servant,
+ (Signed) “COCHRANE.
+
+ “Baron de Berenger.”
+
+ [De Berenger to Lord Cochrane:—]
+
+ “King Street, Westminster, April 27th, 1814.
+
+ “MY LORD,—I have the honour of acknowledging the receipt of your
+ Lordship’s favour, which has this moment been delivered.
+
+ “Rest assured, my Lord, that nothing could exceed the pain I felt when
+ I perceived how cruelly, how unfairly my unfortunate visit of the 21st
+ of February was interpreted (_which, with its object, is so correctly
+ detailed in your affidavit_); but my agony is augmented, when I
+ reflect that acts of generosity and goodness towards an unfortunate
+ man have been, and continue to be, the accidental cause of much
+ mortification to you: a fear of increasing the imaginary grounds of
+ accusation caused me to refrain from addressing you.
+
+ “I have the honour, &c.,
+ “CHAS. RANDOM DE BERENGER.”
+
+The tone of this letter, which, without answering in express terms my
+query as to the object of his visit on the 21st of February, declares
+the truth of my affidavit as to the same, and also to what occurred
+during the short time he remained there.[96] This indisposed me for
+further communication with the writer, who, finding such to be the case,
+commenced a series of vituperative epistles, the object of which was
+evidently the extortion of money. The whole of these letters were
+transmitted by me to the public press, without reply or comment, and
+were so published at the time.
+
+-----
+
+Footnote 96:
+
+ See my affidavit in the Appendix.
+
+-----
+
+A no less important admission emanated from De Berenger. The press had
+by some means or other got hold of the fact that this man, whom I had
+denounced to the Stock Exchange, was _in communication with certain
+members of the Government for the purpose of implicating me_! The
+communication does not appear to have resulted in anything further than
+was known from my affidavit, and I have reason to know that from fear of
+the man’s character, the Government abstained from committing themselves
+with him.
+
+ “King’s Bench, July 19th, 1814.
+
+ “Whereas several newspapers have asserted that I have written to Lord
+ Sidmouth, whilst others state that I have addressed the committee of
+ the Stock Exchange, &c. disclosing particulars to prove Lord
+ Cochrane’s guilt, I feel justified thus solemnly, publicly, and
+ positively to declare, That, _since my confinement here_, I have
+ neither written, or otherwise applied, directly or indirectly, to any
+ of the offices of Government for the purpose of disclosure. That I
+ have not written to any one on the subject of the 21st of February
+ last, _since the 11th instant_ (July), excepting one private letter to
+ Lord Cochrane. That the assertions in the newspapers are totally
+ false, &c. &c.
+
+ “CHARLES RANDOM DE BERENGER.”
+
+The plain inference is, that De Berenger did so _before the trial_, and
+whilst he was writing to me that the contents of my affidavit, as
+regarded himself, contained the exact truth. That he had such
+communication with both Government and Stock Exchange, before the trial,
+is beyond doubt, and part of the reasons which warrant my assertion,
+that a higher authority than the Stock Exchange was at the bottom of my
+prosecution. Deeply degraded as was the man, he affords the strongest
+_presumptive_ evidence of my non-participation in the hoax. In the next
+chapter I trust to adduce such _positive_ evidence as shall place the
+matter beyond doubt.
+
+I do not blame the Judge for not taking these matters into account, for,
+confident in my entire innocence, I could not see their importance or
+bearing, and did not even communicate them to my solicitor till too
+late.
+
+Bitter after-knowledge has however convinced me of the error of
+carelessness—even from a consciousness of innocence—when once entangled
+in the meshes of law—a word by no means synonymous with justice.
+
+Of the subject of the prosecution itself, I will here say one word. It
+was that of one set of stock-jobbers and their confederates trying—by
+means of false intelligence—to raise the price of “_time bargains_” at
+the expense of another set of stock-jobbers, the losers being naturally
+indignant at the successful hoax. The wrong was not then, and still is
+not, on the statute-book. Such a case had never been tried before, nor
+has it since—and was termed a “conspiracy;” or rather, by charging the
+several defendants—of most of whom I had never before heard—in one
+indictment, it was brought under the designation of a “conspiracy.” The
+“conspiracy”—such as it was—was nevertheless one, which, as competent
+persons inform me, has been the practice in all countries ever since
+stock-jobbing began, and is in the present day constantly practised, but
+I have never heard mention of the energy of the Stock Exchange even to
+detect the practice.
+
+I do not make these remarks to palliate deception, even at the expense
+of Stock Exchange speculators. My object is, that the present
+generation, knowing that in my early life I was imprisoned and fined
+1000_l._ for an alleged offence against the Stock Exchange fraternity,
+may understand the exact character of the accusation. It is clear that
+the influence and vindictiveness with which this most unjustifiable
+prosecution was carried out as against me, arose from motives far deeper
+than the vindication of stock-jobbing purity, viz. from a desire in more
+influential quarters to silence, if possible, an obnoxious political
+adversary; the visit of De Berenger to my house, as disclosed by myself,
+and his acquaintance with my uncle as before stated, affording a basis
+for the accomplishment of this object.
+
+Happily, Providence has implanted in the breast of man an amount of
+moral and physical energy proportioned to the wrongs and inflictions he
+may be called upon to bear, and, even in my eighty-fifth year, I am
+still left sound in mind, and with a heart unbroken, to tell my own
+story.
+
+
+
+
+ CHAP. XXXIX.
+
+ADMIRALTY INFLUENCE AGAINST ME.—APPOINTMENT OF MR. LAVIE AS
+ PROSECUTOR.—THE TRIAL.—CRANE, THE HACKNEY COACHMAN.—INDECISION OF
+ HIS EVIDENCE.—LORD ELLENBOROUGH’S CHARGE, AND UNJUSTIFIABLE
+ ASSUMPTIONS.—REPORT OF THE TRIAL FALSIFIED; OR, RATHER, MADE UP FOR
+ THE OCCASION.—EVIDENCE, HOW GOT UP.—PROVED TO BE POSITIVE
+ PERJURY.—THIS CONFIRMED BY SUBSEQUENT AFFIDAVITS OF RESPECTABLE
+ TRADESMEN.—ANOTHER CHARGE IN STORE FOR ME, HAD NOT THIS
+ SUCCEEDED.—THE CHIEF WITNESS’S CONVICTION.—HIS SUBSEQUENT
+ TRANSPORTATION AND LIBERATION.—AFFIDAVITS OF MY SERVANTS, THOMAS
+ DEWMAN, MARY TURPIN, AND SARAH BUST.—MY SECOND AFFIDAVIT.—APPEAL
+ FROM MY CONVICTION REFUSED.—EXPULSION FROM THE HOUSE.—MINORITY IN MY
+ FAVOUR.
+
+
+Had I been aware of a very curious coincidence connected with the trial
+which followed, my confidence, arising from consciousness of innocence,
+would have vanished in an instant; so that instead of indifference about
+the result, I should have seen the necessity of meeting every accusation
+with the most deliberate caution, supporting the same by every
+attainable evidence, in place of no evidence at all.
+
+The fact alluded to is this—that the same Mr. Lavie who had displayed so
+much tact on Lord Gambier’s court-martial _was selected as solicitor to
+the prosecution in the present case_, to the exclusion of the appointed
+solicitor to the Committee of the Stock Exchange! The fact was
+significant, as affording additional suspicion that an influence other
+and higher than that of the Committee was at work.
+
+As in various publications connected with Lord Gambier’s trial I had
+spoken very freely of Mr. Lavie as regarded the fabricated charts,
+exposed at the commencement of this volume, there could be no doubt of
+his not unreasonable personal animosity towards myself. But when, _after
+the trial_, I became for the first time aware that he had been employed
+to conduct it, the enigma was solved as to how I, from having
+voluntarily given the only information upon which the case could have
+originated at all, came to be mixed up in one common accusation with a
+number of persons, of most of whose very names I had never before heard.
+
+More than this, it then became but too apparent that from the selection
+of Mr. Lavie as prosecuting attorney, I was not so much the subject of a
+Stock Exchange prosecution as of the political vindictiveness of which I
+have spoken, and which had gone out of the usual course to secure his
+services. That there was collusion between a high official at the
+Admiralty and the Committee of the Stock Exchange on this point, I do
+not hesitate for one moment to assert; nor do I think, from previous
+revelations in this work, that many of my readers will be inclined to
+differ with me.
+
+I will not, however, dwell upon this matter. Whoever selected Mr. Lavie
+had a perfect right so to do, as Mr. Lavie had to accept the conduct of
+the case; the result of which is attributable to my being so satisfied
+of my own innocence as to decide that an accusation which so little
+concerned me ought not to take me from the more important duties in
+which I was employed. Had I been aware at the time of Mr. Lavie’s
+appointment, I should have known its meaning, and prepared accordingly.
+
+The principal circumstance which was held to have implicated me in the
+hoax practised on the Stock Exchange was this:—That (as gathered from my
+own voluntary information) De Berenger came to my house on the 21st
+February; but that instead of being dressed in a green uniform, as set
+forth in my affidavit, he was in scarlet uniform, that being the alleged
+costume in which he had disseminated the false intelligence at Dover. If
+this point could be proved, it was inferred that I must have had a
+motive in wrongly describing the uniform in my affidavit, and that
+motive could be none other than my own knowledge of the hoax which had
+been perpetrated. How this inference was arrived at will appear in the
+sequel.
+
+The main question relied on by the prosecution related to the colour of
+De Berenger’s coat, whether _scarlet_ or _green_: the point held by the
+Court being, that if _scarlet_, I must have made a false declaration in
+my affidavit as to its colour, and therefore must have at least known
+how De Berenger had been engaged. A _non sequitur_ truly, but
+nevertheless the one relied on for my conviction as one of the
+conspirators.
+
+The evidence was this—that when De Berenger arrived from Dover at the
+Marsh Gate, Lambeth, he exchanged the post-chaise in which he had been
+travelling for a hackney coach, in which he drove to my house,—which was
+true enough. The waterman on the stand was called as the first link in
+the chain; but as he said “he did not see that he could recollect De
+Berenger, having only seen him for half a minute,” (_Report_, p. 120,)
+this evidence is not worth commenting on, unless to remark that, failing
+to recognise De Berenger in court, the extraordinary course was taken of
+pointing him out, and then asking the witness if “he _thought_ he _was
+like_ the man who got into the coach?” The reply was “he _thought_ he
+was, but he only saw him for half a minute.”—(_Ibid._)
+
+The next witness brought forward was a man named Crane—the hackney
+coachman who drove De Berenger. In his examination, Crane did not say a
+word about the colour of De Berenger’s coat, but in his
+cross-examination swore that he had on a “red coat underneath his great
+coat” (_Report_, p. 124). At the same time he stated that De Berenger
+had with him “_a portmanteau big enough to wrap a coat in_.” Other
+witnesses proved that he had drawn down the sun blinds in the vehicle,
+so that he had abundant opportunity to exchange his red coat in which he
+appeared at Dover, for the green sharpshooter’s uniform, and this no
+doubt he had done. The person of whom the red uniform had been purchased
+also deposed, that he had carried it away from his shop in a
+portmanteau, so that there was no doubt of the capacity of the latter to
+contain the coat. In short, he left London in the uniform of the rifles,
+and put on the scarlet uniform at Dover, to assume the pretended rank of
+a staff officer. On his return to London he in like manner, no doubt,
+changed his uniform by the way.
+
+It has been shown that the waterman who opened the coach-door for De
+Berenger refused to identify him, but swore that the person alluded to
+had a red coat beneath his military coat. It is also remarkable that the
+hackney coachman, Crane, could not be got to identify him, though, like
+the waterman, he swore to the red coat. The subjoined is Crane’s
+evidence on the subject:—
+
+ MR. ADOLPHUS.—“Have you seen that person since that you drove that
+ morning?”
+
+ CRANE.—“Yes; I saw him in King Street, Westminster.” (At the
+ messenger’s house, where Crane was taken by Mr. Lavie for the purpose
+ of being identified by this witness.)
+
+ MR. ADOLPHUS.—“Do you see him in court?”
+
+ CRANE.—“I _think_ this is the gentleman here.”
+
+ MR. ADOLPHUS.—“Were you of the same opinion when you saw him in King
+ Street?”
+
+ CRANE.—“When I came down stairs he looked very hard at me.”
+
+ MR. ADOLPHUS.—“Did you know him then?”
+
+ CRANE.—“Yes: it was _something of the same appearance_, but he had
+ altered himself very much by his dress.”
+
+ MR. RICHARDSON.—“He was pointed out there as being the person in
+ custody?”
+
+ CRANE.—“No: I walked down stairs, and met the gentleman coming up
+ stairs.”
+
+ MR. RICHARDSON.—“You thought you saw a resemblance?”
+
+ CRANE.—“Yes, I thought he was _something like_ the same gentleman that
+ I had carried.”
+
+ MR. RICHARDSON.—“You do not pretend to recollect every person you
+ carry in your hackney coach every day?”
+
+ CRANE.—“_No_, but this gentleman that I took from a post chaise and
+ four: when he got out at Green Street, I saw that he had a red coat
+ underneath his great coat.”
+
+Thus, neither the waterman nor the hackney coachman would swear to _the
+man_, but to a red coat only. I have no hesitation in saying, that in a
+court of justice in the present day no weight whatever would have been
+attached to such evidence. I will, however, assume that the evidence was
+such as to carry weight, and that it was in every respect
+unexceptionable, because I shall shortly come to the reason why they
+swore to the coat, but not to the man who wore it.
+
+The case against me then stood thus. _One_ witness (the waterman), but
+no more, swore to the under coat of a person whom he had seen step from
+one vehicle into another; and _one_ witness, but no more (the hackney
+coachman) swore to the person whom he brought to my house, as having on
+a red coat beneath his military coat, but would not swear positively to
+the wearer. It was, however, to support this extraordinary evidence that
+my voluntary declaration in my affidavit, of lending De Berenger an old
+hat and coat, because he alleged that he could not return to his
+lodgings in the King’s Bench in uniform, without exciting suspicion of
+his absence from the rules, and thus endangering his securities—was
+charged against me as involving confederacy.
+
+On the evidence here adduced—and there was not a tittle beyond it, on
+the subject of the coat—the point was held by Lord Ellenborough to be
+established that De Berenger stripped off the red coat in my house! and
+as it was afterwards found in the river, his lordship charged the jury
+in a way which bore the construction of my having been also a
+participator in _that act_, though there was not a particle of evidence
+on the trial which could give even the shadow of such a conclusion, nor
+was there even a pretence on the part of the prosecution that such was
+the case. His Lordship’s address to the jury on this head is amongst the
+most remarkable that ever fell from the lips of an English judge.
+
+ “Now, gentlemen, he (_De Berenger_) is brought to the house of Lord
+ Cochrane; _further evidence afterwards arises upon the subject of his
+ being there_. We will at present follow the dress to its conclusion.
+ George Odell, a fisherman, says, ‘In the month of March, just above
+ Old Swan Stairs, off against the Iron Wharfs, when I was dredging for
+ coals, I picked up a bundle which was tied with either a piece of
+ chimney line or window line in the cover of a chair bottom; there were
+ two slips of a coat, embroidery, a star, and a piece of silver, with
+ two figures upon it; it had been sunk with three pieces of lead and
+ some bits of coal; I gave that which I found to Mr. Wade, the
+ Secretary of the Stock Exchange; it was picked up on the Wednesday,
+ and carried there on the Saturday. I picked this up on the 24th of
+ March.’ _You have before had the animal hunted home, and now you have
+ his skin_, found and produced as it was taken out of the river, cut to
+ pieces; the sinking it could have been with no other view than that of
+ suppressing _this piece of evidence_, and preventing the discovery
+ which it might otherwise occasion; this makes it the more material to
+ attend _to the stripping off the clothes which took place in Lord
+ Cochrane’s house_.”—(_Report_, p. 478.)
+
+That this unwarrantable assumption, based on no evidence whatever, of De
+Berenger’s stripping off his clothes at my house, could have anything to
+do with a coat found in the river, was positively absurd, and was not
+supported by a particle of evidence. Besides which, I had some
+reputation for shrewdness, and should not have been likely to tie up the
+coat “in an old chair cover, with three pieces of lead and some lumps of
+coal!” when the winter’s fire in my grate would in five minutes have
+destroyed the coat and its evidence together, had it been “stripped off”
+in my house, or had I been a party to its destruction. The position in
+which the coat was found, showed where it came from, viz. from the
+Southwark side of the river, where De Berenger’s lodgings were.
+
+The Judge thus proceeded:—
+
+ “De Berenger must have had that dress with him, whatever it was in
+ which he had come in the coach, and _it does not appear that he had
+ any means of shifting himself_. If he had on an aide-de-camp’s uniform
+ with a star, and so presented himself to Lord C., how could Lord C.
+ reconcile it to the duties he owed to society, to government, and to
+ his character as a gentleman, to give him the means of exchanging it?
+ It must be put on for some dishonest purpose.
+
+ “It is for you, gentlemen, to say whether it is possible he should not
+ know that a man coming so disguised and so habited,—_if he appeared
+ before him so habited_,—came upon some dishonest errand, and whether
+ it is to be conceived a person should so present himself to a person
+ who did not know what that dishonest errand was, and that it was the
+ very dishonest errand upon which he had so recently been engaged, and
+ which he is found to be executing in the spreading of false
+ intelligence for the purpose of elevating the funds. If he actually
+ appeared to Lord Cochrane stripped of his coat, and with that red coat
+ and aide-de-camp’s uniform, star and order, which have been
+ represented to you, he appeared before him rather in the habit of a
+ mountebank than in his proper uniform of a sharpshooter. This seems
+ wholly inconsistent with the conduct of an innocent and honest man;
+ for if he appeared in such an habit, he must have appeared to any
+ rational person fully blazoned in the costume of that or some other
+ crime.” (_Report_, pp. 484, 485, 486.)
+
+The preceding quotations from his Lordship’s address to the jury are
+taken from the “_revised_” report of the trial. They will appear still
+more extraordinary as quoted from the report of the _Times_ newspaper,
+taken _verbatim_ at the time. Of this no one acquainted even with
+ordinary newspaper reports will doubt the accuracy, and after having
+perused it, there will be as little doubt but that the “_revised_”
+report was subsequently altered from what really occurred in Court.
+
+The subjoined is the _Times_ report of the Judge’s speech:—
+
+ “_Having hunted down the game_, the prosecutors showed _what became of
+ his skin_, and it was a very material fact that the defendant De
+ Berenger _stripped himself at Lord Cochrane’s_. HE PULLED HIS SCARLET
+ UNIFORM OFF THERE, and if the circumstance of its not being green did
+ not excite Lord Cochrane’s suspicion, what did he think of the star
+ and medal? It became him on discovering these, as an officer and a
+ gentleman, to communicate his suspicions of these circumstances. Did
+ he not ask De Berenger where he had been in this masquerade dress? It
+ was for the jury to say whether Lord Cochrane did not know where he
+ had been. This was not the dress of a sharpshooter, but of a
+ mountebank. HE CAME BEFORE LORD COCHRANE FULLY BLAZONED IN THE COSTUME
+ OF HIS CRIME!!”
+
+The reader will not fail to perceive that in the _Times_ verbatim
+report, which is no doubt correct, the Court in every sentence affirms
+my _positive guilt_. In the “_revised_” report, his Lordship is made to
+go throughout on the hypothetical “if,” whilst in the revised report of
+the trial,—which revised report, I affirm, was made up for the
+occasion,—I am represented to have been treated with all proper
+fairness! Every evil which followed afterwards was inflicted on the
+strength of this revised report, and not on the actual transactions at
+the trial, as reported in the daily papers.
+
+This “revised” report was, indeed, a very serious matter for me. From
+the reports in the daily papers, which were unquestionably accurate, the
+public mind was in a state of great ferment at the unfairness of the
+trial as regarded myself, and therefore the prosecution got up the
+“revised” report. On its appearance, the Attorney-General said in the
+House of Commons (July 20th) “He was glad the period had arrived when
+the trial could be read at length, and thus _do away the effect of those
+imperfect statements_ (the reports of the daily papers) which _misled
+the public mind_.” The Solicitor-General, on the same date, went
+farther, and accused me of having in my defence _misrepresented and
+misquoted the Judge_, because I had quoted the reports of the daily
+papers, not having in fact any other to quote. On the testimony of that
+“revised” report further investigation was declined by the Admiralty,
+and I was dismissed from the naval service.
+
+On the strength of Crane’s evidence, the Court had held that “_De
+Berenger appeared before me blazoned in the costume of his crime—that he
+pulled off his scarlet uniform in my presence—and that, if the
+circumstance of its not being green did not excite my suspicion, what
+did I think of the star and medal?_” It is certain, that, even in the
+“revised” report of the trial, these unqualified assertions, which, put
+as they were to the jury, were sufficient for my conviction, _are not
+supported by one particle of evidence_!!
+
+But more has yet to be said of Crane’s evidence, which led to these
+expressions on the part of the Judge. It will admit of little doubt that
+a man who would swear to the colour of a coat, and would not swear
+positively (by the “revised” report) to the identity of the person who
+wore it, must have had cogent reasons for a course so extraordinary.
+
+I will now adduce those reasons:—
+
+It has been stated, that, conscious of my innocence, I took no personal
+steps for my defence, beyond forwarding a general statement of a few
+lines to my solicitors (see Appendix), that I never even read the
+completed brief which they drew up for the guidance of my counsel, nor
+was I present in court to suggest questions in cross-examination. After
+my conviction, however, it became necessary to seek additional evidence
+to support an appeal from the conviction, or an application for a new
+trial as against myself.
+
+Lord Ellenborough refused the application, _because all the persons
+tried were not present to concur in it_, though the law gave me no power
+to compel their attendance. The evidence on which it was grounded,
+however, is none the less conclusive because Lord Ellenborough and his
+colleagues declined to receive it, or even _to hear it!!_ but in place
+of so doing, at once delivered their outrageous sentence against me.
+
+This appeal was grounded on the evidence of several respectable
+tradesmen, residing in the neighbourhood of Crane, the hackney coachman,
+they voluntarily and unsolicited by me, but as an act of public justice,
+going before the Lord Mayor, and making the affidavits from which the
+subjoined extracts are taken. Not one of these tradesmen was even known
+to me or my solicitors:—
+
+ JAMES MILLER, butcher, of Marsh Gate, Lambeth, made affidavit that he
+ saw De Berenger “get out of the chaise into a hackney coach—that he
+ was _dressed in green_, with a grey great coat, and that _there was no
+ red on any part of his dress_.”
+
+ JOSEPH RAIMENT, fishmonger, Westminster Bridge Road, made affidavit
+ that he saw De Berenger “get out of the chaise into the hackney
+ coach—that his great coat was partly open, and that _the under dress
+ was dark green, like that of the sharpshooters_.”
+
+ CHARLES KING, stable-keeper, Westminster Bridge Road, made affidavit
+ that he met William Crane accidentally, and asked him what he had been
+ doing with Sayer?[97] He answered, that “he had been to see De
+ Berenger, in order to identify him, but _he could not swear to him, as
+ many faces were alike_.” But he said, using a protestation in the most
+ horrible language, too gross to repeat—“he would have a hackney coach
+ _out of them_,” meaning, as deponent believed, the prosecutors. During
+ this conversation, a person passed dressed in a grey great coat, which
+ Crane said was just like De Berenger’s, and that he (Crane) did not
+ see De Berenger’s under-dress, _as his coat was closely buttoned up_.
+
+ “Deponent further saith, that after the trial he saw Crane’s father,
+ who told him that ‘he was _going after the money_’ (meaning the
+ reward), adding that ‘_his son was considered a first-rate witness!_’
+ On this deponent asked Crane the elder ‘how he could consider his son
+ in that light, as he knew very well that had he (deponent) been
+ examined, he must have _beat him out of Court_.’ To this Crane’s
+ father replied, ‘that if he had appeared, there was the place where
+ the clothes were bought, and the post-boy.’ On deponent being severe
+ in his remarks, the father said, ‘I don’t know what they did with the
+ boy, _they had him two days locked up in the police officer’s house,
+ that he might not be tampered with_.’[98] Deponent asked him if there
+ had been any advances by the opposite party. He said, ‘None.’
+
+ “Deponent further saith, that he has seen William Crane since the
+ trial, and on deponent accusing him of going too far with his
+ evidence, he said, ‘_he would swear black was white, or anything else,
+ if he was paid for it_!’
+
+ “Deponent further saith, that before the trial, the said William
+ Crane’s coach and horses _were of a most miserable description, but
+ that since the trial he has purchased a hackney coach and horses of
+ the best description_!
+
+ “Deponent further saith, that the said William Crane’s general
+ character _is most infamous_, and his mode of expressing himself _so
+ obscene and blasphemous_ as to preclude deponent from stating the
+ exact words made use of by the said William Crane. This deponent
+ further saith, that Mr. Keir, and the groom of Colonel Taylor, were
+ present when Crane said that ‘_he would swear black was white, or
+ anything else, if he was well paid for it_.’”
+
+ RICHARD BALDWIN, servant to Mr. Keir, made affidavit “that, on the 2nd
+ of July, he was present at a conversation between Charles King and
+ William Crane, when he heard Crane, in reply to King, who had accused
+ him of having gone too far in his evidence, say that ‘_he would be
+ damned if he would not swear black was white, or anything else, if any
+ one would pay him for it_.’”
+
+ THOMAS CRITCHFIELD, Westminster Bridge Road, coach-maker, made
+ affidavit “that he knew William Crane, and that he heard him say,
+ previously to the said trial, when speaking of his father, that ‘_he
+ did not care a damn for his father_, that he was twenty-one years of
+ age, _and should soon have more money than ever his father had_.’
+
+ “Deponent further said that _since_ the trial the said William Crane
+ has been enabled _to purchase a very good hackney coach, with horses
+ and harness_, though _previous_ to the trial his coach and horses were
+ of the most miserable description. Deponent lastly saith, that the
+ said William Crane _is a man of the most infamous character, and this
+ deponent positively declares that he would not believe him on his
+ oath_.”
+
+ JAMES YEOWELL, of Silver Street, Falcon Square, ticket porter, made
+ affidavit “that _a few days after the 21st of February_, William Crane
+ told him that the person whom he took from a post-chaise and four at
+ the Marsh Gate, was NO OTHER THAN LORD COCHRANE HIMSELF! that he knew
+ Lord Cochrane as well as he knew him (deponent). That he _had driven
+ Lord Cochrane from the Opera House, and other places of amusement
+ twenty times_, and described Lord Cochrane as a tall man, with a long
+ face and red whiskers.
+
+ “Deponent further saith, that after the trial he (deponent) accused
+ the said William Crane _of perjury_, in having sworn to De Berenger as
+ the man taken up by him at the Marsh Gate, whereas he had _previously
+ declared_ before the Stock Exchange Committee that LORD COCHRANE WAS
+ THE PERSON! Whereupon Crane refused to converse with him further on
+ the subject.
+
+ “This deponent further saith, that having on the same day again met
+ William Crane, he inquired if he had received the reward offered by
+ the Stock Exchange Committee, when he, the said William Crane,
+ admitted that _he had received a part, and expected more_.”
+
+ JAMES LOVEMORE, of Clement’s Lane, made affidavit “that he heard the
+ said James Yeowell interrogate William Crane as to the person of Lord
+ Cochrane, and that Crane said he knew Lord Cochrane as well as he did
+ him (Yeowell), and that he had driven Lord Cochrane from the Opera
+ House and other places of amusement, _twenty times_, and Crane further
+ declared that _it was Lord Cochrane_ whom he drove from the
+ post-chaise and four at the Marsh Gate, Lambeth, and described his
+ Lordship as a tall man with a long face and red whiskers.”
+
+-----
+
+Footnote 97:
+
+ A messenger of the Court.
+
+Footnote 98:
+
+ The post-boy admitted on the trial that he had several previous
+ examinations, and that he _received_ 52_l._ _for his evidence_!
+
+-----
+
+Such was a portion only of the facts which I was prepared with in my
+appeal to Lord Ellenborough and his colleagues. But, as before said, the
+same judge refused to listen to the appeal, not on the ground of my
+having no evidence to rebut the perjury of Crane, but because _all the
+persons convicted were not present in Court to join in the appeal_. It
+was the rule of Court, which I had no power to alter, though, as has
+been seen in a recent chapter, Lord Campbell, in his “Lives of the Chief
+Justices,” states, that such a case had _only been ruled once, and that
+in this case it ought to have been overruled_.
+
+In the two affidavits last adduced there is abundant proof that if the
+resource of the _red coat_ had not been adopted, Crane was prepared to
+swear that _it was I whom he had driven from the Marsh Gate to my own
+house_! the conclusion being that I was the pretended De Berenger. Crane
+evidently knew my personal appearance, as did most persons in London,
+and said, further, that he knew me from having driven me _twenty times
+to the Opera_; the fact being that I was never at the Opera but twice in
+my life, and once in the vestibule, when I was refused admittance from
+not being in full evening dress, the deficiency consisting in wearing
+white pantaloons on a very hot day.
+
+It should be remembered, that Crane stated this before the Committee of
+the Stock Exchange _soon after the 21st of February_, i. e., _before_ I
+had given the clue to De Berenger in my affidavit as the person who
+visited my house on the morning of that day. _After_ I had thus
+disclosed the name of De Berenger, the project of proving by the perjury
+of Crane that _I was the pretended Du Bourg_, was given up by the
+prosecution,—from the dissimilarity of his personal appearance to mine;
+and then—_but not till then_—was the equally atrocious perjury of the
+_red coat_ resorted to.
+
+Upon the evidence of such a man as Crane was I convicted, and refused an
+appeal from the conviction, or a new trial because the defendants to the
+indictment were not all in Court!! It was “_a rule of Court_,” which, as
+Lord Campbell says, ought to have been in my case overruled, but Lord
+Ellenborough refused to hear a word of the abundant evidence _then in my
+hand_ and available for my exculpation. Crane’s evidence that De
+Berenger had on a red coat, was relied on, but the far more reliable
+evidence that the coat was “_green_,” as I had stated, was repudiated.
+Crane had boasted that “_he would swear black was white, if well paid
+for it_”—and I held in my hand the most reliable evidence that from the
+money he had been paid for his perjury, he had bought “_a new coach,
+horses, and harness_.” None of these circumstances were allowed to be
+received in Court, or even listened to, because all the persons included
+in the indictment were not present, though, as Lord Campbell has well
+said, the rule of Court in my case ought, under the peculiar
+circumstances, to have been overruled.
+
+A few more particulars relative to this _convict_, Crane,—for such was
+his subsequent fate,—are necessary to enable the reader to judge of my
+prosecution and those who selected this man as their chief witness.
+
+Not long after the trial, the solicitor of Mr. Cochrane Johnstone wrote
+me to the following effect relative to a discovery made when too late as
+to Crane’s character:—
+
+ “This fellow has lately been prosecuted by Mr. Dawson, before the
+ Commissioners of the Hackney Coach Office, for brutality and general
+ misconduct. This offence was so flagrant that the _severest
+ punishment_ was inflicted, and at present he is under a long
+ suspension. He is a worthless rascal, and if Mr. D. can do your
+ Lordship any service, you have only to command it.”
+
+Enclosed in the above communication was the following extract from the
+_Times_ newspaper of May 25th, 1814:—
+
+ “On Friday last, William Crane, driver of the hackney coach No. 782,
+ was summoned before the Commissioners on a charge of cruelty to his
+ horses, and for abuse to a gentleman who noticed his conduct. The
+ circumstances detailed were so shocking as to induce the Commissioners
+ to observe that they never _heard a more atrocious case_. They would
+ have inflicted a pecuniary penalty, but as it must necessarily be paid
+ by his father, they ordered him instead to be suspended from driving
+ any hackney coach for three months.”
+
+The trial, which resulted in my conviction, _on this very man’s
+evidence_, took place on the 8th of June, 1814, _only a fortnight after
+his conviction of the atrocity just quoted_! so that at the moment of
+giving his evidence this man was himself under punishment for an offence
+pronounced by the Commissioners to be “_so shocking that they never
+heard of a more atrocious case_”!!! Had this information been available
+at the trial, the jury would have paid but small attention to Crane’s
+evidence.
+
+Crane was convicted of stealing twenty sovereigns and other property
+under circumstances no less atrocious. He was sentenced to
+transportation for seven years, but at the expiration of three years
+_received a free pardon from the Government on his own petition_.
+
+The subjoined certificate from the officials of Newgate, however, place
+his conviction and premature pardon by the Secretary of State in 1830
+beyond doubt:—
+
+ “Office, Newgate, 23rd October, 1830.
+
+ “I do hereby certify that William Crane (aged 33) was committed to
+ this gaol on the 17th of February, 1826, by J.C. Conant, Esq., for
+ ‘stealing a box, a pair of scissors, and twenty sovereigns, the
+ property and moneys of William Bucknall;’ tried before Mr. Sergeant
+ Arabin on the 20th of February, convicted and sentenced to
+ transportation for seven years, and that he was removed on the 23rd of
+ March following, on board the _Justitia_ hulk at Woolwich.”
+
+ Endorsement at the back of this certificate:—
+
+ “William Crane has been discharged from the hulks _on petition to the
+ Secretary of State_, and is now again driving the coach No. 781,
+ belonging to his father! Crane’s discharge took place Thursday before
+ last.
+
+ “13th November, 1830.”
+
+ (No signature, but evidently a police memorandum.)
+
+These facts will be sufficient to convince the reader of my innocence as
+regarded the evidence of Crane, the hackney coachman. Yet his evidence
+was laid before the jury as of the highest reliable kind, whilst the
+very facts relative to his character, even to his being under conviction
+whilst giving his evidence, Lord Ellenborough and his colleagues refused
+to hear, because all the parties convicted were not present in Court. It
+is scarcely possible to imagine greater injustice and folly, even in
+that day.
+
+So little apparent danger was there of the possibility of my being
+declared implicated in this hoax, that even my solicitors had not taken
+the precaution of summoning my servants to give evidence as to the kind
+of dress worn by De Berenger; though during the period he remained in my
+house, previous to my arrival from the lamp-maker’s, where, on receiving
+his letter, I was busily engaged, and amidst the busy operations of
+packing my clothes, and other effects, to be sent on board the
+_Tonnant_, he had been seen by nearly all my servants, the selection of
+clothing being carried on in the very room in which he was waiting my
+return for nearly two hours.
+
+On my appeal to the Court of King’s Bench, I provided myself with the
+following affidavits from such of my servants as had come in contact
+with De Berenger, whilst waiting at my house:—
+
+ “THOMAS DEWMAN, servant to Lord Cochrane, maketh oath, and saith, that
+ he, this deponent, has lived with branches of Lord Cochrane’s family
+ for nearly twenty years; that he attended Lord Cochrane last year to
+ take letters and go on errands, and that he has been in the habit of
+ going to Mr. King’s manufactory almost every day; that this deponent
+ was in Lord Cochrane’s house, in Green Street, Grosvenor Square, on
+ the 21st day of February last, when an officer came in a
+ hackney-coach, about ten o’clock in the morning; that this deponent
+ opened the door and spoke to the officer in the coach, who asked if
+ Lord Cochrane was at home; that this deponent replied he was not, upon
+ which the officer asked the deponent, if he knew where Lord Cochrane
+ was gone to, which deponent answered that he believed his Lordship was
+ gone to breakfast with his uncle in Cumberland Street; that the
+ officer then asked him if he could let him have a slip of paper and a
+ pen and ink, which this deponent said he could; that this deponent
+ then opened the coach door, and the officer came into the house, and
+ went into the parlour, where this deponent gave him a small slip of
+ paper, upon which he wrote a few lines by way of note, and desired
+ this deponent to take the same to Lord Cochrane in Cumberland Street;
+ that this deponent went immediately into Cumberland Street, but
+ finding that Lord Cochrane was gone, he returned with the note to the
+ officer in Green Street; that on his return the officer asked deponent
+ if he knew where he could find him, that deponent then told the
+ officer he had been ordered by Lord Cochrane to follow him to Mr.
+ King’s manufactory with a glass globe, and thought it probable he
+ might meet with his Lordship there, and if he did not, he would then
+ go to the Admiralty, where he understood his Lordship was to go that
+ day; that the officer then took back the note from this deponent,
+ opened it, and wrote a line or two more, and then re-sealed it and
+ gave it to deponent, requesting him to take it immediately to Mr.
+ King’s manufactory, and that if he did not meet with Lord Cochrane
+ there, he would take the note to the Admiralty, and if his Lordship
+ had not been at the Admiralty, to leave it there; that on the
+ officer’s requesting deponent to go to Mr. King’s manufactory, he told
+ the deponent that his finding Lord Cochrane was of consequence, and
+ therefore begged deponent to be as expeditious as he could, and, if
+ necessary, to take a coach; that this deponent did not take a coach,
+ but went instantly to Mr. King’s manufactory, where he met Lord
+ Cochrane, and delivered him the note, which he opened in deponent’s
+ presence; that upon opening the note, Lord Cochrane asked deponent
+ several times if he knew who the gentleman was that had written it,
+ and upon deponent’s informing him that he did not, Lord Cochrane made
+ several inquiries as to his appearance and dress, observing that he
+ could not make out the whole of the note, or who it came from; to this
+ deponent answered, that he was an army officer; upon which Lord
+ Cochrane having torn the note, threw it down, and then said, ‘Very
+ well, Thomas, I’ll go back;’ that from Lord Cochrane’s manner and
+ appearance, and the questions he put to deponent, on his delivering
+ the note, this deponent verily believes that his Lordship did not know
+ from whom it came. And this deponent further saith, that when the
+ officer came into Green Street, as above stated, he _was dressed in a
+ great grey coat, such as the Guards wear, which was buttoned very
+ close round the body up to the breast, and that such part of the under
+ coat as he could see was of a dark-green_ colour; that upon the
+ officer’s coming out of the coach into Lord Cochrane’s house, he
+ brought with him a sword, and a small leather clothes-bag or
+ portmanteau, which deponent believes might have held a change of
+ clothes. That this deponent further saith, that he was hired by his
+ Lordship at Christmas last to go into the country, and relieve Richard
+ Carter, his Lordship’s sea-steward; that this deponent left London
+ about the 25th day of February, and Richard Carter, the sea-steward,
+ then came to town, for the purpose of accompanying Lord Cochrane to
+ his ship.
+
+ “THOMAS DEWMAN.
+
+ “Sworn in Court, June 14th,
+ “1814. By the Court.”
+
+ “MARY TURPIN, cook-maid to Lord Cochrane, maketh oath and saith, that
+ she went into his Lordship’s service on the 18th day of February last,
+ and that she was in the house on the 21st day of February, when an
+ officer came there, and that she was in the kitchen at the time the
+ coach drove to the door; that she saw an officer alight from the coach
+ and come into the house; that he arrived a little before nine o’clock;
+ that this deponent went twice into the parlour while the officer was
+ there, and doth most positively swear, _that he wore a great grey
+ coat, buttoned up, with a dark-green collar or facing under it_. That
+ the officer had with him a dark military cap with a gold band round
+ it, and also a sword, and a small portmanteau.
+
+ “MARY TURPIN.
+
+ “Sworn in Court, June 14th,
+ “1814. By the Court.”
+
+ “SARAH BUST, of No. 4, Great Marylebone Street, in the county of
+ Middlesex, spinster, maketh oath and saith, that she lived a servant
+ to Lord Cochrane for nearly twelve months, and that she quitted his
+ service on the evening of the 21st of February last; that she well
+ remembers an officer coming to his Lordship’s house in Green Street,
+ on the morning of that day; that the officer sent the man-servant out;
+ that the officer _had on a grey great coat, which was buttoned up to
+ the breast_, and that the neck of his under coat or such part as she
+ could see, was a _dark green_, and he had also with him a military
+ cap.
+
+ “SARAH BUST.
+
+ “Sworn at my Chambers,
+ “June 13th, 1814. Before me,
+ “S. LE BLANC.”
+
+To this I will append my second affidavit:—
+
+ “Sir THOMAS COCHRANE, commonly called Lord Cochrane, one of the
+ above-named defendants, maketh oath and saith, that the several facts
+ and circumstances stated in his affidavit, sworn on the 11th day of
+ March last, before Mr. Graham the Magistrate, are true. And this
+ deponent further saith, that in addition to the several facts and
+ circumstances stated in his said affidavit, he deposeth as follows;
+ that is to say: That he had not, directly or indirectly, any concern
+ whatever in the formation, or any knowledge of the existence, of an
+ intention to form the plot charged in the indictment, or any other
+ scheme or design for affecting the public funds. That the sale of the
+ pretended omnium, on the 21st day of February, was made in pursuance
+ of orders given to his broker at the time of the purchase thereof, on
+ or about the 14th of that month, to sell the same whenever a profit of
+ one per cent. could be realised: and that those directions were given,
+ and the sale thereof took place, without any knowledge, information,
+ hint, or surmise, on the part of this deponent, of any concern or
+ attempt whatever, to alter the price of the funds; and the said sale
+ on the 21st took place entirely without this deponent’s knowledge.
+ That when this deponent returned home from Mr. King’s manufactory on
+ the 21st of February, which he did directly after the receipt of a
+ note, he fully expected to have met an officer from abroad, with
+ intelligence of his brother, who had, by letter to this deponent,
+ received on the Friday before, communicated his being confined to his
+ bed, and severely afflicted by a dangerous illness, and about whom
+ this deponent was extremely anxious; but this deponent found Capt. De
+ Berenger at his house, in a _grey_ great coat, and a _green_ jacket.
+ That this deponent never saw the defendants Ralph Sandom, Alex. M’Rae,
+ John Peter Holloway, and Henry Lyte, or any or either of them, nor
+ ever had any communication or correspondence with them, or any or
+ either of them, directly or indirectly. That this deponent, in
+ pursuance of directions from the Admiralty, proceeded to Chatham, to
+ join His Majesty’s ship the _Tonnant_, to which he had been appointed
+ on the 8th day of February last. That the ship was then lying at
+ Chatham. That, previous to the 8th day of February, this deponent
+ applied to the Admiralty for leave of absence, which was refused,
+ until this deponent had joined the said ship, and had removed her down
+ to Long Reach; that this deponent, in pursuance of those directions,
+ removed the said ship from Chatham to Long Reach, and after that was
+ done, viz. on Saturday the 12th day of the said month, this deponent
+ wrote to the Admiralty to apply for leave of absence for a fortnight,
+ for the purpose of lodging a specification for a patent, as had been
+ previously communicated by this deponent to their Lordships; that
+ leave of absence was accordingly granted for fourteen days, commencing
+ on the 14th of the said month; that this deponent was engaged in
+ London, expecting the said specification, till the 28th of the said
+ month, when the said specification was completed, and this deponent
+ left town about one o’clock on the morning of the 1st of March, and
+ arrived at Chatham about daylight on the same morning: that on the 8th
+ or 9th of the same month of March, this deponent received an
+ intimation that placards were posted in several of the streets,
+ stating that a pretended Colonel De Bourg had gone to this deponent’s
+ house in Green Street; that at the time this deponent received this
+ intimation, he was on board the said ship at Long Reach, and in
+ consequence went to Admiral Surridge, the Port Admiral at Chatham, to
+ obtain leave of absence, which was granted; previous to the receipt of
+ the leave forwarded by the Lords Commissioners of the Admiralty, this
+ deponent arrived in London, on the 10th of that month, to the best of
+ his belief; and that after his trial, he himself, conscious of his own
+ innocence, and fearing no consequences from a development of his own
+ conduct, and desiring only to rescue his character from erroneous
+ impressions, made by misrepresentations in the public prints, he,
+ without any communication whatever with any other person, and without
+ any assistance, on the impulse of the moment, prepared the
+ before-mentioned affidavit, which he swore before Mr. Graham, the
+ Magistrate, on the 11th; that at the time he made such affidavit, he
+ had not seen or heard the contents of the Report published by the
+ Committee of the Stock Exchange, except partial extracts in the
+ newspapers; that when the deponent understood that the prosecution was
+ to be instituted against him, he wrote to Admiral Fleming, in whose
+ service Isaac Davis, formerly this deponent’s servant, then was, under
+ cover to Admiral Bickerton, at Portsmouth, and that Admiral Bickerton
+ returned the letter, saying that Admiral Fleming had sailed for
+ Gibraltar; that this deponent sent his servants, Thomas Dewman, Sarah
+ Bust, and Mary Turpin, on the trial of his indictment, to prove that
+ an officer came to this deponent’s house on the morning of the said
+ 21st of February, and to prove the dress that he came in; but that the
+ said Thomas Dewman only was called, and, as this deponent has been
+ informed, he was not interrogated as to the dress in which the said
+ officer came to his house; and this deponent further saith, that had
+ the said witnesses been examined according to the directions of this
+ deponent, and who were in attendance on the Court for that express
+ purpose, they would, as he verily believes, have removed every
+ unfavourable conclusion respecting this deponent’s conduct, drawn from
+ the supposed dress in which the said De Berenger appeared before the
+ deponent on the 21st of February, and on which circumstances much
+ stress was laid in the charge to the jury, the said De Berenger’s
+ dress being exactly as stated in this said deponent’s former affidavit
+ hereinbefore mentioned: and this deponent solemnly and positively
+ denies, that he ever saw the said De Berenger in a scarlet uniform,
+ decorated by medals, or other insignia; and he had not the least
+ suspicion of the said De Berenger being engaged in any plot respecting
+ the funds, but merely believed he wished, for the reasons stated in
+ deponent’s former affidavit, to go on board this deponent’s ship, with
+ a view to obtain some military employment in America; and this
+ deponent declined complying with his request to send him on board his
+ ship without permission, or an order from the Admiralty: and this
+ deponent further saith, that he was in no degree intimate with the
+ said De Berenger; that he had no personal knowledge of his private or
+ public character; that he never asked the said De Berenger to his
+ house, nor did he ever breakfast or dine with this deponent therein,
+ on any occasion whatsoever; and further, this deponent saith, that he
+ had been informed, and verily believes, that the jury who tried the
+ said indictment, and the counsel for the defence, were so completely
+ exhausted and worn out by extreme fatigue, owing to the Court having
+ continued the trial without intermission for many hours beyond that
+ time which nature is capable of sustaining herself without refection
+ and repose, that justice could not be done to this deponent.”
+
+ “COCHRANE.
+
+ “Sworn in Court, June 14, 1814.
+ By the Court.”
+
+With such documents in my hand I was refused a new trial, for reasons
+hereafter to be adduced. Of the vindictiveness with which I was pursued,
+there can be no better proof than that the other parties convicted on
+clear evidence were let off with imprisonment and half the fine
+inflicted on myself and Mr. Butt; whilst we, who had nothing to do with
+the matter, were fined 1,000_l._ and in addition sentenced to the
+barbarous punishment of the pillory. I advisedly say “we,” for I will
+here put on record my conscientious belief that Mr. Butt had no more to
+do with the hoax than myself. I give this testimony to the memory of a
+truly excellent man, whose misfortune it was to have become the dupe of
+others, without the least hope of benefit to himself.
+
+It is impossible in an autobiography like the present to go into the
+entire case _seriatim_, as it would be easy to bring forward other
+proofs as clear as those now adduced. The evidence of Crane was,
+however, the important point. I have now laid before the reader the
+documents which the Court of King’s Bench declined to entertain, and
+have no doubt as to what his decision must be. Whether was it the more
+probable, that a man in my position, with nothing to gain by it, should,
+in order to commit a fraud, conspire with several other persons of whose
+names he had never before heard, and then swear that I did not commit
+it—or, that such a man as Crane, at the moment of giving his evidence,
+himself under conviction and sentence for a heinous offence, should
+swear falsely to the colour of a coat for a pecuniary reward? I, to whom
+the public voice, and the rewards of my sovereign, had elevated to an
+honourable rank in my profession, or a hackney coachman, under
+conviction at the moment of giving his evidence, and known in his own
+line of life to have been the most depraved of one of the most depraved
+classes of society?
+
+My conviction was followed by expulsion from the House of Commons, and
+was voted by a majority of 140 to 44. But that in a House like the one
+with which the reader is now well acquainted, _forty-four_ independent
+gentlemen should be found to believe in my innocence, in the teeth of
+the ministers of the day, of whom Lord Ellenborough was one, the same
+ministry being, as personified in Lord Castlereagh and Mr. Croker, is
+perhaps as good proof of innocence as could be desired,—certainly as
+great as could be expected.
+
+It is with no small pride that I publish the names of the minority.
+There are those amongst them whose testimony will weigh with posterity:—
+
+ “LIST OF THE MINORITY
+
+ WHO VOTED AGAINST THE EXPULSION OF LORD COCHRANE.
+
+Allan, G.
+Atherley, A.
+Barham, S.
+Bennet, Hon. H.
+Brand, Hon. T.
+Brown, D.
+Brydges, Sir E.
+Burdett, Sir F.
+Burrel, Hon. P.
+Butterworth, Jos.
+Challoner, R.
+Ebrington, Visc.
+Flood, Sir F.
+Gaskell, B.
+Grant, Ch., sen.
+Grant, J.P.
+
+Hughes, W.
+Lambton, J.
+Lloyd, H.
+Macginnis, —
+Maddox, Wm.
+Martin, J.
+Mildmay, Sir H.
+Mills, Rt.
+Montgomery, Sir H.
+Moore, P.
+Newman, Rt.
+Nugent, Lord.
+Ossulston, Lord.
+Ponsonby, Rt. Hon. G.
+Power, R.
+
+Rancliff, Lord.
+Rashleigh, Wm.
+Richards, Rt.
+Ridley, Sir M.
+Russell, Lord Wm.
+Simpson, G.
+Smith, W.
+Tavistock, Marq. of
+Western, C.
+Whitbread, S.
+Williams, Sir R.
+Wortley, J.
+
+ TELLERS.
+
+Lord A. Hamilton.
+A. Brown.”
+
+
+ ------------------------------------
+
+
+ CHAP. XL.
+
+REMARKS ON LORD ELLENBOROUGH’S DIRECTIONS.—PROOFS OF THIS FALLACY.—HIS
+ ASSUMPTION OF THINGS NOT IN EVIDENCE, AND UNWARRANTABLE
+ CONJECTURES, IN POSITIVE OPPOSITION TO EVIDENCE.—HIS DESIRE TO
+ CONVICT OBNOXIOUS PERSONS.—LEIGH HUNT, DR. WATSON, AND HONE.—LORD
+ ELLENBOROUGH A CABINET MINISTER AT THE TIME OF MY TRIAL.—MY
+ CONVICTION A MINISTERIAL NECESSITY.—VAIN ATTEMPTS TO GET MY CASE
+ REHEARD.—LETTER TO LORD EBRINGTON.—THE IMPROBABILITY OF MY
+ GUILT.—ABSURDITY OF SUCH IMPUTATION.—LETTER OF SIR ROBERT
+ WILSON.—LETTER OF THE LATE DUKE OF HAMILTON.—MR. HUME’S
+ LETTER.—CAUSES FOR MY PERSECUTION.—TREATMENT OF THE PRINCESS
+ CHARLOTTE, WHO FLED TO HER MOTHER’S PROTECTION.—SYMPATHY OF THE
+ PRINCESS FOR MY TREATMENT—MY POPULARITY INCREASED THEREBY.— MINE
+ REALLY A STATE PROSECUTION.—RESTORATION OF SIR ROBERT WILSON.—MY
+ RESTORATION INCOMPLETE TO THIS DAY.
+
+
+If such evidence as has been exposed in the last chapter was unreliable,
+the use made of it by the Bench was unjustifiable. Crane deposed to De
+Berenger’s having with him “a portmanteau big enough to wrap a coat in.”
+The person of whom the coat was bought deposed to his taking it away in
+this portmanteau, yet the judge—despite the obvious consideration, that
+De Berenger could not have gone to Dover in this splendid and ornamented
+dress, but must have had some other dress for his journey—charged the
+jury that “it did not appear that De Berenger _had the means of shifting
+himself_!” He had the means of putting on the red coat at or near Dover,
+and what doubt could there be that his portmanteau supplied the means of
+again shifting it after his return? The evidence on the trial showed
+that shortly before reaching London he _drew down_ the sun-blinds of the
+chaise, when there can be no reasonable doubt that he changed it for the
+green one in which he went to Dover, and which had been temporarily
+placed in the portmanteau. Crane, as has been shown by his own words,
+gave his evidence _under the expectation of reward_, and had no doubt
+been instructed that a _red coat was the very thing wanted_.
+
+On the evidence of this man Crane, the jury was further charged that De
+Berenger not only entered my house in a red uniform, but that it was
+also decorated _with a star and medal_! There was nothing in the
+testimony of Crane or the waterman, which even related to a star and
+medal. They never gave the slightest intimation of De Berenger’s wearing
+any such ornaments; but as he appeared to have worn some ornaments of
+the kind at Dover, this is _prima facie_ proof that he _had changed_ his
+coat on his return, otherwise both Crane and the waterman must have seen
+ornaments so conspicuous.
+
+Still a star, like a red coat, was wanted to convict me, and a leading
+question to the postboy—who admitted that, _previous_ to the trial, _he
+had received 52l.!!!_ was, whether he had seen a star? His reply was
+that he had seen something of the kind, but that “_he could not swear
+what it was_.” He nevertheless said that he had “opened the
+chaise-door,” and therefore must have been within a yard of the star, if
+star there were, so that his refusal to swear to it is palpable proof
+that De Berenger _wore no star on his return_, this being no doubt on
+the red coat in the portmanteau. Yet, said Lord Ellenborough to the
+jury, “HE PULLED OFF HIS SCARLET UNIFORM AT LORD COCHRANE’S HOUSE. HE
+CAME TO LORD COCHRANE FULLY BLAZONED IN THE COSTUME OF HIS CRIME.”
+(_Times’ report of the trial._)
+
+The fact that De Berenger had with him, according to Crane’s evidence,
+“a portmanteau big enough to wrap a coat in,” was not laid before the
+jury, nor the obvious inference, that he must, beyond doubt, have
+conveyed his scarlet coat to Dover in that portmanteau, because a man
+whom the Solicitor-General said “_was no fool_,” would not have
+committed such an act of folly as _prematurely_ to array himself in so
+remarkable a dress, intended for so criminal a purpose.
+
+A circumstance strongly inferential, occurred which went far to prove
+that De Berenger _had changed_ his dress before coming to my house. On
+the first part of the journey he was proved to have worn a sword,
+unquestionably as essential to his assumed character. But before he came
+to my house, he had disengaged himself from the sword, for Crane swore
+that on entering, he “took out of the chaise a portmanteau and a
+_sword_, and went in.” So that, according to the evidence of Crane
+himself, the chief witness for the prosecution, _he had made one
+material alteration in his appearance_. Why should De Berenger have worn
+his sword up to the last stage from Dover, during which he “pulled down
+the sunblinds,” and then have taken it off, but for the plain reason
+that he could not change his scarlet coat for his green uniform without
+first taking off his sword, which he had not replaced, but laid it on
+the chaise-seat during the operation. Not a word of this was allowed to
+go to the jury, though if—as Lord Ellenborough argued—he had been
+regardless of exhibiting himself to me in the false character of a
+military officer, he _would hardly have taken off his sword_! These
+facts were not only proofs that a partial change of dress had been made,
+but that an entire change had been effected, to which the removal of the
+sword was absolutely necessary. Had my servants been called upon the
+trial, their testimony, as seen in their affidavits contained in the
+previous chapter, must have been decisive.
+
+It has been stated, that at the instance of Mr. Cochrane Johnstone, Sir
+Alexander Cochrane applied to the Admiralty for permission to engage De
+Berenger, and the records of the Admiralty would then, as no doubt they
+will now, prove the fact. There was not a word passed on the subject at
+the trial, nor any witness brought from the Admiralty to decide the
+point. Yet Lord Ellenborough put it to the jury as beyond doubt, _that
+it was I or Mr. Cochrane Johnstone, who was also a defendant in the same
+prosecution, who applied to Sir Alexander for his engagement_!—thus
+making this unfounded but important fact part of his direction to the
+jury. Here are the judge’s words:—
+
+ “There is no doubt that Sir Alexander Cochrane had, on some
+ application from Mr. Cochrane Johnstone, _or Lord Cochrane_, applied
+ for him.” (_Report_, p. 483.)
+
+It is difficult to account for the judge’s motive in making such a
+statement, wholly unsupported by evidence. Neither was there even an
+attempt to show that I had ever interfered or even interested myself in
+any application on De Berenger’s behalf. The fact of Sir Alexander
+Cochrane having made the application was most important for my defence,
+because it added greatly to the probability of my statement in my
+affidavit, and accounted for the conduct of De Berenger in presuming to
+call on me to request a passage to America. This Lord Ellenborough
+completely neutralised by telling the jury that _it was I_ who applied
+to Sir Alexander for his employment; the impression made on the minds of
+the jury being, that notwithstanding I disclaimed all knowledge of the
+man, I had been on terms of intimacy with him before the application was
+made!
+
+The judge then declared as follows:—“But it does not rest there; for he
+himself lends to this person the immediate means of concealment,—he lets
+him have a hat _instead of his laced cap; and what had such a cap to do
+with a sharpshooter’s uniform?_” (_Report_, p. 485.) I had never said a
+word about a “laced cap,” nor had I ever seen De Berenger’s cap, for, as
+one of my servants testified, it lay in the hall. After this direction
+to the jury and my consequent conviction, I made it my business to
+ascertain what kind of cap was worn by the adjutant of Lord Yarmouth’s
+rifle-_corps_, and, to my great surprise and indignation, discovered
+that the regimental head-dress of De Berenger was a black cap _with a
+spacious gold band upon it, a long gold tassel pendant, and a death’s
+head and marrow-bones in bronze!_—so that sharpshooters _had_ something
+to do with laced caps.
+
+Still more extraordinary was the judge’s observation to the jury:—“The
+uniform of the rifle-corps is of a bottle-green colour, made to resemble
+the colour of trees, that those who wear it may hide themselves in
+woods, and escape discovery there.” (_Report_, p. 478.) This was in
+direct opposition to the evidence, for Lord Yarmouth had actually
+testified in Court that the uniform of the corps was “waistcoat-green,
+with _a crimson cape_!”
+
+ MR. PARK.—“What is the uniform of your _corps_?”
+
+ LORD YARMOUTH.—“The uniform is the waistcoat-green, with a _crimson
+ cape_.”
+
+ MR. PARK.—“A bottle-green, is it not?”
+
+ LORD YARMOUTH.—“Some have got it a little darker than others, but it
+ should be a deep bottle-green, with a _crimson collar_.”
+
+I have merely taken these instances at random, and without comment
+further than necessary to enable the reader to comprehend them. As my
+judge is no longer here to reply to me, I abstain from comment, however
+much it might tend, now that the party spirit which ruined me has died
+out, to establish my innocence. Still I cannot refrain from adducing a
+few extracts from Lord Campbell’s work, relative to the trials of
+politically obnoxious persons.
+
+Lord Ellenborough’s efforts to convict Leigh Hunt of libel, and the
+verdict of “Not Guilty” pronounced by an indignant jury, are matters
+within the memory of many now living. “Such scandal,” says Lord
+Campbell, “was excited by the mode in which Government prosecutions for
+libel were now instituted and conducted, that Lord Holland brought the
+subject before the House of Lords. The violence of Lord Ellenborough
+when opposing Lord Holland’s motion, is foreign to the subject of the
+present work. Sir James Mackintosh, who heard it, expressed himself
+‘disgusted with its dogmatism.’” (_Lord Campbell_, vol. iii. p. 205.)
+
+The subjoined are Lord Campbell’s remarks when introducing the subject:—
+
+ “He did his best to convict Leigh Hunt, then the editor of the
+ _Examiner_, upon an _ex officio_ information for publishing an article
+ against the excess to which the punishment of flagellation had been
+ carried in the army.
+
+ “‘Gentlemen;’ said he to the jury, ‘we are placed in a most anxious
+ and awful situation. The liberty of the country—everything we
+ enjoy—not only the independence of the nation, but whatever each
+ individual amongst us prizes in private life, depends upon our
+ fortunate resistance to the arms of Buonaparte and the force of
+ France, which I may say is the force of all Europe, combined under
+ that formidable foe. It becomes us, therefore, to see that there is
+ not, in addition to the prostrate thrones of Europe, an auxiliary
+ within this country, and that he has not the aid for the furtherance
+ of his object _of a British press_.’”
+
+ * * * * * * * *
+
+ “‘This publication is not to draw the attention of the legislature or
+ of persons in authority _with a view to a remedy_, but seems intended
+ to induce the military to consider themselves as more degraded than
+ any other soldiers in the world, and to make them less ready at this
+ awful crisis to render the country that assistance without which we
+ are collectively and individually undone. _I have no doubt but that
+ this libel has been published with the intention imputed to it, and
+ that it is entitled to the character given to it in the information._’
+
+ “Nevertheless, to the unspeakable mortification of the noble judge,
+ the jury found a verdict of _Not Guilty_.” (Lord Campbell’s _Lives of
+ the Chief Justices_, vol. iii. pp. 201-203.)
+
+The following are Lord Campbell’s remarks on the verdict in the seven
+days’ trial of Dr. Watson on a charge of high treason. After charging
+the jury,
+
+ “He asked them whether they would take some refreshment before they
+ left the bar, when the foreman, in a tone which made the _Chief
+ Justice’s countenance visibly collapse_, said, ‘My Lord, we shall not
+ be long.’ Accordingly, after going through the form of withdrawing and
+ consulting together, they returned and pronounced their verdict, to
+ which they had long made up their minds—_Not Guilty_.”—(Vol. iii. p.
+ 222.)
+
+The case of Hone, in 1817, is another in point. I know nothing of Hone’s
+works, nor of the libels of which he was accused, but Lord Campbell
+says, that “he defended himself with extraordinary skill and tact, and
+at the end of the first day’s trial was _acquitted_.”
+
+ “This being related to the enfeebled Chief Justice, his energy was
+ revived, and _he swore that, at whatever cost, he would preside in
+ Court himself, so that conviction might be certain_!” (He did so, and
+ thus charged the jury:) “‘I will deliver to you my solemn opinion, _as
+ I am required by Act of Parliament to do_; under the authority of that
+ Act, and still more, in obedience to my conscience and my God, I
+ pronounce it to be a MOST IMPIOUS AND PROFANE LIBEL.[99] Hoping and
+ believing that you are Christians, I doubt not but that your opinion
+ is the same.’”
+
+-----
+
+Footnote 99:
+
+ The italics and capitals are Lord Campbell’s.
+
+-----
+
+The jury almost immediately pronounced a verdict of “NOT GUILTY.”
+
+“Still,” says Lord Campbell, “the Chief Justice was undismayed, and
+declared that he would next day proceed with the indictment. This was a
+most indiscreet resolution. The whole of Hone’s third trial was a
+triumph, the jury plainly intimating their determination to find a
+verdict in his favour.... After a similar summing up as on the preceding
+day, there was _the like verdict_.... The popular opinion was, that Lord
+Ellenborough was killed by Hone’s trial, and he certainly never held up
+his head in public after.” (_Lord Campbell_, vol. iii. p. 225.)
+
+These facts prove, that _subsequently to my trial_, whenever Lord
+Ellenborough, in a popular case, charged the jury to bring in the
+defendant “GUILTY,” the jury made a point of finding “NOT GUILTY.” It
+was unfortunate for me that such a course was not previously adopted,
+but, perhaps, it may be said, that my case brought about this result.
+
+One most material point connected with the trial cannot be overlooked;
+one, in fact, which not only concerned the liberties of obnoxious
+persons like myself, but also the liberties of every man in the country.
+At the period of my trial, Lord Ellenborough was not only Chief Justice
+of the King’s Bench, BUT AT THE SAME TIME A CABINET MINISTER!!! This
+terrible combination of incompatible offices was for the first time
+under constitutional government effected in the person of Lord
+Ellenborough, and, to the credit of subsequent administrations, for the
+last time also. No other Chief Justice ever came hot-foot from a Cabinet
+Council to decide the fate of an accused person, politically obnoxious
+to the Cabinet; the trial going on from day to day, so as to become open
+no less to Cabinet than to forensic discussion.
+
+The thing was monstrous, and could only have been acted on in this
+instance for the purpose of suppressing, by the expedient just shown,
+the rising spirit of public liberty, which the Government was ever on
+the watch to keep down. The _Quarterly Review_, when commenting on the
+“Life and Correspondence” of Sir Samuel Romilly, thus treats the matter
+(No. 132, 1840, page 612):—
+
+ “The Whigs, by way of including _all the talents_, had given the Chief
+ Justice of the King’s Bench (Lord Ellenborough) _a seat in the
+ Cabinet_, and upon this before unheard-of combination of the judicial
+ and ministerial characters, this _monstrous attempt to tinge the
+ ermine of justice with the colour of party_!!”
+
+The chance I had may be readily estimated _with a Cabinet minister for
+my judge_, and the Cabinet of which he was a member composed of
+ministers to whom I had become deeply obnoxious by determined opposition
+to their measures; having, in fact, given them more trouble than any
+other of my party, because my knowledge of naval abuses and profligate
+expenditure enabled me to expose both. It might, with one of my most
+bitter opponents for a judge, have been a still greater marvel had I
+been acquitted, than that I was convicted without and in opposition to
+evidence. Had Lord Ellenborough possessed a true sense of delicacy, he
+would never have presided at that trial. Still less would he have
+refused me a new trial when more perfectly prepared; a proceeding no
+doubt adopted as the best means of silencing further discussion, which
+had begun to harass him personally, and to cause uneasiness to the
+ministry. The shortest course, if not the justest, was to screen himself
+and them by _immediately_ crushing his adversary. But the injury went
+farther than my conviction in the Court of King’s Bench. After my
+subsequent expulsion from the House, which, as Lord Brougham rightly
+says, “_secured my re-election for Westminster_,” on its adverse note
+_hung the fate of the ministry_. Had that vote been in my favour, the
+Chief Justice could not have held his seat in the Cabinet, and his
+evacuation could scarcely have been otherwise than followed by that of
+the whole ministry. Of this, however, there was little danger, the great
+bond of adhesion to the Ministry, as has been fully shown in the course
+of this work, being the pensions and sinecures so freely distributed
+amongst an unreformed House of Commons.
+
+The question, however, became thus one of ministerial existence. Had the
+House, as it ought to have done, irrespective of me or my case,
+repudiated the anomaly of a Chief Justice holding a seat in the Cabinet,
+the retirement of Lord Ellenborough must have been indispensable and
+_immediate_. He could not have maintained his political office for an
+hour. In place of an individual member being heard in his own defence,
+the question really was the right of a Chief Justice to hold a seat in
+the Cabinet, or in legal phrase, the issue was, Lord Cochrane _versus_
+Lord Ellenborough, the Admiralty, and the Cabinet. In the unreformed
+House of Commons Lord Cochrane, as a matter of course, went to the wall,
+no one expecting otherwise.
+
+Of the guilt or innocence of the other parties convicted I know nothing,
+but this I will say, that, if guilty, there was nothing in their guilt
+half so bad as the deliberate malice which on two occasions had
+conspired to ruin me. My appointment as flag captain to my uncle was
+gall and wormwood to those who, for opposing a vote of thanks to Lord
+Gambier, had condemned me to five years’ deprivation of employment, at a
+time when my services would have been honourable to myself and
+beneficial to my country. I had gained employment in a way beyond their
+control, and my unjust conviction of having participated in a trumpery
+hoax, which common sense might have convinced them was beneath my
+notice, was converted into the means of preventing the future exercise
+of my abilities as a naval officer.
+
+I have to apologise to Lord Campbell for the freedom with which I have
+used his great work, but though an unjustly maligned man, my reputation
+is as dear to me as though no spot had ever rested upon it, and I have
+adduced these extracts to show that Lord Ellenborough, in his zeal for
+justice, might have possibly mistaken my case. His biographers ascribe
+to him pure motives, and I am bound not to set my opinions against those
+of his biographers, nor have I done so. But for forty-six years I have
+been vainly endeavouring to _get my case reheard_, and much allowance
+should be accorded me. I would not ask for mercy, if guilty, but for
+increased severity of punishment, as I should most richly deserve. To
+demand a hearing of my case was my first public act after my trial. It
+shall be my last. That public act was a letter to Lord Ebrington,
+deprecating his Lordship’s interference for a mitigation of my
+outrageous sentence. The following is a copy of this letter:—
+
+ “King’s Bench, July 13th, 1814.
+
+ “MY LORD,—Although I claim no right to interfere with the
+ Parliamentary conduct of any member, or to interfere with the motions
+ which he may judge proper to originate, yet I owe a duty to myself
+ which demands that I should apprise your Lordship that the motion of
+ which you have given notice respecting me, has a tendency to bring
+ down upon me a greater indignity than any which has been offered to me
+ by my enemies. I had flattered myself, from a recent note of your
+ Lordship, that, in your mind, I stood wholly acquitted; and I did not
+ expect to be treated by your Lordship as an object of mercy, on the
+ grounds of past services, or severity of sentence. I cannot allow
+ myself to be indebted to that tenderness of disposition, which has led
+ your Lordship to form an erroneous estimate of the amount of
+ punishment due to the crimes of which I have been accused; nor can I
+ for a moment consent, that any past services of mine should be
+ prostituted to the purpose of protecting me from any part of the
+ vengeance of the laws against which I, if at all, have grossly
+ offended. _If I am guilty, I richly merit the whole of the sentence
+ which has been passed upon me. If innocent, one penalty cannot be
+ inflicted with more justice than another._ If your Lordship shall
+ judge proper to persist in the motion of which you have given notice,
+ I hope you will do me the justice to read this letter to the House.
+
+ “I have, &c.
+ “COCHRANE.
+
+ “The Lord Ebrington.”
+
+Independently, however, of these or any other considerations, I might
+point to my previous general services as a naval officer, for which I
+had not received public reward of any kind;—to my refusal of a squadron
+of frigates, and Lord Mulgrave’s own regiment, if I would consent to a
+vote of thanks to Lord Gambier conjointly with myself,—an offer which,
+had it been accepted, would have been tantamount to the acquisition of
+half a million of prize-money;—to my unceasing opposition in Parliament
+to the abuses of the Admiralty Courts and naval administration in
+general, in direct opposition to my own pecuniary interests;—to my
+rejection of the openly-expressed proposal of the Secretary to the
+Admiralty to quit the Radical party, and come over to that of the
+Government;—to my anticipated employment on the coasts of the United
+States, and the great pecuniary proceeds which there was every reason to
+expect as the result of putting my previous experience in practice. I
+would then put it to the common sense of the reader, whether the
+acquisition of a few paltry hundred pounds—by means of the imputed
+frauds on the Stock Exchange, was a likely motive to actuate me in
+joining a conspiracy with persons, some of whom I never knew nor heard
+of, which, if detected, must have destroyed my future prospects, when on
+the eve of an expedition calculated in all human probability to have
+raised me above all political enmity? The reply is self-evident.
+
+I would again ask, whether, with a guilty knowledge of the act in which
+De Berenger had been engaged, I should have perpetrated the consummate
+folly of voluntarily disclosing all that took place on unexpectedly
+finding him at my house; this voluntary information on my part affording
+the only clue to the case, which could otherwise never have been
+developed.
+
+If guilty, such disclosure on my part would have been an act of absolute
+insanity. Had I been aware that his asking me for the means of
+concealing his uniform,—first, on his representation that, not being a
+drill day, he could not appear in it before his colonel, Lord Yarmouth;
+and secondly, that he could not return in it to the rules of the King’s
+Bench without exciting suspicion that he had been violating the
+rules,—is it likely that I should have voluntarily become my own
+accuser, when there existed no necessity for me to say a single word, on
+the subject. Should I not rather, if guilty, have given him the order to
+go on board the _Tonnant_, and thus place both him and myself beyond the
+reach of danger?
+
+In place, however, of further vindication of my character as having had
+any participation in this wretched hoax, I will, in addition to the
+legal opinions already adduced, bring forward others since pronounced by
+men in whom the public repose the most implicit confidence.
+
+And first the voluntary statement of a gallant General, who had been
+equally ill used with myself, and by the same political adversaries and
+clique who persecuted me. I mean Sir Robert Wilson, who happily survived
+his persecution, was reinstated in his military rank and honours, and
+died honoured and lamented.
+
+ “Regent Street, 14th March, 1823.
+
+ “MY DEAR LORD,—It has been mentioned to me that a memorandum I once
+ held with the late Mr. Whitbread on the subject of your persecution,
+ and which I have frequently repeated, might be a document of some
+ utility; my compliance with the expressed wish is not an act of
+ friendship, but of duty and justice to all parties.
+
+ “I therefore do affirm, upon my honour, to the accurate truth of the
+ following statement, being ready, if required, to give it any legal
+ character of which it may be susceptible:—
+
+ “Being at Southall Park in the year 1814, I took an opportunity of
+ asking Mr. Whitbread for his opinion on the subject of Lord Cochrane’s
+ trial and sentence, stating to him that as I had been out of England
+ at the time, I was very imperfectly acquainted with the proceedings;
+ but feeling much interested about the character of an officer so
+ eminently distinguished, I was desirous to pin my faith upon his (Mr.
+ Whitbread’s) judgment; but if, from any political or personal
+ consideration, he could only give me a partial or half compliance, I
+ begged him to be silent altogether, as my object was to know the whole
+ truth, and to be put in possession, for my future guidance, of his
+ most secret feelings on the transaction.
+
+ “Mr. Whitbread replied, that he had no hesitation to acquiesce with my
+ wish; that there never was a case to which he had given more
+ attention, or which had caused him more sleepless nights, as he had
+ been resolved to probe the matter to the bottom, if possible, and come
+ to a just conclusion. That he had formed his conclusion; and, if they
+ were the last words he had to utter before appearance in the presence
+ of the Creator, he should say that _he was convinced that Lord
+ Cochrane was totally and entirely innocent of the whole or any part of
+ the offence laid to his charge,—that he felt certain that Lord
+ Cochrane was in no way privy to the proceedings so far as they related
+ to any imposition_.
+
+ “Mr. Whitbread added, ‘My family know this to be my conscientious
+ opinion, and _I am persuaded that time will prove it to be the correct
+ one_[100];’ but, in any case, you have it from a man who has
+ endeavoured to form it honestly, and also, for that purpose, divested
+ his mind, as much as possible, of every bias.
+
+ “I remain, my dear Lord,
+ “With much regard, yours,
+ “R. WILSON.”
+
+-----
+
+Footnote 100:
+
+ Not if the “_revised_” report of the trial is consulted; for the
+ studied appearance of fairness which is there put on might mislead the
+ reader. But if the _verbatim_ reports of the trial are consulted, as
+ they appear in the _Times_ and other daily papers, I have no fear of
+ any amount of criticism, or that anything but my entire innocence will
+ be made manifest. The _animus_ against me is there so clear, that the
+ reader would hardly be induced to inquire further.
+
+-----
+
+The following warm-hearted letter was written me by the late Duke of
+Hamilton on my appointment to the command of the West India fleet:—
+
+ “Hamilton Palace, Jan. 6, 1848.
+
+ “MY DEAR LORD,—Your letter of yesterday has awakened the liveliest
+ sensibilities of my heart. If I ask myself whether they proceed from
+ the love of justice, or the love of a friend, my reply is, from both.
+
+ “The communication you have just made to me is most gratifying; and
+ the First Lord of the Admiralty has done himself immortal honour in
+ appointing that naval officer Commander in one hemisphere who had
+ previously illustrated his name by his most brilliant exploits in the
+ other. Everything, I think, has now been done to undo the foul
+ aspersions with which you have been assailed, and I am sure everything
+ will be now done that will most serve to establish the ability of the
+ officer and the delicacy of the gentleman.
+
+ “I congratulate you most sincerely upon your appointment, and hope you
+ will meet with difficulties when you arrive at your destination. Don’t
+ be surprised at my wish. It proceeds from knowing the ample resources
+ of my friend to overcome them, and his constant desire to sacrifice
+ everything to duty and honour.
+
+ “My good wishes will follow you across the ocean, and reside with you
+ in your future destinies. Let me have the satisfaction of hearing from
+ you, and with every sentiment of affectionate regard, believe me to
+ be, my dear lord, your truly attached friend and cousin,
+
+ “C.H. AND B.”
+
+Without multiplying communications of a similar kind, I will merely
+adduce a portion of a letter written to me by a gentleman, in whose
+opinions and sterling honesty the public has been accustomed to repose
+the highest confidence, viz. the late Joseph Hume. The occasion of the
+letter was my having consulted him in an attempt to obtain a
+re-investigation of my case so late as 1852:—
+
+ “Bryanstone Square, May 10, 1852.
+
+ * * * * * * * *
+
+ “I knew at the time the alleged offence was committed, Mr. Cochrane
+ Johnstone, and my conviction at the time was, and still is, that you
+ were the dupe of his cupidity, and suffered from his act. With David
+ Ricardo, who was the prosecutor on the part of the Stock Exchange on
+ that occasion, I have often conversed on the subject[101].
+
+ “I considered that you were incapable of taking the means resorted to,
+ and for which you suffered, and was pleased to learn that you had been
+ restored to your rank. I considered _that act_ a proof that the
+ Government which had restored you to the rank and honour of your
+ profession, and had afterwards appointed you to the command in the
+ West Indies, must have come to the same conclusion; and until the
+ perusal of your draft petition, I concluded that _you had had all your
+ arrears paid to you as a tardy, though inadequate, return_ to your
+ Lordship, whose early exploits did honour to yourself, and gave
+ additional lustre to the naval service of your country.
+
+ “Sir Robert Wilson, acting with me as a friend of the late Queen
+ Caroline, in our desire to see justice done to her, was, by _a secret
+ and most unjust decision of the Government of the day, under Lord
+ Liverpool and Lord Castlereagh_, dismissed from the military service,
+ of which he had been a distinguished ornament, and had all his honours
+ taken away. The honour he had received from the Court of Vienna, for
+ the preservation of the life of a member of that family (in a river in
+ Flanders) under Colonel, afterwards Lord, Lake, was also taken from
+ him!!
+
+ “The offence of Sir Robert Wilson was his supposed interference in
+ obstructing the funeral _cortége_ of the late Queen Caroline in its
+ progress towards the City. The progress was ordered by the Government
+ to have been by the New Road to Essex. The people obliged Sir Robert
+ Baker, then at the head of the police and in charge of the escort, to
+ proceed through the City of London, contrary to the express order of
+ the King (George the Fourth), and under that suspicion Sir Robert
+ Wilson was dismissed and unjustly treated.
+
+ “I knew that Sir Robert Wilson had arrived from France in company with
+ Mr. Edward Ellice, and did not reach the house of Mr. Alderman (the
+ name is illegible) where I was until eight or nine o’clock of the
+ evening before the funeral. His offence was his accompanying the
+ funeral along with Sir John Hobhouse, myself, and others; and when the
+ troops fired on the people at Hyde Park, Sir Robert Wilson endeavoured
+ to prevent bloodshed. I was present, and heard and saw everything that
+ passed. For that supposed offence he was cashiered, and remained for
+ years, as your lordship did, under the disgrace.
+
+ “His Majesty, King William, was satisfied of the innocence of Sir
+ Robert Wilson of the offence charged against him, and he was restored
+ to the service, and I understood was paid all the arrears of pay and
+ allowance during his suspension, and afterwards appointed to the
+ command at Gibraltar. I was pleased at the result, and it would give
+ me equal pleasure to learn that your application to her Majesty should
+ be attended with an act of justice to you equally merited.
+
+ “I think other instances of restoration to rank, accompanied with
+ payment of arrears of pay and restoration to all military honours,
+ will be found if you should adopt the same course to seek justice.
+
+ “I remain, &c.
+ “JOSEPH HUME.
+
+ “The Right Hon. the Earl of Dundonald.”
+
+-----
+
+Footnote 101:
+
+ Mr. Hume’s statement that David Ricardo was the prosecutor on the part
+ of the Stock Exchange throws additional light on the selection of Mr.
+ Lavie, as the _acting prosecutor_ on the trial. As Mr. Ricardo was
+ selected to manage the prosecution, the transference of his duties to
+ _a known Admiralty solicitor_, who had once before been successfully
+ employed against me, requires no comment.
+
+-----
+
+This letter narrates the arbitrary and unjust dismissal of an eminent
+officer without trial, without accusation, and without having in any way
+rendered himself politically obnoxious, otherwise than to stop the
+indiscriminate slaughter of an unarmed people. The act of his dismissal
+was one of pure despotism, committed by a ministerial faction, of which
+history affords scarcely a redeeming feature. It is not surprising that
+I, of all others in the House of Commons the most politically obnoxious
+to the same faction, should have been for years selected as the mark for
+their unscrupulous hatred. Still less is it probable that men who
+regarded and defended place, pensions, and sinecures as a right, would
+stick at the practices which have been laid bare in this work, when a
+political adversary who exposed their greediness for national plunder
+could be crushed. To say more of them, than that they were the men who
+crushed Sir Robert Wilson, would be superfluous.
+
+I will add yet one more illustration. At my re-election for
+Westminster—the consequence, as Lord Brougham has well said, of the
+outrageous treatment to which I had been subjected—an incident occurred
+with which my wrongs became indirectly mixed up. Whilst the electors of
+Westminster were securing the triumphant return of one who was in
+durance, under an infamous sentence, the daughter of the Prince Regent
+was flying from Court tyranny.
+
+On the day preceding my re-election, the greatly beloved Princess
+Charlotte, then under age, escaped from her father’s protection, and,
+having called a hackney coach from the stand at Charing Cross, fled to
+her mother’s residence in Connaught Place. The public mind was at the
+time in a state of great excitement on account of the vindictive
+sentence passed upon me, and the electors of Westminster having
+determined to sustain me, every precaution was taken by their leaders to
+keep alive the public sentiment.
+
+In the midst of this excitement the flight of the princess became known,
+together with the fact that she had been treated by her father with an
+amount of unbecoming violence and coercion, and through some of his
+acquiescent ministers outraged by an injudicious pressure, the object of
+which was to force upon her a marriage to which she had not only a
+personal objection, but towards which she had publicly expressed a
+decided and insuperable aversion.
+
+Notwithstanding this, the Regent, regardless of his daughter’s feelings,
+insisted on proceeding without loss of time with the preparations for
+her marriage; and it was on repeating his fixed determination as
+regarded her fate, that she took the step of placing herself under her
+mother’s protection, the terror inspired by the interview with her
+father being such that, without bonnet or shawl, she ran down the back
+staircase of Warwick House, and escaped by the servants’ _entrée_.
+
+Not many hours elapsed before the fact of her flight and its cause
+became publicly known. This act of political tyranny towards a princess,
+who, though so young, had, by her powers of mind and engaging manners
+from her childhood, secured the universal affection of the people,
+created an amount of sympathy which, coupled with the excitement and
+irritation at my outrageous treatment, almost amounted to public frenzy.
+
+The Government became alarmed. Crowds beset the house of her late
+Majesty Queen Caroline, where their favourite was safely sheltered. The
+carriages of the Royal family and of the ministers, including those of
+the Lord Chancellor, Lord Ellenborough, and the Law Officers of the
+Crown, were all in attendance, their occupants having been sent to use
+their influence with Her Royal Highness to induce her to return, but in
+vain. She even refused to see any of the royal family except the Duke of
+Sussex, for whom she had sent, as well as for Mr. Brougham, the latter
+to advise her in the difficult position in which she had been compelled
+to place herself. The advice was to return; but she declared in strong
+terms that she could not overcome her repugnance to the violent
+treatment she had received, or to the attempt to force her into a
+marriage which she held in aversion.
+
+The day following this scene was the day of my re-election for
+Westminster. The same overtures were repeated to the princess, but
+without making the slightest impression on her wounded feelings. At
+length the Duke of Sussex took his niece to the window of the
+drawing-room, and drew her attention to the angry multitude assembled
+before the house, explaining to her that such was the public sympathy in
+her favour, and such the interest the people took in her happiness, that
+they would form a shield for her protection against which her oppressors
+would scarcely venture to array themselves.
+
+Still the princess remained inexorable, till the danger of continued
+public excitement was pointed out to her. She was told by the Duke of
+Sussex, that the irritation was twofold, for _that very day was
+appointed for the re-election of Lord Cochrane for Westminster, after
+the unjust sentence which had been passed upon him, and which also
+formed another great cause of public excitement, whilst the two causes
+combined_ might lead to a popular outbreak, which it was to be feared
+would end in bloodshed, and perhaps in the destruction of Carlton House
+itself. It was further urged, that in case of mischief, no small portion
+might be laid by ministers to the account of Her Royal Highness.
+
+These considerations sensibly affected the princess, who was moved to
+tears, and exclaimed: “POOR LORD COCHRANE! I HEARD THAT HE HAD BEEN VERY
+ILL USED BY THEM (meaning her father’s ministers); SHOULD IT EVER BE IN
+MY POWER, I WILL UNDO THE WRONG.”
+
+With a magnanimity which her persecutors could neither feel nor
+comprehend, the princess then declared her perfect readiness to render
+herself a self-sacrifice, in order to prevent the dreadful result which
+she felt might be possible; and shortly afterwards returned to Warwick
+House, accompanied by her uncle the Duke of York. Her courage and
+firmness relieved her from further importunity from her father and his
+ministers on the subject of the hateful marriage, which was broken off,
+and this noble-minded woman afterwards contracted with the present King
+of the Belgians a marriage of affection, approved by the whole country.
+
+Such instances of tyrannical oppression as these will be read with
+amazement by the present generation, though there are those yet living
+who can corroborate their recital. When even a princess of the blood
+royal, the idol of the whole nation, was not exempt from persecution,
+what hope had I of escaping ministerial vengeance, backed by a House of
+Commons, the majority of which consisted of sinecurists and placemen,
+whose fortunes _in esse_ and _in posse_ depended on them subservience to
+the place-givers?
+
+It is true, I had with me the sympathy of the public, and this alone
+sustained me under such an accumulation of injury. Men do not become
+popular for nothing; but I have no hesitation in saying, to the honour
+of my constituents, that the injustice done to me by an adverse ministry
+gave me far greater popularity than anything I had accomplished in my
+professional capacity. For five years my adversaries had taken care that
+no fresh achievements in war should be added to my professional
+reputation; and it was only when, by my uncle’s favour, I had once more
+an opportunity of distinguishing myself in spite of the Admiralty, that
+the concentrated malice of the faction I had offended by my pertinacious
+opposition in parliament burst on my head in the shape of a prosecution,
+in which my judge was a member of the very cabinet to which I was
+politically and personally obnoxious.
+
+In a general point of view, there can be no two opinions on the
+impropriety of a Cabinet Minister occupying the bench of the highest law
+court of the realm. In all State prosecutions—and mine _was_ one—it
+would fall to his lot to decide in the Cabinet as to their commencement,
+though in my case this was apparently avoided, by the law officers of
+the Crown keeping aloof from the proceedings; care, however, being taken
+to employ as my prosecutor an attorney of tried shrewdness, having a
+personal dislike to myself. A judge thus politically connected had to
+leave the Cabinet in order to carry out its decisions, himself presiding
+at all trials which might result, adjudging and sentencing the unlucky
+offenders; of which mode of prosecution the instances of Leigh Hunt, Dr.
+Watson, and Mr. Hone are cases in point, the parties accused being only
+saved by the indignant firmness of the juries. Happily, no such
+combination of political and judicial offices has occurred since Lord
+Ellenborough’s time, nor can it occur, unless some retrograde spirit of
+despotism shall again—to use the significant language before quoted from
+the _Quarterly Review_—“_tinge the ermine of justice with the colour of
+party_.”
+
+A few words in addition are necessary. In Mr. Hume’s letter before
+quoted was an enclosure which he had, in his anxiety to procure full
+justice for my sufferings, with great difficulty obtained. It is an
+enumeration of the tardy steps taken to reinstate Sir Robert Wilson in
+the rank, honours, and emoluments of which for eleven years he had been
+unjustly deprived by the mere caprice of a political faction.
+
+ “_30th October, 1830._—Restoration of his rank submitted to the King.
+
+ “_22nd August, 1832._—Sir Robert Wilson claimed the pay of a General
+ Officer from 27th May, 1825, the time when his commission states his
+ rank is to be considered as hearing date.
+
+ “_8th October, 1832._—Letter of Secretary at War to the Hon. J.
+ Stewart, recommending Sir Robert Wilson’s claim of pay to the Treasury
+ _as a special case, considering the act of Royal favour to extend to
+ pay as well as rank_. The letter also refers to Sir Robert Wilson’s
+ signal services _hitherto unrewarded_, and adverts to the fact, that
+ even should the request be granted he will have suffered a
+ considerable pecuniary penalty in the loss of pay from 1821 to 1825,
+ although no military tribunal has tried his conduct.
+
+ “_16th November, 1832._—Letter of Mr. Stewart, announcing _the
+ concurrence of the Treasury_, but desiring the opinion of the
+ Commander-in-Chief to be taken.
+
+ “_19th November, 1832._—Letter from Secretary at War to Lord Hill,
+ acquainting him that he had, in consequence of a communication from
+ Sir R. Wilson, recommended to the Treasury that _the arrear of back
+ pay from the date of his restored rank of Lieut.-General should be
+ allowed_[102], and that the Treasury was inclined to acquiesce in this
+ recommendation, but requested his Lordship’s concurrence in the first
+ instance.
+
+ “_22nd November, 1832._—Lord Hill’s concurrence.
+
+ “_21st December, 1832._—Treasury sanctions the amount of Sir Robert
+ Wilson’s unattached pay as a general officer from the date of his
+ commission being included in the estimates of 1833.”
+
+-----
+
+Footnote 102:
+
+ The italics in this document are Mr. Hume’s.
+
+-----
+
+It has been said that Sir Robert Wilson’s dismissal from the service
+differed from mine, inasmuch as his was a consequence of ministerial
+displeasure, whilst mine arose from the verdict of a court of law. How
+that verdict was procured, I trust has been satisfactorily shown, and if
+so, both Sir Robert Wilson and myself were sufferers from ministerial
+displeasure. On the word of a man about (at no distant date) to give an
+account to his Maker, I was no more guilty of the act attributed to me,
+than Sir Robert Wilson was of the disloyalty attributed to him.
+
+Sir Robert Wilson claimed his back pay as a right consequent on his
+unjust deprivation, and obtained it. I have unceasingly done the same,
+not from the pecuniary value of the amount due, but from the
+consideration that its being withheld still operates as a stigma on my
+character and family, which is inconsistent with any restoration to the
+service. My efforts have been hitherto without success.
+
+Sir Robert Wilson’s application was recommended to the Treasury as a
+“_special case_.” My applications have not been so regarded.
+
+Sir Robert Wilson’s application was further recommended on account of
+“_services hitherto unrewarded_.” I will here repeat what has been
+stated in a previous chapter, in reply to writers who have assumed that
+I had been handsomely rewarded—that on no occasion did I ever receive
+the reward of a single shilling for any services which it was my good
+fortune to render to my country, beyond the ordinary pay of my rank, and
+the good service pension of 300_l._ a-year, conferred upon me by Sir
+James Graham, in 1844. Yet Lord Collingwood testified that with a single
+frigate I had done the work of an army, by keeping a French army from
+overrunning the Mediterranean coast of Spain. Neither for this nor the
+destruction of the enemy’s ships in Aix Roads, did I ever receive reward
+or thanks.
+
+The reader, who is now well acquainted with my services, can pursue the
+subject for himself. With the exception of the Red Ribbon of the Bath,
+which as the gift of my sovereign I highly prize, my reward has been a
+life of unmerited suffering. Even the stipulations of the South American
+Governments, to whom I gave freedom, are violated to this day, from a
+conviction that no sympathy will be accorded by the Government of my own
+country.
+
+These are the requitals for my “_hitherto unrewarded services_.”
+
+Amongst the curiosities shown to visitors of the Bank of England, there
+was, and no doubt is still, a thousand pound bank-note, No. 8202, dated
+26th June, 1815, on the back of which are endorsed the following words:—
+
+ “MY HEALTH HAVING SUFFERED BY LONG AND CLOSE CONFINEMENT, AND MY
+ OPPRESSORS BEING RESOLVED TO DEPRIVE ME OF PROPERTY OR LIFE, I SUBMIT
+ TO ROBBERY TO PROTECT MYSELF FROM MURDER, IN THE HOPE THAT I SHALL
+ LIVE TO BRING THE DELINQUENTS TO JUSTICE.
+
+ (Signed) “COCHRANE.
+
+ “King’s Bench Prison, July 3rd, 1815.”
+
+There is the reward bestowed on me by a ministerial faction, memorable
+only for its political corruption. With that protest I close the book.
+
+
+
+
+ APPENDICES
+
+
+
+
+ APPENDIX I.
+
+ LORD GAMBIER’S FIRST DESPATCH, GIVING ME CREDIT FOR THE CONDUCT OF THE
+ ATTACK IN AIX ROADS.
+
+ _Caledonia_, at anchor in Basque Roads,
+ April 14th, 1809.
+
+
+ SIR,—The Almighty’s favour to His Majesty and the nation has been
+ strongly marked in the success He has been pleased to give to the
+ operations of His Majesty’s fleet under my command; and I have the
+ satisfaction to acquaint you, for the information of the Lords
+ Commissioners of the Admiralty, that the four ships of the enemy,
+ named in the margin[103], have been destroyed at their anchorage, and
+ several others, from getting on shore, if not rendered altogether
+ unserviceable, are at least disabled for a considerable time.
+
+ The arrangement of the firevessels, placed under the direction of
+ Captain the Right Honourable Lord Cochrane, was made as fully as the
+ state of the weather would admit, according to his Lordship’s plan, on
+ the evening of the 11th instant; and at eight o’clock on the same
+ night they proceeded to the attack under a favourable strong wind from
+ the northward, and flood tide, preceded by some vessels filled with
+ powder and shells, as proposed by his Lordship, with a view to
+ explosion, and led on in the most undaunted and determined manner by
+ Capt. Wooldridge, in the _Mediator_ fireship, the others following in
+ succession; but owing to the darkness of the night, several mistook
+ their course, and failed.
+
+ On their approach to the enemy’s ships, it was discovered that a boom
+ was placed in front of their line for a defence. This, however, the
+ weight of the _Mediator_ soon broke, and the usual intrepidity and
+ bravery of British seamen overcame all difficulties, advancing under a
+ heavy fire from the forts in the Isle of Aix, as well as from the
+ enemy’s ships, most of which cut or slipt their cables, and from the
+ confined anchorage got on shore, and thus avoided taking fire.
+
+ At daylight the following morning, Lord Cochrane communicated to me,
+ by telegraph, that seven of the enemy’s ships were on shore, and might
+ be destroyed. I immediately made the signal for the fleet to unmoor
+ and weigh, intending to proceed with it to effect their destruction.
+ The wind, however, being fresh from the northward, and the flood-tide
+ running, rendered it too hazardous to run into Aix Roads (from its
+ shallow water), I therefore anchored again at the distance of about
+ three miles from the forts on the island.
+
+ As the tide suited, the enemy evinced great activity in endeavouring
+ to warp their ships (which had grounded) into deep water, and
+ succeeded in getting all but five of the line towards the entrance of
+ the Charente before it became practicable to attack them.
+
+ I gave orders to Capt. Bligh, of the _Valiant_, to proceed with that
+ ship, the _Revenge_, frigates, bombs, and small vessels, named in the
+ margin,[104] to anchor near the Boyart Shoal, in readiness for the
+ attack. At twenty minutes past two P.M. Lord Cochrane advanced in the
+ _Impérieuse_, with his accustomed gallantry and spirit, and opened a
+ well-directed fire upon the _Calcutta_, which struck her colours to
+ the _Impérieuse_; the ships and vessels above-mentioned soon after
+ joined in the attack upon the _Ville de Varsovie_ and _Aquilon_, and
+ obliged them, before five o’clock, after sustaining a heavy cannonade,
+ to strike their colours, when they were taken possession of by the
+ boats of the advanced squadron. As soon as the prisoners were removed
+ they were set on fire, as was also the _Tonnerre_, a short time after
+ by the enemy.
+
+ I afterwards detached Rear-Admiral the Hon. Robert Stopford, in the
+ _Cæsar_, with the _Theseus_, three additional fireships (which were
+ hastily prepared in the course of the day), and all the boats of the
+ fleet, with Mr. Congreve’s rockets, to conduct the further operations
+ of the night against any of the ships which lay exposed to an attack.
+ On the morning of the 13th, the Rear-Admiral reported to me, that as
+ the _Cæsar_ and other line-of-battle ships had grounded, and were in a
+ dangerous situation, he thought it advisable to order them all out,
+ particularly as the remaining part of the service could be performed
+ by frigates and small vessels only; and I was happy to find that they
+ were extricated from their perilous situation.
+
+ Captain Bligh has since informed me that it was found impracticable to
+ destroy the three-decked ship, and the others, which were lying near
+ the entrance of the Charente, as the former, being the outer one, was
+ protected by three lines of boats placed in advance from her.
+
+ This ship and all the others, except four of the line and a frigate,
+ have now moved up the Charente. If any further attempt to destroy them
+ is practicable, I shall not fail to use every means in my power to
+ accomplish it.
+
+ I have great satisfaction in stating to their Lordships how much I
+ feel obliged to the zealous co-operation of Rear-Admiral Stopford,
+ under whose arrangement the boats of the fleet were placed; and I must
+ also express to their Lordships the high sense I have of the
+ assistance I received from the abilities and unremitted attention of
+ Sir Harry Neale, Bart. the Captain of the Fleet, as well as of the
+ animated exertions of the captains, officers, seamen, and marines
+ under my command, and their forwardness to volunteer upon any service
+ that might be allotted to them; particularly the zeal and activity
+ shown by the captains of line-of-battle ships in preparing the
+ firevessels.
+
+ I cannot speak in sufficient terms of admiration and applause of the
+ vigorous and gallant attack made by Lord Cochrane upon the French
+ line-of-battle ships which were on shore, as well as of his judicious
+ manner of approaching them, and placing his ship in a position most
+ advantageous to annoy the enemy and preserve his own ship; which could
+ not be exceeded by any feat of valour hitherto achieved by the British
+ navy.
+
+ It is due to Rear-Admiral Stopford and Sir Harry Neale, that I should
+ here take the opportunity of acquainting their Lordships of the
+ handsome and earnest manner in which both these meritorious officers
+ had volunteered their services before the arrival of Lord Cochrane to
+ undertake an attack upon the enemy with fireships; and that, had not
+ their Lordships fixed upon him to conduct the enterprise, I have full
+ confidence that the result of their efforts would have been highly
+ creditable to them.
+
+ Not having had it in my power, as yet, to ascertain the conduct of the
+ officers commanding the fireships, except that of the _Mediator_, I am
+ under the necessity of deferring to state how far they fulfilled their
+ duty on this hazardous service in which they were engaged.
+
+ I should feel that I did not do justice to the services of Capt.
+ Godfrey, of the _Etna_, in bombarding the enemy’s ships on the 12th,
+ and nearly all the day of the 13th, if I did not recommend him to
+ their Lordships’ notice; and I cannot omit bearing due testimony to
+ the anxious desire expressed by Mr. Congreve to be employed wherever I
+ might conceive his services in the management of his rockets would be
+ useful; some of them were placed in the fireships with effect, and I
+ have every reason to be satisfied with the artillerymen and others who
+ had the management of them, under Mr. Congreve’s direction.
+
+ I send herewith a return of the killed, wounded, and missing of the
+ fleet, which, I am happy to observe, is comparatively small. I have
+ not yet received the returns of the number of prisoners taken, but I
+ conceive they amount to between 400 and 500. I have charged Sir Harry
+ Neale with this despatch by the _Impérieuse_, and I beg leave to refer
+ their Lordships to him, as also to Lord Cochrane, for any further
+ particulars of which they may wish to be informed.
+
+ I have the honour to be, &c.,
+ (Signed) GAMBIER.
+
+-----
+
+Footnote 103:
+
+ _Ville de Varsovie_, of 80 guns; _Tonnerre_, of 74 guns; _Aquilon_, of
+ 74 guns; and _Calcutta_ of 56 guns.
+
+Footnote 104:
+
+ _Indefatigable_, _Unicorn_, _Aigle_, _Emerald_, _Pallas_, _Beagle_,
+ _Etna_ bomb, _Insolent_ gun-brig, _Conflict_, _Encounter_, _Fervent_,
+ and _Growler_.
+
+-----
+
+ _April 15th._—P.S. This morning three of the enemy’s line-of-battle
+ ships are observed to be still on shore under Fouras, and one of them
+ is in a dangerous situation. One of these frigates (_L’Indienne_) also
+ on shore, has fallen over, and they are now dismantling her. As the
+ tides will be off in a day or two, there is every probability that she
+ will be destroyed.
+
+ Since writing the foregoing, I have learned that the Hon.
+ Lieut.-Colonel Cochrane (Lord Cochrane’s brother), and Lieut. Bisset,
+ of the navy, were volunteers in the _Impérieuse_, and rendered
+ themselves extremely useful, the former by commanding some of her guns
+ on the main-deck, and the latter in conducting one of the explosion
+ vessels.
+
+ -----------------------
+
+
+
+
+ APPENDIX II.
+ LORD GAMBIER’S SECOND DESPATCH IGNORING MY
+ SERVICES ALTOGETHER.
+
+
+ London, May 10th, 1809.
+
+ SIR,—I have received your letter of the 2nd instant, acknowledging the
+ receipt of the list, containing the names of the officers and men
+ employed in the fireships and explosion vessels on the night of the
+ 11th ult., with my observations on the result of my inquiry respecting
+ their conduct on that occasion; and signifying that you are commanded
+ by their Lordships to acquaint me, that, in order to have before them
+ full and complete information of the proceedings of the several ships
+ employed by me on the various branches of the very important
+ operations carried on against the enemy’s fleet in Aix Road, it is
+ their Lordships’ direction that I should call upon Rear-Admiral
+ Stopford, Captain Bligh, Captain Lord Cochrane, and any other officer
+ I may have entrusted with any part of that service, to report to me
+ their proceedings, together with such observations and remarks as they
+ may have made whilst they were executing my orders against the enemy;
+ and that I should transmit the same to their Lordships, with any
+ observations I may think proper to make thereon.
+
+ You will be pleased to acquaint their Lordships that I have written to
+ those officers to make reports to me accordingly, and shall lose no
+ time in transmitting them to you as soon as they are obtained, but
+ some time must elapse before they can reach me.
+
+ From communications I have since had with their Lordships, I am led to
+ understand that a more full and detailed account than I have
+ transmitted of the proceedings of the fleet under my command, during
+ the whole of its operations in Basque Roads, would be desirable. I
+ shall, therefore, in making such a statement, endeavour to omit no
+ incident that may be in any degree connected with those operations, or
+ serve to elucidate the various movements and proceedings of the fleet,
+ persuaded that doing so cannot fail to promote the satisfaction which,
+ in common with the officers and men under my command, I feel upon that
+ occasion, and on the success which has resulted from it.
+
+ Their Lordships are aware that soon after I had taken the anchorage of
+ Basque Roads, I stated to them the strong position of the enemy’s
+ fleet in Aix Roads; that their ships were moored in two compact lines,
+ and the most distant ship of each line within point blank range of the
+ batteries of Isle d’Aix, explaining, at the same time, that they were
+ under the necessity of mooring in such close order, not for the
+ purpose of opposing a more formidable front, but to avoid the shoals
+ close around the anchorage; and their Lordships will also remember
+ that I then pointed out the impracticability of destroying them by an
+ attack with the ships of the line in the position they occupied; but
+ that I conceived them to be assailable by fireships, having previously
+ suggested to Lord Mulgrave the expediency of sending out twenty or
+ thirty vessels for that purpose.
+
+ This suggestion was anticipated by their Lordships, and they were
+ pleased to order twelve sail of fireships to join me, and to direct me
+ to fit out eight others on the spot. Upon the arrival of Captain Lord
+ Cochrane, whom their Lordships had ordered me to employ in conducting
+ the execution of the service to be performed by the fireships, I was
+ induced, at his suggestion, to add the _Mediator_ to the number.
+
+ These preparations were completed on the 11th ultimo at night, and
+ having previously called on board the _Caledonia_ the commanders and
+ lieutenants who had volunteered their services, and who had been
+ appointed by me to command fire vessels, I furnished them with full
+ instructions for their proceedings in the attack, according to Lord
+ Cochrane’s plan, and arranged the disposition of the frigates and
+ small vessels to co-operate in the following manner.
+
+ The _Unicorn_, _Aigle_, and _Pallas_, I directed to take a station
+ near the Boyart Shoal, for the purpose of receiving the crews of the
+ fireships on their return from the enterprise, to support the boats of
+ the fleet which were to accompany the fireships, and to give
+ assistance to the _Impérieuse_, which ship was still further advanced.
+ The _Whiting_ schooner, _King George_, and _Nimrod_ cutters, were
+ fitted for throwing rockets, and directed to take a station near the
+ same shoal for that purpose.
+
+ The _Indefatigable_, _Foxhound_, and _Etna_ bomb, were to take a
+ station as near the fort on the Isle of Aix as possible; the two
+ former to protect the bomb vessel, whilst she threw shells into the
+ fort.
+
+ The _Emerald_, _Dotterel_, and _Beagle_ sloops, and _Growler_,
+ _Conflict_, and _Insolent_ gun-brigs, were stationed to make a
+ diversion at the east end of the Isle of Aix.
+
+ The _Redpole_ and _Lyra_ I directed to be anchored by the Master of
+ the Fleet (one near the Isle of Aix, and the other near the Boyart),
+ with lights hoisted, to guide the fireships in their course to the
+ attack; and the boats of the fleet were ordered to assemble alongside
+ the _Cæsar_, to proceed to assist the fireships, under the
+ superintendence of Rear-Admiral Stopford.
+
+ With these preconcerted movements the fleet was at this time unmoored,
+ in readiness to render any service that might be practicable; but
+ being anchored in a strong tide-way, with the wind fresh from the N.W.
+ upon the weather tide making, it was again moored, to prevent the
+ ships falling on board each other.
+
+ At about half past eight P.M. the explosion vessels and fireships
+ proceeded to the attack; at half past nine the first explosion vessel
+ blew up, and at ten most of the fireships were observed to be on fire;
+ the enemy’s forts and ships firing upon them. Many of the fireships
+ were seen to drive through their fleet, and beyond the Isle of Aix.
+
+ Shortly after daylight, Lord Cochrane, who, in the _Impérieuse_ lay
+ about three miles from the enemy, made the signal to me by telegraph,
+ that seven of the enemy’s ships were on shore, and that half the fleet
+ could destroy them. It was visible from the _Caledonia_ what ships
+ were aground, and that two or three had made their escape up the
+ Charente. I immediately ordered the fleet to be unmoored, and at half
+ past nine weighed and run up nearer to the Isle of Aix, with the view,
+ when the time of tide should render it advisable, that some of the
+ line-of-battle ships might proceed to attack the enemy’s ships on
+ shore; but the wind blowing fresh from the N.N.W. with a flood tide, I
+ judged it unadvisable to risk any of them at that time in so perilous
+ a situation. The fleet was therefore anchored. I made the signal for
+ each ship to prepare, with spare or sheet cables out of the stern
+ ports, and springs on them, to be in readiness for any of them to go
+ in that I might judge necessary; in the meanwhile I ordered three
+ additional fireships to be prepared.
+
+ Observing the _Impérieuse_ to advance, and the time of flood nearly
+ done running, the _Indefatigable_, _Unicorn_, _Aigle_, _Emerald_,
+ _Pallas_, _Beagle_, _Etna_, and gun-brigs, were ordered, by signal,
+ into the attack; at 2·20 P.M. the former opened her fire upon the
+ enemy’s ships aground, and the others as soon after as they arrived
+ up. I then ordered in the _Valiant_ and _Revenge_ to support them, and
+ they soon joined in the action.
+
+ The enemy’s ship _Calcutta_ struck her colours at 4·10 P.M. and the
+ _Ville de Varsovie_, and _Aquilon_, in about an hour afterwards; all
+ three were taken possession of by the boats of the advanced squadron,
+ and set on fire as soon as the prisoners were removed; a short time
+ after the _Tonnerre_ was set on fire by the enemy.
+
+ Perceiving, towards the close of day, that there were some of the
+ enemy’s grounded ships lying further up towards the Charente, which
+ appeared to be exposed to further attack, I sent in the three
+ additional fireships, and all the boats of the fleet, with Mr.
+ Congreve’s rockets, accompanied by the _Cæsar_ and _Theseus_, under
+ the direction of Rear-Admiral Stopford, with discretional orders for
+ his acting as he should think fit, and according as circumstances
+ should render it expedient.
+
+ On the following day (the 13th) the Rear-Admiral perceiving that
+ nothing further could be effected by the line-of-battle ships, which
+ had grounded, as had also some of the frigates, and how imminent the
+ danger was in which they lay, and being satisfied that the remaining
+ part of the service could be performed only by frigates and smaller
+ vessels, he most wisely took advantage of a providential shift of
+ wind, and returned with the line-of-battle ships to Basque Road.
+ Captain Bligh, on his return, reported to me that it was found
+ impracticable to destroy the enemy’s three-decked ship, and others,
+ which were lying at the entrance of the Charente, as the former (which
+ was the outer one) was protected by three lines of boats placed in
+ advance from her.
+
+ During the remainder of the 13th the _Etna_ was employed in throwing
+ shells, the _Whiting_ schooner in firing rockets, and the other small
+ vessels in firing upon the enemy’s ships on shore when the tide
+ permitted.
+
+ On the 14th, at daylight, I observed three or four of the enemy’s
+ ships still apparently aground at the mouth of the river. I ordered
+ Captain Wolfe, of the _Aigle_, to relieve Lord Cochrane in the
+ _Impérieuse_, in command of the small vessels advanced, and to use his
+ utmost endeavours to destroy any of the enemy’s ships which were
+ assailable. At 2·50 the _Etna_ bomb, and small vessels in shore, began
+ their fire upon the enemy’s ships at the entrance of the Charente, and
+ continued to do so during the remainder of the day.
+
+ On the 15th, in the morning (the day on which I despatched Sir H.
+ Neale to their Lordships, in the _Impérieuse_), three of the enemy’s
+ line-of-battle ships were observed to be still aground under Fouras,
+ and one of them in a dangerous situation; one of their frigates
+ (_L’Indienne_), also on shore, had fallen over, and the enemy were
+ dismantling her.
+
+ It blew very strong from the westward the whole of the 15th and 16th,
+ so that no attempt could be made to annoy and harass the enemy; on the
+ latter day their frigate, which was on shore, was discovered to be on
+ fire, and blew up soon after.
+
+ All the remainder of the enemy’s ships got up the river by the 17th,
+ except one (a two-decker), which remained aground under the town of
+ Fouras; in the afternoon of this day it was observed that another of
+ the enemy’s frigates had got on shore up the river and was wrecked,
+ which was afterwards confirmed by the master of a neutral vessel from
+ Rochelle.
+
+ On the 19th it blew too violent for any of the small vessels to act
+ against the enemy; but on the 20th, the _Thunder_ bomb having arrived,
+ and the weather having become more moderate, I sent her to assist the
+ _Etna_ in bombarding the enemy’s ship, on shore near Fouras. The
+ _Etna_ had split her 13-inch mortar on the 15th, consequently had only
+ her 10-inch effective.
+
+ --------------
+
+_State of the Force of the Enemy, transmitted in Lord_ GAMBIER’S _second
+ Letter to the Hon._ W.W. POLE, _of the 26th March 1809_.
+
+ Statement of the enemy’s force moored at Isle d’Aix, anchorage in two
+ lines very near to each other, in a direction due south from the fort
+ on Isle d’Aix; the ships in each line not further apart than their own
+ length, and the most distant ships of the two lines within point blank
+ shot of the works on that island.
+
+ One three-decker Flag at the fore.
+ Ten two-deckers (one a fifty-gun } One flag at the mizen, and
+ ship, late _Calcutta_), } one broad pendant.
+ Four frigates.
+
+ (Signed) GAMBIER.
+
+ _Caledonia_, in Basque Roads, March 26th, 1809.
+
+ _Statement of the names of the enemy’s ships in Aix Roads, previous to
+ the attack on the 11th April 1809; and of the killed and wounded in
+ the action of the 12th of April 1809._
+
+_L’Océan_, 120 guns, Vice-Admiral Allemande, Capt. Reland. Repaired in
+1806; on shore under Fouras.
+
+_Foudroyant_, 80, Rear-Admiral Gourdon, Captain Henri. Five years old;
+on shore under Fouras.
+
+_Cassard_, 74, Capt. Faure, Commodore. Three years old; on shore under
+Fouras.
+
+_Tourville_, 74, Capt. La Caille. Old; on shore in the river.
+
+_Regulus_, 74, Capt. Lucas. Five years old; on shore under Madame.
+
+_Patriote_, 74, Capt. Mahee. Repaired in 1803.
+
+_Jemappe_, 74, Capt. Fauvan. On shore under Madame.
+
+_Tonnerre_, 74, Capt. Clément de la Roncière. Nine months old; never at
+sea.
+
+_Aquilon_, 74, Capt. Maignon. Old.
+
+_Ville de Varsovie_, 80, Capt. Cuvillier. New; never at sea.
+
+_Calcutta_, 56, Capt. La Fone. Loaded with flour and military stores.
+
+ _Frigates._
+
+_Indienne_, Capt. Proteau. On shore near Isle d’Enette, on her
+beam-ends.
+
+_Elbe_, Capt. Perrengier.
+
+_Pallas_, Capt. Le Bigot.
+
+_Hortense_, Capt. Allgand.
+
+N.B. One of the three last frigates on shore under Isle Madame.
+
+Return of the killed, wounded, and missing:—Two officers, eight men,
+killed; nine officers, 28 wounded; one man missing. Total,—48.
+
+ GAMBIER.
+
+ _Return of the names of Officers killed, wounded and missing._
+
+_Caledonia_, Mr. Fairfax, Master of the fleet; contusion of the hip.
+
+_Cæsar_, W. Flintoft, Acting-Lieut.; killed.
+
+_Theseus_, R.F. Jewers, Master’s-Mate; severely wounded in the head and
+hands by powder in the fireship.
+
+_Impérieuse_, Mr. Gilbert, Surgeon’s Assistant, wounded; Mr. Marsden,
+Purser; ditto.
+
+_Revenge_, J. Garland, Lieut.; severe contusion of the shoulder and
+side.
+
+_Mediator_, J. Segess, Gunner; killed.
+
+J. Wooldridge, Capt.; very much burnt.
+
+N.B. Clements, Lieut.; slightly burnt.
+
+J. Pearl, Lieut.; ditto.
+
+N.B. The last three blown out of the _Mediator_ after she was set on
+fire.
+
+_Gibraltar_, J. Conyers, Master’s Mate; very badly scorched in the face
+and hands.
+
+ GAMBIER.
+
+ Received since the above was written.
+ _Etna_, R.W. Charston, Midshipman, slightly wounded.
+
+ ------------------------------------
+
+
+ APPENDIX III.
+
+ STATEMENT IN THE ADMIRALTY COURT RESPECTING THE AFFAIR OF AIX ROADS,
+ SHOWING WHY PART OF THE FLEET ONLY WERE ENTITLED TO HEAD MONEY.
+
+ _Ville de Varsovie._
+
+ On Friday, the 15th day of December 1815.
+
+ On which day Pott appeared for the Honourable Thomas Lord Cochrane,
+ late Commander of His Majesty’s ship _Impérieuse_, his officers and
+ crew, in obedience to the monition issued in this cause from this
+ Right Honourable Court, citing the said Lord Cochrane to appear and
+ show cause why distribution of the head or bounty money, for the
+ destruction of the said ship and other French ships of war, should not
+ be made to and amongst the admirals, captains, officers, and seamen of
+ all the ships composing the fleet under the command of the Right
+ Honourable Admiral Lord Gambier, at the time of the attack and
+ destruction of the said ships, and on behalf of his said parties
+ objected to such distribution, and in support of such objection
+ alleged that the said ship, _Ville de Varsovie_, was a French ship of
+ war—and together with _Le Tonnerre_, _L’Aquilon_, _Calcutta_, and
+ _L’Indienne_, and several other French ships of war, were in the month
+ of April, 1809, at anchor in Aix Roads, on the coast of France, and an
+ expedition was formed under the orders of the Right Honourable Admiral
+ Lord Gambier for the purpose of endeavouring to capture or destroy the
+ said French ships of war. That the said expedition consisted of His
+ Majesty’s line-of-battle ships, _Caledonia_, _Valiant_, _Revenge_,
+ _Cæsar_, _Theseus_, _Illustrious_, _Gibraltar_, _Donegal_, _Hero_,
+ _Bellona_, and _Resolution_; His Majesty’s frigates, _Impérieuse_,
+ _Indefatigable_, _L’Aigle_, _Emerald_, _Pallas_, and _Unicorn_; His
+ Majesty’s sloops, _Lyra_, _Dotterell_, _Foxhound_, _Redpole_, and
+ _Beagle_; and His Majesty’s gun-brigs, _Conflict_, _Insolent_,
+ _Fervent_, and _Growler_; and several bomb vessels, fireships,
+ explosion vessels, schooners, and cutters, and on the 11th day of the
+ said month of April, the preparations for that purpose being
+ completed, and the whole of the said fleet at anchor in Basque Roads,
+ on the outside of Aix Roads, and distant about six miles from the said
+ French ships of war, the explosion and firevessels proceeded into Aix
+ Roads under the immediate command of the said Lord Cochrane, who was
+ on board one of the same, and he commenced the attack on the enemy
+ while several of the frigates and sloops, gun-brigs and smaller
+ vessels also advanced on various points to support them; that in
+ consequence of such attack seven of the enemy’s ships were driven on
+ shore, and on the following day, April 12th, His Majesty’s ship
+ _Impérieuse_, commanded by the said Lord Cochrane, together with His
+ Majesty’s ships _Valiant_, _Revenge_, and several of the frigates and
+ smaller vessels, forming the inshore or advanced squadron, proceeded
+ in and engaged the said enemy’s ships so driven on shore; that about
+ three o’clock the said day the _Impérieuse_ attacked the _Calcutta_,
+ one of the said ships, mounting 56 guns, and after an obstinate
+ resistance she struck her colours to the _Impérieuse_ and was
+ immediately taken possession of and burnt; that the _Ville de
+ Varsovie_, mounting 80 guns, and _Aquilon_ and _Tonnerre_, mounting 74
+ guns each, three more of the enemy’s said ships were also attacked by
+ the said inshore or advanced squadron, and after sustaining a heavy
+ cannonade the two former about four o’clock struck their colours, were
+ taken possession of by the boats of the said inshore squadron, and
+ burnt, and the _Tonnerre_ was soon afterwards burnt by the enemy to
+ prevent her from being taken by the British ships.
+
+ That in _the evening_ of the said day His Majesty’s ships _Cæsar_ and
+ _Theseus_, together with some additional fireships were sent into Aix
+ Roads from the fleet to make a further attack upon the enemy; but the
+ _Cæsar_ having grounded before she could get within gun shot of the
+ enemy’s ships, the said two ships returned before daylight next
+ morning and rejoined the fleet without being able to effect anything
+ against the enemy; and on a subsequent day _L’Indienne_, another of
+ the said French ships, mounting 36 guns, which had been driven on
+ shore by the first attack, was also burnt by the enemy. And the said
+ Pott further alleged, that during the aforesaid attack and destruction
+ of the said enemy’s ships, _Calcutta_, _Ville de Varsovie_, _Aquilon_,
+ and _Tonnerre_; His Majesty’s ship, _Caledonia_, bearing the flag of
+ the Right Honourable Admiral Lord Gambier, together with the _Cæsar_,
+ _Theseus_, _Illustrious_, _Gibraltar_, _Donegal_, _Hero_, _Bellona_,
+ and _Resolution_, remained at anchor in Basque Roads above three miles
+ distant from the nearest of the enemy’s ships, and were _not within
+ reach of shot_ and never _were actually engaged with any of the said
+ ships_; and by reason of the premises the said several line-of-battle
+ ships are not entitled by law to share in the head or bounty money
+ payable for the attack and destruction of the said several French
+ ships of war, and in verification of what he so alleged the said Pott
+ craved leave to refer to extracts from the log books of the said
+ line-of-battle ships to be by him exhibited, and to the despatch sent
+ by the said Lord Gambier to the Lords Commissioners of the Admiralty,
+ bearing date 14th April 1809.
+
+ Wherefore he prayed the Right Honourable the Judge to reject the claim
+ of the said ships, _Caledonia_, _Cæsar_, _Theseus_, _Illustrious_,
+ _Gibraltar_, _Donegal_, _Hero_, _Bellona_, and _Resolution_, and to
+ decree the several ships of war belonging to the said fleet who were
+ _actually engaged with the enemy_ to be the only ships legally
+ entitled to the said head or bounty money, and to direct the
+ distribution to be made to them and to the said ship _Impérieuse_
+ accordingly.
+
+ ------------------------------------
+
+
+ APPENDIX IV
+
+ CONFIRMATION OF THE PRECEDING.
+
+ It appears by the log-books of the ships and vessels under the command
+ of Admiral Lord Gambier, in Basque Roads, on the 11th and 12th of
+ April, 1809, and also by his Lordship’s official letter to the
+ Admiralty, and by the Minutes of Evidence on his Lordship’s
+ court-martial, that, in consequence of an attack made on the evening
+ of the 11th upon the French fleet, then lying at anchor in the Roads
+ of Aix, by explosion vessels and fireships, under the command of Lord
+ Cochrane, the greater part of the French ships cut or slipped their
+ cables and ran on shore.
+
+ It further appears that Lord Cochrane in the _Impérieuse_ frigate
+ remained in an advanced position during the night, and that at
+ daylight the following morning he made the signal by telegraph to Lord
+ Gambier (who remained with the fleet at its anchorage in Basque Roads,
+ at the distance of about six miles from the enemy) that seven of the
+ enemy’s ships were on shore and might be destroyed.
+
+ It further appears that, in consequence of the above-mentioned signal,
+ or of subsequent signals of a similar or nearly similar purport, Lord
+ Gambier caused the fleet to unmoor and weigh, either immediately after
+ the first signal, according to his Lordship’s aforesaid official
+ letter, or after an interval of some time, according to the evidence
+ of some of the witnesses on his Lordship’s court-martial: but that he
+ again caused the fleet to come to an anchor at a distance of more than
+ three miles from the enemy.
+
+ It also appears that Lord Cochrane, in the _Impérieuse_, _without
+ assistance and without orders_, proceeded to the attack; and that it
+ was not till after his Lordship had made the signal that the enemy was
+ superior, which is coupled with the signal of distress, that Lord
+ Gambier sent in _a part_ of the fleet to his assistance; and it
+ further appears by his Lordship’s aforesaid official letter, and by a
+ due comparison of the minutes of evidence on the aforesaid
+ court-martial, that the _Calcutta_ had surrendered to the _Impérieuse_
+ before any of the vessels ordered to her assistance had joined.
+
+ And it further appears that the ships and vessels which were ordered
+ to join the _Impérieuse_, in consequence of the last-mentioned signal,
+ or, according to a further official letter of Lord Gambier, in
+ consequence of the _Impérieuse_ being observed to advance, did arrive
+ shortly after the surrender of the _Calcutta_, and joined in the
+ attack on such others of the enemy’s ships as had not had time to
+ effect their escape; and it further appears that, in consequence of
+ such attack by a part of the fleet only, the _Aquilon_ and _Ville de
+ Varsovie_ were captured and destroyed, and the _Tonnerre_ set on fire
+ by the enemy.
+
+ And, lastly, it appears that the only ships participating in the
+ attack were the following:—
+
+ The _Impérieuse_,
+ The _Valiant_,
+ The _Revenge_,
+ The _Indefatigable_,
+ The _Unicorn_,
+ The _Aigle_,
+ The _Emerald_,
+ The _Pallas_,
+ The _Beagle_,
+ The _Etna_ bomb, and
+ The _Insolent_, }
+ _Conflict_, }
+ _Encounter_, } Gun-Brigs.
+ _Fervent_, }
+ _Growler_, }
+ and that the _Caledonia_, Admiral Lord Gambier,
+ the _Cæsar_, Rear-Admiral Stopford,
+ and the _Donegal_,
+ _Resolution_,
+ _Theseus_,
+ _Gibraltar_,
+ _Illustrious_, and
+ _Bellona_
+
+ remained at anchor with the commander-in-chief, and were _in no
+ respect_ aiding or assisting in the attack upon the enemy’s ships, or
+ accessary to their capture or destruction.
+
+ _L’Aigle._
+
+[Sidenote: April 12.]
+
+ Captain’s log erroneous, and date of the
+ _Calcutta’s_ striking altered.
+
+ _Emerald._
+
+[Sidenote: Captain’s log.]
+
+ At 12·30 saw the _Impérieuse_ and _Etna_ bomb open
+ fire upon the enemy. At 1·30 answered signal 236.
+ (_Note._—By the _Caledonia’s_ signal, log 336): one
+ hundred having been added to the numbers that day.
+
+ _Growler._
+
+[Sidenote: Ship’s log]
+
+ 10·30 answered signal 314. Commander went on board
+ the Admiral. (_Note._—No notice is taken of the
+ fleet weighing.)
+
+ _Conflict._
+
+[Sidenote: Ship’s log.]
+
+ Weighed at 11 A.M.
+
+ P.M. at 1 made sail for the anchorage of Isle d’Aix.
+ At 3 came to, and commenced action with the enemy’s
+ ships on shore. At 4·30 answered signal as per
+ margin[105] made by _Imp_ \. At 5 observed four of
+ the enemy’s ships on fire! left off action.
+ (_Note._—Two of which were not burnt till next day.)
+
+ _Indefatigable._
+
+[Sidenote: Captain’s log.]
+
+ At 11·40 weighed for signal in company with the
+ squadron.
+
+[Sidenote: No ship’s or master’s log from March 15 1809!]]
+
+ At 12·15 shortened sail to let go the anchor. At 2
+ P.M. answered signals No. 166 and 366, with compass
+ signal south. Weighed and made sail in for Isle
+ d’Aix Roads, to assist H.M.S. _Impérieuse_. _Then
+ engaged with the enemy’s line-of-battle ships._ At
+ 3·30 shortened sail and came to in seven fathoms
+ with a spring on the cable, and commenced firing on
+ the enemy.
+
+ _Insolent._
+
+[Sidenote: April 12, Ship’s log.]
+
+ At 11·30 weighed for order of the Admiral. At 2 P.M.
+ anchored in six fathoms. At 3 weighed and _observed
+ Calcutta had struck_.
+
+ _Pallas._
+
+ At 12·15 anchored H.M.S. _Caledonia_.
+
+ _Revenge._
+
+ No Master’s or ship’s log.
+
+ No Captain’s log.
+
+ Lieut. Garland, who had sent in previous logs has
+ furnished no account of the proceedings in April
+ 1809 until the 24th, and the date of the
+ commencement of the said log is obviously altered,
+ as will clearly appear both as to the month and the
+ day.
+
+ Lieut. Millon, also of the _Revenge_, ends his log
+ on the 31st of March 1809; although on the
+ title-page he states it to contain the transactions
+ of that ship between the 18th of July 1808, and the
+ 19th of July 1809! And the Captain’s certificate
+ annexed, is dated the 17th of July 1809!
+
+ The logs of the other Lieutenants do not appear.
+
+ _Etna._
+
+ At 11 A.M. the Captain went on board the Admiral’s
+ ship. Weighed and made sail by signal, as did the
+ fleet to the southward. At 12, fleet anchored about
+ three miles from the Isle d’Aix. At 1 the Captain
+ came on board, steered in for the enemy’s fleet.
+
+ _Beagle._
+
+ At 11 A.M. starboard and larboard division weighed
+ with with fleet—standing off and on. Fleet anchored;
+ the _Impérieuse_ and _Etna_ bore up for the enemy.
+ At 2·15 _Impérieuse_ made signal to Admiral and
+ anchored with springs and opened her fire. At 2·30
+ Admiral made sign to frigates _Pallas_, _L’Aigle_,
+ _Emerald_, _Unicorn_, _Indefatigable_, _Growler_,
+ _Encounter_, _Insolent_ and _Conflict_ to anchor in
+ Charente River.
+
+-----
+
+Footnote 105:
+
+ No signal marked on the margin.
+
+-----
+
+ --------------
+
+ _Extract from the Log-book of H.M.S. Gun-brig Insolent._
+
+ April 12th, 1809, P.M.
+
+ At 3, weighed and observed _Calcutta_ had struck.
+
+ --------------
+
+ _Extract from the Signal-book of H.M.S. Caledonia._
+
+ April 12th, 1809, P.M.
+
+ 2·50, _Impérieuse_—General, 208. [Being the signal to close, in
+ consequence of which, the _Insolent_ weighed as appears by her
+ log-book at 3 o’clock.]
+
+ AFFIDAVIT MADE BY ME, DISCLOSING DE BERENGER AS THE VISITOR TO MY
+ HOUSE ON THE 21ST OF FEBRUARY 1814.
+
+ Having obtained leave of absence to come to Town, in consequence of
+ scandalous paragraphs in the public papers, and in consequence of
+ having learnt that hand-bills had been affixed in the streets, in
+ which (I have since seen) it is asserted that a person came to my
+ house, No. 13 Green Street, on the 21st day of February, in open day,
+ and in the dress in which he had committed a fraud, I feel it due to
+ myself to make the following deposition, that the public may know the
+ truth relative to the only person seen by me in military uniform at my
+ house on that day.
+
+ COCHRANE.
+
+ Dated 13 Green Street, March 11th, 1814.
+
+
+ I, SIR THOMAS COCHRANE, commonly called Lord Cochrane, having been
+ appointed by the Lords Commissioners of the Admiralty to active
+ service (at the request, I believe, of Sir Alexander Cochrane) when I
+ had no expectation of being called on, I obtained leave of absence to
+ settle my private affairs previous to quitting this country, and
+ chiefly with a view to lodge a specification to a patent, relative to
+ a discovery for increasing the intensity of light. That in pursuance
+ with my daily practice of superintending work that was executing for
+ me, and knowing that my uncle Mr. Cochrane Johnstone went to the City
+ every morning in a coach, I do swear on the morning of the 21st of
+ February (which day was impressed on my mind by circumstances which
+ afterwards occurred) I breakfasted with him, at his residence in
+ Cumberland Street, about half-past eight o’clock, and I was put down
+ by him (and Mr. Butt was in the coach) on Snow-hill about ten o’clock;
+ that I had been about three quarters of an hour at Mr. King’s
+ manufactory, at No. 1 Cock Lane, when I received a few lines on a
+ small bit of paper, requesting me to come immediately to my house; the
+ name affixed, from being written close to the bottom, I could not
+ read; the servant told me it was from an army officer, and concluding
+ that he might be an officer from Spain, and that some accident had
+ befallen to my brother, I hastened back, and found Captain Berenger,
+ who, in great seeming uneasiness, made many apologies for the freedom
+ he had used, which nothing but the distressed state of his mind,
+ arising from difficulties, could have induced him to do; all his
+ prospects, he said, had failed, and his last hope had vanished of
+ obtaining an appointment in America, he was unpleasantly circumstanced
+ on account of a sum which he could not pay, and if he could that
+ others would fall upon him for full 8000_l._ He had no hope of
+ benefiting his creditors in his present situation, or of assisting
+ himself; that if I would take him with me, he would immediately go on
+ board and exercise the Sharpshooters (which plan Sir Alexander
+ Cochrane I knew had approved of[106]); that he had left his lodgings
+ and prepared himself in the best way his means allowed. He had brought
+ the sword with him which had been his father’s, and to that and to Sir
+ Alexander he would trust for obtaining an honorable appointment. I
+ felt, very uneasy at the distress he was in, and knowing him to be a
+ man of great talent and science, I told him I would do everything in
+ my power to relieve him, but as to his going immediately to the
+ _Tonnant_ with any comfort to himself, it was quite impossible; my
+ cabin was without furniture, I had not even a servant on board. He
+ said he would willingly mess anywhere; I told him that the ward-room
+ was already crowded, and besides, I could not, with propriety, take
+ him, he being a foreigner, without leave from the Admiralty. He seemed
+ greatly hurt at this, and recalled to my recollection certificates
+ which he had formerly shown me from persons in official situations:
+ Lord Yarmouth, General Jenkinson, and Mr. Reeves, I think, were
+ amongst the number. I recommended him to use his endeavour to get them
+ or any other friends to exert their influence, for I had none, adding
+ that when the _Tonnant_ went to Portsmouth, I should be happy receive
+ him, and I knew from Sir Alexander Cochrane that he would be pleased
+ if he accomplished that object. Captain Berenger said that not
+ anticipating any objection on my part, from the conversation he had
+ formerly had with me, he had come away with intention to go on board
+ and make himself useful in his military capacity. He could not go to
+ Lord Yarmouth or to any other of his friends in this dress (alluding
+ to that which he had on), or return to his lodgings, where it would
+ excite suspicion (as he was at that time in the rules of the King’s
+ Bench), but that if I refused to let him join the ship now, he would
+ do so at Portsmouth. Under present circumstances however he must use a
+ great liberty, and request the favour of me to lend him a hat to wear
+ instead of his military cap. I gave him one which was in a back room
+ with some things that had not been packed up, and having tried it on,
+ his uniform appeared under his great coat, I therefore offered him a
+ black coat that was lying on a chair, and which I did not intend to
+ take with me; he put up his uniform in a towel, and shortly afterwards
+ went away, in great apparent uneasiness of mind, and having asked my
+ leave he took the coach I came in, and which I had forgotten to
+ discharge, in the haste I was in. I do further depose, that the above
+ conversation is the substance of all that passed with Captain
+ Berenger, which, from the circumstances attending it, was strongly
+ impressed upon my mind; that no other person in uniform was seen by me
+ at my house on Monday, the 21st of February, though possibly other
+ officers may have called (as many have done since my appointment); of
+ this, however, I cannot speak of my own knowledge, having been almost
+ constantly from home, arranging my private affairs. I have understood
+ that many persons have called under the above circumstances, and have
+ written notes in the parlour, and others have waited there, in
+ expectation of seeing me, and then gone away; but I most positively
+ swear that I never saw any person at my house resembling the
+ description and in the dress stated in the printed advertisement of
+ the members of the Stock Exchange. I further aver, that I had no
+ concern, directly or indirectly, in the late imposition, and that the
+ above is all that I know relative to any person who came to my house
+ in uniform on the 21st day of February, before alluded to. Captain
+ Berenger wore a grey great coat, a green uniform, and a military cap.
+ From the manner in which my character has been attempted to be
+ defamed, it is indispensably necessary to state that my connection in
+ any way with the funds arose from an impression that in the present
+ favourable aspect of affairs, it was only necessary to hold stock in
+ order to become a gainer, without prejudice to anybody; that I did so
+ openly, considering it in no degree improper, far less dishonourable;
+ that I had no secret information of any kind, and that had my
+ expectation of the success of affairs been disappointed, I should have
+ been the only sufferer. Further, I do most solemnly swear, that the
+ whole of the omnium on account which I possessed on the 21st day of
+ February 1814 amounted to 139,000_l._, which I bought by Mr. Fearn (I
+ think) on the 12th ultimo, at a premium of 28¼; that I did not hold on
+ that day any other sum on account, in any other stock, directly or
+ indirectly, and that I had given orders when it was bought to dispose
+ of it on a rise of 1 per cent, and it actually was sold on an average
+ at 29½ premium, though on the day of the fraud it might have been
+ disposed of at 33½. I further swear, that the above is the only stock
+ which I sold, of any kind, on the 21st day of February, except
+ 2000_l._ in money which I had occasion for, the profit of which was
+ about 10_l._ Further, I do solemnly depose, that I had no connection
+ or dealing with any one, save the above mentioned, and that I did not
+ at any time, directly or indirectly, by myself or by any other, take
+ or procure any office or apartment for any broker or other person for
+ the transaction of stock affairs.
+
+ COCHRANE.
+
+-----
+
+Footnote 106:
+
+ Sir Alexander, previous to his departure, had applied to the Admiralty
+ for the employment of De Berenger.
+
+-----
+
+
+ ------------------------------------
+
+
+ APPENDIX V.
+
+ LETTER FROM RICHARD GURNEY, ESQ. TO LORD|COCHRANE.
+
+ King’s Bench, Sept. 9th, 1814.
+
+ MY LORD,—In replying to your Lordship’s letter of yesterday, I beg to
+ observe that several applications have been already made to me from
+ several quarters, for the purpose of obtaining the particulars of the
+ conversation between the Honourable Mr. Murray, another gentlemen, and
+ myself, alluded to in your letter, but that I have hitherto refused to
+ comply with such applications, for reasons which must be sufficiently
+ obvious to every delicate and honourable mind. Being requested,
+ however, by your Lordship, to say whether “your name” was said to have
+ been connected “by De Berenger” with the imposition which he had “in
+ contemplation,” I can no longer hesitate in giving, to the best of my
+ recollection, a statement of the facts relating to your Lordship.
+
+ A few days before the late trial against your Lordship and others, I
+ was informed by Mr. Murray, that he was to be examined as a witness on
+ the approaching trial. I asked him what was the nature of the evidence
+ he had to give? He replied, that De Berenger had some time ago told
+ him that he, De Berenger, and Mr. Cochrane Johnstone, had a plan in
+ contemplation, which would be the means of putting a large sum of
+ money into each of their pockets: that he joked De Berenger, and asked
+ him to let him into the secret of the plan: that De Berenger laughed,
+ and refused to tell him what the plan was, saying it was too good a
+ thing to be made known.
+
+ Mr. Murray added that this conversion with De Berenger took place a
+ short time previous to the hoax on the Stock Exchange; and that it was
+ imagined, from a combination of circumstances, that De Berenger must
+ have had the hoax in view when he spoke of the plan between Mr.
+ Cochrane Johnstone and himself.
+
+ I asked Mr. Murray if your Lordship’s name was mentioned by De
+ Berenger? He replied, “_Oh, no; nothing was said about Lord
+ Cochrane_.”
+
+ I observed that I was glad of this, as I conceived De Berenger would
+ certainly have mentioned your name as well as Mr. Cochrane
+ Johnstone’s, had your Lordship been in the plot.
+
+ Mr. Murray rejoined, “_Yes, I think it very probable_.”
+
+ The morning after, Mr. Murray, in accidentally recapitulating the
+ conversation between De Berenger and himself, remarked, that upon
+ recollection he thought your Lordship’s name was mentioned by De
+ Berenger, and presently afterwards he observed, that, on
+ reconsideration, your Lordship’s name certainly was mentioned. I
+ naturally felt surprised at this statement, it being so contradictory
+ to that of the preceding day, and took the liberty of observing to Mr.
+ Murray, that I conceived he would act wrong, however correct his
+ intentions might really be, to give any evidence respecting your
+ Lordship, after so strangely forgetting himself as to the only part of
+ the conversation which could affect your case.
+
+ Other conversation passed, but I am not so positive and clear in my
+ recollection of it as of that which I have detailed to your Lordship.
+
+ I have the honour to be, &c.,
+ RICHARD GURNEY, Jun.
+
+
+ ------------------------------------
+
+
+ APPENDIX VI.
+
+ LETTER FROM LIEUT. PRESCOTT TO LORD COCHRANE.
+
+ King’s Bench, Nov. 28th, 1814.
+
+ MY LORD,—Having been requested by your Lordship to commit to writing
+ the information which I communicated to you some months ago, I have no
+ hesitation in complying with your request.
+
+ The substance of the account which I received from the persons whose
+ names I mentioned to you, and who may be called upon if required, is,
+ that they were of the party at a dinner, which was termed, “The Stock
+ Exchange Dinner,” provided by order of Mr. Harrison, at Davey’s
+ Coffee-house in the Bench, on the day before the _trial_; at which
+ dinner the Honourable Alexander Murray was also of the party, which
+ consisted of seven or eight persons: that after they had dined, and
+ the bottle had gone briskly round, Harrison said to Mr. Murray (who
+ was then, and still is, a prisoner for debt) that he would get his
+ affairs settled; _and as he should receive a large sum from the
+ Exchange for the conviction of Lord Cochrane, if he (Murray) wanted
+ 50l. he should have it to-morrow; proposing at the same time, “Success
+ to the Stock Exchange,” which was drunk in claret with loud cheering_:
+ that this took place in the public coffee-room, before many persons
+ both in the room and looking in at the windows, the dinner attracting
+ considerable attention from its style, which was unusual in the Bench:
+ that Mr. Harrison, in answer to a remark from one of the bystanders,
+ that the dinner would cost a round sum, said, it did not signify if it
+ cost 50_l._, as the Stock Exchange would pay for it: that when the
+ majority of the party had drunk as much as they could or were willing
+ to drink, Mr. Harrison ordered several full bottles to be placed on
+ the table; and the task of finishing the wine which remained devolving
+ at length on the Honourable Alexander Murray, and he being unable to
+ accomplish it by himself, he went into the lobby of the prison, and
+ procured two of the turnkeys to assist him.
+
+ The further account of one of the persons above alluded to (who
+ usually messed with Mr. Murray), is, that for some time previous to
+ the trial Harrison was daily with Mr. Murray, dining and drinking with
+ him; and that he was present when Harrison visited Mr. Murray,
+ accompanied by the solicitors, Messrs. H. and R.; on which occasion
+ Harrison said to Mr. Murray, “Here are the gentlemen who will
+ accomplish your wishes;” and one of those gentlemen replied, “_Yes,
+ Mr. Murray, after this trial of Lord Cochrane has past, we will then
+ attend to your liberation_:”[107] that he heard Mr. Harrison declare
+ in the lobby, as did many other persons, that he should receive a sum
+ of money _if he could procure evidence which would convict Lord
+ Cochrane_; intimating at the same time, that he was induced to offer
+ his services to the Stock Exchange, in procuring evidence against him,
+ by his personal antipathy to the whole family of the Cochranes, which
+ he said would never subside while he breathed; that, subsequent to the
+ trial, he has _repeatedly heard Mr. Murray express himself sorry for
+ having appeared in Court against Lord Cochrane, and acknowledge that
+ he had been the dupe of Harrison_, in persuading him that his
+ solicitors would undertake the arrangement of his affairs and effect
+ his liberation, provided he would appear as an evidence against Lord
+ Cochrane at the trial.[108]
+
+ _Shortly before_ the trial I addressed two letters to your Lordship on
+ the subject of Harrison’s visiting and tampering with Mr. Murray, who
+ was expected to appear as an evidence against you; but your Lordship
+ did not answer those letters, nor attend at that time to my
+ communications. The fact, however, was notorious in the Bench. Of my
+ own knowledge I have only to add, that on the day of the Stock
+ Exchange Dinner (as it was called), my attention was attracted by the
+ noise of the entertainment and the number of people collected; and I
+ went into the coffee-room and saw the party at the table, as did many
+ other persons; and towards the close of the evening I saw Mr. Murray
+ return from the lobby into the coffee-house, accompanied by one of the
+ turnkeys. It was well known _that Harrison was in a state of extreme
+ indigence previous to the trial_[109]; but shortly afterwards, I was
+ present when _he took a considerable number of bank-notes out of his
+ pocket_, and saw him place a 50_l._ note in the hands of a gentleman,
+ to remain till an account with Mr. Lewis was investigated. I have also
+ heard Harrison declare, in the presence of other persons, _that he
+ would ruin the whole Cochrane family_.
+
+ I am your Lordship’s most obedient servant,
+ THOMAS PRESCOTT.
+
+-----
+
+Footnote 107:
+
+ Messrs. H. and R. were Harrison’s solicitors on the trial between him
+ and the Hon. B. Cochrane, and have since been employed by Mr. Murray,
+ though they have not effected his liberation.
+
+Footnote 108:
+
+ It is due to the unfortunate Mr. Murray to observe, that his yielding
+ to the arts which appear to have been practised upon him, to induce
+ him to introduce my name into the evidence he had to give at the
+ trial, is solely to be attributed to the imbecility of his mind
+ (naturally good), occasioned by a long-continued habit of excessive
+ drinking.
+
+Footnote 109:
+
+ He was imprisoned for defaming Mr. Cochrane, and afterwards detained
+ for debt in the King’s Bench, where his acquaintance with Mr. Murray
+ is supposed to have commenced.
+
+-----
+
+
+ ------------------------------------
+
+
+ APPENDIX VII.
+
+MINUTES FURNISHED TO MESSRS. FARRER AND CO. MY SOLICITORS AT THE TRIAL,
+ AT THEIR OWN REQUEST, AND ENDORSED BY THEM, “LORD COCHRANE’S MINUTES
+ OF CASE.”
+
+ Lord Cochrane was not in habits of intimacy with De Berenger.
+
+ De Berenger never broke bread in Lord Cochrane’s house; and never, as
+ far as Lord Cochrane knows, sat down in it.[110]
+
+ Lord Cochrane’s servants never carried a note or letter to De
+ Berenger, or put any note or letter into the post for him.
+
+ De Berenger’s servants never brought any note or letter to Lord
+ Cochrane, or forwarded any addressed to him.
+
+ The only person who came to No. 13 Green Street, on the 21st of
+ February, in uniform, or the appearance of uniform, was De Berenger.
+
+ De Berenger wore a grey great-coat, without any trimming; and had a
+ green coat, or a coat with a green collar, under it.[111]
+
+ De Berenger sent a note to Lord Cochrane, which was delivered to him
+ at Mr. King’s manufactory, where he was in the daily habit of going.
+
+ The Hon. Major Cochrane was dangerously ill, and confined to his bed,
+ at that time in Spain.[112]
+
+ Lord Cochrane was appointed to command the _Tonnant_ but had obtained
+ leave of absence to draw up and lodge the specification to a patent.
+
+ His leave of absence was to expire on the[113] and he did write such
+ specification, and lodge it on the[114]
+
+ The man who happened to open the door to De Berenger had been hired
+ for the express purpose of going into the country to relieve Lord
+ Cochrane’s sea-steward, and did so accordingly.
+
+ No man whatever lived in Lord Cochrane’s house, except himself and one
+ or two servants.
+
+ The servants, who were discharged, had received a regular month’s
+ warning, and left in consequence thereof.
+
+ On[115] \, Lord Cochrane directed Messrs. Lance and Smallbone to
+ purchase for him 5000_l._ omnium for money[116]; but on going to the
+ office[117] with the intention to pay for it, he found that he had
+ neglected to bring the necessary sum; and having only about 50_l._
+ with him, he borrowed of Messrs. Fearn, Lance, and Smallbone, a sum
+ equal to the deficiency, except 200_l._ which was lent to his Lordship
+ by Mr. Butt.
+
+ Mr. Fearn was repaid on the following day[118] by the sale of the
+ omnium, Lord Cochrane having given orders to sell it, in the event of
+ his not being able to come into the city, which was the case.
+
+ Messrs. Lance and Smallbone repaid themselves, and Lord Cochrane
+ returned Mr. Butt the 200_l._ when he received the balance on Saturday
+ the 19th.
+
+-----
+
+Footnote 110:
+
+ Neither in Green Street, nor any former residence. See answer to an
+ anonymous letter, at the end of this publication.
+
+Footnote 111:
+
+ See the _second_ of the series of questions which I addressed to my
+ solicitors, July 25th.
+
+Footnote 112:
+
+ At Cambo, in France, on the borders of Spain.
+
+Footnote 113:
+
+ 28th of February.
+
+Footnote 114:
+
+ Ibid.
+
+Footnote 115:
+
+ 14th of February.
+
+Footnote 116:
+
+ Which they did on the 15th.
+
+Footnote 117:
+
+ On the 15th.
+
+Footnote 118:
+
+ On the 17th.
+
+-----
+
+
+ APPENDIX VIII.
+
+ King’s Bench, July 25th, 1814.
+
+ GENTLEMEN,—In consequence of what passed in the House of Commons on
+ Tuesday last, I feel it my duty to call upon you, as my solicitors on
+ the late trial, for answers to the following questions:—
+
+ Did I ever give you, in writing, any other instructions for the brief,
+ than a few observations contained in one sheet of paper, which was
+ afterwards endorsed by you, “Minutes of Case”?
+
+ Was not the description of De Berenger’s dress as contained in those
+ minutes, namely, “a grey great-coat, without any trimming, and a green
+ coat, or a coat with a green collar, under it,” understood by you to
+ have reference to what could be proved only, and not to imply a doubt
+ in my mind as to the colour of the under coat, but merely to intimate
+ that the witnesses might only be able to speak to the colour of the
+ collar, on account of the body of the coat having been concealed by
+ the great-coat?
+
+ Did not I, at your request, send my servants, Thomas Dewman and Mary
+ Turpin, to your office to be examined by you preparatory to your
+ drawing the brief? And were not you previously in possession of my
+ affidavit, in which the coat worn by De Berenger in my presence on the
+ 21st of February, is sworn to have been green? And were not you aware
+ that my said servants had also made affidavits that the officer they
+ saw at my house on that day wore a grey great-coat, buttoned up, with
+ a green collar underneath?
+
+ Did you not particularly question them as to the colour of the
+ under-coat? Did you not expressly ask them whether it was a red coat?
+ And whether they could swear that it was not a red coat? which they
+ could not, because it was worn under a great-coat, which was buttoned
+ up.
+
+ Was it not in consequence of repeated questions that they were induced
+ to admit that the under-coat might be red? Did either of my servants
+ admit that any part which he or she SAW of the under-coat was red?
+
+ Did you not, in consequence of the examination of my servants, insert
+ in the brief that the under-coat worn by De Berenger was a red coat
+ with a green collar?
+
+ Did you ever call my attention to _that_ part of the brief, by word or
+ letter? And do you really believe that I was privy and consenting to
+ the fact of my counsel being authorised by the brief to admit that
+ coat to be red, which I uniformly declared to you was green, and which
+ I had sworn to be green?
+
+ Did you read the whole of the brief to me, or merely detached parts?
+ Did I peruse it myself in your presence, or to your knowledge? Did you
+ ever, previous to the trial, furnish me with a copy of it?
+
+ Did I ever make any alterations in the depositions of the servants, or
+ in any part of the brief, relative to what they could depose on the
+ important subject of De Berenger’s dress? Did I ever desire you to
+ re-examine them on that point?
+
+ Did I ever, as far as you know and believe, give instructions to my
+ counsel? Did I ever attend any consultation? Was not my defence mixed
+ with Mr. Johnstone’s contrary to my orders? and did you inform me that
+ Mr. Johnstone’s counsel, and not my own, was to plead my cause?
+
+ Was I not, as far as you know and believe, absent from London for near
+ three weeks, previous to and up to the Monday preceding the trial?
+
+ Did you ever call the attention of the counsel, by word or letter, to
+ the difference between the statement in the brief and the affidavits
+ of myself and servants, respecting the dress of De Berenger? When did
+ the counsel, to the best of your belief, discover that difference?
+
+ Did I not send my servants to Guildhall on the 8th of June, the first
+ day of the trial, to be examined? Did I not send you a note by them,
+ to inform you that I had sent them for that purpose? Did I not send
+ them again on the second day of the trial? and did I not write to you
+ on that day, particularly requesting that they might be examined? When
+ did you receive my second letter? Was it not prior to the close of my
+ defence? and if subsequent, was it not at least several hours prior to
+ the close of De Berenger’s defence? Had the counsel, to your
+ knowledge, resolved at all events not to examine my servants? Did you
+ communicate to me such their determination? Have you any reason to
+ believe that I had the least knowledge, prior to the trial being
+ closed, that my servant would not be, or had not been, examined?
+
+ If I had been informed that the counsel had refused to examine them,
+ might I not have gone into Court, and personally demanded the
+ examination of my witnesses?
+
+ I am, &c.
+ COCHRANE.
+
+ Messrs. Farrer & Co.
+
+ --------------
+
+ Lincoln’s Inn Fields, Aug. 3, 1814.
+
+ MY LORD,—We were duly honoured with your Lordship’s letter of the 25th
+ ult. requiring our answers to many questions relating to the late
+ prosecution; but after what has passed, and the communications we have
+ already made, we hope your Lordship will agree with us in thinking,
+ that it would be highly improper in us now to answer any more abstract
+ or partial questions. We have, agreeably to your uncle’s desire, made
+ out, and now beg leave to inclose you our bill in that business, in
+ which you will find most of the facts to which your questions relate
+ stated as they occurred.
+
+ We are, &c.
+ FARRER AND CO.
+
+
+ ------------------------------------
+
+
+ APPENDIX IX.
+
+WESTMINSTER ELECTION.—LETTER FROM THE RIGHT HON. RICHARD BRINSLEY
+ SHERIDAN TO ARTHUR MORRIS, ESQ., HIGH BAILIFF OF WESTMINSTER.
+
+ Saville Row, Sunday evening, July 10, 1814.
+
+ SIR,—Observing that you have called a meeting to-morrow, to be held in
+ Palace Yard, to consider of a fit person to fill up the present
+ vacancy in the representation of the City of Westminster, and having
+ myself received very earnest applications from numerous and
+ independent bodies of its inhabitant householders, requiring that I
+ should meet their wishes by proposing myself as a candidate, I take
+ the freedom of addressing these lines to you, to say that I absolutely
+ decline to be put in nomination in opposition to Lord Cochrane.
+
+ I send you this my determination without concert or communication with
+ the respectable persons to whom I have above referred, and towards
+ whom I must ever continue to give the utmost gratitude.
+
+ I trust that I need not declare that I should have felt greatly
+ honoured by having been again returned the representative of
+ Westminster; my title to aspire to that distinction is simply that
+ after more than thirty-one years’ service in Parliament, I can,
+ without fear of successful contradiction, assert that I never gave a
+ vote that was not in support of the truth of liberty, and in assertion
+ of the people’s rights, duly respecting at the same time the just
+ prerogatives of the Crown, and revering the sacred principles upon
+ which was founded and maintained the glory and the security of our
+ unrivalled Constitution.
+
+ Holding these opinions, as a public man, have I hitherto sat in the
+ House of Commons; and never will I accept a seat there but on the sole
+ condition of being the master of my own vote and voice—the servant
+ only of my conscience.
+
+ As to the present question, which occasions your meeting to-morrow, I
+ enter not into it. No man feels more the reverence due to the seats of
+ justice, or the confidence due to the verdicts of juries. But under
+ the circumstances of an expulsion from the House of Commons, I do not
+ hesitate to say, that I have a decided opinion that the expelled
+ member has a right to appeal to his constituents, with a view to the
+ restitution of his seat and the rescue of his character.
+
+ On these grounds, Sir, I will not allow myself to interfere with the
+ present appeal made on the part of Lord Cochrane, and to which I
+ conceive him to be so justly entitled.
+
+ In adopting this determination, I beg leave distinctly to state, that
+ I waive my claim to solicit the suffrages of the electors of
+ Westminster in favour of Lord Cochrane alone.
+
+ I have the honour to be, Sir, &c.
+ RICHARD BRINSLEY SHERIDAN.
+
+
+ ------------------------------------
+
+
+ APPENDIX X.
+
+ [_The Times_, July 12th, 1814.]
+
+ WESTMINSTER MEETING.
+
+ Yesterday there was a very numerous meeting at Palace Yard, convened
+ by the high bailiff, for the purpose of nominating a fit and proper
+ person to represent the City of Westminster in Parliament.
+
+ The high bailiff shortly stated the purpose for which the present
+ meeting was convened. He had received two letters, which it would be
+ his duty to read to them. The one was from Lord Cochrane (_loud shouts
+ of applause_), the other from Mr. Sheridan (cries of “_No Sheridan!_”
+ and loud expressions of disapprobation from the multitude who supposed
+ that Mr. Sheridan was offering himself as a candidate).
+
+ The letter from Lord Cochrane was first read. He enclosed to the high
+ bailiff a full and unmutilated account of the defence made by him at
+ the House of Commons, which he requested him to read to the meeting.
+
+ (Many voices called out, “_Read, read!_” while many others, both on
+ account of the great length of it as well as the danger of publishing
+ certain passages of it, cried “_No, no!_”).
+
+ The high bailiff declined to read it. He then read the letter from Mr.
+ Sheridan, waiving his claims in favour of Lord Cochrane.
+
+ The high bailiff then asked if any gentleman had anything to propose.
+
+ SIR F. BURDETT came forward amid the loudest applause. He had on many
+ occasions witnessed with pleasure the generous feeling and independent
+ spirit of the electors of Westminster; but he had never on any
+ occasion witnessed the ebullition of their feelings with such
+ satisfaction as on the present occasion, as there never was one in
+ which it was more important. The question now was, whether an innocent
+ individual (_loud applause_), for so he conceived him to be, should be
+ destroyed by the machinations of corruption and power, or whether he
+ should be supported by the voice of his constituents. He hoped that by
+ the suffrages of the electors of Westminster, that character would be
+ maintained which he thought had never in any instance been forfeited.
+ They had heard a letter read from Mr. Sheridan, who had with great
+ propriety and prudence withdrawn his pretensions, such as they were.
+ Of the value of that gentleman’s claims and pretensions he would not
+ now judge; but he thought that it was prudent and polite of him not to
+ press them at present against the popular feeling and the current of
+ public opinion. They had heard also a letter from Lord Cochrane, who
+ wished his defence to be read to them at length. It was not surprising
+ that the high bailiff should decline reading that statement, or that
+ no other person should be found bold enough to do so. At a time when
+ libel was an offence so undefined in its nature that no man knew when
+ he might be speaking or writing libels, he could not himself say
+ whether he was not about to speak libels, but that consideration
+ should not prevent him from speaking the truth. Lord Cochrane had,
+ however, with that fortitude which he had so often displayed in the
+ defence of his country, and which had never been more strongly
+ displayed than during the late trying occasion, ventured boldly to
+ speak his mind in the House of Commons, and was now ready to incur all
+ the additional risks of publishing the statement he had there made.
+ When he had made that statement, the minister of the country, or, as
+ he should term him, the _nose leader_ of that illustrious and august
+ body (_a laugh_), not having the power of gagging Lord Cochrane, or
+ preventing his assertion of his innocence, and knowing well the effect
+ that such an appeal to the public would naturally produce, rose, in
+ all the blushing honours of his blue ribbon, to impose silence upon
+ the corrupt and degraded press that is still suffered to exist in this
+ country. At the moment when the House of Commons was going to
+ stigmatise Lord Cochrane with an additional vote conveying censure,
+ the minister thought that it was not proper that the people should
+ hear his defence. Lord Cochrane, feeling, however, as a man of honour
+ must do, that no risk was comparable to the loss of character, wished,
+ at every hazard, to support his hitherto unsullied character and
+ reputation. He therefore wished that his address should be read to the
+ meeting; but the high bailiff must, on such an occasion, be allowed to
+ exercise his own discretion and judgment. When the uniform conduct of
+ their chairman was taken into consideration, everybody must be
+ convinced that his motives were always just and honourable, and
+ therefore it would be most unhandsome in them to press him to act
+ contrary to his own judgment in this particular instance. He felt it
+ now unnecessary to detain the meeting with entering into a detail of
+ the case: the statement of the noble lord had, however, explained
+ those circumstances which appeared to require explanation. He should
+ not now find fault with the jury that tried Lord Cochrane (who were,
+ as he was informed, very respectable persons); but he should for ever
+ find fault with that mode of picking out a jury which Lord Cochrane
+ had called packing them. He did not mean to find fault with the
+ verdict which they found upon the evidence that was laid before
+ them—evidence which was so skilfully and so artfully got up against
+ him by those who had the arrangement of the prosecutor’s case, and
+ which had been so feebly met by those who undertook the defence of
+ Lord Cochrane. On such evidence they had found Lord Cochrane guilty of
+ a fraud of which he was sure that he was as incapable as any gentleman
+ whom he had then the honour of addressing. The noble lord had
+ certainly charged the noble and learned judge who tried him with a
+ false statement of the facts of the case, and with a gross
+ misdirection to the jury. As Lord Cochrane had been prevented, by the
+ rules of law from having the opportunity of having his case re-tried,
+ he now came before the public for the vindication of his character. He
+ should contend, however, that the rule which was set up against the
+ granting to his Lordship a new trial was contrary to the law, as the
+ law never requires a man to do impossibilities. As, however, some of
+ those who were tried with Lord Cochrane had fled from the country, and
+ others were evidently not under his control, it was impossible that he
+ should have been able to bring them all into court at the time he
+ wished to move for a new trial. The principle, however, that the law
+ never requires of a man to do impossibilities was maintained on
+ another occasion with respect to those proceedings. When, on the part
+ of some others who had been tried with him, an objection had been made
+ to the indictment as not being sufficiently specific, the answer was,
+ it was impossible to make it comprehend every point, and that the law
+ did not require impossibilities. If the law, however, did not require
+ impossibilities in the one case, neither would it require them in
+ another (_great applause_). They must all remember what an impression
+ had been made on the public mind before the trial by the publishing of
+ evidence, if evidence it could be called, which was given before that
+ body that designated themselves the Committee of the Stock-Exchange.
+ He was convinced that almost every man in the court had formed his
+ opinion from this publication of evidence, before the Stock-Exchange
+ Committee, before Lord Cochrane had been put upon his trial. He had
+ heard of what was called the summing up of the noble judge; but his
+ idea of a summing up was, the statement of all the items on the one
+ side and on the other, without addition or subtraction, and presenting
+ to the jury a fair balance. His idea of a judge was that he should be
+ a person free from passion or strong feeling on the case he was to
+ try; but that he was to assist the jury by a clear and impartial
+ statement of the evidence on the one side and on the other.
+
+ The noble judge who tried Lord Cochrane was an eloquent person, and,
+ as he thought, his eloquence on this occasion had been unfortunate for
+ himself. He thought that he had been as eloquent as an advocate, and
+ as an impassioned advocate. Indeed, some of his phrases and metaphors
+ appeared to him more nearly to resemble the language of poetry (_a
+ laugh_), and would, as he thought, give him fairer pretensions to the
+ situation of Poet Laureate, than some who had aspired to it
+ (_laughter_). When he had spoken of “hunting down the chase, and
+ getting the skin,” it reminded him of the old proverb, “that the man
+ who sold the lion’s skin, while the lion was yet alive, was himself
+ killed in the chase.” He believed that Lord Cochrane was not yet
+ hunted down; but that, on the contrary, he was now turning against his
+ hunters. It now remained for the electors of Westminster to vindicate
+ the character of an illustrious person who had rendered great services
+ to his country (_loud applause_); services which, if he had even been
+ guilty of the meanness imputed to him, should, as he thought, have
+ protected him from the degrading infamy which it was now intended to
+ have inflicted upon him. (“_No, no!_” from many persons, as expressing
+ a hope that the sentence would not be inflicted.) He should hope that
+ the malice of his enemies would not prevail; but even if he were to
+ suffer that degrading punishment, he would confidently look for his
+ acquittal to the unpacked and uncorrupted verdict of his constituents
+ and his countrymen at large. He say, that if Lord Cochrane was to
+ stand in the pillory, he should feel it his duty to attend also (_loud
+ shouts of applause_, which lasted for many minutes). The disgrace that
+ might be intended for Lord Cochrane, would, so far from stamping him
+ with infamy, remove in the public opinion the idea of infamy from the
+ punishment of the pillory. No man, that had hitherto conceived it an
+ honour to follow the noble Lord would, for the future, conceive it
+ infamy to stand in the pillory in which he had stood. It appeared to
+ him that instead of destroying Lord Cochrane, the infliction of that
+ part of the sentence would destroy the punishment of the pillory for
+ the future. If even Lord Cochrane had been guilty of the offence with
+ which he was charged, would it be supposed that it was for that
+ offence he had incurred such vengeance, or would it not rather be
+ supposed that the real crime, which could not be forgiven, was his
+ bold and independent conduct in the defence of their rights and
+ liberties? (_applause_). This was a crime as unpardonable in the eyes
+ of some men as that which is called by religious men the sin against
+ the Holy Ghost. How marked a difference was there between the
+ punishment inflicted upon him and the treatment of the most notorious
+ delinquents and depredators of the public purse. They, forsooth, are
+ all honest gentlemen, and meant to pay back at some time or another;
+ and by places and pensions they were often enabled to pay back to the
+ public out of their own money. This put him in mind of a story he had
+ once heard of a Scotch gardener, who flourished and grew rich while
+ his neighbours were failing. One of them, however, having got up very
+ early in the morning, met him with a cartful of wall-fruit, which he
+ had stripped from their gardens, and asked him, “Where are you going?”
+ The Scotchman answered, “I am going back again” (_a laugh_). This was
+ the case with the great public delinquents: when they were found out,
+ they were let go back again. He had no doubt but that with the sense
+ they appeared to entertain, both of the innocence and merits of Lord
+ Cochrane, they would enable him again to go to the House, not for the
+ purpose of pruning that hateful system whose branches had extended so
+ wide, but for the purpose of laying the axe to the root of corruption
+ (_applause_), in order that a natural and wholesome vegetation might
+ take its place. He had exerted himself to rescue the property of his
+ gallant brethren in arms from the gripe of legal harpies; he had acted
+ with independence in circumstances where it was not easy to act
+ independently. He thought that a real independent representative, a
+ man not connected with or swayed by any party, stood in rather a
+ forlorn and difficult situation. Having said so much, he should leave
+ the case of Lord Cochrane to their decision; to them he should commit
+ not his life, for that he had freely and often risked for honour at
+ the cannon’s mouth, but that immortal part, which was far dearer to a
+ man of honour than his life, his reputation and his character. To them
+ he now confidently made his appeal, and he trusted that he should not
+ be disappointed. After a few more observations, he concluded by moving
+ the following resolution:—
+
+ “Resolved, that in the opinion of this meeting, Lord Cochrane is
+ perfectly innocent of the offence for which he has been sentenced to
+ receive an infamous punishment.”
+
+ MR. WISHART seconded the motion. Great pains, he said, had been taken
+ to trace one part of the route of De Berenger; but not so much with
+ respect to the other. He did not think that the witnesses on the trial
+ were perjured; but Berenger might have brought the coat along with him
+ in the bundle which he held in his hand. Lord Cochrane came forward
+ like an innocent man, and stated all that he knew of the transaction;
+ nor could it be reasonably inferred that he was implicated in the
+ fraud because Berenger came to his house. The rule of the Court had
+ placed Lord Cochrane in a most difficult and perplexing situation; a
+ rule wholly unknown to the best times of the constitution. Judges thus
+ took the law in their own hands, and encroached upon the functions of
+ Parliament. He did not intend to arraign the conduct of the jury,
+ though the verdict of the juries who had condemned Russell and Sidney
+ had been subsequently reversed (_loud applause_), because it had been
+ improperly obtained, and the memory of those illustrious patriots
+ would remain embalmed in the recollections of the latest posterity.
+ Many judges had been an ornament to the country that gave them birth,
+ such as Sir M. Hale, Lord Camden, and others; and would to God judges
+ like them always presided in the seat of justice. Every man who was
+ actuated by a cause of justice, or by the feeling of humanity, would
+ pour the balm of consolation into the wounded spirit of the noble
+ Lord, who had deserved so well of his country, and who, from some, at
+ least, of his countrymen, had met with such an ungrateful return.
+
+ MAJOR CARTWRIGHT said there was nothing in any part of the evidence
+ which warranted the learned lord (Ellenborough) in stating that De
+ Berenger came to the house of Lord Cochrane emblazoned in all the
+ costume of his crime. Such an assertion would only be accounted for
+ upon the supposition, that in his charge to the jury he had trusted
+ rather to his memory than to his notes. The evidence against Lord
+ Cochrane was like a grain of sand in one hand, while that in his
+ favour was like Westminster Abbey in the other (_loud and reiterated
+ applause_).
+
+ MR. WALKER thought that it was the duty of the noble Lord’s
+ constituents to replace him in his situation as Member for Westminster
+ (_shouts of applause_).
+
+ MR. ALDERMAN WOOD, when he first heard of the charge against Lord
+ Cochrane, had said he was innocent, and that he had not the heart nor
+ the disposition to commit a fraud (_applause_). After the trial he was
+ of the same opinion, and everything that had since taken place
+ contributed still more to strengthen that belief. He had heard from
+ one of the jury (who had assured him that others of that jury were of
+ the same sentiment), that had the evidence since produced been brought
+ forward upon the trial, or had Lord Cochrane been in Court and made
+ his own defence, it would have been impossible to have found him
+ guilty (_bursts of applause_). If necessary, he could bring the
+ individual alluded to before them (“_Bravo, bravo!_”). When he first
+ heard of the result of the trial, he, as an elector of Westminster,
+ had been turning in his mind whom it might be proper to propose for
+ their representative. He was happy to think that now there was no
+ opportunity for any deliberation of that kind, for the electors of
+ Westminster would do justice to an injured character, and return him
+ by their verdict to that House from which he had been expelled (_loud
+ applause_). The resolution was then put and carried by acclamation.
+
+ SIR F. BURDETT then moved the second resolution:—
+
+ “That it is therefore the opinion of this meeting, that Lord Cochrane
+ is a proper person to represent the City of Westminster in Parliament,
+ and that he be put in nomination at the ensuing election.”
+
+ This was seconded by MR. STURCH, and carried unanimously, and with
+ great applause.
+
+ SIR F. BURDETT then moved the third:—
+
+ “That a Committee be appointed for the purpose of carrying into effect
+ the foregoing resolutions, with power to add to their number.”
+
+ This was also agreed to, and Sir Francis proposed several names, among
+ which were Mr. Alderman Wood, Mr. Brooks, Mr. Adams, and Mr. Jones
+ Burdett, &c.
+
+ The Hon. Baronet next moved the fourth resolution:—
+
+ “That a subscription be entered into to defray the expenses of the
+ ensuing election, toward which it is the bounden duty of every elector
+ and friend to purity of election to contribute.”
+
+ It was seconded by MR. WISHART, who said that as the City of
+ Westminster had set an honourable example in returning members free of
+ expense, it became their character to continue the practice: but their
+ treasury was not inexhaustible, and he hoped that every friend to the
+ purity of election would come forward and contribute on this occasion
+ (_applause_).
+
+ MAJOR CARTWRIGHT moved the fifth resolution:—
+
+ “Resolved—That the thanks of this Meeting be given to Sir Francis
+ Burdett, and the forty-three honourable members who voted against the
+ expulsion of Lord Cochrane.”
+
+ Sir F. Burdett returned thanks; and, after a vote of thanks to the
+ high bailiff, the meeting broke up.
+
+
+ ------------------------------------
+
+
+ APPENDIX XI.
+
+ [_The Morning Chronicle_, July 18th, 1814.]
+
+ WESTMINSTER ELECTION.
+
+On Saturday last, in pursuance of the notice of the high bailiff, a
+numerous body of the Westminster electors met at the porch of St.
+Paul’s, Covent Garden, to choose a fit person to represent their city in
+Parliament. At ten o’clock proclamation was made and the writ read, when
+SIR F. BURDETT came forward on the hustings, and, addressing the
+electors, said, that in pursuance to the unanimous resolutions of the
+electors of Westminster in Palace Yard, he had appeared to put in
+practice that which was unanimously determined on at that time, by
+putting in nomination the person whom they had then determined to be
+worthy to represent them. And such was the effect which that unanimous
+expression of opinion had produced, that, almost for the first time,
+they were not faced by any Court candidate; for such was the weight that
+it carried, that it had imposed silence in all quarters (_applause_). It
+would ill become him to detain them long from that great purpose—great
+it was, for it was the purpose of doing justice and maintaining the
+oppressed which they were that day assembled to accomplish, but he
+thought it his duty to add a few words on so novel and important an
+occasion (_marks of approbation_). The assembly of that day presented
+the most august spectacle to the mind of man—it was the image of a free
+people—of a body of free men, appealed to in the last resort, from all
+minor and inferior jurisdictions, by an oppressed individual—oppressed
+by corrupt machinations and artful combinations. From whatever cause
+this oppression arose, it was enough that he was oppressed, and that he
+had appealed from his oppressors to the justice of the people at
+large—for the character by which the people of England was most
+distinguished was the love of justice (_applause_). It was needless to
+attempt to display any of the merits peculiar to Lord Cochrane, because
+whatever these merits or demerits, if any such existed (of which he, Sir
+F.B. was not aware), were of little consequence. It was not in the view
+of personal merits or demerits, but in the defence of a man oppressed
+unjustly, as they believed—in support of justice, that they were called
+on to give their suffrages on this occasion. Though idle reports or
+malignant artifices had been played off against Lord Cochrane, even had
+they not carried in themselves their own refutation, they would have had
+no weight with the electors of Westminster. Free bodies of electors had
+always shown a disposition to support the oppressed, and particularly in
+the case of that individual whose apostacy had done such injury to the
+cause of liberty, and who had always been thought by those who knew him
+intimately, to have been unprincipled—John Wilkes. In that case, despite
+of all dislike to the character of the man, he was maintained because he
+was an object of oppression, and because he had avowed those principles
+of public liberty which could never fail to vibrate in the hearts of the
+people of England (_loud applause_). We had lately had amongst us the
+great sovereigns of distant states, to whom we had shown that respect
+and kindness which they claimed, from the regard they had shown to human
+liberty and human happiness; when, had they appeared in their artificial
+characters of princes only, they might have passed unheeded without any
+marks of our affection and regard (_applause_). He regretted that they
+had now departed from this country without seeing what he (Sir F.B.)
+then saw, and which outshone all the shows and entertainments (_a
+laugh_) with which, as a mark of respect, they had been justly
+entertained—the spectacle of a free people in the act of maintaining an
+oppressed fellow-citizen against the arm of corruption and power
+(_applause_). Such a spectacle as this no other nation on the earth
+could afford....
+
+We had heard a great deal lately about hoaxes, especially of that in
+which my Lord Cochrane had been so innocently and unfortunately
+implicated. We have been told of a trial by jury, who are supposed to be
+impartial men, taken at random; now my Lord Cochrane has been tried—tho’
+I think no blame attaches to the jury who tried him, who, I think, under
+the circumstances did their duty—not by a jury of the country, but by a
+packed and selected jury. There is no greater hoax than to try a man by
+such a jury (_applause and laughter_),—and to tell him he had been tried
+by a jury of his country. We have been told that the judge should not
+only be impartial, and sit on the bench as a stone, with no feeling, but
+with all judgment, but that he should be a counsel for the prisoner.
+What sort of counsel for Lord Cochrane was my Lord Ellenborough? (_Loud
+laughter and applause_). Indeed my Lord Cochrane has been the most
+hoaxed of any man (_applause_).
+
+That very morning he (Sir F. Burdett) had been looking into a newspaper
+which was famous for hoaxing, and which formerly produced the fabricated
+French news—he meant the _Morning Post_ (_a laugh_). In that paper there
+was a paragraph, stating that the Princess Charlotte was delighted at
+her residence at Carlton House, and was highly gratified to see her old
+friends about her. This he should conceive was somewhat of a hoax (_a
+laugh_). It was given out to the public that those gew-gaws in the
+parks, that the childish amusement of squibs and crackers, were all
+intended solely for the delight of the British public, which public, by
+the way, would have to pay all the expenses out of its own pockets. Was
+not this a hoax? (_A laugh._) But there was one still greater. There was
+a large body of placemen who grow rich with the public money, and yet
+were so fastidiously delicate that they could not endure that any
+peculator of a different stamp should associate with them. Those
+immaculate persons who thus lived by the public purse chose to call
+themselves the representatives of the people of England. He trusted that
+the example set by the City of Westminster would spread through every
+part of the kingdom, and that the corrupt would be taught that England
+was not to be so represented. If other places would act like
+Westminster, and return their members to Parliament not only without
+expense, but without the least solicitation, in that case Corruption
+would receive, if not her death-blow, yet such a wound as would prevent
+her from ever re-assuming an influence pernicious to the best interests
+of the country. He would now propose to them Sir Thomas Cochrane,
+commonly called Lord Cochrane; as a fit representative to serve them in
+Parliament (_great applause_).
+
+MR. STURCH seconded the motion. He had never had any personal or
+political connection with Lord Cochrane till he visited his Lordship in
+prison; and he should support his Lordship because he was persuaded that
+he had been condemned on imperfect evidence, and because the severity of
+his sentence was such as to astonish the whole nation.
+
+The high bailiff then put the question, which was carried with
+acclamations and unanimously, and the high bailiff then declared Lord
+Cochrane to be elected (_loud applause_).
+
+ALDERMAN WOOD next addressed the meeting. He began by alluding to some
+newspapers which had called his conversation with the juryman
+_chit-chat_. He denied that it was _chit-chat_; it was a solemn
+assertion made by a gentleman in the name of himself and some of his
+fellow-jurors. He begged the electors to dismiss from their minds these
+calumnies which had appeared respecting Lord Cochrane’s treatment of his
+father. He had made the most anxious inquiries into that matter, and had
+gone late last night to gain more particular information; and he was
+able to assure them positively that Lord Cochrane had always been
+distinguished for his kindness, generosity, and attention to his poor
+unfortunate father. It was evident that there existed somewhere a very
+vindictive feeling towards Lord Cochrane. As a proof, he would mention
+that order of the Secretary of State which directed that the punishment
+of the pillory should take place on the 10th of August (cries of “_No
+Pillory_”). Now it had always been usual to leave the time to the
+discretion of the Sheriff, who never inflicted this punishment at so
+early a period after the sentence. If he himself were Sheriff he should
+refuse to obey such an order; and should content himself with alleging
+that the time appointed did not suit him (_great applause_). The worthy
+Alderman concluded by an allusion to the paragraph concerning the
+Princess Charlotte. He had reason to know, that in spite of all that
+high satisfaction which she was said to feel in her own residence, she
+had made three attempts to escape (_laughter and applause_).
+
+The usual thanks followed, and the meeting dispersed.
+
+
+ ------------------------------------
+
+
+ APPENDIX XII.
+
+ [Cobbett’s _Political Register_, July 30th, 1814.]
+
+ RE-ELECTION OF LORD COCHRANE.
+
+ In consequence of the unanimous return of his Lordship to fill his
+ seat in Parliament, as one of the representatives for the City of
+ Westminster, the following letters passed between his Lordship and Mr.
+ Brooks, Treasurer of the Westminster Committee. It is a fact, perhaps
+ not generally known, that, with the exception of one or two
+ newspapers, the London journals have thought proper to refuse giving
+ publicity to this correspondence. Such, indeed, is the degraded state
+ of our press, that the editor of a Sunday paper, in giving his
+ Lordship’s letter, omitted several of the most striking passages in
+ it, which, as was done in publishing his defence, he supplied with
+ stars!
+
+ Committee-room, King Street, Covent Garden,
+ July 16th, 1814.
+
+ MY LORD,—I am directed by the Committee of Electors of Westminster,
+ appointed at the general meeting held in New Palace Yard, on Monday
+ the 11th instant, to acquaint your Lordship that you were this morning
+ nominated as a fit and proper person to fill the vacancy in the
+ representation of the City of Westminster in Parliament, occasioned by
+ your Lordship’s expulsion; and that you were immediately re-elected,
+ without opposition, and with the most lively expressions of universal
+ approbation. The Committee further direct me to convey to your
+ Lordship their sincere congratulations on an event so happily
+ demonstrative of the sense which your constituents entertain of the
+ accusation which has been brought against you, _and of the very
+ extraordinary proceedings by which it has been followed up_; and to
+ assure your Lordship that it affords them the highest gratification to
+ find that you are able to oppose to the envenomed shafts of malice and
+ party spirit the impenetrable shield of conscious innocence. They
+ rejoice to see that the prejudices occasioned by gross and shameless
+ misrepresentation are fast wearing away from the public mind; and they
+ trust that the time is near when your Lordship’s character will appear
+ as fair and unblemished in the view of every individual in the British
+ empire, as it now does in the eyes of the electors of Westminster.
+
+ I have the honour to be, my Lord,
+ Your Lordship’s most faithful and obedient servant,
+ SAMUEL BROOKS, _Chairman_.
+
+ To Lord Cochrane.
+
+ ------------------
+
+ King’s Bench, July 18th, 1814.
+
+ SIR,—Amongst all the occurrences of my life, I can call to memory no
+ one which has produced so great a degree of exultation in my breast as
+ this, which, through a channel which I so highly esteem, has been
+ communicated to me, that, after all the machinations of corruption
+ (bringing into play her choicest agents) have been able to effect
+ against me, the citizens of Westminster have, with unanimous voice,
+ pronounced me worthy of continuing to be one of their representatives
+ in Parliament. Merely to be a member of the House of Commons (as now
+ made up) is something too meagre to be a gratification to me; but when
+ I reflect on that love of country, that devotion to freedom, that
+ soundness of judgment, that unshaken adherence to truth and justice
+ which have invariably marked the proceedings of the citizens of
+ Westminster, and when I further reflect that it is of Sir Frances
+ Burdett whom they have now, for the third time, made me the colleague,
+ how am I to express, on the one hand, my gratitude towards them, and,
+ on the other, the contempt which I feel for all the distinctions of
+ birth, and for all the wealth, and all the decorations which ministers
+ and kings have it, under the present system, in their power to bestow.
+ With regard to the case, the agitation of which has been the cause of
+ this, to me, most gratifying result, I am in no apprehension as to the
+ opinions and feelings of the world, and especially of the people of
+ England, who, though they may be occasionally misled, are never
+ deliberately cruel or unjust. Only let it be said of me:—the
+ _Stock-Exchange_ have accused; _Lord Ellenborough_ has charged for
+ guilty; the _Special Jury_ have found that guilt; the _Court_ have
+ sentenced to the pillory; the _House of Commons_ have expelled; and
+ the _Citizens of Westminster_ HAVE RE-ELECTED. Only let this be the
+ record placed against my name, and I shall be proud to stand in the
+ Calendar of Criminals all the days of my life. In requesting you, sir,
+ to convey these my sentiments to my constituents at large, I cannot
+ refrain from begging you, and the other gentlemen of the committee, to
+ accept my particular and unfeigned thanks.
+
+ I am, Sir, your most obedient, humble servant,
+ COCHRANE.
+
+ To Samuel Brooks, Esq., Chairman of the Committee
+ of the Electors of Westminster.
+
+
+ ------------------------------------
+
+
+ APPENDIX XIII.
+
+ TO THE ELECTORS OF WESTMINSTER.
+
+ King’s Bench, Aug. 10th, 1814.
+
+ GENTLEMEN,—It is fresh in your recollection that when Lord Ebrington,
+ contrary to my opinion, which was conveyed by letter to his Lordship,
+ and at my request read by him to the House, made his motion for a
+ remission of that part of the sentence which was to have been executed
+ this day, Lord Castlereagh was empowered to state that the Prince
+ Regent had already done that which it was the object of Lord
+ Ebrington’s motion to effect. You will also remember that Lord
+ Castlereagh, instead of immediately making his communication, and
+ preventing an unnecessary, and consequently improper discussion,
+ withheld it from the House for a considerable time, and thus afforded
+ the Attorney and Solicitor-General and himself an opportunity of
+ making a new and violent assault upon my character and conduct.
+ Although many of their arguments had been previously refuted, and
+ others were well answered at the time, yet it was impossible for those
+ honourable Members who entertained a favourable opinion of me to
+ answer every accusation which the Solicitor-General and others brought
+ forward by surprise. It remains, therefore, for me to offer some
+ observations in my own defence, in which my reason will appear for
+ having suffered some delay to occur in the execution of this important
+ duty.
+
+ In the course of the Solicitor-General’s speech he asserted that, in
+ my defence, I had mis-stated the circumstances of the transaction, and
+ had charged my solicitors with a gross dereliction of duty. I shall
+ show that I have neither mis-stated circumstances nor made any
+ unfounded accusation. He further asserted that he would take upon
+ himself to say that the brief had been drawn up from my own
+ instructions. The fact is, I have never denied that I gave
+ instructions for the brief. It is true, however, that I gave no
+ specific instructions to counsel, and attended no consultation; but it
+ is obvious that without some instructions or some information from me
+ to my solicitors there could have been no brief at all. My solicitors
+ themselves applied to me for written instructions, and I, of course,
+ furnished them with such particulars as occurred to me on the subject,
+ which are written on one sheet of paper, and might have been written
+ on one page. This paper is indorsed by my solicitors, “Lord Cochrane’s
+ Minutes of Case,” and may be seen in my possession.[119]
+
+-----
+
+Footnote 119:
+
+ It was discovered by His Majesty’s law officers that these few
+ hints, or “Minutes of Case,” given to my solicitors, at their own
+ solicitation, preparatory to drawing the brief, furnish a
+ contradiction to my assertion in the House, that _I gave no
+ instructions to counsel_. I was desirous of giving these learned
+ gentlemen the full benefit of the discovery by making them public,
+ when I published this Address to the Electors of Westminster, but
+ was prevented by a suggestion that the Address, with the other
+ important documents annexed, were already too long for a
+ communication to the newspapers; and so the editor of one of those
+ prints appears to have thought, for he omitted two very important
+ and inoffensive paragraphs. As the same reasons no longer exist, I
+ insert the “Minutes of Case” between the Address and the questions
+ to the solicitors.
+
+-----
+
+ I apprehend that it was the duty of my solicitors to have sent me a
+ copy of the brief, which, however, they did not; and I repeat that,
+ previous to the trial, I never read it. It appears that they
+ particularly called my attention to an unimportant circumstance which
+ they had inserted in the brief, or the examinations attached, in
+ consequence of an erroneous communication from my servant, who had
+ confounded the circumstances of two different occurrences.[120] This
+ was the “one particular” which the Solicitor-General says that I
+ myself corrected. I admitted that this error was expunged by my
+ authority, and opposite the four lines which contained it, is written,
+ “Read this to Lord Cochrane,” which I think is an argument that the
+ greater part of the brief was not read to me; particularly as there
+ are twelve lines expunged in another place, opposite which my name
+ does not appear. My solicitors, however, assert, that though I did not
+ read the brief myself, they read the greater part of it to me; and on
+ their assertion I will admit that they did so, though I have no
+ recollection of the fact. But if it could be shown that they drew my
+ attention to every line of the brief, except only to that one most
+ important point, the description of De Berenger’s dress, which
+ immediately follows the four lines expunged, I still think that they
+ were guilty of very reprehensible negligence. In my affidavit, which
+ was before them, and was introduced into the brief, the coat worn by
+ De Berenger is sworn to have been _green_; and in the examinations
+ attached to the brief it is stated to have been _red_. It is
+ impossible that this most important difference could have escaped
+ their observation, and yet it is true that they never called my
+ attention to it. I may affirm, without fear of being again
+ contradicted, that I did not know that the dress of De Berenger, which
+ I had sworn to be green, was in any part of the brief, much less in
+ the examinations of my servants, described to be red; because it is
+ impossible, unless I had been absolutely insane, that I should not
+ only have been satisfied with a brief which authorised my counsel to
+ contradict my own affidavit, but have been anxious to send my servants
+ into court to give evidence against me.
+
+-----
+
+Footnote 120:
+
+ See this explained, in the answer to an anonymous letter, at the
+ end.
+
+-----
+
+ If my solicitors actually read this part of the brief to me, it was
+ obvious that I was not giving that attention which a man conscious of
+ guilt naturally would have given. The word “RED,” if I had heard it,
+ must have instantly excited my particular notice. But “if the
+ difference between red and green escaped my observation,” what did my
+ solicitors “think”[121] of it? My accusers chiefly depended for my
+ conviction on proving that De Berenger appeared before me in the red
+ coat in which he committed the fraud. Is it possible that one of my
+ solicitors should have read it to me and not have said, “You observe,
+ Lord Cochrane, that this is contradictory to your affidavit?” To have
+ read it to me without a pause, and have suffered it to pass without
+ observation, is, I think, as negligent as not to have read it at all;
+ and is wholly irreconcileable with the assertion of Mr. Abercrombie,
+ that both parts of the brief were read over to me with the utmost
+ care.
+
+-----
+
+Footnote 121:
+
+ In more than one account of Lord Ellenborough’s charge, his Lordship
+ was represented to have said, “If the difference between red and
+ green escaped Lord Cochrane’s observation, what did he think of the
+ star and medallion?”
+
+-----
+
+ If, in my defence in the House of Commons, I did not state the manner
+ in which I apprehend the difference between the brief and the
+ affidavit originated, it was because I could not have stated it
+ without throwing the more blame on my solicitors than I felt inclined
+ to do. I have been challenged by the Attorney-General to unseal the
+ lips of my solicitors and counsel. My solicitors, however, did not
+ wait for me to unseal their lips, as is evident by what is called the
+ counter-statement, with which they thought proper to furnish Mr.
+ Abercrombie and others; and I think it rather unreasonable to require
+ me to unseal the lips of my counsel to qualify them to give evidence
+ against me, when I could not succeed in unsealing their lips on the
+ trial to speak one word in my behalf. My own counsel, Mr. Topping and
+ Mr. Scarlett, whom I fully expected would have advocated my cause,
+ never spoke in my defence. In saying this, however, I cast no blame on
+ those gentlemen, because I have no doubt that, under the circumstances
+ then known to them, they acted as they thought best. Neither do I mean
+ to blame Mr. Serjeant Best (the counsel for Mr. Johnstone), who,
+ contrary to my expectation and direction, defended my cause in
+ conjunction with that of his own client. He made as able a speech as
+ any advocate could have done, with the information he possessed, and
+ under his then circumstances; but he intimated at the time, and
+ afterwards authorised me to assert, that he was not able to do justice
+ to the cause; and it is a just ground of complaint, that after Mr.
+ Serjeant Best had been exhausted by fifteen hours’ close attention and
+ confinement, he was not allowed a few hours to recover himself and
+ prepare for the defence.
+
+ To return: I do, however, accept the daring of the Attorney-General,
+ and freely release my solicitors and counsel from every obligation of
+ secresy.[122] I might perhaps have done this sooner, but the delay has
+ not been occasioned by any doubt in my mind as to the propriety of the
+ step, or fear of the consequences. I thought, however, after the
+ statement which has been circulated by my solicitors, that it was my
+ duty, in the first place, to put to them certain questions, which I
+ was not aware would have occasioned much delay; but after a lapse of
+ nearly a fortnight, they wrote to inform me, that they thought it
+ would be improper to answer those questions. I now lay them before the
+ public.
+
+-----
+
+Footnote 122:
+
+ I have not learnt that any of these gentlemen have made any
+ disclosures in consequence of this release.
+
+-----
+
+ I particularly authorise the counsel employed for the defence, to
+ state their reasons for determining to defend me conjointly with Mr.
+ Johnstone, contrary to the opinion of Mr. Adam expressed on the 6th of
+ May, contrary to their own opinion expressed on the 24th of May, and
+ contrary to my opinion and direction expressed on the 29th of May; and
+ I also particularly authorise them to assign the reason for their
+ opinion, that no witnesses ought to be examined on my part[123]; and
+ especially their reasons for not examining my servants on the subject
+ of De Berenger’s dress, notwithstanding my earnest desire to have them
+ examined. I am also willing, nay, I am anxious, that Mr. Serjeant Best
+ should state, whether, when he admitted that the coat was red, and not
+ green, he did not imagine that I had sworn falsely by design? I know
+ that in his speech he attributed my description of the coat to error
+ only, but I am anxious to know whether he did so from his feelings as
+ a man or his sense of duty as an advocate? Until I am better informed,
+ I shall incline to the opinion that he was actuated by the latter
+ feeling only; because, if he really imagined that he had to defend an
+ innocent man, I do think that he would not, without previously
+ communicating with me on the subject, have had recourse to the
+ dangerous expedient of admitting that to be _red_ which I have sworn
+ to be _green_, however embarrassed he might have been by the confusion
+ of his brief, or exhausted by the fatigue and long confinement which
+ he had undergone.
+
+-----
+
+Footnote 123:
+
+ From an item in my solicitor’s bill, dated June 6th, only two days
+ before the trial, I extract the following: “Attending a consultation
+ at Mr. Serjeant Best’s chambers, when your case was fully
+ considered, and all the counsel were decidedly of opinion that you
+ must be defended jointly with the other defendants; and the counsel
+ recommended your servants being in attendance on the trial, although
+ they still remained of opinion that neither they nor any other
+ witness ought to be examined on your part.” In a subsequent item,
+ dated June 7th, the day before the trial, I am represented to have
+ acquiesced; not, however, in the non-examination of my witness, but
+ in the _joint defence_. It appears, however, that I held out to the
+ last; and if I did acquiesce, it was then high time to do so,
+ otherwise, in all probability, I should not have been defended at
+ all.
+
+-----
+
+ I stated in the House of Commons that I gave no instructions to
+ counsel, and attended no consultation. I now see the folly of this
+ negligence; for if I had personally attended to my interests, and
+ conferred with my advocates on the subject, I have no doubt that I
+ should have fully convinced them of my innocence. I believe that,
+ subsequent to the trial, there is not a single individual with whom I
+ have conferred on the subject who has not left me with that
+ impression.
+
+ To come now to the manner in which the error in the brief originated,
+ I have no hesitation in acknowledging that I am at issue with my
+ solicitors on that point. Their account is, that two of my servants,
+ whom I had sent to their office to be examined as to the evidence they
+ could give on the trial, admitted that De Berenger wore a _red_ coat
+ with a green collar. My servants, on the contrary, assure me that they
+ did not, and could not, admit that it was a red coat; because, when
+ they saw De Berenger, he wore a great-coat buttoned up, and they
+ neither saw the body nor the skirts of the under coat; but the collar,
+ and so much of the breast as they saw, were green: but they admit,
+ that on being questioned by my solicitors, whether they could swear
+ that it was not a red coat; they confessed that they could not, and
+ admitted that it might be red, and that the green which they saw might
+ be green facings to a military coat: but they have constantly declared
+ that no part which they saw was red, and they deny that they ever
+ admitted that they saw any red.
+
+ My solicitors were in possession of their previous affidavits,
+ describing De Berenger to have worn a grey great-coat buttoned up, and
+ a coat with a green collar underneath. I shall not deny that my
+ solicitors considered the admissions of the servants to amount to an
+ acknowledgment that the coat was red; but I shall ever believe that
+ such admissions actually went no further than that, since they did not
+ see the body of the coat, it might, for aught they knew, be red—and
+ possibly, that they supposed it was red, because the wearer having a
+ sword and military cap, they conceived him to be an army officer. The
+ description which my solicitors introduced into the brief, in
+ consequence of this examination, namely, a red coat with a green
+ collar, neither accords with my description nor with the coat actually
+ worn by De Berenger on his way from Dover, which, as proved by the
+ witnesses on the trial, was either wholly scarlet, or turned up with
+ yellow.
+
+ If I had been a party to the fraud, and had sworn falsely as to the
+ colour of the coat, I doubtless might also have been wicked enough to
+ have endeavoured to suborn the servants to perjure themselves in my
+ behalf; but I should hardly have ventured to send them to my
+ solicitors to be examined on the subject, without previously
+ instructing them myself: and it can hardly be supposed, that if they
+ had been on their guard from any previous instructions of mine, that
+ my solicitors, in the common course of examination, would have
+ obtained from them any evidence which militated against my own
+ statement. I should naturally, too, have felt some anxiety to know the
+ result of their examination; yet the truth is, that I never asked them
+ a single question on their return from the solicitor’s office. Indeed,
+ if I had questioned them as narrowly as one may suppose a guilty man
+ who had sent his servants on a guilty errand of so much danger and
+ importance would have questioned them, I should in all probability
+ have discovered whether they had or had not executed that errand to my
+ satisfaction. At all events, I should have been anxious to know the
+ result of their examination as entered in the brief; and if it be true
+ that it was actually read to me by my solicitor, I must, under such
+ circumstances, have lent too attentive an ear to have suffered the
+ ruinous word _red_ to have escaped my observation. I must, too, have
+ shown certain symptoms of uneasiness on hearing that word, which could
+ not have escaped the observation of the reader, particularly as the
+ contradiction between that word and my oath must have been present to
+ his mind. And lastly, with the knowledge that the brief contained a
+ flat and fatal contradiction to my own affidavit out of the mouths of
+ my own servants, I should hardly have suffered it to have gone to my
+ counsel in that state; and then have pressed, in the way in which I
+ did press, to have those servants examined at the trial.
+
+ How my solicitors could admit so fatal a contradiction into the brief,
+ without drawing my attention to it immediately by letter, it is for
+ them to explain; yet they admit that they never wrote to me on the
+ subject. They very quietly, however, inserted it, and let it remain in
+ the brief until I should happen to discover it; which, as I have
+ pretty clearly proved, never did happen previous to the trial. It was
+ on the second day of the trial, and not before, that, to my very great
+ surprise, I discovered in a newspaper the admission of my counsel in
+ contradiction to my affidavit. “Yet,” says the Attorney-General,
+ “there was no mistake and no surprise: if there had, the Judges would
+ have dispensed with their rule, and granted a new trial: but, no!
+ there was nothing of that sort here.”
+
+ In whatever way my solicitors took the examination of my servants on
+ the subject of De Berenger’s dress, it is indisputable that nothing
+ can justify their neglect in not immediately drawing my attention to
+ the difference between the result of that examination and the
+ statement in my own affidavit. “It never can be permitted,” said the
+ Solicitor-General, “that a person accused should try in the first
+ instance how far he could go without his own witnesses; and then,
+ should the result prove unfavourable, how far he could go with them.”
+ How unjust this observation is, as applied to me, is well known to my
+ solicitors—they well know how anxious I was to have my witnesses
+ brought forward _in the first instance_. Those witnesses would and
+ could conscientiously have sworn to the green collar, which would have
+ sufficiently corroborated the description in my affidavit, as it never
+ was pretended that De Berenger wore a green collar to his scarlet
+ coat.
+
+ It was asked by the Attorney-General “if the servants could have
+ confirmed the affidavit, where was the advocate who could have been
+ stupid enough to hesitate to produce them?” It is possible, however,
+ that advocates may be prejudiced, may be mistaken, and may be misled
+ by their brief.[124]
+
+-----
+
+Footnote 124:
+
+ It is also possible that they may be compelled to attempt the
+ exercise of their duty when incapacitated by faintness and fatigue.
+
+-----
+
+ I hope that it will now appear to be satisfactorily proved, not only
+ that I did not see De Berenger in his scarlet coat, but that he did
+ not come to my door, nor _even enter the hackney-coach in that
+ dress_.—(See the annexed affidavits.)
+
+ In reply to the Solicitor-General’s observation, that I had sought to
+ establish my own innocence by recrimination upon the Judge and Jury, I
+ shall at present merely ask the learned gentleman whether he is of
+ opinion that a like sentence for a like offence would have been passed
+ on any nobleman or member of Parliament on his side of the House?
+ Would a punishment which, according to the unfortunate admission of
+ the Attorney-General, is calculated “to bow down the head with
+ humiliation ever after,” together with fine and imprisonment, and the
+ privation of every office and honour, have been thought little enough
+ for a ministerial defendant on such a charge? And if the candour of
+ the learned gentleman impels him to answer in the negative, is it not
+ fair to inquire whether he thinks that such an one would even have
+ been convicted on similar evidence? The Attorney-General observed,
+ “that he was glad that the period had arrived when the trial could be
+ read at length, and thus do away the effect of those imperfect
+ statements which misled the public mind.” Reserving my remarks on the
+ trial for a future opportunity, I shall at present just ask the
+ Attorney-General how it comes that he, who is so anxious that the
+ public mind should not be misled, should have made the unfounded
+ assertion, that I not only pocketed a large sum of money by the fraud,
+ but put off absolute ruin? Such an assertion is the more inexcusable
+ in the Attorney-General, who had every facility of obtaining more
+ correct information. His own broker could have told him that the
+ Omnium which I possessed on the 19th of February, when the fraud must
+ have been in agitation, could have been sold on that day at 27⅝. The
+ average cost was 27⅞; so that the whole loss on the 139,000_l._
+ Omnium, if sold on that day, would not have amounted to above 400_l._
+ And when it is considered that the result of my previous speculations
+ was a gain of 4,200_l._ received, and 830_l._ in the hands of my
+ broker, how does the Attorney-General make it out that I had so
+ embarrassed myself by such speculations, as to have no other than
+ fraudulent means of escaping absolute ruin? Besides, I can assure the
+ learned gentleman, if he is not already apprised of the fact, that if
+ I had held the Omnium till the 1st, 3rd, or 4th of March, I should
+ have sold it at a profit; and if I had held it till the settling-day,
+ when I must of necessity have sold it, I should not have lost half the
+ sum I had previously gained. But if upon the whole I had lost a few
+ hundreds, or even thousands, how would the Attorney-General be
+ justified in inferring my absolute ruin? It is well known that I had
+ been more successful at sea than almost any other officer of my
+ standing in the navy, and that I have constantly lived, not only
+ within my income, but at less expense than almost any other person of
+ my rank in society. On what grounds, therefore, is the
+ Attorney-General warranted in representing me as a person in such
+ desperate circumstances as to be obliged to have recourse to the
+ lowest knavery in order to avert absolute ruin?
+
+ With respect to the other assertion, that I pocketed a large sum of
+ money in consequence of the transactions of the 21st of February, did
+ not the learned lawyer know that the Stock Exchange Committee had
+ seized not only 1,700_l._ of my money, which was my actual profit from
+ that day’s sale, but also a further sum of 770_l._ to answer their
+ exaggerated calculation of that profit? and that the aforementioned
+ sum of 830_l._ was also lost through the proceedings of that
+ Committee? If the learned gentleman knew nothing of all this, I can
+ only observe, that he ought to have informed himself on the subject
+ before he made such statements in the House of Commons.
+
+ I have the honour to be,
+ Gentlemen, with great respect,
+ Your most obedient and faithful servant,
+ COCHRANE.
+
+
+ ------------------------------------
+
+
+ APPENDIX XIV.
+
+ ADDRESSES FROM PAISLEY.
+
+ Canal Street, Paisley, Aug. 18th, 1814.
+
+ SIR,—By inserting the following addresses to Lord Cochrane and the
+ electors of Westminster, you will oblige your readers in this place.
+ Accustomed as we have been to the acts of the abettors of corruption,
+ it is with a mixture of pity and contempt we have witnessed the
+ eagerness with which they have endeavoured to heap every sort of
+ contumely upon Lord Cochrane’s head. Thanks to his numerous friends,
+ they have in this instance been wretchedly disappointed, and though he
+ has been stripped of those honours which “the breath of kings can
+ bestow,” he still retains what they have not the power to give or take
+ away—the applause and admiration of his grateful countrymen.
+
+ Yours, with great respect,
+ JOHN M’NAUGHT.
+
+ W. Cobbett, Esq.
+
+At a meeting of a number of inhabitants of Paisley, in the Salutation
+Inn, upon August the 5th, 1814, for the purpose of celebrating the
+triumph of Lord Cochrane, the following addresses to the Electors of
+Westminster, and to Lord Cochrane, were agreed to:—
+
+ TO THE ELECTORS OF WESTMINSTER.
+
+ GENTLEMEN,—The times in which we live have been denominated a new era.
+ They have produced so many extraordinary and marvellous events, that
+ we cannot help thinking the designation just; but such has been their
+ effect on the public mind, that we almost cease to wonder at anything,
+ however extraordinary. Were it not for this apathy, this callous
+ effect, scarcely anything in modern times would have made a deeper
+ impression than the trial and condemnation of your representative,
+ Lord Cochrane. In spite, however, of this disadvantage, we rejoice to
+ find that this event has produced the very impression it ought to have
+ made; it has produced an impression at once calculated to confound the
+ malice of his enemies, to cheer the heart of every patriot, and to
+ cherish that spirit of justice and independence which has long been
+ dear to every Briton.
+
+ Allow us, therefore, to congratulate you and our country on the signal
+ triumph which justice has obtained in your re-election of Lord
+ Cochrane,—an election which could only proceed from a universal
+ consciousness of the innocence of his Lordship, and which has placed
+ that innocence on an immovable foundation. You have had many struggles
+ with corruption, in all of which you have appeared as illustrious
+ examples to mankind. In this last instance you have, if possible,
+ surpassed yourselves; you have appeared as the focus of justice; it
+ has been your prerogative to give the public feeling effect.
+
+ We would by no means be understood to insinuate anything to the
+ prejudice of the jury which tried his Lordship. Trial by jury we hold
+ so sacred and invaluable that we deprecate any reflection that would
+ seem to throw a shade on so glorious an institution; but we may freely
+ observe that, like every other human institution, it must be liable to
+ abuse. We can easily imagine that a jury may be placed in such
+ circumstances as to be rendered absolutely incapable of knowing the
+ truth; a villanous arrangement of the evidence to be produced, a
+ malicious and undue influence on the part of the judge, &c. may
+ deceive a jury, and produce as much evil under the forms of law, as
+ private vengeance could inflict. But while it is said that Lord
+ Cochrane was tried and condemned by a special jury, it will also be
+ said that he was tried by the electors of Westminster; he was tried by
+ his country and acquitted.
+
+ We conclude by expressing our hope that whenever the hydra of
+ corruption shall put forth her head, you will be found at your posts,
+ ready to strike it off, or inflict a mortal wound; the times are still
+ ominous, and the nation has its eyes fixed on you; we trust that you
+ will not relax in your vigilance till malice and injustice hide their
+ diminished heads, and innocence no longer find its only solace in
+ heart corroding grief.
+
+ We are, gentlemen, &c.
+ JOHN M’NAUGHT, _Chairman_.
+
+ --------------
+
+ TO LORD COCHRANE.
+
+ MY LORD,—There is such a dissonance between conscious innocence and
+ imputed guilt, that an upright mind must necessarily be confounded on
+ receiving an atrocious charge; and even when the falsehood of the
+ charge is made apparent, the recollection of it is often so bitter,
+ and its consequences so injurious, as almost to equal the pangs and
+ the deserved punishment of real guilt. Your case, my Lord, is one of a
+ singular complexion. Trained in the paths of honour, habituated to
+ patriotic deeds and high exploits, and possessing in an eminent degree
+ that noble disinterestedness, that open frankness peculiar to a naval
+ life, to you the recent charge must have been extremely galling.
+ Convinced of your innocence, permit us to approach your Lordship to
+ express the interest we have taken in that extraordinary affair. When
+ the charge was first preferred, we considered its improbability so
+ great as to require the strongest evidence to make it good. We rejoice
+ to find such evidence was wanting; nay, more, the lofty spirit of
+ independence, the keen sense of honour, which you manifested
+ throughout the whole affair; your astonishing address before the House
+ of Commons, and subsequent illustrations, has destroyed every vestige
+ of guilt, and placed your Lordship’s innocence in the most
+ advantageous point of view. The universal sentiment in your favour,
+ but especially the admirable conduct of the electors of Westminster,
+ have raised you to a higher eminence than that from which you had
+ fallen. You were, indeed, guilty of a crime,—a crime unpardonable in
+ the eyes of corruption; you had dictated energy and efficiency to
+ warlike measures; you sought the glory and happiness of your country,
+ you sought for justice to your associates in war; was it then to be
+ wondered at that malice should make you a favourite mark? No, my Lord;
+ but thanks to this enlightened age, her shafts have been diverted in
+ their course, and by their obliquity have centred in herself.
+
+ My Lord, allow us to conclude by expressing our confidence that the
+ circumstances which have called forth this address will, if possible,
+ strengthen your habits, and elevate your patriotic views, that when
+ the time arrives for resuming public functions, you will be found the
+ same intrepid, fearless champion of public and private right you have
+ ever been.
+
+ Accept, my Lord, the assurance of our regard,
+ JOHN M’NAUGHT, _Chairman_.
+
+
+ ------------------------------------
+
+
+ APPENDIX XV.
+
+ ADDRESS FROM CULROSS.
+
+ _Address presented to Lord Cochrane by the inhabitants of Culross._
+
+ We, the inhabitants of the royal burgh of Culross and neighbourhood,
+ beg leave to offer your Lordship our heartfelt congratulations on
+ being re-elected a member to serve in the House of Commons for one of
+ the first cities in the kingdom; which event may be considered as the
+ verdict of the last tribunal to whom you had appealed from the charges
+ lately preferred against you. While the firmness with which you met
+ those charges has called forth our highest admiration, we rejoice that
+ they have now been so clearly proved to be unfounded, and that the
+ cloud which threatened your destruction has been dispelled. In the joy
+ everywhere diffused on this occasion, none can more cordially
+ participate than the inhabitants of Culross; and we beg to assure your
+ Lordship of their unabated attachment to, and respect for, the family
+ of Dundonald.
+
+ Calling to mind the many heroic actions your Lordship has performed in
+ your country’s cause, we look forward with confidence to a renewal of
+ your ardent and gallant exertions for her advantage, notwithstanding
+ the persecutions you are now suffering. And we sincerely hope that in
+ defiance of party and faction, you shall again shine forth an ornament
+ to your profession, an honour to your country, and the boast of this
+ place, the ancient residence of your noble family.
+
+ We beg also to express our wish that your Lordship may speedily forget
+ those sufferings an honourable mind must sustain whilst struggling
+ against gross and unfounded accusations.
+
+ Signed in the presence and by the appointment of the meeting,
+
+ W. MELVILLE, B.
+ JOHN CAW, _Secretary_.
+
+
+ ------------------------------------
+
+
+ APPENDIX XVI.
+
+ LORD COCHRANE’S ANSWER TO ADDRESS FROM CULROSS.
+
+ King’s Bench, Aug. 18th, 1814.
+
+ SIR,—I take the earliest opportunity which the pressure of my affairs
+ afforded me of conveying to my much-respected friends of Culross my
+ heartfelt thanks for the interest they take in my character and
+ welfare, and for the truly gratifying manner in which they have
+ demonstrated their feelings, which are at once an honour to themselves
+ and to me. You may, with great truth, assure our respectable townsmen
+ that their unfeigned congratulations on my re-election add greatly to
+ the satisfaction which I derive from that triumphant event; and that
+ whatever may be the value of my actions, the motives in which they
+ originate ever have been, and ever shall be, such as may claim the
+ reward of their good opinion. I send you a newspaper containing the
+ letter of De Berenger, by which you will perceive that my enemies have
+ now an agent even within the confines of my prison. But I shall
+ eventually triumph over all their machinations.
+
+
+ ------------------------------------
+
+
+ APPENDIX XVII.
+
+ ADDRESS OF THE INHABITANTS OF KIRKALDY TO THE ELECTORS OF WESTMINSTER.
+
+ Kirkaldy, Sept. 8th, 1814.
+
+ In consequence of previous intimation, a considerable number of the
+ well-disposed and respectable inhabitants of Kirkaldy assembled at the
+ Wellington Inn here, for the purpose of forming a congratulatory
+ address to the honourable, free and independent electors of
+ Westminster, on their re-election of the Right Honourable Lord
+ Cochrane; when the following was publicly read and approved of;
+ ordered to be signed by the chairman in the name of the meeting, and
+ transmitted by the secretary to the Honourable Sir Francis Burdett,
+ Baronet.
+
+ WILLIAM DAVIDSON _in the Chair_.
+
+ GENTLEMEN,—In imitation of the very respectable inhabitants of
+ Paisley, we now presume to step forward to congratulate you on the
+ laudable and praiseworthy step you have lately taken in re-electing
+ the Right Honourable Lord Cochrane as one of your members for
+ Westminster, whom the base time-servers of the day had, through wicked
+ and deceitful means, unwarrantably deprived of his seat in Parliament.
+ Not satisfied with this, his Lordship’s enemies pushed matters so far
+ as to obtain a sentence of pillory, fine, and imprisonment, as if he
+ had been a common felon; nay, more,—deprive him of those laurels he
+ had so magnanimously won, and so justly merited at the hand of his
+ country. His Lordship’s firmness and praiseworthy resignation under
+ these uncommon sufferings we cannot too much admire and respect; and
+ we fondly hope that, notwithstanding all these afflictions, his
+ innocence will soon be confirmed by the exposure of those base
+ intriguers and their intrigues, to the utter confusion of all
+ time-serving placemen and their confederate hirelings. We rejoice that
+ his Lordship possesses laurels more noble and lasting, which it is not
+ in the power of princes nor their advisers to bestow or take away. We
+ also trust that when his Lordship shall assume his honourable seat he
+ will be more emboldened than heretofore, in conjunction with your
+ other Honourable Member Sir Francis Burdett, in opposing corruption
+ and its abettors, till the nation, roused from its lethargy, shall
+ unite in behalf of all those who have been unjustly wronged; and thus
+ will our little happy island outvie and triumph over all her enemies,
+ both at home and abroad.
+
+ Gentlemen, we hope and flatter ourselves that you will have no cause
+ to lament the re-election of your Right Honourable Member; we have no
+ doubt his Lordship will be proud of the honour you have done him, as
+ it cannot but attach him more closely to you and to the interests of
+ the nation. We know that many thousands in Great Britain rejoice at
+ the step you have taken, and the victory obtained by his Lordship, who
+ nevertheless are afraid to show themselves lest, like some of old,
+ they are put out of the Synagogue. We still hope, however, that the
+ stigma cast on his Lordship’s friends, instead of intimidating them
+ will rather embolden them to come forward and publicly declare the
+ sense they have of his Lordship’s innocence. That the honourable and
+ praiseworthy electors of Westminster may prosper and succeed in all
+ their laudable undertakings, and long enjoy the distinguished services
+ of their able and truly honourable representatives; and when they
+ shall have done their duty in their day and generation, that others in
+ succession may fill their place who shall equal them in abilities and
+ fortitude, is the ardent wish of this meeting.
+
+ Signed by appointment,
+ WILLIAM DAVIDSON, _Chairman_.
+
+
+ ------------------------------------
+
+
+ APPENDIX XVIII.
+
+ [_The Times_, July 13th, 1814.]
+
+ SIR,—A constant reader of your journal takes the liberty of inquiring
+ whether any measures have been adopted on the Stock Exchange to put a
+ stop to that illicit practice of time-bargaining, which could alone
+ present a sufficient temptation to the authors of the late imposition,
+ and will, if not abolished, continue to hold out similar inducements
+ to the commission of similar frauds. To punish the invention of false
+ news, with the particular view to affect the funds, and yet to suffer
+ such practices in the funds as are both of themselves illegal, and
+ also give occasion to the invention of the falsehoods, must appear to
+ every one to be highly preposterous; in fact, the invention of false
+ news and time-bargaining, must be considered but as different parts of
+ the same act; they sprung up together—have grown and thriven
+ together—and, whatever some may suppose, are of no very recent birth.
+
+ Lord Cochrane has, in truth, been found guilty of that which has been,
+ in a less degree perhaps, practised without disgrace almost every week
+ in the year upon ’Change, namely, a conspiracy to affect the price of
+ Stock, by the invention and circulation of false news; and if it was
+ necessary for the noble conspirator and his friends to put in motion a
+ greater apparatus than usual for the execution of their plans, they
+ have only thereby facilitated the means of detection, and proved their
+ want of dexterity in such enterprises, while the hackneyed jobbers,
+ managing their repeated impositions with less ostentation, are, in
+ length of time, enabled to effect much greater mischief, as the mildew
+ does more harm to the hopes of an honest husbandman than a
+ thunderstorm.
+
+ Of the sentence passed upon Lord Cochrane, I shall say little; but as
+ the most offensive part of it is matter of feeling and of character
+ connected with feeling, I think that the characters and feelings of
+ those at whose expense the imposition was chiefly successful, should
+ have been likewise taken into consideration. If they are men immersed
+ in habits of that nature of which Lord Cochrane’s offence only
+ constituted a single act, I say that they had not a right to require,
+ or to be gratified by, so severe a sentence as if they had come into
+ court wholly unconnected with such proceedings in their own persons.
+
+ What I have to demand, therefore, is, whether the gentlemen of the
+ Stock Exchange, with this notable example of punishment before their
+ eyes, have any idea of adopting some new system,—of forming some new
+ resolution against those usages which have hitherto prevailed among
+ them, but have never till now been visited by so tremendous a
+ sentence? If they have not, I think it a pity that the learned judge
+ who passed the late sentence did not endeavour to awaken their caution
+ by some warning of the danger of persevering in those courses which
+ had led in the passing instance to so calamitous a result; in short,
+ an officer in the public service has fallen by a conviction for
+ conspiring with others to raise the funds; the public has therefore a
+ right to expect from all those connected with the sale of national
+ property some general expression of their detestation of that offence
+ of which Lord Cochrane has been convicted. Have they, or the major
+ part of them, seemed by their general practice to consider it to be a
+ crime till they came to suffer by it themselves, from any alien to
+ their profession? Then they raised clamours about it, no doubt. I ask
+ farther whether the Committee who advertised for evidence against Lord
+ Cochrane mean to stop at the exposure of this single offence? or
+ whether they are resolved, as in justice they ought to be, to hunt out
+ and eject from the Stock Exchange all time-bargainers, hoaxers,
+ bangers, and other practisers of fraud, for the raising or lowering of
+ the funds? Or, if these are too powerful to be attacked, whether they
+ mean at least simply to date a new era from Lord Cochrane’s
+ conviction, to proclaim an amnesty of the past, and to give notice
+ that in future hoaxing, banging, and everything that leads to the
+ illegal practice of time-bargaining, as well as time-bargaining
+ itself, shall be no longer practised among them with impunity? I call
+ upon these gentlemen of the Committee particularly to explain to the
+ nation what, in their opinion, ought to be the future regulations of
+ stock-jobbing from this time, when a public example is to be made of
+ one, who, to say the worst of him, has only carried the old practice
+ to the utmost extent of its limits. I call, Sir, upon the members of
+ the Stock Exchange, universally, for an answer to these queries,
+ founded upon facts of which none of them can deny the existence; and I
+ further denounce prospectively against them, that, if they will make
+ no rules for themselves, Parliament will interfere, and either make
+ some for them, or will at least vivify the old ones by such means of
+ discovery as themselves have used, when they have been the dupes. In
+ expectation of a reply,
+
+ I remain. Sir, &c.
+ BYRSA.
+
+ To the Editor of _The Times_.
+
+
+ ------------------------------------
+
+
+ APPENDIX XIX.
+
+ [_The Champion_, Sunday, July 3rd, 1814.]
+
+ THE PRETENSIONS OF THE LAWYERS, AND THE
+ SENTENCE ON LORD COCHRANE.
+
+ After referring to the pretension of lawyers to being held infallible,
+ the article continues: “It has, we believe, been urged by the lawyers
+ that, as the verdict of a jury is to be considered the voice of the
+ people, the latter can have no right to rejudge their own decisions,
+ but the idleness of the plea is evident. It most frequently happens
+ that the verdict of the jury is but a small part of the legal
+ proceedings in any particular case. A jury may be so trammelled by
+ technicalities, imposed upon them in peremptory language; they may be
+ so overpowered by a violent charge, or so confused by a subtle one,
+ that their decision cannot, in fairness, be regarded but as the result
+ of an overwhelming influence, leaving them, at least as they fancy,
+ without an alternative; so that, after all, what have we but an
+ emanation from an official quarter—tinctured with the interests, the
+ prejudices, the passions, and the corruptions of a ministerial
+ officer—in the natural existence of which the framers of our
+ constitution believed, and the effects of which they desired to check
+ by the healthy and unperverted sense of men who, being taken from
+ common conditions, were likely to be animated solely by feelings for
+ the common advantage. But when the verdict of the jury—however it may
+ be induced—is pronounced, can it be said that the most important part
+ of the business is over? No, certainly not. The sentence is to come,
+ which, in many of the most weighty cases, as affecting the welfare of
+ society and the safety of persons, is left entirely to the discretion
+ of the Judge, so that here there is unbounded room for the exercise of
+ his disposition, whatever it may be. If he be an ill-tempered and
+ vindictive savage, and be, from political or personal motives,
+ irritated against the unfortunate individual who is at his disposal,
+ he may sentence him to a punishment which, as applied to the offence,
+ shall outrage public feeling by its cruelty, and public justice by a
+ prostitution of its penalties to gratify private resentments. Has he
+ ambitious views, which lead him to seek the favour of the court? He
+ may, as the professed guardian of morals, do them the fatal injury, by
+ apologising, in the language of authority, and with all the imposing
+ adjuncts of a dignified and grave station, for those crimes, which, as
+ practised by persons of the highest rank, have the most extensive
+ influence in the way of example. These are mischiefs which, under the
+ cover of legal proceedings, _may_ be perpetrated on the country; and
+ it is evident, from their very nature, that we can have no security
+ against them but in the vigilance of the public’s observation of
+ whatever passes in the courts of law, and their firmness in expressing
+ their opinion on its propriety.
+
+ _Secondly._ Experience fully supports this reasoning. English history
+ shows that the worst enormities of abused power have been committed
+ through the medium of the Judges. To no other class of official
+ persons is half the execration owing, that is justly due to the
+ lawyers for their frequent perversions of both law and justice in a
+ base subserviency to the temporary feelings and purposes of guilty
+ rulers. And, be it remembered that the most abominable of their
+ proceedings have had the sanction of a jury’s verdict, procured by
+ such means as have already been suggested; either by direct
+ intimidation, or by drawing close an artificial network of legal
+ complications and restrictions, which leave to jurymen about as much
+ freedom of finding as he has of motion who is placed with his face
+ close to a wall, and told to jump backwards or forwards, which he
+ pleases.
+
+ _Thirdly._ But perhaps the character and conduct of those who are at
+ present Judges are calculated to inspire an unlimited confidence in
+ _them_, however distrustful of the profession, and anxious as to its
+ functions, we have reason to be. This is, in some respects, a delicate
+ inquiry, and, indeed, an almost unnecessary one, for the vigilance of
+ the people as to the discharge of public duties should never be
+ permitted to slumber through reposing on personal qualities. It is,
+ then, only the arrogant and dictatorial tone of pretension, held by
+ the satellites of Westminster Hall, that induces us to bestow a line
+ on those of any one of our present administrators of the laws. We are
+ told, in the most fulsome terms, that they are incorruptible,—that it
+ is the boast of British justice to be clean-handed, &c. &c. This
+ boast, as rested on a contempt of actual bribery, need be no singular
+ one in these days. Who now takes bribes from individuals? No one, we
+ venture to affirm, above the station of a Custom House officer.
+ Perhaps in no department of the public service could a pecuniary
+ consideration for infidelity be more conveniently given and received
+ than in the military: a military man, of inferior rank, and slender
+ hopes, has often an opportunity of giving the most decided advantage
+ to the enemy, by acting traitorously, and the reward would never be
+ wanting; yet who ever hears of such an act of baseness? When was there
+ ever an instance of it in the army? Why then should a Lord Chief
+ Justice, with an income of twenty thousand pounds a year, be highly
+ complimented on a virtuous self-denial, which he only shares with the
+ subaltern who starves on four and sixpence a day? His Lordship’s
+ claims to peculiar confidence and honour must be of a rare kind to be
+ valid. He must represent to us in his behaviour the exalted attribute
+ of justice—simple, impartial, purified from passion, partaking of the
+ nature of a heavenly presidency, rather than of power vested in a
+ frail and feverish being, liable to be misled by his interests and
+ habits, and every now and then to be carried away to the strangest
+ lengths by a storm of anger. If Lord Ellenborough aspires to deserve
+ this, the best praise that can be bestowed on one in his exalted
+ station, his ambition is of the proper kind; but without meaning to
+ convey any imputation against his integrity, we must even take the
+ liberty of telling him plainly what the public think—that as yet he
+ has by no means entitled himself to it. His boisterous vulgarisms in
+ the House of Lords; his impatient fretfulness with counsel,
+ particularly shown in cases where defendants may be supposed obnoxious
+ to the palace, or to himself personally; the extraordinary views he
+ takes of moral questions, so favourable to certain princely
+ profligacies; and the unqualified terms of his charges in those trials
+ that are calculated to rouse political feelings and partialities, are
+ circumstances that have made a strong impression on the public mind.
+ People, therefore, without indecently denying his honesty, are much
+ inclined to doubt his discretion; and it must be admitted, that his
+ Lordship’s temper is not precisely of that poised and regulated kind
+ which would be the best plea for an exemption in his favour from that
+ popular superintendence and judgment of his conduct, the exercise of
+ which he finds so irksome, and which his friends represent as so
+ indecorous.
+
+ Having thus vindicated the right of the people to express their
+ sentiments freely on the conduct of the Judges, as on that of any
+ other public men, we shall shortly exercise it by joining in the
+ general disapprobation which the sentence recently pronounced against
+ Lord Cochrane has excited. We never remember any sentiment to prevail
+ more universally than this now does: the firmest believers in his
+ Lordship’s guilt are loud in their reprobation of that part of his
+ punishment which includes the exposure of the person of a naval
+ officer, whose gallantry in the service of his country has been of the
+ most devoted kind, on a stage of infamy which is trodden by the
+ miscreant whose crime is not to be named. The public feeling has
+ received a shock by this unexpected award, from which it will not soon
+ recover; and surely it must be censured as highly indiscreet, to have
+ turned the horror that ought to have been engrossed by the crime,
+ entirely against the punishment with which it has been visited.
+
+ It is not our intention to enter at all on the question of Lord
+ Cochrane’s guilt or innocence; it would be very wrong in every point
+ of view to do this at present. His Lordship has signified his
+ intention of defending himself before the House of Commons, and of
+ explaining what he affirms are the misconceptions on which the verdict
+ of the jury was founded. The public will listen attentively to his
+ second appeal; but, in the meantime, we shall confine ourselves
+ strictly to those circumstances which are sufficient to justify the
+ general condemnation of the sentence passed on his Lordship, although
+ the decision of the jury be confirmed.
+
+ In the first place, admitting that the evidence may have been such as
+ to compel a conviction, yet there are evident features of extreme
+ hardship in Lord Cochrane’s situation when put on his trial, and when
+ brought up for judgment, which enlist sympathy in his behalf, and make
+ it possible that matters of alleviation, affecting _his case only_,
+ may have been concealed by the harsh formalities of the practice of
+ the Court. The law concerning conspiracy is enough to make every
+ individual tremble for his own safety. Through mistake or malice, an
+ innocent man may be included in one indictment with several guilty
+ ones—he is compelled to take his trial with them; the testimony that
+ proves their crime raises a prejudice against him; it is almost
+ conviction to him to have his name called over with theirs; the chain
+ of evidence becomes complicated, and where are jurymen to be found
+ sufficiently clear-headed to mark exactly the connection between the
+ facts sworn to and each of a dozen accused persons? If there is a
+ hostile disposition towards the innocent individual existing in the
+ breast of any in court, who may have an opportunity of influencing the
+ jury, how shall he escape being involved in the deserved fate of those
+ with whom he has been confounded? If, after his conviction, he
+ prepares himself with evidence suited to remove the misconceptions by
+ which his guilt has been presumed, he is granted or denied the
+ opportunity of bringing it forward, according to the conduct of
+ others, over whom he has no control, and who, in consequence of his
+ innocence, and their guilt, have an interest directly the reverse of
+ his. Should they abscond he is denied a new trial, although he
+ presents himself fearlessly to meet its result. These are rules which
+ Sir W. Garrow, the Attorney-General, calls the perfection of wisdom;
+ to common understandings they seem the perfection of hardship. But
+ what legal absurdity or cruelty, that has given way to the growing
+ intelligence of society, has not been so eulogised and pertinaciously
+ defended by the lawyers of the day!
+
+ Lord Cochrane, it is clear, has been thus placed in a situation
+ extremely disadvantageous to him as an accused person, and the public
+ sentiment is roused in indignant alarm at the condemnation of an
+ individual to the punishment of the pillory (a punishment more severe
+ than that of death to one in his Lordship’s situation of life), who
+ complains in touching terms of hardships, which, to common
+ understandings, involve palpable injustice, and which are of a nature
+ to render any innocent person unable to establish his innocence. It
+ would have been but prudent in the judge to have avoided raising this
+ popular feeling against the sentence of the Court, by keeping it more
+ within the bounds of moderation. Its odious severity sets every one on
+ scrutinising the soundness of the conviction, and the justice of the
+ legal rules applied to his Lordship’s case.
+
+ The further regards that influence the public to this strong
+ commiseration of Lord Cochrane, and disapprobation of his sentence,
+ are the unsuitableness of the latter for infliction on one of his
+ Lordship’s condition, and, we had almost said, its ingratitude, with
+ reference to his very distinguished past services. It is very certain
+ that justice may be as much violated by a disproportionate punishment,
+ as by the offence against which it is awarded; and when we consider
+ that Lord Cochrane is one of the most esteemed officers of the navy,
+ that his courage is of the true Nelsonic kind, that he is a member of
+ Parliament, and a man of rank, the disgrace of the pillory to him must
+ be deemed a thousand times worse than the mere infliction of death,
+ for with this latter his Lordship has been familiar. Now, without
+ meaning to extenuate the crime of spreading false news to raise the
+ public funds, we may say that the state of the general feeling and
+ practice in the country does not at present warrant that a punishment
+ worse than death shall be pronounced against him, who, after the long
+ forbearance of justice, is first convicted of this offence. Statesmen
+ of high name and station are shrewdly suspected to gamble in the
+ funds, and this practice also is illegal;—since such loose and
+ improper feelings as to what is honourable prevail, it would have been
+ but fair, at the first interference of the arm of the law, to have
+ permitted it to fall more lightly.
+
+ Lord Cochrane’s politics are of a kind to excite the displeasure of
+ the Court against him; one of his relations has STIRRED IN BEHALF OF
+ THE PRINCESS OF WALES, and, we believe, he has himself made, or
+ assisted, some little scrutiny into LORD ELLENBOROUGH’S PERQUISITES OF
+ OFFICE. These are considerations by which the Lord Chief-Justice will
+ indignantly disclaim being at all influenced; but we say that he ought
+ to have been influenced by them, inasmuch as they rendered his
+ situation towards the accused extremely delicate.
+
+
+ ------------------------------------
+
+
+ APPENDIX XX.
+
+ [_The Champion_, a London Weekly Journal, Saturday, July 9th, 1814.]
+
+ _The Case of Lord Cochrane._
+
+ Lord Cochrane’s case is pregnant with the most weighty interests and
+ most touching considerations. Every subject of this country who has
+ access to a knowledge of the facts is bound, as a matter of positive
+ duty, to investigate its merits, with a view to behaving afterwards,
+ according to the means arising out of his condition, in the best way
+ calculated to assist the vindication of what his conviction shall tell
+ him to be justice, as it relates to the public and to the party. It
+ contains the most forcible appeal to every one distinctly to bring his
+ opinion to bear on it, that the irresistible strength of the popular
+ sentiment may either furnish to an injured person his remedy, or
+ solemnly confirm the disputed decision of the tribunal which has
+ adjudged him guilty of a serious offence. On one side, the common
+ feelings of humanity, as well as a regard for the national honour and
+ the general welfare, as composed of the safety of individuals, are
+ warmly excited, that an innocent man should not be suffered to perish,
+ to sink down and be overwhelmed in the gulf of infamy and ruin, in the
+ sight of us all standing around him, while he in vain cries to us for
+ help, and extends his arms to us for protection. If Lord Cochrane
+ shall be left by his countrymen to be sacrificed pursuant to his
+ sentence, and if there shall nevertheless appear to be good grounds
+ for disbelieving his guilt, we must blush for England; considering the
+ advantages which its people possess, they would be more disgraced by
+ the occurrence among them of a calamity of this kind, than the French
+ were by the murder of the Calas family,—we had almost said than by the
+ wholesale murders of the revolution, which were committed by a few
+ wretches possessed of power, whose atrocities were stupidly submitted
+ to by an ignorant and debased nation. The judges and others officially
+ concerned in convicting and punishing Lord Cochrane, have not by any
+ means their characters implicated in the correctness of these
+ proceedings to the same degree that the national character is
+ implicated in the conduct which its people shall now adopt between the
+ parties. A Court, during the judicial process, which only lasts a few
+ hours, may be misled by some great error; the administration of the
+ law must be regulated by prescribed forms, and these, however
+ generally useful, will often become hardships in their application to
+ particular cases;—the accused party may not be prepared with all the
+ evidence bearing on his cause, or may mar it by his injudicious
+ conduct, or his employed advocate may take a wrong view of what is for
+ the interest of his client. These possibilities should render us
+ cautious in attributing an erroneous judgment and unmerited sentence
+ to corrupt motives existing in the tribunal from whence they proceed;
+ but they also abundantly prove how much depends on holding no official
+ decision whatever exempt from scrutiny. We are astonished when we hear
+ such a man as Mr. Wilberforce declare that it is improperly disgracing
+ a court of law to submit the correctness of its proceedings to public
+ investigation; that gentleman, for whom we have the greatest respect,
+ is even averse to the interference of the House of Commons to
+ discharge such a duty, although facts of acknowledged difficulty and
+ of a nature to excite the keenest sympathy, thrust themselves on the
+ most superficial observation, forcing doubt, and, therefore, demanding
+ deliberation. This, if we understand him right, he does not deny, but
+ in their very teeth would acquiesce silently and impassively in what
+ has been done, lest, as he says, _we should throw reproach on the
+ administration of justice_—“the purest among the pure,”—the “fairest
+ among the fair,” and so forth. Does, then, Mr. Wilberforce forget,
+ that not only is the House of Commons legally competent to judge of
+ every act of authority up to the very highest, but that the real
+ superiority of this country’s political condition, and the conscious
+ feeling which we all have of the value of our constitution are to be
+ traced to its _exercise_ of this right. What should we have been if
+ this doctrine as to the indelicacy of scrutinising the conduct of
+ public functionaries had been always adopted? What enormities have
+ been the consequence of its temporary prevalence? Then, again, how can
+ it escape his acuteness that, as no human institution or person is
+ infallible, none ought to claim or receive an exemption from a
+ superintending cognisance? Farther, admitting, as he must when put to
+ it, that the Courts may pronounce wrong judgments, will he affirm that
+ they will be more disgraced by having the injurious effects of these
+ prevented by timely interference, than by an acquiescence in that
+ worst of all calamities and disgraces, the punishment of innocence?
+ This is the point which is so unaccountably overlooked by those who
+ take Mr. Wilberforce’s view of the question; they think, or at least
+ by their arguments would seem to think, that the correction of an
+ error is more disgraceful to the party who is wrong than its
+ perpetration; they do not seem to understand that the most honourable
+ thing that can be said of the institutions of any country, is that, as
+ a whole, they render it impossible that there should be any wrong
+ without a redress, an evil without a remedy,—and that each of these
+ institutions derives a respectability and strength from this general
+ eulogium, of a far more legitimate and lasting kind, than can result
+ from an impunity which tends to foster its worst errors and assist its
+ progress towards destruction.
+
+ We have said enough to show that, in our opinion, the House of Commons
+ ought to have conducted for itself an inquiry into Lord Cochrane’s
+ case; more particularly when facts were laid before it which raised
+ grave doubts of his Lordship’s guilt in the minds of some of its most
+ respectable and impartial members. It is the object of this article to
+ impress, that it now devolves on the public, and more particularly on
+ his Lordship’s constituents the electors of Westminster, to
+ investigate the whole business for themselves, by means of the various
+ documents and evidence which they can command. Our readers must not
+ look for these in our weekly sheet; we cannot among our miscellany
+ furnish them even with a correct outline of the proceedings of the
+ Court, the debates in the House of Commons, his Lordship’s defence,
+ and the affidavits supporting it. Most of these, however, are to be
+ procured, and justice, manliness, and humanity require they should be
+ attentively considered. We shall proceed to state and justify our own
+ sentiments on this most interesting affair, as they have been
+ influenced by the progressive information we have received. This will
+ be expected of us; but, we repeat, in a case like this, each ought to
+ investigate and judge for himself. As we have hitherto rested our
+ remarks on the possibility of Lord Cochrane’s innocence, it is proper
+ now to add that the voice of the public should now be raised in
+ defence of their legal authorities, and in reprobation of an indecent
+ obstinacy of denial, supported by falsehood wearing its most atrocious
+ features, should inquiry convince them of Lord Cochrane’s guilt.
+
+ We are impelled to mention first that, whether properly or improperly,
+ we previously cherished no particularly favourable opinion of Lord
+ Cochrane as he was known to the public. He always seemed to us more
+ likely to throw discredit on the cause of honest politics, by joining
+ the word reform with hasty, intemperate, and undignified proceedings,
+ than to accomplish any real good by his efforts, notwithstanding they
+ were generally directed to the removal of what was wrong. Besides
+ this, we thought we observed about him too little selection in his
+ companionships, and too little of what is high-mindedly delicate in
+ his conduct. We heard of the charge brought against him by the
+ Stock-Exchange certainly with no disposition to turn from it as
+ incredible; on the contrary, we leaned, with the majority, to a belief
+ of his guilt, through the weight of the accusation, and a certain
+ weakness, arising chiefly from incoherency, in his Lordship’s
+ inconsiderately published defence. The trial came on, and, by the
+ reports of it in the newspapers, our original belief was strengthened:
+ we saw no reason to doubt the propriety of the conviction; we began,
+ indeed, from what we heard and read, to fancy that Lord Cochrane’s
+ guilt might be less heavy than that of the others who were included in
+ the indictment; we suspected that he had not been made privy to the
+ mysteries of the plot, although he might have culpably connived at
+ what he knew to be going on, understanding that it would tend to his
+ advantage, but not perfectly acquainted, nor seeking to be, with all
+ the particulars.
+
+ With this impression on our mind, we at the same time felt that Lord
+ Cochrane had been exposed to various hardships and disadvantages, in
+ the course of the legal proceedings against him; and that these were
+ sufficient to put even innocence in a very precarious situation on its
+ trial; in short, to justify what an hon. member said in the House—that
+ he had need to be not only _fully_, but _fortunately_ guiltless, who
+ should escape conviction under such circumstances. The being included
+ in an indictment with a number of persons, several of whom he had
+ never seen, by which the evidence and the jury’s attention were
+ confused, and an odium was thrown on _all_ the accused should the
+ guilt of _any_ be proved; the refusal of the judge to attend to the
+ counsel, when they prayed that the trial might be adjourned before
+ they commenced the defence, after a sitting of fifteen hours, and when
+ the jury were incapable of giving close thought to the statement, the
+ adjournment taking place immediately when the defence was concluded,
+ by which the prosecutors had given to them a great advantage in
+ framing the reply; the very fierce and unqualified terms of the
+ judge’s charge to the jury, putting every fact in the strongest
+ language against his Lordship, and laying little or no stress on the
+ other side of the supposition;—all these things combined, constituted,
+ as we thought, a case of hardship, of which the convicted party might
+ reasonably complain.
+
+ The proceedings after the trial were more unequivocally severe. The
+ rule of the court, under which Lord Cochrane was refused a new trial,
+ because others over whom he had no control did not appear with him to
+ seek it, was plainly inconsistent with justice as distinct from law—at
+ least, as it operated in this instance; it therefore shocked the
+ public sense, and raised a strong feeling in favour of the aggrieved
+ party. It is pleasing to find Mr. Ponsonby, who is not only an eminent
+ lawyer, but one by no means to be suspected of a disaffected turn,
+ declare that this rule is as little founded in law as in justice or
+ reason; that it has, moreover, no ancient custom to plead in its
+ behalf, but is of very novel introduction. We have some ground, then,
+ for hoping that this piece of “profound wisdom,” as Sir W. Garrow
+ luminously termed it, which every one scouts as senseless and cruel,
+ and which is besides an _innovation_, will shortly give place to a
+ more liberal, and useful, and _ancient_ form of practice.
+
+ The facts contained in Lord Cochrane’s defence, made personally in
+ court when he was brought up to receive sentence, and which has since
+ been published in its entire form, threw a new light on many important
+ points of his case, and gave an explanation, reconciling with his
+ innocence several matters which served before to prove his guilt. This
+ is a document which our readers should not fail to peruse.
+
+ At last came the sentence, and, in common with all the world, we were
+ astounded by it. It thunderstruck the prosecutors, who felt abashed
+ and have petitioned against it; it amazed both sides of the House of
+ Commons; it disgusted all persuasions of people—those who acquiesced
+ in as well as those who dissented from the conviction. It seemed of
+ most forgetful severity, when Lord Cochrane’s naval services were
+ considered; of most injurious severity when his political conduct was
+ looked at in connection with the happier fate of certain peculators
+ and delinquents whose turpitude to the public had nothing to relieve
+ its atrocity but their subserviency to the court. In short, the
+ punishment awarded by the judge (we allude to the pillory) appears
+ almost to everyone over-charged, as it relates to the crime,
+ unsuitable as it relates to the person convicted, and unseemly as it
+ relates to him who presided at the trial. It is but fair to notice one
+ exception, by quoting from Sir Francis Burdett’s speech:—“The sentence
+ he thought cruel, disgusting, and severe beyond all example. The noble
+ Lord who was the object of it was the only person he had met with who
+ was not of this opinion. His Lordship, when he (Sir F. Burdett)
+ visited him in the King’s Bench Prison, said that he had not to
+ complain of his sentence, but of his conviction. Were he guilty, the
+ whole of his punishment, and more than the whole, was justly due to
+ him.”
+
+ We come now to the proceedings in the House of Commons. His Lordship’s
+ defence there ought certainly, in some way or other, to be got before
+ the public: with his feelings highly strung and irritated, as it would
+ seem, in an extraordinary degree, it contained passages reflecting on
+ the conduct of Lord Ellenborough, which the newspaper reporters were
+ told in plain terms they would publish at their peril. Lord Cochrane
+ evidently delivered himself under the almost maddening consciousness
+ of having been the victim of gross injustice; some of his accusations,
+ pronounced with great bitterness, it may be found necessary to keep
+ back; but the narrative and argumentative part of his statement should
+ certainly be printed. It had a prodigious effect on those who heard
+ him: several of the most impartial and steady Members declared that,
+ in their view, it established that there had been on the trial _a
+ misdirection of the jury by the judge of a most material nature_, and
+ to the prejudice of his Lordship as one of the accused; they added,
+ that on the facts which everyone thought told most against his
+ Lordship, he had shed a totally new light, either by offering to rebut
+ them with testimony that deserved attentive consideration, or by
+ explaining circumstances which altered their import, or by showing
+ with much simplicity and indication of general feeling how they had
+ been misconceived, and to what unlucky accidents it was owing that
+ they had operated to his prejudice. Persons whose respectability and
+ judgment will not be impeached from either side of the House protested
+ that under the weight of what they had heard they could not sleep on
+ their pillows were they to vote for Lord Cochrane’s expulsion without
+ further inquiry: many affirmed that the case had always appeared to
+ them doubtful, and that now their doubts had become of the most
+ serious kind. A gentleman who interrupted his Lordship in the course
+ of his animadversions on the Chief-Justice, avowed that however
+ injudicious and unfounded these circumstances were, he could not shut
+ up his opinion from facts so strong as those contained in the defence,
+ nor could he reconcile it to his conscience to add confirmation to a
+ verdict of the soundness of which he saw reason to doubt, and
+ bitterness to a fate which it was more than possible might be
+ undeserved.
+
+ Yet the House voted the expulsion of Lord Cochrane, not however
+ without a division. Forty-four were for further inquiry, and 140 for
+ expulsion. On the face of this proceeding it appears that forty-four
+ intelligent and honest men think that there is at least a strong call
+ for further investigation, yet Lord Cochrane has been _sentenced to
+ the pillory_! But if we read the speeches of the Members, we shall
+ find it by no means follows that the 144 who decided for expulsion,
+ are satisfied as to his Lordship’s guilt. Mr. Wilberforce, for
+ instance, speaks of the case as very distressing, and as very painful
+ to his feelings—but adds that _he deemed it his duty to bow to the
+ decision of the judge and jury_. Now, this is not an exercise but a
+ surrender of judgment; and, indeed, we may infer that Mr. Wilberforce
+ attaches at least doubt to the case, for otherwise he would not regard
+ it as distressing, but rather as one in which the offender had
+ deprived himself of every claim to compassion, by shameless obstinacy
+ and abandoned perjury. It is observable that the propriety of
+ expulsion was almost invariably rested on the propriety of _supporting
+ the court of law_, and on the many inconveniences which, as it was
+ truly enough said, would attend a reinvestigation of the proceedings.
+ The reader sees that these considerations have no connection with Lord
+ Cochrane’s guilt or innocence; yet, judging from the temper and
+ sentiment manifested by the House, we are inclined to believe that it
+ was these which chiefly produced its decision, and that a very large
+ proportion of the majority are far from satisfied in their minds that
+ their late associate has been properly convicted.
+
+ For ourselves, we have no hesitation to say, after a most impartial
+ study of the various documents, that our opinion is changed, and that
+ from thinking the weight of evidence on the side of Lord Cochrane’s
+ guilt we now think it on the side of his innocence. This, at least, is
+ incontestible, that great difficulties were imposed upon him by legal
+ forms; that the most important facts were misrepresented to his
+ prejudice on his trial; and that if the charge of the judge was
+ adopted by the jury as a clue to their decision, they have been
+ misguided.
+
+ The best statement of Lord Cochrane’s defence that we have seen was in
+ the _Morning Herald_; the reports in the _Times_ and _Chronicle_ gave
+ no idea of it; but we suppose it will speedily be published in a more
+ perfect form than any in which it has yet appeared. It makes perfectly
+ clear that the Chief-Justice’s most important assertion to the jury,
+ that Lord Cochrane received De Berenger “_in the costume of his
+ crime_,” is utterly unsupported by any evidence given on the trial,
+ and that it is in contradiction to several strong probabilities:—it
+ directs attention to the singular fact that Lord Ellenborough, in some
+ instances, quoted Lord Cochrane’s voluntary affidavit for proof
+ against him, and in others denied it all authority and truth:—it does
+ all but prove that De Berenger’s dress, when he came in the
+ hackney-coach to Lord Cochrane’s house, was falsely described by the
+ coachman, and it convicts this witness of other falsehoods, while it
+ justifies a belief that he may have been actuated by a corrupt desire
+ for the reward, by showing that he is a convicted ruffian of the
+ vilest kind:—it satisfactorily accounts for the non-examination of
+ Lord Cochrane’s servants by counsel on the trial, for whose
+ examination his Lordship pressed by note when the proceedings were
+ going on, who would have proved that De Berenger’s dress was not of a
+ kind to excite suspicions in any breast:—it makes very manifest that
+ Lord Cochrane has suffered by being joined with others whose guilt
+ must be presumed; conscious of his own innocence, and therefore
+ believing theirs, he left to them the trouble of arranging the defence
+ to the indictment, and neither his wishes nor his interests seem to
+ have been consulted:—it establishes that he had no connection with De
+ Berenger’s defence, and gives reason to believe that he was but little
+ acquainted with his person:—it tenders fresh testimony, on the oaths
+ of five respectable witnesses, as to the manner in which Lord
+ Cochrane’s bank-notes found their way into De Berenger’s hands:—in
+ fine, it mentions a multiplicity of circumstances furnishing
+ presumption of innocence, and makes it indubitable that the case might
+ have had much assistance of which it has been from one cause or
+ another deprived.
+
+ (Signed) “ED.”
+
+I have only selected such opinions of the press as may serve to
+elucidate what has been advanced. Were I to collect public opinion as
+expressed at the time, such collection would far more than exceed this
+volume in bulk. If necessary for my fuller defence, it must yet be
+adduced, should my life be spared. That my days have been thus far
+prolonged, is, under Providence, to be attributed to the skill of my
+physician, Dr. Bence Jones, and to the unremitting care and attention of
+my constant medical attendant, Mr. Henry Lee, of Savile Row.
+
+ DUNDONALD.
+
+
+
+
+
+
+
+
+ END OF THE SECOND VOLUME.
+
+ LONDON
+ PRINTED BY SPOTTISWOODE AND CO.
+ NEW-STREET SQUARE.
+
+------------------------------------------------------------------------
+
+ Transcriber’s Note
+
+In the Table of Contents, the Appendices were shown to begin on p. 410.
+The correct page number is p.401.
+
+Several compound words appeared midline both with and without a hyphen
+(e.g. fire-ship/fireship). Where the hyphen appears at a line break, it
+is either removed or retained, depending on other instances of the word.
+
+At 222.9 and on the following page, the printer failed to use single
+quotes to delimit embedded quotes of words and phrases: ‘_army
+flotilla_’, ‘army’, ‘_march in ordinary time_’.
+
+Other errors deemed most likely to be the printer’s have been corrected,
+and are noted here. The references are to the page and line in the
+original.
+
+ 9.8 and so fra[u]dulently from the original Inserted.
+
+ 31.12 the deep water[”] See p. 32
+ line 4.
+
+ 32.24 to nineteen feet[”] Added.
+
+ 34.3 at 11 [a.m./A.M.] Replaced.
+
+ 38.4 there at all[.] Added.
+
+ 59.13 as I have already mentioned.” Added.
+
+ 77.32 _that point_.[”] What he really said Added.
+
+ 82.15 NO INTENTION OF ATTACKING[.] Added.
+
+ 124.13 the production of “_Minutes_[”] Added.
+
+ 150.30 “It may [h/b]e that Replaced.
+
+ 220.9 were not listen[d]ed to Removed.
+
+ 233.19 Lieut.-Col[.] Colquhoun. Added.
+
+ 271.17 the family fort[n/u]ne. Inverted.
+
+ 280.4 to lie on the table.[”] Added.
+
+ 294.3 by long[c o/ co]nfinement Shifted.
+
+ 303.15 Croker’s own words[ I,/, I] shall do Replaced.
+
+ 326.6 I shall ever consider this inte[r]ference Inserted.
+
+ 344.7 HOW GOT UP[.] Added.
+
+ 370.23 the same mi[m/n]istry Replaced.
+
+ 413.5 _[I/L]’Océan_, 120 guns Replaced.
+
+ 419.35 [Caledonia’s/_Caledonia’s_] signal, Italicize.
+
+ 426.15 he had [“]in contemplation” Probable.
+
+ 469.10 they have of his Lordship’[s] innocence Italicize.
+
+ 470.30 in their own persons[.] Added.
+
+ 472.11 the pretens[i]on of lawyers Inserted.
+
+ 486.10 Mr. Wilbe[r]force attaches Inserted.
+
+*** END OF THE PROJECT GUTENBERG EBOOK 77890 ***
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+ <body>
+<div style='text-align:center'>*** START OF THE PROJECT GUTENBERG EBOOK 77890 ***</div>
+
+<div class='pbb'>
+ <hr class='pb c000'>
+</div>
+
+<div class='tnotes'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>Transcriber’s Note:</div>
+ </div>
+</div>
+
+<p class='c001'>Footnotes have been collected at the end of each chapter, and are
+linked for ease of reference.</p>
+
+<p class='c001'>Minor errors, attributable to the printer, have been corrected. Please
+see the transcriber’s <a href='#endnote'>note</a> at the end of this text
+for details regarding the handling of any textual issues encountered
+during its preparation.</p>
+
+<p class='c001'>There are reproductions of sea charts some of which were quite
+faded. These chart are provided with a link, accessed by clicking
+on the chart, which will display a larger chart which may be inspected more closely.</p>
+
+<div class='htmlonly'>
+
+<p class='c001'>Any corrections are indicated using an <ins class='correction' title='original'>underline</ins>
+highlight. Placing the cursor over the correction will produce the
+original text in a small popup.</p>
+
+<div class='figcenter id001'>
+<img src='images/cover.jpg' alt='' class='ig001'>
+</div>
+
+</div>
+<div class='epubonly'>
+
+<p class='c001'>Any corrections are indicated as hyperlinks, which will navigate the
+reader to the corresponding entry in the corrections table in the
+note at the end of the text.</p>
+
+</div>
+
+</div>
+
+<div>
+ <h1 class='c002'><span class='small'>THE</span> <br> <br> AUTOBIOGRAPHY OF A SEAMAN.<br> <br> <span class='large'>VOL. II.</span></h1>
+</div>
+
+<div class='nf-center-c0'>
+<div class='nf-center c003'>
+ <div><span class='pageno' id='Page_I'>I</span>LONDON</div>
+ <div>PRINTED BY SPOTTISWOODE AND CO.</div>
+ <div>NEW-STREET SQUARE</div>
+ </div>
+</div>
+
+<div class='nf-center-c0'>
+<div class='nf-center c003'>
+ <div>THE</div>
+ <div class='c000'><span class='xlarge'>AUTOBIOGRAPHY OF A SEAMAN.</span></div>
+ <div class='c000'>BY</div>
+ <div class='c000'><span class='large'>THOMAS, TENTH EARL OF DUNDONALD, G.C.B.</span></div>
+ <div class='c000'>ADMIRAL OF THE RED, REAR-ADMIRAL OF THE FLEET,</div>
+ <div>ETC. ETC.</div>
+ </div>
+</div>
+
+<div class='figcenter id002'>
+<img src='images/i_title.jpg' alt='' class='ig001'>
+</div>
+
+<div class='nf-center-c0'>
+<div class='nf-center c004'>
+ <div>VOLUME THE SECOND.</div>
+ <div class='c000'><span class="blackletter">Second Edition.</span></div>
+ </div>
+</div>
+
+<div class='nf-center-c0'>
+<div class='nf-center c004'>
+ <div>LONDON:</div>
+ <div>RICHARD BENTLEY, NEW BURLINGTON STREET,</div>
+ <div><span class="blackletter">Publisher in Ordinary to Her Majesty.</span></div>
+ <div class='c000'>1861.</div>
+ <div class='c005'><span class='small'><i>The right of translation is reserved.</i></span></div>
+ </div>
+</div>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_vii'>vii</span>
+ <h2 class='c006'>CONTENTS<br> <br>OF<br> <br>THE SECOND VOLUME.</h2>
+</div>
+
+<hr class='c007'>
+
+<table class='table0'>
+<colgroup>
+<col class='colwidth88'>
+<col class='colwidth11'>
+</colgroup>
+ <tr>
+ <td class='c008' colspan='2'>CHAPTER XXIV.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>A NAVAL STUDY FOR ALL TIME.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>Charts, &#38;c., supplied by the present Government.—Refused by a former Government.—Alteration made in the Charts.—Mr. Stokes’s Affidavits.—Letter to Sir John Barrow.—Singular Admiralty Minute.—Second Letter to Sir John Barrow.—The Charts again Refused.—My Departure for Chili.—Renewed Application to the Admiralty.—Kindness of the Duke of Somerset.—Difference of Opinion at the Admiralty</td>
+ <td class='c010'>Page <a href='#Page_1'>1</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXV.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='sc'>A NAVAL STUDY—<i>continued</i>.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'><span class='pageno' id='Page_viii'>viii</span>French Hydrographic Charts.—One tendered by me to the Court.—Rejected by the President.—Grounds for its rejection.—The object of the rejected Chart.—Would have proved too much, if admitted.—Rejection of other Charts tendered by me.—Mr. Stokes’s Chart.—Its Fallacy at first sight.—Judge Advocate’s Reasons for Adopting it.—Its Errors detected by the President, and exposed here.—Probable Excuse for the Error.—Imaginary Shoal on the Chart.—Falsification of Width of Channel.—Lord Gambier’s Voucher for Stokes’s Chart.—Stokes’s Voucher for its Worthlessness.—Stokes’s Chart in a National point of View.—Taken Advantage of by the French</td>
+ <td class='c010'><a href='#Page_15'>15</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXVI.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='sc'>A NAVAL STUDY—<i>continued</i>.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>The Evidence of Officers present in Basque Roads.—Admiral Austen’s Opinions confirmatory of my Statements.—Fallacy of alleged Rewards to myself, in place of these Persecutions.—Treatment of my eldest Son, Lord Cochrane.—Letter from Capt. Hutchinson confirmatory of the Enemy’s Panic.—A Midshipman near taking the Flag-ship.—Evidence of Capt. Seymour, conclusive as to Neglect, which was the Matter to be inquired into, in not sending Ships to attack.—Attempt to Weather his Evidence.—Capt. Malcolm’s Evidence confirmatory of Capt. Seymour’s.—Capt. Broughton’s Testimony proves the complete Panic of the Enemy, and the Worthlessness of their Fortifications.—Lord Gambier declares them Efficient on Supposition arising from Hearsay.—Enemy unable to fight their Guns.—The imaginary Shoal.—A great Point made of it.—Mr. Fairfax’s Map.—Lord Gambier on the Explosion Vessels.—Contradicted by Mr. Fairfax.—Contrast of their respective Statements.—Fairfax’s Evasions.—His Letter to the <cite>Naval Chronicle</cite>.—These Matters a Warning to the Service</td>
+ <td class='c010'><a href='#Page_40'>40</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXVII.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>CONDUCT OF THE COURT-MARTIAL.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'><span class='pageno' id='Page_ix'>ix</span>Lord Gambier’s Defence.—Second Despatch ignoring the First.—Attempt of the Court to stop my Evidence.—Evidence received because opposed to mine.—I am not permitted to hear the Defence. The Logs tampered with.—Lord Gambier’s Defence aimed at me under an erroneous Imputation.—My Letter to the Court confuting that Imputation.—Admiralty Accusation against Lord Gambier on my Refusal to accuse his Lordship.—His Insinuations against me uncalled for.—Assumes that I am still under his Command.—Enemy escaped from his own Neglect.—The Shoals put in the Chart to excuse this.—Attempt to impute blame to me and Captain Seymour.—The Truth proved by Captain Broughton that Lord Gambier had no Intention of Attacking.—Lord Howe’s Attack on the Aix Forts.—Clarendon’s Description of Blake.</td>
+ <td class='c010'><a href='#Page_82'>82</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXVIII.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>THE VOTE OF THANKS.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>My Motion for Minutes of Court-martial.—Mr. Tierney’s Opinion respecting them.—Mr. Whitbread’s Views.—The Minutes indispensable.—Mr. Wilberforce on the same point.—Lord Grey’s Opinion of the Ministry.—The Vote of Thanks leaves out my Name, yet the Credit of the Affair given to me.—Inconsistency of this.—I impugn the Decision of the House.—Sir Francis Burdett’s Opinion.—Mr. Windham’s.—Lord Mulgrave turns round upon me.—His Lordship’s Misrepresentations.—Yet admits the Service to be “Brilliant.”—Lord Mulgrave Rebuked by Lord Holland.—Earl Grosvenor’s Views.—Lord Melville hits upon the Truth, that I, being a Junior Officer, was left out.—Vote of Thanks in Opposition to Minutes.—The Vote, though carried, damaged the Ministry</td>
+ <td class='c010'><a href='#Page_104'>104</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXIX.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>REFUSAL OF MY PLANS FOR ATTACKING THE FRENCH FLEET IN THE SCHELDT.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'><span class='pageno' id='Page_x'>x</span>Refused Permission to Rejoin my Frigate.—-I am regarded as a marked Man.—No Secret made of this.—Additional cause of Offence to the Ministry.—The Part taken by me on the Reform Question, though Moderate, resented.—Motion for Papers on Admiralty-Court Abuses.—Effect of the System.—Modes of evading it.—Robberies by Prize-Agents.—Corroborated by George Rose.—Abominable System of Promotion.—Sir Francis Burdett committed to the Tower.—Petitions for his Liberation intrusted to me.—Naval Abuses.—Pittances doled out to wounded Officers.—Sinecures cost more than all the Dockyards.—My Grandmother’s Pension.—Mr. Wellesley Pole’s Explanation.—Overture to quit my Party.—Deplorable Waste of Public Money.—Bad Squibs.—Comparison with the present Day.—Extract from <cite>Times</cite> Newspaper</td>
+ <td class='c010'><a href='#Page_126'>126</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXX.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>MY PLANS FOR ATTACKING THE FRENCH COAST REFUSED, AND MYSELF SUPERSEDED.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>Plans for Attacking the French Coast submitted to the First Lord, the Right Honourable Charles Yorke.—Peremptorily ordered to join my Ship in an inferior Capacity.—My Remonstrance.—Contemptuous Reply to my Letter.—Threatened to be superseded.—Mr. Yorke’s Ignorance of Naval Affairs.—Result of his Ill-treatment of me.—My Reply passed unnoticed, and myself Superseded</td>
+ <td class='c010'><a href='#Page_151'>151</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXXI.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>VISIT TO THE ADMIRALTY COURT AT MALTA.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>The Maltese Admiralty Court.—Its extortionate Fees, and consequent Loss to Captors.—My Visit to Malta.—I possess myself of the Court Table of Fees.—Ineffectual Attempts to arrest me.—I at length Submit, and am carried to Prison.—A mock Trial.—My Defence.—Refuse to answer Interrogatories put for the purpose of getting me to criminate myself.—Am sent back to Prison.—Am asked to leave Prison on Bail.—My Refusal, and Escape.—Arrival in England</td>
+ <td class='c010'><a href='#Page_166'>166</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXXII.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>NAVAL LEGISLATION HALF A CENTURY AGO.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'><span class='pageno' id='Page_xi'>xi</span>Inquiry into the State of the Navy.—Condition of the Seamen.—The real Cause of the Evil.—Motion relative to the Maltese Court.—Its extortionate Charges.—My own Case.—A lengthy Proctor’s Bill.—Exceeds the Value of the Prize.—Officers ought to choose their own Proctors.—Papers moved for.—Mr. Yorke’s Opinion.—Sir Francis Burdett’s.—My Reply.—Motion agreed to.—Captain Brenton’s Testimony.—French Prisoners.—Their Treatment.—Ministers refuse to inquire into it.—Motion on my Arrest.—Circumstances attending it.—My right to demand Taxation.—The Maltese Judge refuses to notice my Communications.—Afraid of his own Acts.—Proceedings of his Officers illegal.—Testimony of eminent Naval Officers.—Proclamation on my Escape.—Opinion of the Speaker adverse.—Mr. Stephen’s erroneous Statement.—Motion Objected to by the First Lord.—My Reply</td>
+ <td class='c010'><a href='#Page_181'>181</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXXIII.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>OPENING OF PARLIAMENT, 1812.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>Sir Francis Burdett’s Address seconded by me.—Employment of the Navy.—Naval Defences.—The Address rejected.—Curious Letter from Captain Hall.—Perversion of Naval Force in Sicily.—A Nautico-military Dialect.—Uselessness of our Efforts under a false System, which excludes Unity of Purpose</td>
+ <td class='c010'><a href='#Page_215'>215</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXXIV.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>MY SECRET PLANS.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>My Plans submitted to the Prince of Wales.—Negotiations thereon.—A modified Plan submitted, which came to nothing.—Inconsiderate Proposition.—Recent Report on my Plans.—Opinions of the Commissioners.—Plans probably known to the French.—Faith kept with my Country in spite of Difficulties.—Injurious Results to myself both Abroad and at Home.—Opposition to my Plans inexplicable.—Their Social Effect.—The Subject of Fortifications: these greatly overrated.—-Reasons why.—The Navy the only Reliance</td>
+ <td class='c010'><a href='#Page_227'>227</a></td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='pageno' id='Page_xii'>xii</span>CHAP. XXXV.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>NAVAL AND OTHER DISCUSSIONS IN PARLIAMENT.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>Sinecures.—Admiralty Expenses ill directed.—What might be done with small Means.—Flogging in the Army and Navy attributable to a bad System: nevertheless, indispensable.—National Means wrongly applied.—Injurious Concessions to the French.—Denied by the Government.—Explanations of my Parliamentary Conduct on the Dissolution of Parliament.—Letter to my Constituents.—Appointment of Officers by Merit instead of political Influence the true Strength of the Navy.—My Re-election for Westminster.—Address to the Electors.—Ministerial Views.—Treatment of an Officer.—My Interference</td>
+ <td class='c010'><a href='#Page_246'>246</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXXVI.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>MY MARRIAGE.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>Romantic Character of my Marriage.—Unforeseen Difficulties.—Family Results</td>
+ <td class='c010'><a href='#Page_269'>269</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXXVII.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>NAVAL ABUSES.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>Greenwich Hospital.—Droits of Admiralty.—Pensions.—My Efforts fruitless.—Contradiction of my Facts.—The Manchester Petition.—Naval Debates.—Resolutions thereon.—Mr. Croker’s Reply.—Remarks thereon.—Sir Francis Burdett.—My Reply to Mr. Croker.—Resolutions negatived without a Division.—Sir Francis Burdett’s Motion.—Mr. Croker’s Explanation.—-His Attack on me confirming my Assertions.—The Truth explained.—Another unfounded Accusation.—Official Claptrap of his own Invention.—My Reply.—Its Confirmation by Naval Writers.—Lord Collingwood’s Opinion.—My Projects adopted in all important Points.—Official Admissions.—The Result to myself</td>
+ <td class='c010'><a href='#Page_273'>273</a></td>
+ </tr>
+ <tr>
+ <td class='c009'><span class='pageno' id='Page_xiii'>xiii</span>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP XXXVIII.</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'><span class='fss'>THE STOCK-EXCHANGE TRIAL.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>Necessity for entering on the Subject.—Lord Campbell’s Opinion respecting it.—Lord Brougham’s Opinion.—His late Majesty’s.—My Restoration to Rank.—Refusal to Reinvestigate my Case.—The Reasons given.—Extract from Lord Brougham’s Works.—My first Knowledge of De Berenger.—How brought about.—The Stock-Exchange Hoax.—Rumours implicating me in it.—I return to Town in consequence.—My Affidavit.—Its Nature.—Improbability of my Confederacy.—My Carelessness of the Matter.—De Berenger’s Denial of my Participation.—Remarks thereon.—Significant Facts.—Remarks on the alleged Hoax common on the Stock-Exchange</td>
+ <td class='c010'><a href='#Page_317'>317</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XXXIX.</td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'>Admiralty Influence against me.—Appointment of Mr. Lavie as Prosecutor.—The Trial.—Crane, the Hackney Coachman.—Indecision of his Evidence.—Lord Ellenborough’s Charge, and unjustifiable Assumptions.—Report of the Trial falsified; or rather made up for the Occasion.—Evidence, how got up.—Proved to be positive Perjury.—This confirmed by subsequent Affidavits of respectable Tradesmen.—Another Charge in Store for me, had not this succeeded.—The chief Witness’s Conviction.—His subsequent Transportation and Liberation.—Affidavits of my Servants, Thomas Dewman, Mary Turpin, and Sarah Bust.—My second Affidavit.—Appeal from my Conviction refused.—Expulsion from the House.—Minority in my Favour.</td>
+ <td class='c010'><a href='#Page_344'>344</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c008' colspan='2'>CHAP. XL.</td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'><span class='pageno' id='Page_xiv'>xiv</span>Remarks on Lord Ellenborough’s Directions.—Proofs of this Fallacy.—His Assumption of things not in Evidence, and unwarrantable Conjectures, in positive Opposition to Evidence.—His Desire to Convict obnoxious Persons.—Leigh Hunt, Dr. Watson, and Hone.—Lord Ellenborough a Cabinet Minister at the time of my Trial.—My Conviction a ministerial Necessity.—Vain Attempts to get my Case reheard.—Letter to Lord Ebrington.—The Improbability of my Guilt.—Absurdity of such Imputation.—Letter of Sir Robert Wilson.—Letter of the late Duke of Hamilton.—Mr. Hume’s Letter.—Causes for my Persecution.—Treatment of the Princess Charlotte, who fled to her Mother’s Protection.—Sympathy of the Princess for my Treatment—My Popularity increased thereby.—Mine really a State Prosecution.—Restoration of Sir Robert Wilson.—My Restoration incomplete to this Day</td>
+ <td class='c010'><a href='#Page_372'>372</a></td>
+ </tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c010'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c009'><span class='sc'>Appendices</span></td>
+ <td class='c010'><a href='#Page_401'>401</a></td>
+ </tr>
+</table>
+
+<div class='nf-center-c0'>
+<div class='nf-center c004'>
+ <div><span class='pageno' id='Page_xv'>xv</span>DIRECTIONS TO THE BINDER.</div>
+ </div>
+</div>
+
+<table class='table1'>
+<colgroup>
+<col class='colwidth20'>
+<col class='colwidth80'>
+</colgroup>
+ <tr>
+ <td class='c011'>Chart A</td>
+ <td class='c012'><i>to face page</i> 15</td>
+ </tr>
+ <tr>
+ <td class='c011'>”&#160;&#160;&#160;B</td>
+ <td class='c012'>”&#160;&#160;&#160;&#160;101</td>
+ </tr>
+ <tr>
+ <td class='c011'>”&#160;&#160;&#160;C</td>
+ <td class='c012'>”&#160;&#160;&#160;&#160;&#160;24</td>
+ </tr>
+ <tr>
+ <td class='c011'>”&#160;&#160;&#160;D</td>
+ <td class='c012'>”&#160;&#160;&#160;&#160;&#160;37</td>
+ </tr>
+</table>
+
+<div class='nf-center-c0'>
+<div class='nf-center c005'>
+ <div><span class='pageno' id='Page_1'>1</span><span class='xlarge'>AUTOBIOGRAPHY OF A SEAMAN.</span></div>
+ </div>
+</div>
+
+<hr class='c013'>
+
+<div class='chapter'>
+ <h2 class='c006'>CHAPTER XXIV.<br> <br>A NAVAL STUDY FOR ALL TIME.</h2>
+</div>
+
+<p class='c014'>CHARTS, ETC., SUPPLIED BY THE PRESENT GOVERNMENT.—REFUSED BY A
+FORMER GOVERNMENT.—ALTERATION MADE IN THE CHARTS.—MR.
+STOKES’S AFFIDAVITS.—LETTER TO SIR JOHN BARROW.—SINGULAR
+ADMIRALTY MINUTE.—SECOND LETTER TO SIR JOHN BARROW.—THE
+CHARTS AGAIN REFUSED.—MY DEPARTURE FOR CHILI.—RENEWED
+APPLICATION TO THE ADMIRALTY.—KINDNESS OF THE DUKE OF
+SOMERSET.—DIFFERENCE OF OPINION AT THE ADMIRALTY.</p>
+
+<p class='c015'>It will be asked, “How is it that the matters recorded
+in the present volume are, after the lapse of fifty years,
+for the first time made public?”</p>
+
+<p class='c001'>The reply is, that it was not till after the publication
+of the preceding volume that I have been enabled to
+place the subject in a comprehensible point of view<a id='r1'></a><a href='#f1' class='c016'><sup>[1]</sup></a>,
+and that only through the high sense of justice manifested
+by the late and present First Lords of the
+<span class='pageno' id='Page_2'>2</span>Admiralty, in furnishing me with charts and logs,
+access to which was prohibited by former Boards of
+Admiralty. On several previous occasions the attempt
+has been made, but from the obstinate refusal of
+their predecessors to afford me access to documents
+by which alone truth could be elicited, it has not
+hitherto been in my power to arrive at any more
+satisfactory result than that of placing my own personal
+and unsupported statements in opposition to the sentence
+of a court-martial.</p>
+
+<p class='c001'>The necessary materials being now conceded, in such
+a way as to enable me to prepare them for publication
+in detail, it is, therefore, for the first time in my power
+to vindicate myself. A brief recapitulation of former
+refusals, as well as of the manner in which I became
+possessed of such documentary testimony as will henceforth
+exhibit facts in a comprehensive point of view,
+is desirable, as placing beyond dispute matters which
+would otherwise be incredible.</p>
+
+<p class='c001'>My declaration previous to the court-martial—that
+it was in my capacity as a member of the House of
+Commons alone that I intended to oppose a vote of
+thanks to Lord Gambier, on the ground that no
+service had been rendered worthy of so high an
+honour—will be fresh in the remembrance of the
+reader<a id='r2'></a><a href='#f2' class='c016'><sup>[2]</sup></a>; and also that when, at the risk of intrenchment
+on the privilege of Parliament, the Board of
+Admiralty called upon me officially to accuse his lordship,
+I referred them to the logs of the fleet for such
+<span class='pageno' id='Page_3'>3</span>information relative to the attack in Aix Roads as they
+might require<a id='r3'></a><a href='#f3' class='c016'><sup>[3]</sup></a>;—it nevertheless became evident that
+I was regarded as his lordship’s prosecutor! though,
+<em>throughout the trial, excluded from seeing the charts
+before the Court, hearing the evidence, cross-examining
+the witnesses, or even listening to the defence!</em><a id='r4'></a><a href='#f4' class='c016'><sup>[4]</sup></a></p>
+
+<p class='c001'>On the acquittal of Lord Gambier, the ministry did
+not submit the vote of thanks to Parliament till six
+months afterwards, viz. in the session of the following
+year, 1810. To myself, however, the consequences
+were—as Lord Mulgrave had predicted—immediate;
+bringing me forthwith under the full weight of
+ministerial displeasure. The Board of Admiralty prohibited
+me from joining the <span lang="fr"><i>Impérieuse</i></span> in the Scheldt.</p>
+
+<p class='c001'>The effect of this prohibition in a manner so marked
+as to be unmistakeable as to its cause, produced on my
+mind a natural anxiety to lay before the public the
+reasons for a proceeding so unusual, and, as a first step, I
+requested of the Board permission to inspect the charts
+upon which—<em>in opposition to the evidence of officers
+present at the attack</em>—the decision of the court-martial
+had been made to rest. The request was evaded, both
+then and afterwards, even though persisted in up to
+the year 1818, when it was officially <em>denied</em> that the
+original of the most material chart was in the possession
+of the Admiralty. Even inspection of <em>a copy
+admitted to be in their possession</em> was refused.</p>
+
+<p class='c001'>An assertion of this nature might be dangerous were
+not ample proof at hand.</p>
+
+<p class='c001'><span class='pageno' id='Page_4'>4</span>It having come to my knowledge, from certain affidavits
+filed in the Court of Admiralty by Mr. Stokes,
+the master of Lord Gambier’s flagship, on whose chart
+the acquittal of Lord Gambier had been based—that,
+<em>after the lapse of eight years from the court-martial!</em>
+material alterations had been made <em>by permission of the
+Board itself and under the direction of one of its officers</em>—I
+naturally became suspicious that the charts might
+otherwise have been tampered with; the more so,
+as neither at the court-martial, nor at any period subsequent
+to it, had I ever been allowed to obtain even
+a sight of the charts in question.</p>
+
+<p class='c001'>The very circumstances were suspicious. On the
+application for head-money to the Court of Admiralty
+in 1817, the Court had refused to receive Mr. Stokes’s
+chart, on account of its palpable incorrectness. On
+this, Mr. Stokes applied to the Admiralty for permission
+<em>to alter his chart</em>! The permission was granted, and in
+this altered state it was received by the Court of
+Admiralty, which, on Mr. Stokes’s authority, decreed
+that the head-money should be given <em>to the whole fleet</em>,
+contrary to the Act of Parliament, <em>instead of the ships
+which alone had taken part in the destruction of the
+enemy’s vessels</em>.</p>
+
+<p class='c001'>Fearful that material erasures or additions had been
+made, I once more applied to the Board for permission
+to <em>inspect</em> the alterations. The request was again
+refused, though my opponents had been permitted to
+make what alterations and erasures they pleased.</p>
+
+<p class='c001'>The following are extracts from the above-mentioned
+affidavits of Mr. Stokes:—</p>
+
+<p class='c017'><span class='pageno' id='Page_5'>5</span>Extract from the affidavit, sworn before the High Court of Admiralty
+on the 13th of November, 1817, of Thomas Stokes, master
+of the <i>Caledonia</i>, as to the truth of the MSS. chart, upon which
+the acquittal of Lord Gambier was based; <em>before</em> the Court of
+Admiralty rejected his chart, and <em>before</em> the alterations were made.</p>
+
+<p class='c018'>“And this deponent maketh oath that the annexed paper
+writing marked with the letter A, being a chart of Aix Roads,
+<em>is a true copy<a id='r5'></a><a href='#f5' class='c016'><sup>[5]</sup></a> made by this deponent</em> of an original French
+chart found on board the French frigate <span lang="fr"><i>L’Armide</i></span> in September,
+1806, which <em>original chart is now in the Hydrographic
+Office in the Admiralty</em>, and by comparing the same
+with the original chart he is enabled to depose, and <em>does
+depose that the said chart is correct and true</em>, and that the
+soundings therein stated accurately describe the soundings at
+low water, to the best of his judgment and belief.”</p>
+
+<p class='c018'>Extract from a second affidavit, sworn by Mr. Stokes, before the
+High Court of Admiralty, on the 17th of April, 1818, <em>after</em> the
+Court had refused to admit his chart from its incorrectness; and
+<em>after</em> the alterations had been made!</p>
+
+<p class='c018'>“Appeared personally, Thomas Stokes, master in the Royal
+Navy, and made oath that the original MSS. chart found on
+board the French frigate <span lang="fr"><i>L’Armide</i></span>, and marked A, annexed
+to his affidavit of the 13th of November, 1817, were delivered
+at the Hydrographic Office at the Admiralty, and this deponent
+for <em>greater convenience of reference! inserted a scale of a
+nautic mile!!</em> the original manuscript chart having only a
+scale of French toises; that in inserting a scale of a nautic
+mile, this deponent <em>had allowed a thousand French toises to
+a nautic mile</em>, and that Mr. Walker, the Assistant-Hydrographer,
+accordingly made the erasures which now appear
+on the face of the chart!” &#38;c.</p>
+
+<p class='c019'>In these affidavits Mr. Stokes first distinctly swore
+<span class='pageno' id='Page_6'>6</span>that his chart, copied from a French MSS. was <em>correct</em>;
+2ndly—when detected by the Court of Admiralty—that
+it was <em>incorrect</em>; 3rdly—that the original was <em>deposited
+in the Hydrographic Office at the Admiralty</em>.</p>
+
+<p class='c001'>My application to Sir John Barrow, then Hydrographer
+to the Admiralty, was as follows:—</p>
+
+<div class='quote'>
+
+<div class='c020'>“May 4th, 1818.</div>
+
+<p class='c001'>“<span class='sc'>Sir</span>,—As it appears by the affidavit of which I enclose a
+copy that two charts of Aix Roads, the one stated to be a
+copy of the other, were deposited in the Hydrographic Office,
+and that the one <em>purporting to be the copy</em> has been delivered
+up for the purpose of being exhibited as evidence on the part
+of my opponents in a cause now pending in the High Court of
+Admiralty, and as it further appears that <em>an alteration</em> in the
+last-mentioned chart was made by Mr. Stokes, and a further
+alteration by Mr. Walker, Assistant-Hydrographer, I have
+to request that the Right Honourable the Lords Commissioners
+will be pleased to permit me to see the other or
+original chart of Mr. Stokes still remaining at the Hydrographic
+Office, in order that I may be enabled to judge
+for myself of the nature and effect of the alterations now
+acknowledged to have been made on the charts. The
+reasonableness of this request will, I presume, be manifest to
+their Lordships, and the more especially, seeing that my opponents
+<em>are not only allowed similar access, but have been
+permitted to withdraw one of the said charts for the purpose
+of exhibiting it in evidence</em>, notwithstanding that a variation
+from the original has been avowedly made therein.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>I have, &#38;c.,</div>
+ <div class='line in5'>“<span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“Sir John Barrow, Hydrographer, &#38;c.”</span></p>
+
+</div>
+
+<p class='c001'>To this request Sir John Barrow, on the 6th of
+May, returned the following refusal:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“As Mr. Stokes’s charts have been restored to him, and <em>a
+copy</em> made for the use of the office, I am directed to acquaint
+<span class='pageno' id='Page_7'>7</span>your Lordship that my Lords cannot comply with your request
+in respect <em>to the original chart</em>, and as to <em>the copy</em> of the
+chart made in this office and now remaining here, their Lordships
+<em>do not feel themselves at liberty to communicate it</em>.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour, &#38;c.</div>
+ <div class='line in9'>“<span class='sc'>John Barrow</span>.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<p class='c001'>This refusal was accompanied by the following copy
+of a minute from the Admiralty: in which it was pretended
+that Stokes had only <em>lent</em> the original chart
+to the Hydrographer’s office, <em>to be copied for the use of
+the Hydrographic Department</em>—though it had been
+made use of to acquit an admiral, to the rejection of
+the charts of the fleet, as will presently be seen.</p>
+
+<div class='quote'>
+
+<p class='c001'>“Mr. Stokes <em>lent</em> the original chart to the Hydrographer’s
+office, to be copied for the <em>use of that department</em>.</p>
+
+<p class='c001'>“Mr. Stokes then went abroad.</p>
+
+<p class='c001'>“On his return he applied for his chart, which being
+<em>mislaid</em> they gave him the <em>copy</em>.</p>
+
+<p class='c001'>“Stokes, finding the alteration objected to in a court of
+law, applied about a month since for his own chart, the
+<em>original</em> of which was <em>restored to him</em>, copy being made.”—23,
+141, 147.</p>
+
+</div>
+
+<p class='c001'>To this singular communication and minute I returned
+the subjoined reply:—</p>
+
+<div class='quote'>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“13, Henrietta Street, Covent Garden.</div>
+ <div class='line in12'>18th May, 1818.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'>“<span class='sc'>Sir</span>,—Your letter of the 6th of May was delivered to me
+as I was going out of town, consequently I had no opportunity
+of referring to documents which I have since consulted,
+in order to refute the statements which the Lords of the Admiralty
+appear to have received.</p>
+
+<p class='c001'>“You inform me, by command of their Lordships, that
+‘it appears by a report from the Hydrographer that Mr.
+Stokes had become possessed of the original chart which he
+<span class='pageno' id='Page_8'>8</span><em>lent</em> to the Hydrographer’s office for the use of that department.’
+This appears to imply that Mr. Stokes became
+possessed of the original chart at the time of the attack
+in the <span lang="fr"><i>Charente</i></span> under Lord Gambier, whereas Mr. Stokes
+made oath that it was taken from the <span lang="fr"><i>Armide</i></span> in 1806, two
+years and a half previous to the attack in question. As it
+does not appear from the Minutes of the court-martial on
+Lord Gambier that the original chart was then produced,
+and as it is not now forthcoming in the cause now pending
+in the Court of Admiralty, I am compelled to disbelieve its
+existence, or at least to believe that it underwent material
+alterations after it came into Mr. Stokes’s possession. The
+original ought to have been exhibited with the copy at the
+trial of Lord Gambier, and both either were or ought to
+have been filed in the office of the Admiralty with the
+Minutes of the proceedings; but whether <em>either</em> are so filed
+their Lordships <em>have not permitted me to ascertain</em>.</p>
+
+<p class='c001'>“If the original were filed, it could not afterwards have
+been ‘<em>lent</em> by Mr Stokes to the Hydrographer’s office to be
+copied for the use of that department.’ Even had the copy
+only been filed—sworn as it was by Mr. Stokes ‘<em>to be correct!</em>’
+there could have been no necessity—if Mr. Stokes
+was deemed worthy of belief—for the Hydrographer to <em>borrow
+the original</em>. <em>Eight years</em> having elapsed since the court-martial
+on Lord Gambier, you inform me that ‘Mr. Stokes
+on his return from abroad applied for his chart accordingly,
+which chart happening to be mislaid, he was furnished <em>with
+the copy</em> in question,’ viz. that ‘made for the use of the
+Hydrographer’s department.’ It is important to observe that
+<em>this is completely at variance with the affidavit</em> of Mr. Stokes,
+who swears that ‘<em>he himself made the copy</em>,’ and that ‘<em>both
+the copy and the original were delivered at the Hydrographic
+Office!</em>’ It cannot fail to be observed, that to ‘deliver’ a chart
+at the Hydrographic Office, and to ‘<em>lend</em> a chart to be copied
+for the use of that department’—the language of the letter
+before me—are different expressions, conveying widely different
+meanings.</p>
+
+<p class='c001'><span class='pageno' id='Page_9'>9</span>“It is also material to observe that it is strange alterations
+<em>at all</em> should have been made on a chart represented to be a
+<em>copy</em> of an <em>original</em>, and exhibited as evidence in a court of
+law. That such original <em>is not forthcoming</em> is a very material
+and a very <em>suspicious circumstance</em>. If it be true, or if
+there really be any other chart than that which is described
+as a copy and <em>admitted</em> to be altered, I may fairly infer
+that such altered copy differs so materially and so <a id='corr9.8'></a><span class='htmlonly'><ins class='correction' title='fradulently'>fraudulently</ins></span><span class='epubonly'><a href='#c_9.8'><ins class='correction' title='fradulently'>fraudulently</ins></a></span>
+from the original, or that the original—so called—is itself
+so palpable a fabrication, or has so obviously been altered,
+that Mr. Stokes and his employers <em>do not dare to exhibit it
+in a court of law</em>; and have withdrawn it from the Hydrographer’s
+office for the purpose of suppressing so convincing a
+proof of the fraud practised on Lord Gambier’s trial.</p>
+
+<p class='c001'>“Exclusive of the glaring contradiction between the statements
+of Mr. Stokes on the court-martial, and that which you
+have been commanded to make to me, when it is considered
+that Mr. Stokes is detected in <em>having altered</em> a document
+which he exhibits in a court of law as a correct copy of an
+original, and that he is no sooner detected than he endeavours
+to defend the alteration by declaring that it proceeded from
+the Hydrographer’s office, where the <em>original was deposited</em>;
+and that upon such defence leading to an application for
+leave to inspect the <em>original</em>, answer is made that such
+original <em>had merely been borrowed of Mr. Stokes</em>, and had
+been returned to him <em>at his own request</em>, and that request,
+too, made in consequence of the alteration in the alleged copy
+<em>having been detected</em>—it is impossible not to infer a juggle
+between Mr. Stokes, the Hydrographic Office, and others
+whom I shall not here undertake to name, for the purpose of
+defeating the ends of justice.</p>
+<div class='c020'>“<span class='sc'>Cochrane.</span></div>
+<p class='c001'><span class='small'>“Sir John Barrow, Hydrographer, &#38;c.”</span></p>
+
+</div>
+
+<p class='c001'>Receiving no reply to this letter, I subsequently
+addressed the following to the Secretary of the Admiralty.</p>
+
+<div><span class='pageno' id='Page_10'>10</span></div>
+<div class='quote'>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“9, Bryanstone Street, Portman Square,</div>
+ <div class='line in11'>2nd July, 1818.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'>“<span class='sc'>Sir</span>,—I feel it proper to inclose to you, as Secretary of
+the Admiralty, a copy of an affidavit, accompanied by a
+general outline of the chart of Basque Roads, the originals of
+which are filed in the High Court of Admiralty, by which
+their Lordships will clearly perceive that five more ships of
+the line <em>might</em> and <em>ought</em> to have been taken or destroyed,
+had the enemy been attacked between daybreak and noon
+on the 12th of April. And I have to request, Sir, that you
+will have the goodness to lay these documents before their
+Lordships (as well as the inclosed printed case which they
+have already partly seen in manuscript), with my respectful
+and earnest desire that their Lordships may be pleased to
+cause the facts therein set forth to be verified by comparing
+them with the original documents, logs, charts, and records
+in their Lordships’ possession. I am the more solicitous that
+the present Lords Commissioners of the Admiralty should
+adopt this mode of proceeding, as it will enable them decisively
+to judge on a subject of great national importance,
+and also to ascertain (what a portion of the public know)
+that it is not by false evidence from amongst the lower class
+of society alone that my character has been assailed, in order
+not only to perpetuate the concealment of neglect of duty,
+but to prevent an exposure of the perjury, forgery, and
+fraud by which that charge was endeavoured to be refuted.</p>
+
+<p class='c001'>“I beg, Sir, that you will assure their Lordships on my
+part, that as a deep sense of public duty alone induced me
+formerly to express a hope that the thanks of Parliament
+might not be pressed for the conduct of the affair in Basque
+Roads, so, in addition to that feeling, which made me disregard
+every private interest, I have formed a fixed determination
+never, whilst I exist, to rest satisfied until I expose the
+baseness and wickedness of the attempts made to destroy my
+character, which I value more than my life.</p>
+
+<p class='c001'>“As the affidavits of Captains Robert Kerr and Robert
+Hockings (which, as well as my own, are filed in the High
+Court of Admiralty) may immediately be made the subject of
+<span class='pageno' id='Page_11'>11</span>indictment in a court of law, and as the proceedings in the
+Admiralty Court have been put off under the pretence of
+obtaining further evidence in support of the mis-statements
+of these officers and the claim of Lord Gambier, I have
+respectfully to request that when the Lords Commissioners of
+the Admiralty shall have instituted an inquiry into the logs,
+charts, and documents, and ascertained the conduct of the
+before-named officers, they will be pleased to cause public
+justice to be done in a matter involving the character of the
+naval service so deeply.</p>
+
+<p class='c001'>“If, Sir, through their Lordships’ means, a fair investigation
+shall take place, it will be far more gratifying than any other
+course of proceeding.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour to be, &#38;c. &#38;c.,</div>
+ <div class='line in24'>“<span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“Jno. Wilson Croker, Esq., Secretary, &#38;c., Admiralty.”</span></p>
+
+</div>
+
+<p class='c001'>After the above correspondence I gave up, as hopeless,
+all further attempts to obtain even so much as a
+sight of the charts without which any public explanation
+on my part would have been unintelligible.</p>
+
+<p class='c001'>In the year 1819—when nearly ruined by law
+expenses, fines, and deprivation of pay—in despair
+moreover, of surmounting the unmerited obloquy which
+had befallen me in England—I accepted from the
+Chilian government an invitation to aid in its war of
+independence; and removed with Lady Cochrane and
+our family to South America, in the vain hope of finding,
+amongst strangers, that sympathy which, though
+interested, might, in some measure compensate for the
+persecutions of our native land.<a id='r6'></a><a href='#f6' class='c016'><sup>[6]</sup></a> I will not attempt
+<span class='pageno' id='Page_12'>12</span>to describe the agonised feelings of this even temporary
+exile under such circumstances from my
+country, in whose annals it had been my ambition to
+secure an honourable position. No language of mine
+could convey the mental sufferings consequent on finding
+aspirations—founded on exertions which ought to
+have justified all my hopes—frustrated by the enmity
+of an illiberal political faction, which regarded services
+to the nation as nothing when opposed to the interests
+of party.</p>
+
+<p class='c001'>On my return to England, from causes which will
+appear in the sequel, the subject of the charts was not
+again officially renewed.</p>
+
+<p class='c001'>Latterly, however, considering that at my advanced
+age there was a probability of quitting the world with
+the stigma attached to my memory of having been
+the indirect cause of bringing my commander-in-chief
+to a court-martial—though in reality the charges were
+made by the Admiralty—I determined to make one
+more effort to obtain those documents which alone
+could justify the course I had deemed it my duty to
+pursue. In the hope that the more enlightened policy
+of modern times might concede the boon, which a
+former period of political corruption had denied, I
+applied to Sir John Pakington, late First Lord of the
+Admiralty, for permission to inspect such documents
+relative to the affair of Aix Roads as the Board might
+possess.</p>
+
+<p class='c001'><span class='pageno' id='Page_13'>13</span>Permission was kindly and promptly granted by Sir
+John Pakington; but Lord Derby’s ministry going out
+of office before the boon could be rendered available, it
+became necessary to renew the application to the successor
+of the Right Honourable Baronet, viz. his Grace
+the Duke of Somerset, who as promptly complied with
+the request. The reader may judge of my surprise on
+discovering, in its proper place, bound up amongst the
+Naval Records, in the usual official manner, the <em>very
+chart the possession of which had been denied by a
+former Board of Admiralty</em>!</p>
+
+<p class='c001'>The Duke of Somerset, moreover, with a consideration
+for which I feel truly grateful, ordered that whatever
+copies of charts I might require, should be supplied
+by the Hydrographic Office; so that by the kindness
+of Captain Washington, the eminent hydrographer to
+the Board, tracings of the suppressed charts have been
+made, and are now appended to this volume. His
+grace further ordered that the logs of Lord Gambier’s
+fleet should be submitted to the inspection of Mr. Earp,
+with permission to make extracts; an order fully carried
+out by the courtesy of Mr. Lascelles, of the Record
+Office, to the extent of the logs in his possession.</p>
+
+<p class='c001'>It is, therefore, only after the lapse of fifty-one years
+and in my own eighty-fifth year,—a postponement too
+late for my peace, but not for my justification,—that I
+am, from official documents, and proofs deduced from
+official documents which were from the first and still
+are in the possession of the Government, enabled to
+remove the stigma before alluded to, and to lay before
+the public such an explanation of the fabricated chart,
+<span class='pageno' id='Page_14'>14</span>together with an Admiralty copy of the chart itself, as
+from that evidence shall place the whole matter beyond
+the possibility of dispute. It will in the present day be
+difficult to credit the existence of such practices and
+evil influences of party spirit in past times as could
+permit an Administration, even for the purpose of preserving
+the <em>prestige</em> of a Government to claim as a
+glorious victory! a neglect of duty which, to use the
+mildest terms, was both a naval and a national dishonour.</p>
+
+<p class='c001'>The point which more immediately concerns myself is,
+however, this:—that the verdict founded on this fabricated
+chart, together with the subsequent official enmity
+directed against me in consequence of my determination
+to oppose the vote of thanks to Lord Gambier, was
+persevered in year after year, till it reached its climax
+in the consequences of that subsequent trial which was
+made the pretext for driving me from the navy, in
+defiance of remonstrance at the Board of Admiralty
+itself. I have not long been aware of the latter fact.
+Admiral Collier has recently informed me that Sir
+W.J. Hope, then one of the Naval Lords of the Admiralty,
+told him that considering the sentence passed
+against me cruel and vindictive, he refused to sign his
+name to the decision of the Board by which my name
+was struck off the Navy List.</p>
+
+<div class='plate'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>CHART A.</div>
+ <div><span class='small'>Tracing from the official French Chart of the isles of Ré and d’Olleron. Tendered to the Court-Martial by Lord <span class='sc'>Cochrane</span>, and rejected.</span></div>
+ </div>
+</div>
+
+<div id='chartA' class='figcenter id003'>
+<img src='images/i_015fp.jpg' alt='' class='ig001'>
+<div class='ic003'>
+<p><span class='small'><i>Soundings in feet at Low Water Springs</i></span><br> <span class='small'>London: Richard Bentley: 1860.</span></p>
+</div>
+</div>
+
+</div>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_15'>15</span>
+ <h2 class='c006'>CHAP. XXV.<br> <br> <span class='fss'>A NAVAL STUDY</span>—<i>continued</i>.</h2>
+</div>
+
+<p class='c014'>FRENCH HYDROGRAPHIC CHARTS.—ONE TENDERED BY ME TO THE COURT.—REJECTED
+BY THE PRESIDENT.—GROUNDS FOR ITS REJECTION.—THE
+OBJECT OF THE REJECTED CHART.—WOULD HAVE PROVED TOO MUCH, IF
+ADMITTED.—REJECTION OF OTHER CHARTS TENDERED BY ME.—MR.
+STOKES’S CHART.—ITS FALLACY AT FIRST SIGHT.—JUDGE ADVOCATE’S
+REASONS FOR ADOPTING IT.—ITS ERRORS DETECTED BY THE PRESIDENT,
+AND EXPOSED HERE.—PROBABLE EXCUSE FOR THE ERROR.—IMAGINARY
+SHOAL ON THE CHART.—FALSIFICATION OF WIDTH OF
+CHANNEL.—LORD GAMBIER’S VOUCHER FOR STOKES’S CHART.—STOKES’S
+VOUCHER FOR ITS WORTHLESSNESS.—STOKES’S CHART IN A NATIONAL
+POINT OF VIEW.—TAKEN ADVANTAGE OF BY THE FRENCH.</p>
+
+<p class='c022'>The charts to which the reader’s attention is invited
+are those alluded to in the last chapter, as having,
+after the lapse of fifty-one years, been traced for me
+by Captain Washington, by the order of his Grace
+the Duke of Somerset. The subject being no longer
+of personal but of historical interest, there can be no
+impropriety in laying before the naval service, for its
+judgment, materials so considerately supplied by the
+present First Lord of the Admiralty.</p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><span class='sc'>Chart A</span></div>
+ </div>
+</div>
+
+<p class='c023'>is a correct tracing of Aix Roads from the <span lang="fr"><i>Neptune
+François</i></span>, a set of charts issued by the French Hydrographical
+Department—bound in a volume, and supplied
+for the use of the French navy previous to
+<span class='pageno' id='Page_16'>16</span>1809<a id='r7'></a><a href='#f7' class='c016'><sup>[7]</sup></a>; copies from the same source being at that
+period supplied under the auspices of the Board of
+Admiralty for the use of British ships on the French
+coasts—these, in fact, forming the only guides available
+at that period.</p>
+
+<p class='c001'><a href='#chartA'>Chart A</a> shows a clear entrance of two miles, without
+shoal or hindrance of any kind, between Ile
+d’Aix and the Boyart Sand; the soundings close to
+the latter marking thirty-five feet at low water, with
+from thirty to forty feet in mid-channel. The chart
+shows, moreover, a channel leading to a spacious anchorage
+between the Boyart and Palles Sands, marking
+clear soundings at low water of from twenty to thirty
+feet close to either sand, with thirty feet in mid-channel.
+In this anchorage line-of-battle-ships could not only
+have <em>floated</em>, without danger of grounding, but could
+have effectively operated against the enemy’s fleet, even
+in its entire state before the attack, wholly out of range
+of the batteries on Ile d’Aix, as will hereafter be corroborated
+by the logs and evidence of experienced
+officers present in the attack, and therefore practically
+acquainted with the soundings. To a naval eye, it will
+be apparent that, by gaining this anchorage, it would
+not at any time have been difficult for the British
+force to have interposed the enemy’s fleet between itself
+and the fortifications on Ile d’Aix in such a way as
+completely to neutralise the fire of the latter.</p>
+
+<p class='c001'>Further inspection of the chart will indicate an inner
+<span class='pageno' id='Page_17'>17</span>anchorage, called <span lang="fr"><span lang="fr"><i>Le Grand Trousse</i></span></span>, to which any
+British vessel disabled by the enemy’s ships—two only
+of which, out of thirteen, remained afloat,—might have
+retired with safety to an anchorage capable of holding
+a fleet—the soundings in <span lang="fr"><i>Le Grand Trousse</i></span> marking
+from thirty to forty feet at low water. Between these
+anchorages it will be seen on the chart that there is
+no shoal, nor any other danger whatever.<a id='r8'></a><a href='#f8' class='c016'><sup>[8]</sup></a></p>
+
+<p class='c001'>The rise of tide marked on the chart was from ten
+to twelve feet<a id='r9'></a><a href='#f9' class='c016'><sup>[9]</sup></a>, consequently amply sufficient <em>on a rising
+tide</em> for the two-deckers and frigates to have been sent
+to the attack of the enemy’s ships aground on the
+Palles Shoal, as testified by the evidence of Captains
+Malcolm and Broughton.<a id='r10'></a><a href='#f10' class='c016'><sup>[10]</sup></a> The flood-tide making
+about 7·0 <span class='fss'>A.M.</span> gave assurance of abundant depth of
+water by 11·0 <span class='fss'>A.M.</span>, which is the time marked in the
+Commander-in-chief’s log<a id='r11'></a><a href='#f11' class='c016'><sup>[11]</sup></a> as that of <em>bringing the British
+ships to an anchor!</em> in place of forwarding them to the
+attack of ships on shore!</p>
+
+<p class='c001'>This chart was tendered by me to the Court, in explanation
+of my evidence. It was, however, rejected,
+<span class='pageno' id='Page_18'>18</span>because I could not <em>produce the French hydrographer
+to prove its correctness!</em> though copies of a similar
+chart, as has been said, were furnished to British ships
+for their guidance! Being thus repudiated, my chart
+was flung contemptuously under the table, and neither
+this nor any other <em>official</em> chart was afterwards allowed
+to corroborate the facts subsequently testified by the
+various officers present in the action, they being imperatively
+ordered to base their observations on the
+chart of Mr. Stokes alluded to in the last chapter, as
+having been—eight years after the court-martial—pronounced
+by the Court of Admiralty so incorrect as
+to require material alteration before it could be put in
+evidence in a court of law! To this point we shall
+presently come.</p>
+
+<p class='c001'>A singular circumstance connected with the rejected
+chart should rather have <em>secured its reception</em>, viz. that
+it was taken by my own hands out of the <span lang="fr"><i>Ville de
+Varsovie</i></span> French line-of-battle ship shortly before she
+was set fire to, and therefore its authenticity, as having
+been officially supplied by the French government for
+the use of that ship, was beyond doubt or question.
+I also produced two similar charts, on which were
+marked the places of the enemy’s ships aground at
+daylight on the 12th of April, as observed from
+the <span lang="fr"><i>Impérieuse</i></span>, the only vessel then in proximity.
+The positions of the grounded vessels are marked on
+Chart B.</p>
+
+<p class='c001'>The manner of the rejection by the Court—at the
+suggestion of the Judge-Advocate—of the chart tendered
+by me, is worthy of note.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>President.</span>—“I think your lordship said just now, that you
+<span class='pageno' id='Page_19'>19</span>thought there was water enough for ships of any draught
+of water?”</p>
+
+<p class='c001'><span class='sc'>Lord Cochrane.</span>—“Yes.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“Have you <em>an authenticated chart</em>, or any
+evidence that can be produced to show that there is <em>actually</em>
+such a depth of water?”</p>
+
+<p class='c001'><span class='sc'>Lord Cochrane</span> (<em>putting in the charts</em>).—“It was <em>actually</em>
+from the soundings we had going in, provided the tide does
+not fall more than twelve feet, which I am not aware of. I
+studied the chart of Basque Roads for some days before. The
+rise of the tide, as I understand from that, is from ten to
+twelve feet. It is so mentioned in the French chart. I have
+no other means of judging.”<a id='r12'></a><a href='#f12' class='c016'><sup>[12]</sup></a></p>
+
+<p class='c001'><i>Judge-Advocate.</i>—“<span class='sc'>This chart is not evidence before
+the Court, because his lordship cannot prove its correctness!!</span>”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“<em>No! It is nothing more than to show upon
+what grounds his lordship forms his opinion on the rise
+and fall of the tide!!</em>”<a id='r13'></a><a href='#f13' class='c016'><sup>[13]</sup></a></p>
+
+</div>
+
+<p class='c001'>It was not put in for any purpose of the kind—for
+I had expressly said that I had no opinion as to the
+rise and fall of the tide, except as marked on the
+French official charts. The object of my putting in
+those charts was to <em>show the truth of the whole matter
+before the Court</em>. The president, however, flung the
+chart under the table with as much eagerness as the
+Judge-Advocate had evinced when objecting to its reception
+in evidence.<a id='r14'></a><a href='#f14' class='c016'><sup>[14]</sup></a></p>
+
+<p class='c001'>The object of the chart was in fact to prove, as indeed
+<em>was subsequently proved</em> by the testimony of eminent officers,
+and <em>would</em> have been proved even by the ships’ logs
+had they been consulted, that there was plenty of channel
+room to keep clear of the batteries on Ile d’Aix, together
+with abundant depth of water<a id='r15'></a><a href='#f15' class='c016'><sup>[15]</sup></a>; and that the commander-in-chief,
+in ordering all the ships to <em>come to an
+anchor</em>, in place of sending a portion<a id='r16'></a><a href='#f16' class='c016'><sup>[16]</sup></a> of the British
+<span class='pageno' id='Page_21'>21</span>ships to the attack of the enemy’s vessels aground
+on the north-west part of the Palles Shoal, on the
+morning of the 12th of April, had displayed a “<span lang="fr"><i>mollesse</i></span>”—as
+it was happily termed by Admiral Gravière—unbecoming
+the Commander-in-chief of a British force,
+superior in numbers, and having nothing to fear from
+about a dozen guns on the fortifications of Aix; which,
+had the ships been sent in along the edge of the
+Boyart, could have inflicted no material damage, either
+by shot or shell.<a id='r17'></a><a href='#f17' class='c016'><sup>[17]</sup></a></p>
+
+<p class='c001'>These were precisely the points which the ministry
+did not want proved, and which—as will presently be
+seen—the Court was no less anxious to avoid proving.
+Had the French chart been received in evidence, as
+it ought to have been—I do not say mine, but
+those on board the flagship itself, or indeed <em>any copy</em>
+supplied by the Admiralty to the fleet—a vote of thanks
+to Lord Gambier would have been <em>impossible</em>, and with
+the impossibility would have vanished the Government
+<em>prestige</em> of a great victory gained by their commander-in-chief,
+under their auspices.<a id='r18'></a><a href='#f18' class='c016'><sup>[18]</sup></a></p>
+
+<p class='c001'>The French official chart being thus adroitly got rid
+of by the Judge-Advocate, the other charts tendered
+by me to mark the positions of the enemy’s ships
+<span class='pageno' id='Page_22'>22</span>aground shared the like fate, though not open to the
+same objection. The exactness of the positions was
+moreover confirmed by the evidence of Mr. Stokes,
+the master of the <i>Caledonia</i>, Lord Gambier’s flagship;
+though his chart, substituted for those in use amongst
+the British ships, was in direct contradiction to his
+oral evidence.</p>
+
+<p class='c001'>The positions, of the ships aground as marked on my
+charts, were as follows.</p>
+
+<p class='c001'>The <i>Ocean</i>, three-decker, bearing the flag of Admiral
+Allemand, and forming a group with three other line-of-battle
+ships close to her, lay aground on the north-west
+edge of the Palles Shoal, nearest the deep water, where
+even a gun-boat, had it been sent whilst they lay on their
+bilge, could have so perforated their bottoms, that they
+could not have floated with the rising tide. All were
+immoveably aground, and were therefore incapable of
+opposition to an attacking force<a id='r19'></a><a href='#f19' class='c016'><sup>[19]</sup></a>; whilst each of the
+<span class='pageno' id='Page_23'>23</span>group of three lay so much inclined towards each other
+as to present the appearance of having their yards
+locked together.<a id='r20'></a><a href='#f20' class='c016'><sup>[20]</sup></a> They had, in fact, drifted with the
+same current, into the same spot, and being nearly of
+the same draught of water, had grounded close to each
+other. The one separate was a vessel of less draught
+than these, and had gone a little further on the shoal.</p>
+
+<p class='c001'>The correctness of these positions, as marked on my
+chart, was completely confirmed by Mr. Stokes, master
+of the flag-ship, in his oral evidence as subjoined.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Question.</span>—“State the situation of the enemy’s fleet on
+the morning of the 12th of April.”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“At daylight I observed <em>the whole of the
+enemy’s ships, except two of the line, on shore</em>. Four of them
+<em>lay in group</em>, or lay together on the western part of the
+Palles Shoal. The three-decker (<span lang="fr"><i>L’Océan</i></span>, flagship) was <em>on
+the north-west edge</em> of the Palles Shoal, with her broadside
+flanking the passage; <em>the north-west point nearest the deep
+water</em>.”<a href='#f20' class='c016'><sup>[20]</sup></a>—(<cite>Minutes</cite>, page 147.)</p>
+
+</div>
+
+<p class='c001'>This was the truth as to the positions of the grounded
+ships which escaped; these being referred to in Mr.
+Stokes’s evidence precisely as marked on my rejected
+chart. That is, his evidence showed, in corroboration
+of my chart, the <em>utter helplessness of an enemy which
+a British admiral refrained from attacking, though
+aground</em>!</p>
+
+<p class='c001'><span class='pageno' id='Page_24'>24</span>The French charts produced by me being thus rejected,
+those in the possession of the Commander-in-chief
+not produced, and those connected with the fleet not
+being called for, the court decided to rely upon two
+charts professedly constructed for the occasion by the
+master of the <i>Caledonia</i>, Mr. Stokes, and the master of
+the fleet, Mr. Fairfax, <em>neither of whom was present in
+the attack</em>.<a id='r21'></a><a href='#f21' class='c016'><sup>[21]</sup></a></p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*</div>
+ </div>
+</div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><span class='sc'>Chart C</span></div>
+ </div>
+</div>
+
+<p class='c023'>was tendered to the Court by Mr. Stokes, the master
+of Lord Gambier’s flag-ship <i>Caledonia</i>.</p>
+
+<div class='plate'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>CHART C.</div>
+ <div><span class='small'>Constructed by M<sup>r</sup> Stokes for the purposes of the Court Martial, and exclusively adopted, though it narrows the channel to Aix Roads to <em>one mile</em> only, the official French Charts marking <em>two miles</em>.</span></div>
+ </div>
+</div>
+
+<div id='chartC' class='figcenter id003'>
+<a href='images/i_024fp_large.jpg'><img src='images/i_024fp.jpg' alt='' class='ig001'></a>
+<div class='ic003'>
+<p>SKETCH OF D’AIX ANCHORAGE.<br> <span class='small'>London: Richard Bentley, 1860.</span></p>
+</div>
+</div>
+
+</div>
+
+<p class='c001'>This chart professed to show, and was sworn to by
+Mr. Stokes as showing, the positions of the enemy’s
+ships aground <em>on the morning of the 12th of April</em>, before
+the <i>Ocean</i> three-decker, together with a group of
+three outermost ships near her, had been permitted by
+the delay of the Commander-in-chief to warp off and
+escape. Instead, however, of placing these on his chart
+as they lay helplessly aground “nearest the deep water”
+as <em>he had sworn in his evidence</em>, they were placed in
+<span class='pageno' id='Page_25'>25</span>on the other side of the sand, in the positions occupied
+<em>after their escape!</em> and <em>to this Mr. Stokes swore as their</em>
+position <em>when first driven ashore</em>! The <i>Ocean</i> three-decker,
+and group in particular, which, according to Mr.
+Stokes’s oral evidence, must, as already stated, have
+been an easy prey to a gunboat had such been sent
+on the first quarter instead of the last quarter flood,
+was thus placed on his chart where no vessel could
+have approached them!<a id='r22'></a><a href='#f22' class='c016'><sup>[22]</sup></a></p>
+
+<p class='c001'>This falsehood on Mr. Stokes’s chart, in opposition
+to his oral evidence just given, as well as to the evidence
+of other officers, formed one of the principal
+grounds of Lord Gambier’s acquittal; and it was for
+this end that the official French charts presented by me
+for the information of the court were rejected by the
+judge-advocate.</p>
+
+<p class='c001'>On the presentation of Mr. Stokes’s chart to the
+court, the subjoined colloquy took place as to the methods
+adopted in its construction.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Mr. Bicknell.</span>—“Produce a chart or drawing of the
+anchorage at Isle d’Aix, with the relative positions of the
+<span class='pageno' id='Page_26'>26</span>British and French fleets, and other particulars, on and
+previous to the 12th of April last.”</p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><i>The Witness produced it.</i></div>
+ </div>
+</div>
+
+<p class='c001'><span class='sc'>Mr. Bicknell.</span>—“Did you prepare this drawing, and from
+what documents, authorities, and observations; and are the
+several matters delineated therein accurately delineated, to the
+best of your knowledge and belief?”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“I prepared that <em>drawing</em> (Chart C),
+partly from the knowledge I gained in sounding to the southward
+of the Palles Shoal, and the anchorage of the Isle of
+Aix.<a id='r23'></a><a href='#f23' class='c016'><sup>[23]</sup></a> <em>The outlines of the chart are taken from the Neptune
+François</em>, and the position of the enemy’s fleet from Mr.
+Edward Fairfax, and from the French captain of the <span lang="fr"><i>Ville de
+Varsovie</i></span>, and the British fleet from my own observation.”
+The distance between the sands was copied from a French
+MS. which will be produced, and that <em>I take it</em> is correct.</p>
+
+<p class='c001'><span class='sc'>Mr. Bicknell.</span>—“Are the matters and things therein accurately
+described?”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“They are.”</p>
+
+<p class='c001'><span class='sc'>President</span> (<i>inspecting Mr. Stokes’s chart</i>).—“There was
+a large chart you lent me?”</p>
+
+<p class='c001'><span class='pageno' id='Page_27'>27</span><span class='sc'>Mr. Stokes.</span>—“That is the chart I allude to. This chart
+I produce as containing the <em>various positions</em>.”</p>
+
+<p class='c001'><span class='sc'>Judge-Advocate</span> (<i>to the President</i>).—“<span class='sc'>This Chart is
+produced to save a great deal of trouble!!</span>” (<cite>Minutes</cite>,
+pp. 23, 24.)</p>
+
+</div>
+
+<p class='c001'>No doubt—the trouble of confirming the Commander-in-chief’s
+neglect of duty in not following up a
+manifest advantage, as would have been shown had
+the court allowed the <em>Neptune François itself</em> to have
+been put, in evidence; for it would have shown a
+clear passage of <em>two miles</em> wide, extending beyond
+reach of shot, instead of the <em>one mile</em> passage in Mr.
+Stokes’s “<em>accurate outlines</em>” of the French chart, and
+no shoal where he had marked only twelve feet of
+water!<a id='r24'></a><a href='#f24' class='c016'><sup>[24]</sup></a> That the president should have allowed this
+to pass, after having himself detected the imposition
+practised on the court, is a point upon which I will
+not comment.</p>
+
+<p class='c001'>Mr. Stokes further admitted his chart to be valueless,
+as regarded the position of the enemy’s fleet ashore, for
+he said that position was taken “<em>from Mr. Edward
+Fairfax and the captain of the <span lang="fr">Ville de Varsovie</span></em>”, and
+the British fleet <em>from “his own observations.</em>” That
+is, he confessed to know nothing but from hearsay as to
+the position of <em>the enemy’s fleet</em>, the important object
+before the court; but only of the position <em>of the British
+fleet</em>, lying at anchor nine miles from the enemy’s fleet
+ashore, a matter with which the court had nothing to do;
+he being all the time on board the flagship, at that
+distance. Yet the court insisted on this chart being <em>exclusively</em>
+<span class='pageno' id='Page_28'>28</span>referred to throughout the court-martial!<a id='r25'></a><a href='#f25' class='c016'><sup>[25]</sup></a> It
+is strange that such a chart should have been used at
+all, when the charts of the fleet were available, but
+more strange that, when the court saw the two miles
+passage in the French chart was reduced to little more
+than <em>one mile</em> in Mr. Stokes’s chart, he was not even
+asked the reason why he had not conformed to the scale
+of the French chart, <em>to the correctness of the outlines of
+which he had sworn</em>!</p>
+
+<p class='c001'>But the most glaring contradiction of Mr. Stokes’s
+chart is this: he swore to his chart as truly depicting the
+positions of the <i>Ocean</i> and other grounded ships, as they
+lay <em>on the morning of the 12th of April, which was the
+point before the Court</em>; but being further questioned,
+reluctantly admitted that he had marked the <em>Ocean
+<span class='pageno' id='Page_29'>29</span>as she lay on the 13th of April</em>, viz. <em>on the following
+day when an attack was made on her by the bomb
+vessel!</em> though he had just sworn to the positions of
+the ships on the chart as being those <em>on the morning of
+the 12th</em>, immediately after having run ashore to escape
+destruction.</p>
+
+<p class='c001'>The fact was, as will be seen on inspection of the
+chart, that <em>not one</em> of the ships under the cognizance of
+the court is marked on Stokes’s chart as they lay on the
+morning of the 12th, which position, and not that on
+the 13th, was the subject of inquiry. Though as already
+said this misrepresentation was detected by the President,
+the court nevertheless persisted in the exclusive
+use of Mr. Stokes’s chart throughout the trial, in accordance
+with the suggestion of the Judge-Advocate,
+that it was produced to “<em>save a great deal of trouble</em>.”</p>
+
+<p class='c001'>The President thus commented on the manifest contradiction.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>President.</span>—“I observe in the chart I had from you the
+situation of the <i>Ocean</i> particularly is <em>not marked on the
+12th. She is marked on the 13th as advanced up the
+Charente!</em>”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“The <em>only ships</em> marked on the chart <em>on
+the 12th are those that were destroyed</em>. The reason I marked
+her on the 13th is, that a particular attack was made on her
+by the bombs. <em>I observed her from the mizentop of the
+Caledonia</em><a id='r26'></a><a href='#f26' class='c016'><sup>[26]</sup></a>, and I <em>also had an observation from an officer</em>,
+so that I have no doubt her position is put down within a
+cable’s length.” (<cite>Minutes</cite> p. 147.)</p>
+
+</div>
+
+<p class='c001'>There is something in this evidence almost too repugnant
+<span class='pageno' id='Page_30'>30</span>for observation. Mr. Stokes first swore that
+his chart accurately described the positions of the
+enemy’s ships ashore on the <em>morning of the 12th</em>. He
+then admitted that the most material ship of the enemy’s
+fleet was marked as she lay <em>on the 13th</em>!! On this mis-statement
+being detected by the president, he then
+swore that the only ships marked on the 12th were <em>those
+which were destroyed</em>, viz. <em>on the evening and night of
+the 12th!</em>—a matter foreign to the subject of inquiry;
+which was <em>how the ships lay on the morning of the 12th,
+and whether Lord Gambier was to blame for refraining
+from attacking them at that particular time</em>? So that
+the positions of the enemy’s ships aground on the
+morning of the 12th, according to Mr. Stokes’s own
+admission, <em>were not marked on his chart at all!</em> though
+he had sworn to this very chart <em>as giving those positions
+accurately to the best of his knowledge and belief</em>; and
+with the full knowledge that their position on the
+<em>morning</em> of the 12th, when they were helplessly aground,
+was the point before the court,—not their position
+<em>in the evening</em>, and on the following day after their
+escape to a spot where the British ships could not have
+pursued them.</p>
+
+<p class='c001'>The fact is, Mr. Stokes swore to their positions <em>after
+their being warped off in consequence of the British fleet
+being prematurely brought to an anchor</em>—as being their
+positions <em>previous to their escape!</em> which was the
+matter of inquiry before the court, viz. as to whether
+the Commander-in-chief had not committed a neglect
+of duty in permitting them to escape <em>by the
+rising tide</em>, when and before when the British force
+<em>could have operated with every advantage in its favour</em>.
+<span class='pageno' id='Page_31'>31</span>The court had nothing whatever to inquire about
+with regard to the ships which were <em>destroyed</em>, respecting
+which there could be no question; the subject
+of inquiry being whether the escape of the <em>other</em>
+ships run ashore from terror of the explosion vessels on
+the night of the 11th, and <em>still ashore</em> on the morning
+of the 12th, ought to have been prevented.</p>
+
+<p class='c001'>Not so much as one of the ships marked on Mr.
+Stokes’s chart formed part of the “group” to which
+he had sworn, in his oral evidence, as lying on the
+“western and northernmost edge of the Palles Shoal,
+<em>nearest the deep <a id='corr31.12'></a><span class='htmlonly'><ins class='correction' title='water'>water</ins></span><span class='epubonly'><a href='#c_31.12'><ins class='correction' title='water'>water</ins></a></span></em>, all of which escaped towards
+the Charente, where he truly enough placed the <i>Ocean</i>
+three-decker, but as she lay on the 13th instead of
+the 12th, he having sworn to the truth of his chart
+as showing her position on the morning of the 12th!
+It was a desperate venture, and can only be accounted
+for by the supposition that, in reality, Mr. Stokes had
+never seen the chart to which he was swearing. It
+was no wonder, as proved in the first chapter, that
+Mr. Stokes applied to the Admiralty for permission to
+<em>alter his chart</em> before producing it in a court of law,
+where it must have fallen under my inspection!</p>
+
+<p class='c001'>I will indeed so far exonerate Mr. Stokes from a
+portion of blame, by declaring my belief that he never
+had looked at the chart to which he had sworn. There
+is little question in my mind but that this chart had
+been fabricated under the auspices of Mr. Lavie, Lord
+Gambier’s solicitor, the only hope of success consisting
+in affirming a false position for the grounded ships;
+the chart being then given to Stokes for paternity.
+Had it been otherwise, Stokes could not possibly have
+<span class='pageno' id='Page_32'>32</span>sworn to a chart in diametrical opposition to his oral
+evidence, which truly stated that on the morning of
+the 12th, the <i>Ocean</i> and group lay on “<em>the north-west
+edge of the Palles shoal, nearest the deep water</em>,” where
+they were easily attackable. On his chart they were
+placed on the <em>opposite side of the shoal!</em> where no ship
+could have got near them.</p>
+
+<p class='c001'>Lord Gambier no doubt saw the mistake committed
+by the evidence of his Master, and adroitly relieved
+him from the dilemma, by putting a question of a
+totally different nature. With this course the court
+complacently complied, notwithstanding that the president
+had detected a discrepancy so glaring.</p>
+
+<p class='c001'>Another material point on Mr. Stokes’s chart was his
+marking <em>a shoal</em> between the Boyart and the Palles
+Sands, where Capt. Broughton and others present in the
+action, who <em>actually sounded there</em>, testify in corroboration
+of the French chart to there being <em>no shoal whatever</em>.<a id='r27'></a><a href='#f27' class='c016'><sup>[27]</sup></a>
+Yet Mr. Stokes marks only from twelve to
+sixteen feet, in the deepest part. That this statement
+was a misrepresentation on the part of Mr. Stokes, is
+proved by Lord Gambier himself, who, in his defence,
+says that “Mr. Stokes found on this bar or bank from
+<em>fourteen to nineteen <a id='corr32.24'></a><span class='htmlonly'><ins class='correction' title='feet'>feet”</ins></span><span class='epubonly'><a href='#c_32.24'><ins class='correction' title='feet'>feet”</ins></a></span></em> (<cite>Minutes</cite>, p. 134). When closely
+questioned on the point, Mr. Stokes deposed to these
+soundings as “<em>having been reported to him to have been
+found</em>”! (<cite>Minutes</cite>, p. 150.) The <span lang="fr"><i>Neptune François</i></span>
+gives from twenty to thirty feet at low water, which
+was no doubt correct.</p>
+
+<p class='c001'>But even had there been only nineteen feet of water
+Mr. Stokes again forgot his chart when he gave <em>oral</em>
+<span class='pageno' id='Page_33'>33</span>evidence that “the rise of tide in Aix Roads is <em>twenty-one</em>
+feet, which is more than we ever found in Basque Roads”
+(<cite>Minutes</cite>, p. 150). I had put the rise of tide at
+<em>twelve feet</em> only, so that by the oral evidence of Mr.
+Stokes there was abundance of water for the British
+force to have operated with full effect.</p>
+
+<p class='c001'>A still further falsification of the chart was, that it
+reduced the channel by which the British fleet must
+have passed to the attack to little more than <em>a mile</em> in
+width, in defiance of the fact that on all the official
+French charts the minimum distance between the
+Boyart Sand and the fortifications on Ile d’Aix was
+nearly <em>two miles</em>, and that Admiral Stopford, the
+second admiral in command, confirmed the correctness
+of the French charts so far as to admit a width of <em>a
+mile and a half</em>. The object of Mr. Stokes’s statement
+was to prove the danger to which, in a channel <em>only a
+mile wide</em>, the British ships would have been exposed
+from the batteries on Ile d’Aix had they been
+sent to the attack. To this end was the chart no doubt
+produced, and as narrowing the channel to a mile only—to
+meet the occasion—gave a colour to this view,
+his chart was accepted by the court, whilst the French
+charts which <em>marked two miles</em>, were rejected.</p>
+
+<p class='c001'>A yet more flagrant contradiction is—that within
+pistol shot of the <em>western</em> and <em>north-western</em> edge of the
+Palles Shoal, where Mr. Stokes first truly swore “the
+<i>Ocean</i> three-decker and a group of four lay <em>aground</em> on
+the morning of the 12th,” he has placed <em>the attacking
+British ships</em>, where their logs show that they never
+touched the ground, notwithstanding that they took up
+<span class='pageno' id='Page_34'>34</span>their positions on a <em>falling tide</em>. If they could float
+in safety much more could other ships have done so at
+11 <span class='sc'><a id='corr34.3'></a><span class='htmlonly'><ins class='correction' title='a.m.'>a.m</ins></span><span class='epubonly'><a href='#c_34.3'><ins class='correction' title='a.m.'>a.m</ins></a></span></span> on <em>a rising tide?</em> How such a manifest discrepancy
+could have passed without comment from
+any member of the court-martial, is a point which is
+not in my power to explain.</p>
+
+<p class='c001'>Such are some of the leading features of this famous
+chart, upon which the acquittal of Lord Gambier was
+made to rest, though the chart was admittedly constructed—not
+from personal observation, otherwise than
+from the mizentop of the <i>Caledonia</i>, nine miles off—but
+from unofficial sources—from an anonymous manuscript,
+and <em>even from hearsay</em>!</p>
+
+<p class='c001'>Yet Lord Gambier did not scruple to introduce this
+chart for the guidance of the court, in the following
+terms:</p>
+
+<div class='quote'>
+
+<p class='c001'>“I have to call the attention of the Court to the plan
+drawn by Lord Cochrane of the position of the enemy’s ships
+as they <em>lay aground on the morning of the 12th of April</em>,
+and to that position marked upon the chart verified by Mr.
+Stokes; the former laid down from uncertain data, the latter
+<em>from angles measured and other observations made on the
+spot</em><a id='r28'></a><a href='#f28' class='c016'><sup>[28]</sup></a>; the difference between the two is too apparent to
+escape the notice of the Court, and the respective merits of
+these charts will not, I think, admit of a comparison.”
+(<cite>Minutes</cite>, p. 133.)</p>
+
+</div>
+
+<p class='c001'>This statement was made by Lord Gambier in face
+of the admission previously made by Mr. Stokes,
+that his observations were taken from the mizentop of
+the <i>Caledonia</i>, three leagues off—that he had never
+<span class='pageno' id='Page_35'>35</span>sounded in Aix Roads—that the soundings were only
+reported to him, the name of the reporter being
+omitted—and that he had only marked upon his
+chart, “<em>the ships that were destroyed</em>” on the evening
+and during the night of the 12th, the destruction, in
+fact, not being complete till the morning of the 13th.</p>
+
+<p class='c001'>This contradiction is so important to a right comprehension
+of what follows, that I will, at the risk of
+prolixity, bring into one focus Mr. Stokes’s admissions
+as to his <em>data</em> for the construction of his chart.</p>
+
+<div class='quote'>
+
+<p class='c001'>“I prepared that drawing partly from the knowledge I
+gained <em>in sounding</em> to the southward of the Palles Shoal.
+The outlines of the chart are taken from the <span lang="fr"><i>Neptune François</i></span>
+(narrowed from two miles to one!). The positions of
+the enemy’s fleet are from Mr. Fairfax and the captain of the
+<span lang="fr"><i>Ville de Varsovie</i></span>. For the distance between the sands I
+must refer the court to a chart <em>which I copied from a French
+manuscript</em>!” (<cite>Minutes</cite>, pp. 23, 24.)</p>
+
+</div>
+
+<p class='c001'>For this confused jumble from unauthoritative
+sources, the French charts were rejected as not being
+trustworthy, and Lord Gambier did not hesitate to
+endorse Mr. Stokes’s fabrication as being “from angles
+measured and other observations taken on the spot;”
+whilst by this act he decried the use of the French
+charts by which his own fleet had been guided!</p>
+
+<p class='c001'>Comment, whether on Lord Gambier’s statement or
+on Mr. Stokes’s involuntary contradiction thereof in
+his oral evidence, is superfluous. If such were
+wanted, it must be sought for in the fact already
+adduced in the first chapter, viz. that, in 1817 and
+1818, Mr. Stokes, when conscious that his fabrication
+must become public, and that it might fall into my
+<span class='pageno' id='Page_36'>36</span>hands, thought it prudent to make affidavit before the
+Court of Admiralty that this chart, produced at the
+court-martial nine years before, <em>was incorrect</em>, and
+<em>therefore required alteration!!</em> for which purpose the
+Admiralty gave him back his chart, though this,
+as already observed, remains to this day bound up
+amongst the Admiralty records. The affidavits of Mr.
+Stokes will be in the remembrance of the reader.</p>
+
+<p class='c001'>In a national point of view, Mr. Stokes’s chart has
+another and even more important feature. A comparison
+between the French chart and that produced by
+Mr. Stokes will show that the latter narrowed the
+entrance to Aix Roads—which on the French charts
+is two miles wide—to one mile, and that it filled a
+space with shoals where scarcely a shoal existed. Of
+the imaginativeness of Mr. Stokes in this respect, the
+French Government appears to have taken a very justifiable
+naval advantage, calculated to deter any British
+admiral in future from undertaking in Aix Roads
+offensive operations of any kind.</p>
+
+<p class='c001'>A chart of the Aix Roads based on a modern French
+chart has recently been shown me, as on the point of
+being issued by the Board of Admiralty, on which
+chart the main channel between Ile d’Aix and the
+Boyart sand is laid down according to charts copied
+from fabricated charts produced on Lord Gambier’s
+court-martial, and not according to the hydrographic
+charts of the <span lang="fr"><i>Neptune François</i></span>. The comparatively
+clear anchorage shown in the new chart is also filled
+with Mr. Stokes’s imaginary shoals! the result being
+that no British admiral, if guided by the new chart,
+<span class='pageno' id='Page_37'>37</span>would trust his ships in Aix Roads <em>at all</em>, though both
+under Admiral Knowles and at the attack in 1809
+British ships found no difficulty whatever from want
+of water, or other causes, when once ordered in.</p>
+
+<div class='plate'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>CHART D.</div>
+ <div><span class='small'>Constructed by M<sup>r</sup> Fairfax and produced for the guidance of the Court Martial. Like Stokes’s Chart, it narrows the channel to Aix Roads from <em>two miles</em> to <em>one mile</em> though also like him professing to be an exact outline of the French Official Chart.]</span></div>
+ </div>
+</div>
+
+<div id='chartD' class='figcenter id003'>
+<a href='images/i_036fp_large.jpg'><img src='images/i_036fp.jpg' alt='' class='ig001'></a>
+<div class='ic003'>
+<p><span class='small'>London Richard Bentley, 1860</span></p>
+</div>
+</div>
+
+</div>
+
+<p class='c001'>The solution of the matter is not difficult. For
+the purpose of deterring a future British fleet from
+entering Aix Roads, the modern French Government
+appears to have followed the chart of Mr. Stokes in
+place of their former official chart; and the British
+Admiralty, having no opportunity of surveying the
+anchorage in question, has copied this modern French
+chart; so that in future the fabrications of Mr. Stokes
+or rather I should say, the ingenuity of Lord Gambier’s
+solicitor, or whoever may have palmed the chart on
+Mr. Stokes, will form the best possible security to one
+of the most exposed anchorages on the Atlantic coast
+of France. Assuredly no British Admiral, with the
+new chart in his hands,—should such be issued—would
+for a moment think of operating in such an anchorage
+as is there laid down, notwithstanding that former
+British fleets have operated in perfect safety so far as
+soundings were concerned.</p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><span class='sc'><a href='#chartD'>Chart D</a></span></div>
+ </div>
+</div>
+
+<p class='c023'>was constructed by Mr. Fairfax, the Master of the
+Fleet, and was used by the Court as confirmatory
+of Mr. Stokes’s chart, agreeing with it, in fact, on
+nearly every point; a circumstance not at all extraordinary,
+as in his examination Mr. Stokes first
+says that “his <em>marks</em> arose from the knowledge he
+gained in sounding in the anchorage of Aix” (<cite>Minutes</cite>,
+<span class='pageno' id='Page_38'>38</span>p. 23), whilst Mr. Fairfax swore that he “<span class='sc'>gave Mr.
+Stokes the marks</span>.”!!<a id='r29'></a><a href='#f29' class='c016'><sup>[29]</sup></a> A fact subsequently proved by
+Mr. Stokes, who admitted that he had “<em>never sounded
+there at <a id='corr38.4'></a><span class='htmlonly'><ins class='correction' title='all'>all.</ins></span><span class='epubonly'><a href='#c_38.4'><ins class='correction' title='all'>all.</ins></a></span></em>” The credibility of either witness may
+be left to the reader’s judgment.</p>
+
+<p class='c001'>In one respect, the chart of Mr. Fairfax might have
+been considered by those interested to be an improvement
+on that of Mr. Stokes. The latter gentleman had
+narrowed the <em>two mile</em> channel of the French charts to
+a <em>little more than a mile</em>, but the chart of Mr. Fairfax
+reduces it to <em>a mile</em> only!</p>
+
+<p class='c001'>Mr. Fairfax’s chart was introduced to the Court
+with the same flourish as had been that of Mr. Stokes.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“This chart shows the state of the enemy’s
+ships at daylight on the 12th of April. <em>This chart is correct</em>,
+except that the head of the <i>Calcutta</i> is placed by the engraver
+<em>too far to the southward</em>. It should have been about
+N.W. by compass, and the head of the three decker <i>Ocean</i>
+is to the eastward, but <em>not sufficiently far to the northward
+by compass</em>.”</p>
+
+</div>
+
+<p class='c001'>Not much correctness here, but abundance of misrepresentation.
+Mr. Fairfax is very particular about
+the positions of the <em>heads</em> of the grounded ships, but,
+like Mr. Stokes, not at all particular to a league or
+two as to where they lay aground. For instance, he
+is very sensitive about the position of the <i>Ocean’s</i> head,
+yet the <i>Ocean</i> herself is <em>not to be found on his chart</em>!!
+<span class='pageno' id='Page_39'>39</span>though the names of other enemy’s ships aground, not
+far from where she had lain before her escape, are
+given, to mark the care with which the chart had
+been constructed!</p>
+
+<p class='c001'>I will not in this place make any further observations
+upon Mr. Fairfax’s chart, this being identical with
+that of Mr. Stokes. The exposure of the one in the
+next chapter will serve for the confutation of the other.
+The reader will, from what has been stated, be able
+to form a pretty correct idea as to why—in, and
+subsequently to 1809—inspection of these charts was
+refused to me. At that period it was in vain that
+I published explanations, which, without access to
+the charts, were incomprehensible to the public; my
+unsupported declarations, as has been said, falling to the
+ground unheeded, even if they were not the cause of
+attributing to me malicious motives towards the commander-in-chief,
+after his acquittal by sentence of a
+court-martial. But for the consideration of his Grace
+the Duke of Somerset a stigma must have followed me
+to the grave. It is now otherwise, and I am content to
+leave the matter to the judgment of posterity. I must,
+however, remark, that neither the charts of Mr. Stokes
+or Mr. Fairfax were shown to me on the court-martial,
+though shown to nearly every other witness, one—Capt.
+Beresford—being told that he “<em>must</em>” base his
+observations on those charts. Had they been shown to
+me, I should in an instant have detected their fallacy.</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_40'>40</span>
+ <h2 class='c006'>CHAP. XXVI.<br> <br> <span class='fss'>A NAVAL STUDY</span>—(continued).</h2>
+</div>
+
+<p class='c014'>THE EVIDENCE OF OFFICERS PRESENT IN BASQUE ROADS.—ADMIRAL
+AUSTEN’S OPINIONS CONFIRMATORY OF MY STATEMENTS—FALLACY OF
+ALLEGED REWARDS TO MYSELF, IN PLACE OF THESE PERSECUTIONS.—TREATMENT
+OF MY ELDEST SON LORD COCHRANE.—LETTER FROM CAPT.
+HUTCHINSON COMFIRMATORY OF THE ENEMY’S PANIC.—A MIDSHIPMAN
+NEAR TAKING THE FLAG-SHIP.—EVIDENCE OF CAPT. SEYMOUR, CONCLUSIVE
+AS TO NEGLECT, WHICH WAS THE MATTER TO BE INQUIRED
+INTO, IN NOT SENDING SHIPS TO ATTACK.—ATTEMPT TO WEATHER
+HIS EVIDENCE.—CAPT. MALCOLM’S EVIDENCE CONFIRMATORY OF CAPT.
+SEYMOUR’S.—CAPT. BROUGHTON’S TESTIMONY PROVES THE COMPLETE
+PANIC OF THE ENEMY, AND THE WORTHLESSNESS OF THEIR FORTIFICATIONS.—LORD
+GAMBIER DECLARES THEM EFFICIENT ON SUPPOSITION
+ARISING FROM HEARSAY.—ENEMY UNABLE TO FIGHT THEIR GUNS.—THE
+IMAGINARY SHOAL.—A GREAT POINT MADE OF IT.—MR. FAIRFAX’S
+MAP—LORD GAMBIER ON THE EXPLOSION VESSELS.—CONTRADICTED
+BY MR. FAIRFAX.—CONTRAST OF THEIR RESPECTIVE STATEMENTS.—FAIRFAX’S
+EVASIONS.—HIS LETTER TO THE “NAVAL
+CHRONICLE.”—THESE MATTERS A WARNING TO THE SERVICE.</p>
+
+<p class='c022'>The matters related in the preceding chapter will
+appear yet more extraordinary when contrasted with,
+and confirmed by, the evidence of eminent officers
+present in the action of Aix Roads; that is, of such
+officers commanding ships as were permitted to give
+their testimony, for those who were suspected of
+not approving the Commander-in-chief’s conduct, <em>were
+not summoned to give evidence before the court-martial</em>!
+In one instance—that of Captain Maitland, of the
+<i>Bellerophon</i>, whose opinions on the subject had been
+freely expressed—this gallant officer was ordered to
+<span class='pageno' id='Page_41'>41</span>join the squadron in Ireland, so as to render his testimony
+unavailable.</p>
+
+<p class='c001'>To a gallant officer still living, Admiral Sir Francis
+William Austen, K.C.B., who was present in Basque
+Roads, but, like other eminent officers, <em>not examined
+on the court-martial</em>, I am indebted for a recently-expressed
+opinion as to the causes why the majority
+of the enemy’s ships were suffered to escape beyond
+reach of attack, as well as of the persecution which
+I afterwards underwent, in consequence of my conscientious
+opposition to a vote of thanks to the Commander-in-chief.</p>
+
+<p class='c001'>The following is an extract from the gallant Admiral’s
+letter:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“I have lately been reading your book, the ‘Autobiography
+of a Seaman,’ and cannot resist the desire I feel of stating
+how much pleasure I derived from its perusal, especially of
+that part which has reference to the movements of the fleet
+in the Mediterranean from 1798 to 1800. Having been
+serving for the greater part of those years on that station,
+your narrative excited in my mind a vivid recollection of
+former times—as it were living that part of my life over
+again.</p>
+
+<p class='c001'>“With reference to the latter part of the volume which
+details the proceedings in the attack on the enemy’s squadron
+in the Charente, I wish to say as little as possible which may
+inculpate the conduct of the Commander-in-chief, to whom,
+as you probably know, I owe a debt of gratitude for his kindness
+to me.</p>
+
+<p class='c001'>“But at the same time I cannot but admit that he appears
+to me to have acted injudiciously. It would have been far
+better had he moved the squadron to a position just out of
+reach of the batteries on Isle d’Aix, when he would have
+been able to see the position of the enemy’s ships, and thus
+have decided for himself whether they could have been attacked
+<span class='pageno' id='Page_42'>42</span>without needless risk, and not have been compelled to
+form his determination entirely on the report of others.<a id='r30'></a><a href='#f30' class='c016'><sup>[30]</sup></a></p>
+
+<p class='c001'>“Had he done so, it seems probable that he would have
+seen things in a different point of view, and decided to send
+in a force sufficient to have captured or destroyed the whole.</p>
+
+<p class='c001'>“I must, in conscience, declare that I do not think you
+were properly supported, and that had you been so the result
+would have been very different. <em>Much of what occurred I
+attribute to Lord Gambier’s being influenced by persons
+about him who would have been ready to sacrifice the honour
+of their country to the gratification of personal dislike to
+yourself, and the annoyance they felt at a junior officer being
+employed in the service.</em><a id='r31'></a><a href='#f31' class='c016'><sup>[31]</sup></a></p>
+
+<p class='c001'>“I will only add that I consider your services in the <i>Speedy</i>,
+<i>Pallas</i>, and <span lang="fr"><i>Impérieuse</i></span> will entitle you to the warmest thanks
+of your country, as well as to the highest honours which have
+been awarded for similar services. Instead of which, you
+have in numerous instances been persecuted in the most cruel
+and unrelenting manner.</p>
+
+<p class='c001'>“I desire to subscribe myself, with much respect and esteem,</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“My dear Lord Dundonald,</div>
+ <div class='line in8'>“Yours very faithfully,</div>
+ <div class='line in14'>“<span class='sc'>Francis W. Austen</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“Admiral the Earl of Dundonald.”</span></p>
+
+</div>
+
+<p class='c001'>If anything could alleviate the remembrance of the
+bitter persecutions originating with this one-sided court-martial,
+it is an unsolicited expression of opinion like
+that of the gallant Admiral Austen, whose name, for
+evident reasons, was <em>not</em> included in the list of those
+summoned to give testimony on that remarkable occasion.
+<span class='pageno' id='Page_43'>43</span>That other gallant officers still living entertain
+similar sentiments, I make no doubt, for the simple
+reasons that, as honourable men, it is impossible for
+them to entertain other opinions. What would have
+been the result of the court-martial had such testimony
+as that of Admiral Austen been permitted, may safely
+be left to public decision.</p>
+
+<p class='c001'>The gallant Admiral and the naval public at large
+will perhaps be surprised to learn that my persecutions
+have not ceased at this day. Despite my restoration to
+rank and honours, my banner has never been restored
+to its place in Henry the Seventh’s Chapel, the unjust
+fine inflicted on me in 1814 has never been remitted,
+nor other rights withheld during my forced expulsion
+from the Navy conceded; the excuse being want of
+precedent, though with that of the gallant Sir Robert
+Wilson fresh in the archives of the nation.<a id='r32'></a><a href='#f32' class='c016'><sup>[32]</sup></a></p>
+
+<p class='c001'>A few words may here be devoted to a point intimately
+connected with this subject. In several reviews
+on the first volume of this work, the public has been
+told of the handsome rewards which have been bestowed
+for my services. The reader will perhaps be scarcely
+prepared to learn, in answer to such statements, that
+with the exception of the ordinary good service pension
+granted for general service in 1844, thirty-five years
+after the action in Aix Roads, I never in my life received
+a recompense from my country in any shape, the Order of
+the Bath alone excepted. For my services in the <i>Pallas</i>,
+<span class='pageno' id='Page_44'>44</span>that of destroying three heavily-armed French corvettes
+at the embouchure of the Garonne, and cutting out the
+<i>Tapageuse</i>—all performed in one day—not a shilling
+was awarded to myself, officers, and crew, though in
+the late war with Russia I have been told that the
+destruction of a Russian gunboat was scrupulously
+paid for. For my services on the coast of Catalonia
+in the <span lang="fr"><i>Impérieuse</i></span>, to which Lord Collingwood testified
+that, single-handed, I had stopped the advance of
+a French army, not a farthing was conceded, whilst
+the thanks of Lord Collingwood were the only expressions
+of the kind ever awarded for what English
+historians have eulogised even more highly than did
+his Lordship.</p>
+
+<p class='c001'>For the partial destruction of the enemy’s fleet in
+Aix Roads not a farthing was given to myself, officers,
+or crew; but nine years afterwards, when told that
+I might take my share of head-money with the rest of
+the fleet, I replied by refusing both the offer and the
+money, on the ground that the ships only which took
+part in the action had a right to it.</p>
+
+<p class='c001'>The reader will pardon this brief digression, which
+has arisen from Admiral Austen’s allusions to the
+persecutions unworthily inflicted on me, and I have
+chosen the opportunity to set the public right on a
+subject which has been much misapprehended, to the
+detriment of myself and family. Neither directly nor
+indirectly have my services throughout my whole career
+ever cost the country a <em>penny</em> beyond the ordinary
+pay and the ordinary good service pension to which
+my rank entitled me; nor did any of my family ever
+receive a place under government, other than that to
+<span class='pageno' id='Page_45'>45</span>which they have risen in the ordinary course of naval
+promotion.<a id='r33'></a><a href='#f33' class='c016'><sup>[33]</sup></a> After this positive assurance on my part,
+I feel confident that the portion of the press which has
+expressed an opinion that “I had been amply rewarded
+for my services,” will do me the justice to acknowledge
+an unintentional error.</p>
+
+<p class='c001'>Since the receipt of Admiral Austen’s letter, I have
+been favoured with another, from Capt. Hutchinson, who,
+<span class='pageno' id='Page_46'>46</span>at the time of the action in Aix Roads, was a lieutenant
+in the <i>Valiant</i>, one of the two line-of-battle ships reluctantly
+sent to the assistance of the <span lang="fr"><i>Impérieuse</i></span>, when
+engaged single-handed with three of the enemy’s ships.
+Captain Hutchinson was, therefore, in action throughout
+the whole affair, but, like Admirals Austen and Maitland,
+<em>was not summoned to give evidence on the court-martial</em>.</p>
+
+<p class='c001'>Capt. Hutchinson’s letter, whether in point of fact or
+ability, deserves to be put on record as a proof that
+when naval officers have the opportunity of speaking
+their minds on any subject connected with their noble
+profession, there are few amongst them who will let
+self-interest outweigh the honour of the service. So
+complete is the information voluntarily given by Capt.
+Hutchinson, with whom I have not the pleasure of
+being even personally acquainted, that it might have
+saved me much of the lengthened critical explanation
+into which my sense of duty to the naval service, as
+well as to my own reputation, has compelled me to
+enter. As a further corroboration of my own proofs,
+written before the reception of Capt. Hutchinson’s letter,
+I can only tell that gallant officer how highly I appreciate
+it, and shall be surprised if the rest of my
+brother officers do not form the same judgment.</p>
+
+<div class='quote'>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'><span class='small'>Cumberland House, Chilham, Canterbury,</span></div>
+ <div class='line in9'><span class='small'>June 8th, 1860.</span></div>
+ </div>
+ </div>
+</div>
+
+<p class='c023'>“<span class='sc'>My Lord</span>,</p>
+
+<p class='c001'>“I have read, with very great interest, the first volume
+of your Autobiography, and if the second is not yet published,
+it is possible that what I have to communicate may be
+<span class='pageno' id='Page_47'>47</span>of some service in any further notice you may give of the
+attack upon the French fleet in Aix Roads. I would not
+otherwise have taken the liberty of writing merely to express
+the interest taken in your Memoirs, since I can only entertain
+<em>that</em> in common with every naval officer who has any true
+love for his profession, and of esteem for those who have so
+eminently adorned it by their gallantry and skill.</p>
+
+<p class='c001'>“I was fifth or junior lieutenant of the <i>Valiant</i>, on the
+mortifying occasion above mentioned, and can bear testimony
+<em>to the indignation which pervaded the whole fleet in witnessing
+the total want of enterprise, and even common sense
+of duty, which then permitted so many of the enemy’s ships
+to escape, when they were entirely at our mercy</em>.</p>
+
+<p class='c001'>“I have, however, to mention some circumstances which
+may throw light upon the mystified despatch of Lord Gambier,
+which certainly surprised all those who were present.
+In the first place, Lord Gambier can have given no <em>positive</em>
+orders to Capt. Bligh of the <i>Valiant</i> to <cite>attack</cite> the French
+ships which were aground at the time indicated in the despatch,
+for after we had anchored off the Boyart Shoal, Capt.
+Bligh, seeing you go in with the <span lang="fr"><i>Impérieuse</i></span> <em>unsupported</em>
+(after waiting some time, expecting to be <em>ordered</em> by the
+Commander-in-chief to assist you) went in his gig on board
+the <i>Caledonia</i> to <em>volunteer his services</em>. Lord Gambier
+expressed himself greatly obliged, but said some other ship
+must accompany, upon which Capt. Bligh selected the <i>Revenge</i>,
+from regard for Capt. Kerr, who had been acting for
+him in the <i>Valiant</i> some time before, when he had occasion
+to go on leave of absence for private affairs.</p>
+
+<p class='c001'>“We accordingly ran in, as your Lordship has detailed, and
+I have nothing to remark as to what followed but one circumstance,
+of which your Lordship does not appear to have been
+aware. No doubt you would have observed that on the
+evening of the 12th the crews of the <i>Ocean</i> and two other
+enemy’s line-of-battle ships near her, were evidently <em>flying
+from them in a panic, numerous boats from the shore assisting
+in conveying them from the ships</em>.</p>
+
+<p class='c001'><span class='pageno' id='Page_48'>48</span>“This was so apparent that our Captain, Bligh, went in his
+gig, with two other Captains, as soon as it was dark, to
+reconnoitre these ships, with a view to take possession of them
+with boats, if they were deserted.</p>
+
+<p class='c001'>“These Captains returned, however, reporting that they
+had found them surrounded by boats, &#38;c., and that, consequently,
+they could not be attacked. In the morning, however,
+no boats were near them, nor were any persons seen
+stirring on board them; and it was not till about ten o’clock,
+I think, that the crews, <em>finding that we had not taken possession,
+took courage, ventured to return on board their
+ships, and immediately began to warp them out of our
+reach</em>.</p>
+
+<p class='c001'>“Captain Bligh was a man of the firmest nerve I ever
+knew, and therefore I can only suppose that the boats he saw
+were still engaged carrying the crews on shore, though I
+believe it was at least ten o’clock at night when he went to
+reconnoitre, and I know we were greatly puzzled at the time
+to account for the presence of these boats. As a proof that
+these ships <em>were</em> totally deserted that night, I need only refer
+your Lordship to the account of Admiral Gravière, quoted by
+you, where he says, ‘<em>The panic was so great, that ships
+which had not even been attacked were abandoned by their
+crews</em>.’</p>
+
+<p class='c001'>“But, my Lord, we heard soon after this disgraceful affair,
+by means of some French vessel which had been boarded or
+taken, that such was the case. I do not now perfectly recollect
+<em>how</em> this information reached us, but we had no doubt of
+the fact at the time, it being only in accordance with our own
+observations and conjectures. I exceedingly regret that I
+did not make note of this at the time, but the belief in the
+fact of the crews having deserted those three ships was so
+general and undoubted, that it never occurred to me that it
+might be questioned.</p>
+
+<p class='c001'>“The report went further, and added one singular circumstance—that
+there was <em>one</em> man who <em>did</em> remain when all
+the remainder of the crews had quitted. This was a quarter-master
+<span class='pageno' id='Page_49'>49</span>on board the <i>Ocean</i>, who, indignant at the cowardly
+desertion of the ships, <em>hid himself</em>, when the crews were
+ordered to quit, and this was the salvation of that three-decker
+and the two other ships, in a very extraordinary way.
+A little midshipman belonging to one of our smaller vessels
+(I believe a brig) had been sent in a jolly-boat that night with
+a message to another ship, and having delivered it, instead of
+returning immediately to his own vessel, he proposed to his
+men to go and look at the French ships from which the crews
+had been seen to fly. His men of course were willing, and
+they approached cautiously <em>very near</em> to the three-decker (the
+night was very dark) before they could observe any stir on
+board or around her. They were then suddenly hailed by the
+quarter-master before mentioned with a loud <span lang="fr">“Qui vive!”</span>
+Of course the poor little midshipman took it for granted that
+the ship was occupied by more than that one man, and he hastily
+retreated, glad to escape capture himself; but had he known
+the truth, <em>that little midshipman, with his jolly-boat and
+four men, might have taken possession of a three-decker and
+two seventy-fours</em>!</p>
+
+<p class='c001'>“This seems more like a story of romance than an actual
+occurrence, and I greatly regret that I did not then make
+note of every name and circumstance, which at this distance
+of time I cannot call to mind, but I have never entertained
+any doubts as to the facts here detailed, and I have always
+mentioned them in speaking of that most unsatisfactory
+affair of Basque Roads. Admiral Gravière’s account is a
+positive confirmation of what we observed and fully believed
+as to the abandonment of the ships, and I only wonder that
+he should not have mentioned the noble conduct of the
+quarter-master.</p>
+
+<p class='c001'>“Admiral Gravière, however, would probably not have
+heard of the approach of the boat, and the quarter-master
+himself would not perhaps have reflected upon the possible
+danger the ships were in from the approach of only <em>one little
+boat</em>; yet if he had not been there to hail that boat, it is
+more than probable that the little midshipman would have
+<span class='pageno' id='Page_50'>50</span>continued cautiously to approach, till he discovered that the
+ships were entirely deserted, and he would either have
+ventured to take possession himself, or would certainly have
+returned to report the circumstance, and a proper force would
+have been despatched to take advantage of the abandonment,
+if it had been found to be as he reported.</p>
+
+<p class='c001'>“It was the supposed abandonment of the ships, indeed,
+which induced him to approach them at all, and it was this
+also which induced Capt. Bligh to reconnoitre. These, my
+Lord, are the only circumstances I had to communicate, and
+no doubt they will be in some degree interesting, though not
+wholly satisfactory, from my inability to establish the perfect
+correctness and truth of them. I <em>have</em> not, and never <em>had</em>,
+any doubt myself, though I am by no means inclined to believe
+cock-and-bull stories. Of one thing I am very certain, that
+there was a universal conviction, that, but for the ingenious ruse
+adopted by your lordship of <em>running in singly with the Impérieuse,
+and then making a signal of distress, or rather of
+want of assistance, nothing whatever would have been
+effected against the French fleet</em>.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I remain, my Lord,</div>
+ <div class='line in7'>“Your very obedient servant,</div>
+ <div class='line in15'>“<span class='sc'>Chas. Hutchinson</span>, Capt. R.N.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“The Right Honble. the Earl of Dundonald.”</span></p>
+
+</div>
+
+<p class='c001'>To return to the testimony of eminent officers at the
+court-martial, by which evidence Admiral Austen and
+Captain Hutchinson will be pleased to find their disinterested
+opinions corroborated.</p>
+
+<p class='c001'>The first evidence adduced shall be that of another
+distinguished officer, also still living, viz. Admiral Sir
+George Francis Seymour, K.C.B., G.C.H., who commanded
+the <i>Pallas</i> frigate at the action in Aix Roads,
+and remained by me when the line-of-battle ships left
+the roads on the morning of the 13th of April.<a id='r34'></a><a href='#f34' class='c016'><sup>[34]</sup></a></p>
+
+<p class='c001'>An attempt was made to stop the evidence of Captain
+Seymour nearly at its commencement, by Lord Gambier
+remarking that he had “<em>no further questions to propose
+to Captain Seymour</em>;” who however promptly asked
+whether he was not “bound by his oath to relate <em>every
+circumstance</em> within his knowledge, respecting the
+proceedings of the fleet.” (<cite>Minutes</cite>, p. 190.)</p>
+
+<p class='c001'>To this pertinent query the President replied; “If
+the questions that <em>are asked you</em> should not seem to
+embrace all the circumstances <em>to which it refers</em>, you are
+still bound to relate them.” (<cite>Minutes</cite>, p. 190.)</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Capt. Seymour.</span>—“From what period am I to give my
+answer?”</p>
+
+<p class='c001'><i>President.</i>—“From the time of your being <em>sent in to
+attack the enemy</em>, and your having remained there.”</p>
+
+<p class='c001'><span class='sc'>Capt. Seymour.</span>—“<em>Without going back to the 11th?</em>”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“No! <em>I take it from your going in on
+the 12th.</em>” (<cite>Minutes</cite>, p. 193.)</p>
+
+</div>
+
+<p class='c001'>The President thus authoritatively stopped Captain
+Seymour from saying a single word relative to the
+neglect of the Commander-in-chief in not having sent
+ships to the attack before the <i>Ocean</i> and group floated
+away, as the <i>Pallas</i> and the other vessels were withheld
+until the <em>afternoon of the 12th</em>. This, however,
+did not prevent Captain Seymour from taking the
+course which he had evidently proposed to himself.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Capt. Seymour.</span>—“I think the ships <em>might</em> have floated in
+sooner; that they might have come in on the last half of the
+flood-tide.”<a id='r35'></a><a href='#f35' class='c016'><sup>[35]</sup></a></p>
+
+<p class='c001'><span class='pageno' id='Page_52'>52</span><span class='sc'>President.</span>—“How much sooner would that have been
+than the time they actually did go in?”</p>
+
+<p class='c001'><span class='sc'>Capt. Seymour.</span>—“At eleven o’clock.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“What time did the line-of-battle ships go
+in?”</p>
+
+<p class='c001'><span class='sc'>Capt. Seymour.</span>—“Within a short time after two o’clock.”
+(<cite>Minutes</cite>, p. 193.)</p>
+
+</div>
+
+<p class='c001'>These three hours made all the difference in the
+result of the action, and were in fact the point of inquiry
+before the court. At eleven o’clock the whole fleet
+came to an anchor in Little Basque Roads, instead of detaching
+a force to attack the enemy, as Captain Seymour
+testifies they <em>might</em> have done. The French ships were
+at that time helplessly aground. Seeing the British
+fleet come to an anchor, the enemy took heart, and
+strained every nerve to warp off, in which, being unmolested,
+they succeeded—by throwing their guns
+and stores overboard—and soon after <em>one o’clock</em> had
+<em>effected their escape</em>.</p>
+
+<p class='c001'>At <em>two o’clock</em>—seeing me go in with the <span lang="fr"><i>Impérieuse</i></span>,
+in order to prevent the other ships from escaping also,
+and rightly appreciating the risk I was running single-handed,
+the Commander-in-chief then, but not till then,
+reluctantly sent in two line-of-battle ships and some
+frigates, and this only after repeated signals—the final
+one necessarily being <em>in want of assistance</em>. So that
+<em>no attack</em> was made on the enemy’s ships till <em>after</em> the
+escape of the <i>Ocean</i>, and all those nearest the deep
+water, though these were most easily attackable; nor
+would any attack have been made <em>at all</em>, but for my
+last signal. Had Admiral Seymour been permitted to
+speak to this point, his evidence would have been most
+<span class='pageno' id='Page_53'>53</span>conclusive, as the President must have seen when he
+ordered the witness to speak only as to what occurred
+<em>after</em> he was sent in; that is, after the French ships
+had escaped, which was the subject of inquiry, about
+which Admiral Seymour was thus ordered to say
+nothing!</p>
+
+<p class='c001'>This forms, in fact, the history of the whole affair;
+three French ships only being attacked in the afternoon,
+after all the outermost had been quietly permitted
+to heave off and escape during the morning, and with
+a rising tide in favour of the British force. Captain
+Seymour’s highly honourable pertinacity in giving the
+above important opinion as to what was clearly the
+duty of the Commander-in-chief at <em>eleven o’clock</em>, after
+he had been cautioned by the President not to speak
+of anything which occurred previous to <em>two o’clock</em>,
+when the <i>Pallas</i> was sent in, will be regarded—as it
+deserves to be regarded—in the light of truth and
+honour holding itself superior to power. For the sake
+of the service no less than for that of Admiral Seymour,
+I am proud to record this instance in which self-interest
+weighed nothing in comparison with the interest
+of the country, and the service which Captain Seymour
+evidently considered to be at stake.</p>
+
+<p class='c001'>This reply of Captain Seymour took the Court by
+surprise, as opening the very point sought to be
+avoided. This led to the subjoined angry remonstrance
+from Admiral Young.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Admiral Young.</span>—“The general question is not meant to
+subject the general conduct of the Commander-in-chief to
+the opinions of all the officers serving under his command.
+<span class='pageno' id='Page_54'>54</span>If you think the two ships (<i>Revenge</i> and <i>Valiant</i>) not going
+in so early as you think they might have floated to be an
+instance of neglect, it is your duty to state it, that we may
+<em>inquire into it</em>, and hear <em>any other evidence</em> upon it.”</p>
+
+</div>
+
+<p class='c001'>The tendency and peculiarity of this remark to
+Captain Seymour, is worthy of note. It more than
+insinuates that he was incapable of forming a correct
+judgment, and plainly tells him that his evidence will
+go for nothing, but “<em>to hear any other evidence</em>” upon
+it. A perusal of the minutes of the court-martial will
+show the meaning of this expression, viz. that when
+any officer in command spoke his mind on the subject,
+the next witness was a master or other inferior officer
+<em>to contradict his evidence</em>. For this purpose masters
+and others were recalled over and over again—which
+is one of the most curious features of the court-martial.</p>
+
+<p class='c001'>Captain Seymour had said nothing about the <em>two ships</em>,
+but that <em>the ships</em>—meaning the British line-of-battle
+ships—might have gone in to the attack at <em>eleven
+o’clock</em>, and thus replied to the insinuation.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Capt. Seymour.</span>—“I have already stated that I cannot say
+it was misconduct. <span class='sc'>I state the fact and leave the court
+to judge.</span>”</p>
+
+<p class='c001'><span class='sc'>Admiral Young.</span>—“You state an opinion that <em>the fleet</em>
+would have floated in at eleven o’clock.”</p>
+
+<p class='c001'><span class='sc'>Capt. Seymour.</span>—“Yes, <span class='fss'>THAT THERE WAS WATER ENOUGH</span>.”</p>
+
+<p class='c001'><span class='sc'>Admiral Young.</span>—“Is that all you mean to say, that
+there would have been water enough for them to have floated
+in?”</p>
+
+<p class='c001'><span class='sc'>Capt. Seymour.</span>—“Yes. That is all I <em>have</em> said.”</p>
+
+<p class='c001'><span class='sc'>Admiral Young.</span>—“When you say that the ships of the
+<span class='pageno' id='Page_55'>55</span>line would have floated in at eleven o’clock, do you mean to
+speak to the depth of water alone?”</p>
+
+<p class='c001'><span class='sc'>Capt. Seymour.</span>—“I confine myself to the <em>meaning of
+the words</em>, that there <span class='fss'>WOULD HAVE BEEN WATER ENOUGH FOR
+THE LINE-OF-BATTLE SHIPS TO HAVE FLOATED IN</span>. That is
+what I mean to say. With regard to the opposition they
+would have met with, <span class='fss'>THE COURT HAVE AS MUCH BEFORE
+THEM AS I HAVE</span>.”<a id='r36'></a><a href='#f36' class='c016'><sup>[36]</sup></a> (<cite>Minutes</cite>, p. 195.)</p>
+
+</div>
+
+<p class='c001'>That is, in Captain Seymour’s opinion, the fleet
+ought to have proceeded to the attack at eleven o’clock
+instead of then coming to an anchor, and by that act,
+giving the enemy’s ships aground ample time to warp
+off and escape, which they would not otherwise have
+attempted; a point on which all French writers
+agree.</p>
+
+<p class='c001'>Attention must here be drawn to Admiral Young’s
+constantly repeated expression “<em>floated in</em>.” The expression
+appears to have been used, not more to prevent
+Captain Seymour from using any other, than to
+convey the idea that there was no room in the Channel
+for operations, but that the ships, if sent to the attack,
+must have <em>floated</em> or <em>drifted</em> in, exposed to the fire of
+the enemy, had Lord Gambier directed them so to do!</p>
+
+<p class='c001'>At the conclusion of Captain Seymour’s evidence, so
+<span class='pageno' id='Page_56'>56</span>clear and so conclusive, the Commander-in-chief had
+the bad taste to remark that he “<em>did not consider it
+of the least consequence</em>!” (<cite>Minutes</cite>, p. 196.) An
+opinion in which posterity will assuredly not coincide.</p>
+
+<p class='c001'>I must here repeat that I was not permitted to be
+present in the court during the examination of the
+witnesses, <em>or to know who had been summoned to appear</em>,
+the evidence of Captain Seymour, and that of
+several other eminent officers, would not have been
+taken at all, had I not contrived to ascertain the names
+of those summoned. Finding that most of these had
+either not been present in the action, or were known
+to be in the interest of the Commander-in-chief, I went
+on the half deck of the <i>Gladiator</i>, and wrote a note
+to the Court, pointing out the unfairness of such proceeding,
+and naming other officers who ought to be
+examined. They were <em>then</em> summoned, and their
+evidence will be conclusive to the reader, as it ought
+to have been to the Court, and would have been so
+had not the Court itself been picked by the Government,
+<i>i.e.</i> principally composed of officers who had
+been ordered to hoist their flags to qualify them for
+sitting on the court-martial, which, being ended, they
+were ordered again to strike their flags!</p>
+
+<p class='c001'>As a contrast to the evidence of Captain Seymour,
+I will turn to that of three officers who were <em>not present
+in the action</em>, and in fact, do not appear to have
+been in Aix Roads at all, either before or after it;
+though without a minute knowledge of those Roads
+they could not be competent to give even a general
+opinion on the subject. Without reason assigned—as
+<span class='pageno' id='Page_57'>57</span>indeed it was not in their power to assign any—each
+thus delivered his testimony.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Question</span> (<em>put to each in succession</em>).—“Was everything
+in your judgment done that could be done, to effect the destruction
+of the enemy’s ships?”</p>
+
+<p class='c001'><span class='sc'>Capt. Burlton.</span>—“I <em>think</em> there was.”</p>
+
+<p class='c001'><span class='sc'>Capt. Ball.</span>—“I <em>think</em> there was everything done.”</p>
+
+<p class='c001'><span class='sc'>Capt. Newman.</span>—“Perfectly so.”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“From the time the Commander-in-chief
+arrived in Basque Roads to the time of your quitting it, can
+you state any instance of neglect, misconduct, or inattention
+on his part to the public service?”</p>
+
+<p class='c001'><span class='sc'>Capt. Burlton.</span>—“I know of none.”</p>
+
+<p class='c001'><span class='sc'>Capt. Ball.</span>—“No; I cannot.”</p>
+
+<p class='c001'><span class='sc'>Capt. Newman.</span>—“None.”</p>
+
+</div>
+
+<p class='c001'>Widely different was the testimony of Captain Malcolm
+of the <i>Donegal</i>—the late Admiral Sir Pulteney
+Malcolm—-whose love of truth, like that of Captain
+Seymour, was not to be fettered by negatives in reply
+to leading questions. Captain Malcolm thus spoke of
+the only two enemy’s ships afloat, <span lang="fr"><i>Foudroyant</i></span> and
+<span lang="fr"><i>Cassard</i></span>, which two ships Lord Gambier in his defence
+said “<em>must have entirely crippled</em>” the whole British
+force, had it attempted to pass the channel leading
+to Aix Roads.</p>
+
+<div class='quote'>
+
+<p class='c001'>“When those ships quitted their stations there was then
+<em>no obstacle</em> to prevent the small ships from going in; by
+which I mean the <em>frigates</em>, or even <span class='fss'>SEVENTY-FOURS</span>. The
+fire from Isle d’Aix they nearly <em>avoid</em> by keeping near the
+Boyart.” (Capt. Malcolm’s evidence, <cite>Minutes</cite>, pp. 208,
+209.)</p>
+
+</div>
+
+<p class='c001'>Lord Gambier had stated in his defence that he refrained
+<span class='pageno' id='Page_58'>58</span>from sending in the ships on account of the
+danger from the fire of the fortifications. Mr. Stokes
+supported this view by swearing that the ships would
+have been “within point-blank range of shot.” The
+assertion of Captain Malcolm that they would be nearly
+out of reach of shot, which was true, was <span lang="fr"><i>malapropos</i></span>,
+though not to be shaken by the testimony of an inferior
+officer. It was therefore dangerous to recal Mr. Stokes
+in opposition to so high an authority as Captain Malcolm;
+Captain Kerr was consequently recalled whilst
+Captain Malcolm <em>was under examination!</em> to say that
+his ship was <em>once</em> hit from the batteries. After which
+extraordinary interruption Captain Malcolm was suffered
+to proceed with his testimony.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>President.</span>—“Was the enemy’s three-decker in a situation
+on the morning of the 12th to have done any mischief to
+ships that had been sent in?”</p>
+
+<p class='c001'><span class='sc'>Capt. Malcolm.</span>—“Till about noon she was heeling considerably,
+<em>and appeared to me to be throwing her guns
+overboard</em>. When she righted, she could have annoyed ships
+coming in.”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“At what time did the three-decker remove
+from the situation where you saw her on shore <em>heeling</em>?”</p>
+
+<p class='c001'><span class='sc'>Capt. Malcolm.</span>—“About two o’clock. I took no note of
+the time.”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“Would you have sent ships in before the two
+ships were removed and the three decker got off?”</p>
+
+<p class='c001'><span class='sc'>Capt. Malcolm.</span>—“Had it appeared to me that there was
+no other chance of destroying those ships <em>but by such an
+attack</em>, I certainly think it <em>ought to have been made</em>. It was
+understood that they must all again ground in the mouth of
+the Charente where it was the <em>received opinion</em> they could be
+attacked by bombs, gun-vessels, and fire-ships again, <em>without
+risk</em>.”</p>
+
+<p class='c001'><span class='pageno' id='Page_59'>59</span><span class='sc'>Question.</span>—“Upon the whole, are you of opinion that, of
+all the French ships which got ashore on the night of the
+11th of April, any more could have been destroyed than were
+destroyed had the British ships been earlier sent in on the
+12th of April to attack them?”</p>
+
+<p class='c001'><span class='sc'>Capt. Malcolm.</span>—“Had they been attacked by the British
+ships, in my opinion <em>they could not have been warped off
+from the shore, as it was necessary to lay out anchors to
+heave them off</em>. Those that were not aground had always
+the option of running further up the Charente. It should
+be understood that it must have been at the risk of our fleet,
+as I have already <a id='corr59.13'></a><span class='htmlonly'><ins class='correction' title='mentioned.'>mentioned.”</ins></span><span class='epubonly'><a href='#c_59.13'><ins class='correction' title='mentioned.'>mentioned.”</ins></a></span> (<cite>Minutes</cite>, pp. 209 to 211).</p>
+
+</div>
+
+<p class='c001'>Of course, every naval combat must be at the risk
+of fleets; such risk, in my judgment, forming the chief
+object in building fleets for the purpose of encountering
+it. But the risk to a whole squadron from two ships
+afloat, and a three-decker ashore, “<em>heeling over, and
+throwing her guns overboard</em>,” is what no brave seaman
+would ever take into consideration. The chief risk, as
+has been alleged by Lord Gambier, was from the fire
+of the batteries on Ile d’Aix, which he had shortly
+before pronounced “<em>no obstacle</em>.” What this was, may
+be judged from the fact that Captain Seymour, in the
+<i>Pallas</i>, Captain Woolfe, in the <span lang="fr"><i>Aigle</i></span>, and myself in the
+<span lang="fr"><i>Impérieuse</i></span>, lay for two days in this formidable position
+without loss of any kind.</p>
+
+<p class='c001'>The reply to the next question put to Captain Malcolm
+ought to have been conclusive with the Court.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Question.</span>—“<em>Would you, had you commanded the British
+fleet, have sent in ships to attack the enemy’s ships on
+shore?</em>”</p>
+
+<p class='c001'><span class='sc'>Capt. Malcolm.</span>—“The moment that the two ships quitted
+<span class='pageno' id='Page_60'>60</span>their defensive position the risk was then small of sending
+ships, and, <span class='fss'>OF COURSE, I WOULD HAVE SENT THEM IN INSTANTLY</span>.”
+(<cite>Minutes</cite>, p. 212.)</p>
+
+</div>
+
+<p class='c001'>This was spoken like a seaman. No greater contrast
+can be set in juxtaposition with such evidence than that
+of the chartmaker Stokes, the master of Lord Gambier’s
+flagship, who, though of no higher rank than
+that of a warrant officer, was gravely consulted as to
+what, in his opinion, was the Commander-in-chief’s
+duty!!</p>
+
+<p class='c001'>The subjoined evidence of Mr. Stokes is very curious,
+not only from its effrontery in contradiction of superior
+officers, but in its own flat and unblushing contradiction
+to itself. The portion of Mr. Stokes’s evidence placed
+in a double column is truly wonderful; but it is more
+wonderful that any tribunal should have so far forgot
+itself as to act upon it.</p>
+
+<div class='quote'>
+
+<p class='c001'>“The ships would have been at half range of shell and
+point-blank shot.” (<cite>Minutes</cite>, p. 148.)</p>
+
+<p class='c001'>“They would have remained under the fire of the enemy’s
+batteries till the tide floated them to the southward of the
+Palles Shoal; but this retreat, in my opinion, they would not
+have been able to have gained.” (P. 148.)</p>
+
+<p class='c001'>“If we had made the attack on the morning of the 12th,
+we should have sacrificed our own ships without making any
+impression on the enemy, or destroying <em>any</em> of their ships.”
+(P. 148.)</p>
+<div class='column-container'>
+
+<div class='col50l'>
+
+<p class='c019'>“The enemy’s ships were
+<em>fast on the ground</em> with their
+sterns to the westward; and
+they <em>could not bring their
+guns to bear on the ships
+that attacked them</em>. Had the
+<span class='pageno' id='Page_61'>61</span>French ships <em>grounded with
+their broadsides flanking the
+passage, they could not have
+been attacked with the least
+prospect of success</em>.” (P.
+151.)</p>
+
+<p class='c001'>“I told Sir H. Neale that
+perhaps we might destroy
+<em>some</em> of their ships, but that
+we should sacrifice our own.”<a id='r37'></a><a href='#f37' class='c016'><sup>[37]</sup></a>
+(P. 151.)</p>
+
+</div>
+<div class='col50r'>
+
+<p class='c019'>“The three decker lay with
+her <em>broadside flanking the
+passage</em>. They all three
+could have fired with <em>complete
+effect on any ships that
+might approach</em>!!!” (P.
+149.)</p>
+
+<p class='c001'>“Had four sail of the line
+run into Aix Roads when
+Lord Cochrane made the
+signal, the whole fire of Isle
+d’Aix, as well as the fire of
+the <span lang="fr"><i>Foudroyant</i></span>, <span lang="fr"><i>Cassard</i></span>, and
+<em>Ocean, three-decker</em>, would
+<em>have been directed on them</em>!!”
+(P. 152.)</p>
+
+</div>
+
+</div>
+
+</div>
+
+<p class='c019'>The only comment here necessary is, that nothing in
+the evidence volunteered by Titus Oates in former years
+displayed greater effrontery. The evidence of the other
+chartmaker Fairfax is almost as astounding.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Question.</span>—“Would ships of the line sent in have been
+within range of shells and shot from the enemy’s batteries?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“From every chart I have seen they
+certainly would.”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“Could any of the enemy’s ships before they
+run up the Charente have <em>annoyed and raked</em> (!!) any of the
+king’s ships that might have been sent to attack them?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“<em>They certainly lay in a favourable place
+for it.</em>”<a id='r38'></a><a href='#f38' class='c016'><sup>[38]</sup></a> (<cite>Minutes</cite>, p. 144.)</p>
+
+<p class='c001'><span class='pageno' id='Page_62'>62</span><span class='sc'>Question.</span>—“Had even two or three ships of the line been
+sent in to attack those two ships, were <em>any of the enemy’s
+ships aground(!)</em> in a position to annoy our ships, either in
+the anchorage or in their approach to it?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“<em>Some of them certainly were.</em>” (P.
+145.)</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“If a part of the fleet had gone into Aix
+Roads when the <span lang="fr"><i>Impérieuse</i></span> made the first signal, must it
+have remained within three quarters of a mile of the batteries
+till the ebb made?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“<em>They might have shifted with the flood!</em>”
+(P. 146.)</p>
+
+</div>
+
+<p class='c001'>The ingenuity of Mr. Fairfax in avoiding straightforward
+answers to embarrassing questions is remarkable.
+He was one of Lord Gambier’s tract distributors
+spoken of in the first volume, but though he had no
+objection to construct an imaginary chart to serve his
+chief, his conscience would not permit him to swear to
+its contents. Nevertheless such evasion ought not to
+have been tolerated by any tribunal. Yet on the charts
+and evidence of Stokes and this man was the result of
+the court-martial made to rest, in opposition to the
+testimony of officers of standing and character.</p>
+
+<p class='c001'>The opinion of another eminent officer, Captain
+Broughton of the <i>Illustrious</i>, will be even more to the
+purpose.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>President.</span>—“From the first attack on the ships of the
+<span class='pageno' id='Page_63'>63</span>enemy on the evening of the 11th of April to the time of
+your leaving Basque Roads, according to your judgment, was
+everything done that could be done to effect the destruction
+of the enemy’s ships?”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“I think it would have been more
+advantageous <em>if the line-of-battle ships, frigates, and small
+vessels had gone in at half flood</em>, which I take to be at
+about <em>eleven o’clock</em> <span class='fss'>A.M.</span> or <em>twelve</em>.”<a id='r39'></a><a href='#f39' class='c016'><sup>[39]</sup></a></p>
+
+<p class='c001'>“The French admiral and two more got off and made
+sail towards the river, very soon after the two that were
+afloat.”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“By the French admiral you mean the <i>Ocean</i>?”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“Yes.”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“As the two ships that remained at anchor did
+not change their position till about noon, and the <i>Ocean</i> continued
+in her position till about the same time, if the British
+fleet had been ordered in at eleven o’clock, which you thought
+would have been the proper time——”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“I would rather say between eleven
+and twelve, which, in my judgment, was more advantageous.”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“Would not the ships sent in have been exposed
+to the fire of the <em>two ships</em> that remained at anchor,
+the French Admiral’s ship, and the batteries of Isle d’Aix, at
+the same time?”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“Certainly; but I conceive they were
+partly <em>panic struck</em>, and on the appearance of a force coming
+in might have been induced to cut their cables, and try to
+make their escape up the river.” (<cite>Minutes</cite>, pp. 219-221.)</p>
+
+</div>
+
+<p class='c001'>There was not much to be feared from a “<em>panic-struck</em>”
+enemy, with only two ships afloat out of
+thirteen, eleven being on shore. Yet those who peruse
+<span class='pageno' id='Page_64'>64</span>the minutes of the court-martial will marvel to find
+these two ships set up as bugbears to a British fleet.</p>
+
+<p class='c001'>I will next adduce Captain Broughton’s testimony
+as to the trifling opposition to be anticipated from the
+batteries on Isle d’Aix, which three weeks previous to
+the action had been pronounced “<em>no obstacle</em>” by the
+Commander-in-chief, in his letter to the Admiralty<a id='r40'></a><a href='#f40' class='c016'><sup>[40]</sup></a>,
+but were now considered formidable enough to prevent
+a British fleet from passing within two miles of
+them!</p>
+
+<p class='c001'>It may here be remarked that Captain Broughton
+was well acquainted with these batteries, from having
+previously been here under Admiral Keats, as they
+were familiar to me from having been employed on
+the same spot under Admiral Thornborough, and
+having, in fact, engaged the <span lang="fr"><i>Minerve</i></span> frigate under
+their fire<a id='r41'></a><a href='#f41' class='c016'><sup>[41]</sup></a>, which I held so cheap as not to consider
+them or their ineffectual fire worthy attention. As
+Admiral Austen well remarks—all Lord Gambier knew
+respecting them was from the reports of others, who
+had not even ventured closely to reconnoitre the batteries.
+The report of Captain Broughton, who had
+reconnoitred them, was not acted upon.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>President.</span>—“In your services in Basque Roads had you
+any opportunity of making observations upon the state of
+the enemy’s fortifications on Isle d’Aix?”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“Yes, I had.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“Narrate those observations.”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“I was on board the <i>Amelia</i> when
+she was ordered to dislodge the enemy from the Boyart
+<span class='pageno' id='Page_65'>65</span>Shoal, and, being <em>nearly within gunshot</em><a id='r42'></a><a href='#f42' class='c016'><sup>[42]</sup></a>, I observed the
+fortifications. They appeared to me in a very different state
+to what I observed them when serving two or three years
+before under Sir Richard Keats. I thought they were repairing
+the works from the quantity of <em>rubbish that was thrown
+up</em>; and I counted on a semicircular battery which commanded
+the roadstead where the enemy lay between <em>fourteen
+and twenty guns</em>, I am not positive as to the exact number.
+There was a small battery lower down, nearer the sea. I do
+not know the exact number of guns; there might be <em>six</em> or
+<em>nine</em>, I suppose. What I had before taken to be a block-house
+above the semicircular battery seemed to have <em>no guns
+whatever</em>; it appeared to be a barrack for containing the
+guard. I thought from this observation that the fortifications
+of the island, at least in that part, were <em>not so strong as
+we supposed</em>, and I reported my opinion to that effect to
+Lord Gambier.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“Are those the only guns you observed on Isle
+d’Aix that could bear upon the anchorage?”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“They were all that I observed; there
+might be more.”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“Did it appear to you that the enemy was
+constructing new works in front of the old ones, and nearer
+to the sea?”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“I think the <em>rubbish</em> was the remains
+of the old works that <em>had been taken down</em>.</p>
+
+<p class='c001'><span class='sc'>President.</span>—“Would your Lordship wish to ask any
+questions on the subject?”</p>
+
+<p class='c001'><span class='sc'>Lord Gambier.</span>—“I would wish Capt. Broughton to point
+out on the chart the situation of the <i>Amelia</i> when he was on
+board her and made those observations?”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“The south point of Isle d’Aix was
+<span class='pageno' id='Page_66'>66</span>just shut in with Fouras Castle, and I think the bearing was
+nearly S.E. and by E. when it was open. When it was touching
+the point we were <span class='sc'>just out of gunshot from both sides.
+They fired at us from both sides, but the shot did not
+reach us.</span>” (<cite>Minutes</cite>, pp. 218, 219.)</p>
+
+</div>
+
+<p class='c001'>This was decisive, and in his defence, the Commander-in-chief
+thus attempted to evade the facts which
+had been officially reported to him by Captain Broughton.
+To contradict them was impossible.</p>
+
+<div class='quote'>
+
+<p class='c001'>“With respect to the force of the Aix batteries, I apprehend
+what appeared to Lord Cochrane and to the master of
+his ship as ruins of the fort were, in fact, materials for <em>improving
+or increasing the work</em>! Indeed, can it be natural
+to <em>suppose</em> that the enemy, who are so active in forming
+batteries wherever they can be useful, and whose engineers
+are considered to be equal to any, would, of all moments,
+choose that for dismantling or blowing up works when they
+expected those works would be most required; for it is very
+certain the enemy was as fully apprised of <em>our intentions of
+attacking their fleet as myself</em>!!!<a id='r43'></a><a href='#f43' class='c016'><sup>[43]</sup></a> And it will perhaps be
+considered less likely that the enemy should <em>weaken their
+defences</em> on Isle d’Aix, <em>raised evidently for the protection of
+their fleet</em>, when at the same time they were endeavouring to
+form others on the Boyart Shoal as a protection for it.”
+(<cite>Minutes</cite>, p. 135.)</p>
+
+</div>
+
+<p class='c001'>There was no “<em>supposition</em>” in the matter, nor any
+necessity for hypothesis, in face of the fact that the
+fortifications were for the most part <span lang="fr"><i>débris</i></span>, or as Captain
+Broughton termed them, a mass of “<em>rubbish</em>.” No one
+said that they had been “<em>blown up</em>” or that the enemy
+were <em>weakening their defences</em>! The fact is, that only a
+month before the action Lord Gambier had himself set
+the matter at rest, by writing to the Admiralty as
+follows:—“The advanced work between the Isles of
+Aix and Oleron, I <em>find</em> was injured in its foundation,
+and is in no state of progress, <em>it is therefore no obstacle
+to our bombarding the enemy’s fleet</em><a id='r44'></a><a href='#f44' class='c016'><sup>[44]</sup></a>,” yet it was now an
+“obstacle” to even attempt attacking ships on shore;
+and Lord Gambier condescended to resort to the just
+quoted assertions, in contradiction to his own letter to
+the Admiralty.</p>
+
+<p class='c001'>On the utter worthlessness of the batteries, as calculated
+to impede the operations of a British fleet, there
+was abundant evidence before the Court, as will be
+seen on an examination of the minutes of the court-martial,
+such testimony confirming the correctness of
+Lord Gambier’s letter to the Admiralty on the 11th of
+March, and completely disproving his Lordship’s contradictory
+assumptions in his extraordinary defence read
+to the Court.</p>
+
+<p class='c001'>Captain Broughton was next examined with reference
+to the imaginary shoal, which forms so conspicuous an
+object on Mr. Stokes’s chart (C).</p>
+
+<div class='quote'>
+
+<p class='c001'>“If the ships had been damaged in masts and rigging,
+<span class='pageno' id='Page_68'>68</span>considering the direction and strength of the wind at that
+time, was there any place those ships could have retired to?”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“I think as the wind was north-westerly
+and northerly, they might have found safe anchorage
+and protection in what is called in the French chart
+I had on board “<span lang="fr"><i>Le Grand Trousse</i></span>” (see Chart A), <em>where
+there is thirty or forty feet of water</em> <span class='fss'>OUT OF RANGE OF SHOT
+OR SHELLS IN ANY DIRECTION</span>.”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“How many ships would you have thought it
+necessary to send into Aix Roads to attack the enemy?”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“I should think <em>five or six ships</em> of
+the least draught of water.”</p>
+
+<p class='c001'>“I conjecture that the <em>discomfited</em> French squadron <em>would
+have made very little resistance</em>.”</p>
+
+<p class='c001'>“From the situation in which the enemy were, <em>not having
+recovered from the fright of the night before, I think our
+loss would have been very little</em>, as few of the French ships
+were in a situation to <span class='fss'>FIGHT THEIR GUNS</span>!!”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“Do you know that from the anchorage in
+Aix Roads to the anchorage you have just now described,
+that <em>there is</em> <span class='fss'>A BAR GOES ACROSS</span>?”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“No! I do not know anything of it;
+I <em>sounded</em> from the wreck of the <span lang="fr"><i>Varsovie</i></span> to that anchorage,
+and <span class='fss'>FOUND NO SHOAL THERE</span>!!”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“<em>That is not the place!</em> It <em>is</em> marked in
+<em>some</em> of the charts that between the Boyart and the tail of
+the Pallas there <em>is</em> a bar!”</p>
+
+<p class='c001'><span class='sc'>Capt. Broughton.</span>—“I <em>sounded as I came in from the
+fleet</em> <span class='fss'>BUT DID NOT FIND ANY BAR</span>.” (<cite>Minutes</cite>, pp. 221-233.)</p>
+
+</div>
+
+<p class='c001'>The extraordinary conduct of the President in saying
+“<em>That is not the place</em>” and then that “in <em>some</em> of the
+charts there <em>is</em> a bar,” in the place which was “<em>not</em> the
+place,” needs no comment. The evidence of Captain
+Broughton, who <em>had</em> sounded there, should have been
+fatal to the chart of Mr. Stokes, who <em>had not</em> by his
+<span class='pageno' id='Page_69'>69</span>own admission taken soundings. The fact was, that
+this bar, made for the occasion, formed one of the
+main points in the Commander-in-chief’s defence, and
+Mr. Stokes’s chart was retained in spite of the testimony
+of those who, from having sounded, could alone know
+anything of the matter.</p>
+
+<p class='c001'>But Mr. Stokes shall first <em>prove</em> and then disprove his
+imaginary <em>bar or shoal</em>.</p>
+
+<p class='c001'>Notwithstanding that Mr. Stokes admitted that his
+knowledge of the supposed shoal between the Palles
+and the Boyart was only founded on an anonymous
+French MS., he subsequently forgot the admission, and
+swore to his own <em>personal knowledge of the minutest
+particulars</em> connected with the imaginary shoal!!</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Lord Gambier.</span>—“Is there not a bank between the
+Boyart and the Palles Shoal?”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“Yes.”</p>
+
+<p class='c001'>“What water is there generally upon that bank at low
+water?”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“From <em>twelve to sixteen feet in the deepest
+part</em>, but that part is <em>very narrow</em>.”</p>
+
+<p class='c001'>“If there are only <em>sixteen feet</em>, line-of-battle ships could
+not pass over it at all times?”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—<em>No<a id='r45'></a><a href='#f45' class='c016'><sup>[45]</sup></a>, not until nearly two-thirds flood.</em>
+You must reckon on going over that part at <em>twelve feet</em>.”</p>
+
+<p class='c001'>“To get to the anchorage, it <em>is</em> necessary to pass over the
+bank just mentioned?”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“<span class='sc'>It is.</span>”</p>
+
+<p class='c001'><span class='sc'>Admiral Young.</span>—“Is there a channel of sixteen feet all
+across?”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“<em>There is a channel of sixteen feet all
+<span class='pageno' id='Page_70'>70</span>across</em>, but that is <em>narrow</em>. There are about the middle of it
+patches of twelve feet.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“<em>There is</em> no going into the channel of
+sixteen feet without, in <em>some instances</em>, passing over that of
+twelve feet?”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“You <em>may</em> go over the channel of sixteen
+feet, but <em>it is so narrow</em> that I should calculate going over
+that part which is <em>only twelve feet</em>.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“It is <em>so intricate</em>, you <em>must</em> count on passing
+over some part with only <em>twelve feet</em>?”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“I should calculate on going over part of
+the twelve feet, because <em>it is so narrow</em>, it is <em>difficult to hit</em>
+the passage of <em>sixteen feet</em>.”<a id='r46'></a><a href='#f46' class='c016'><sup>[46]</sup></a></p>
+
+</div>
+
+<p class='c001'>This is pretty minute for a man who was not present
+in the action, who confessed that he was “ignorant of
+the distance between the sands,” and had, in fact,
+“never sounded there at all,” that his survey had been
+made from the mizentop of the <em>Caledonia</em>, nine miles
+off, and that he had his information from Mr. Fairfax
+and an “anonymous French MS.,” which was not even
+produced in Court, nor demanded by the Court, so that
+it is not known to this day who was the author of that
+MS., or, indeed, whether it ever existed; a matter
+which, from its non-production, I do not hesitate to
+doubt.</p>
+
+<p class='c001'>The President was, however, bent on confirming Mr.
+Stokes’s shoal, but the result was most unfortunate. In
+order further to substantiate the alleged fact, Captain
+Woolfe of the <span lang="fr"><i>Aigle</i></span>, which vessel was present during
+the action, thus replied to an interrogation on the point.</p>
+
+<div><span class='pageno' id='Page_71'>71</span></div>
+<div class='quote'>
+
+<p class='c001'>“I think <em>four or five sail of the line</em> might have lain clear
+of the enemy’s batteries. I lay there with the <i>Pallas</i> and
+<em>fifteen or sixteen brigs, gun-brigs, cutters, and schooners</em>!”
+(<cite>Minutes</cite>, p. 86.)</p>
+
+<p class='c001'><span class='sc'>President.</span>—“<em>Would the casting your eye upon this chart</em>
+(Stokes’s) <em>give you a clearer comprehension!!!</em>”</p>
+
+<p class='c001'><span class='sc'>Capt. Woolfe.</span>—“No! I have it all in my mind. <em>I
+received orders to assist Mr. Stokes on a survey.</em></p>
+
+<p class='c001'><span class='sc'>President.</span>—“What was the report of the depth of water
+at any particular time of tide in the situation <em>I have pointed
+out between the Palles and the Boyart, if you can recollect
+it</em>?”</p>
+
+<p class='c001'><span class='sc'>Capt. Woolfe.</span>—“Mr. Stokes said <span class='fss'>HE HAD FOUND DEEPER
+WATER AND A LITTLE MORE ROOM FARTHER TO THE SOUTHWARD</span>.”</p>
+
+</div>
+
+<p class='c001'>Is it not wonderful that in face of such facts, the
+Court should have acted on Mr. Stokes’s chart or his
+evidence? Where Mr. Stokes had found “<em>deeper
+water</em>” he had marked on his chart a shoal, on which
+no admiral in his senses would have trusted a frigate,
+though the <i>Revenge</i> and <i>Valiant</i> line-of-battle ships,
+with five or six frigates had found plenty of water, and,
+whilst destroying two enemy’s ships, remained there
+through a whole tide without grounding! The following
+are extracts from the logs of the ships present.</p>
+
+<div class='quote'>
+
+<p class='c001'>“3·0 p.m. Shortened sail and anchored <i>in 7 fathoms</i>, near
+the outer ship of the enemy, <i>Valiant</i> in company.” (<i>Log of
+the</i> Pallas.)</p>
+
+<p class='c001'>“3·30. Came to with the best bower <i>in 6 fathoms</i>.” (<i>Log
+of</i> Valiant.)</p>
+
+<p class='c001'>“4·0. Anchored <i>in 5½ fathoms</i>.” (<i>Log of</i> Unicorn.)</p>
+
+<p class='c001'>“3·30. Anchored <i>in</i> 7 <cite>fathoms</cite>.” (<i>Log of</i> Indefatigable.)</p>
+
+<p class='c001'>“2·30. Anchored <i>in</i> 6 <i>fathoms</i>.” (<i>Log of</i> L’Aigle.)</p>
+
+</div>
+
+<p class='c001'>The subjoined evidence of Mr. Spurling, the master
+<span class='pageno' id='Page_72'>72</span>of the <span lang="fr"><i>Impérieuse</i></span>, will render further allusion to the
+subject unnecessary.</p>
+
+<div class='quote'>
+
+<p class='c001'>“Where we anchored, which was <em>out of the reach of shot
+and shell</em>, we lay <em>in five and a half fathoms at low water</em>.
+Three or four cables’ length <em>nearer</em> to the Pallas Shoal than
+we lay, was a good berth for three or four sail of the line to
+anchor in five and a half or six fathoms <em>dead low water</em>.
+The marks for such anchorage I took myself.” “I know
+this from my own observation. It was marked on the French
+chart, but I did not choose to trust it, but wished to prove it.
+The lead was kept going the whole of the time on both
+sides.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“What water did you find in working out
+between the tail of the Pallas Shoal and the shoal towards
+the Boyart, when working to and fro?”</p>
+
+<p class='c001'>“<em>From six and a half to seven fathoms.</em>”</p>
+
+<p class='c001'>“Did you make any observation before you began to
+engage?”</p>
+
+<p class='c001'>“Yes. On the morning of the 12th I was desired by Lord
+Cochrane to lay a buoy on the Boyart Shoal, which I did in
+<em>six and a half fathoms water</em>, a sufficient distance to allow
+<em>any ship</em> to tack round that buoy.”</p>
+
+</div>
+
+<p class='c001'>The reader must not imagine that I am too minutely
+descending into particulars. I am writing history—naval
+history—in which Lord Gambier is nothing—myself
+less, except as unavoidably connected with the
+proceedings of the court-martial. I have no wish to
+speak of Lord Gambier where it can be avoided. The
+subject is, however, one in which the nation is collectively
+interested, and the national, no less than naval
+character, involved. Now that the justice of the Duke
+of Somerset has given me the means of incontrovertible
+explanation, I am personally gratified in availing myself
+<span class='pageno' id='Page_73'>73</span>of it; but I repeat that my object is now, as it ever
+was, national; and having at length those means, it is
+my duty, no less than my pleasure, to use them as a
+warning to future generations of the noble service to
+which I have the honour to belong.</p>
+
+<p class='c001'>I must reluctantly turn for a moment to the evidence
+founded on Mr. Fairfax’s chart (D). First premising,
+that when Mr. Fairfax was asked to “state the situation
+of the enemy’s ships at noon,” he replied, that “at
+<em>eleven o’clock</em> he went down below, and did not come
+up again till near two.” (<cite>Minutes</cite>, p. 143). That is,
+during the whole of the three hours’ delay, and the
+consequent escape of the grounded ships, which constituted
+the question before the Court, Mr. Fairfax had
+been, by his own voluntary admission, in his berth,
+recovering himself from the fatigues of the previous
+night.</p>
+
+<p class='c001'>During these three hours, as has been said, the <span lang="fr"><i>Océan</i></span>,
+three-decker, and the three other line-of-battle ships
+had <em>quietly hove off</em>, and were running into the Charente.
+This was proved by the concurrent testimony of <em>all</em> the
+witnesses, and their escape formed the neglect, if any,
+of the Commander-in-chief. Yet Mr. Fairfax unblushingly
+testified that his chart showed their position
+on the morning of the 12th, and that when at two
+o’clock he returned from his <em>three hours’ nap</em>, the
+enemy’s ships were “<span class='fss'>NEARLY IN THE SAME POSITION</span>
+as when he went below at <em>eleven o’clock</em>!” All the
+other witnesses, without exception, stating the fact that
+they had warped off and escaped beyond reach! Yet
+the Court made no comment on Mr. Fairfax’s evidence.</p>
+
+<p class='c001'><span class='pageno' id='Page_74'>74</span>When pressed to describe their position more minutely,
+Mr. Fairfax, with real or assumed indignation,
+replied, “<em>I have described them in the chart produced
+by me</em>.” The Court complacently declined further question,
+and Mr. Fairfax thus escaped the struggle between
+his chart and the truth, which had so much embarrassed
+Stokes, who had not the sagacity to perceive
+that his silence would have been more acceptable than
+his volubility.</p>
+
+<p class='c001'>Mr. Fairfax’s minute description of the “nearly same
+position” of the ships which had <em>escaped while he was
+below!</em> is yet more extraordinary.</p>
+
+<div class='quote'>
+
+<p class='c001'>“Were any of the enemy’s ships aground lying so close
+together as to have the yards of two of them locked
+together?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“By perspective those near the <span lang="fr"><i>Tonnerre</i></span>
+seemed to be <em>very close</em>. If you draw a line they appear in
+one.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“The question is, whether these two ships
+were lying so close together that their masts and yards might
+be locked in, or whether they were distinct?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“They were <em>distinct at night</em>!”</p>
+
+<p class='c001'>“Were you in any situation which enabled you to determine
+that they were <em>not</em> near each other?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“No; it was prior (<i>i. e.</i> before daylight)
+that I distinguished them separate.”</p>
+
+<p class='c001'>“Can you determine <em>how far</em> they were asunder?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“I should think a ship’s length from each
+other, <em>those three</em>.”</p>
+
+</div>
+
+<p class='c001'>Yet even the reluctant vision of Mr. Stokes, at a
+distance of nine miles, could perceive <em>at daylight</em> four
+of the enemy’s vessels lying helplessly “in a group.”
+Mr. Fairfax—from whom a straightforward answer
+<span class='pageno' id='Page_75'>75</span>could not be got—said, when pressed, that amidst
+<em>pitch</em> darkness, and by “<em>perspective</em>,” he could plainly
+distinguish them as distinct from each other; and was
+thus, with difficulty, made to tell almost the truth as to
+how they lay when driven ashore on the preceding
+night. He could see in the darkness that their yards
+were not locked together, but they were only “a ship’s
+length from each other”—a distinction almost without
+a difference.</p>
+
+<p class='c001'>The whole affair was made to turn on the evidence
+of these two masters, Stokes and Fairfax, who unhesitatingly
+contradicted in that evidence the testimony of the
+most experienced officers present in the action, though
+the latter, had it not been for my pertinacity, as before
+described, <em>would not have been allowed to give evidence
+before the Court</em>. It has been shown that the charts of
+Messrs. Stokes and Fairfax were used to the exclusion
+of the actual charts of the enemy’s coast supplied under
+sanction of the Admiralty itself, because there were none
+more reliable in existence.</p>
+
+<p class='c001'>It would be easy to extract from the evidence of
+Fairfax much more to the same effect; but the subject
+is nauseating, and the naval reader may, if he choose,
+search the <cite>Minutes</cite> of the court-martial for himself.
+The young officer could scarcely occupy himself more
+profitably, if he wish to become acquainted with the
+practice of the service fifty years ago.</p>
+
+<p class='c001'>A short extract from Mr. Fairfax’s evidence relative
+to the explosion vessel and the <i>Mediator</i> is necessary,
+as Lord Gambier avowed in his defence that the “explosion
+vessels <em>failed in their object</em>;” and to corroborate
+<span class='pageno' id='Page_76'>76</span>this, Mr. Fairfax falsely placed on his chart the
+spot where the explosion took place, in a false position,
+in order to confirm to the <em>eye</em> of the Court the asseverations
+of the Commander-in-chief in his defence.
+Like Mr. Stokes, Mr. Fairfax swore the <em>truth</em> in his
+evidence in contradiction to his chart.</p>
+
+<p class='c001'>The assertion of the Commander-in-chief in his defence,
+with regard to the explosion vessels, is as follows:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“The explosion vessels, conducted by Lord Cochrane,
+<em>failed in their object</em>, as will be seen with reference to the
+<em>small chart</em> which I now deliver into Court. (Mr. Fairfax’s
+chart D.) This points out where two of them blew up. The
+situation in which, and the time when, those vessels blew up,
+<em>proved prejudicial to the enterprise in several respects</em>....
+In fact, had not Captain Wooldridge and some of the other
+officers, wholly disregarding the explosion, taken their fireships
+in <em>a proper direction</em> for the enemy, it is more than
+probable that <em>none of them would have produced any effect
+on the enemy’s fleet</em>.” (Lord Gambier’s Defence, <cite>Minutes</cite>,
+p. 124.)</p>
+
+</div>
+
+<p class='c001'>Lord Gambier uttered this with the full knowledge
+that <span class='fss'>NOT A SINGLE FIRESHIP DID TAKE EFFECT ON THE
+ENEMY’S FLEET</span>, a fact which his lordship openly states
+in another part of his defence; so prematurely were
+the fireships kindled, and so badly were they directed.
+That Captain Wooldridge took his fireship in “a
+proper direction,” is wholly disproved by the very man
+upon whose chart his lordship relies; viz. Fairfax, who
+states in his evidence that <em>after</em> the explosion had
+taken place he “<em>hailed the Mediator</em> to <span class='sc'>alter her
+course, or she would miss the French fleet</span>!!</p>
+
+<p class='c001'>I am sorry to bring such evidence as the subjoined
+<span class='pageno' id='Page_77'>77</span>to confute the unfounded assertions of a British
+admiral, but justice to myself leaves me no alternative.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Question.</span>—“Do you recollect when and where the explosion
+vessel blew up on the night of the 11th of April?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“She was about <em>two cables’ length from
+the Lyra</em>. The <i>Lyra</i> is marked in the chart produced by
+me, as well as the explosion vessel. <em>When she blew up the
+fire vessels all seemed to steer for that point</em>. I hailed four
+of them and the <i>Mediator</i>, and <em>desired the Mediator to steer
+south-east, or else she would miss the French fleet</em>.”</p>
+
+</div>
+
+<p class='c001'>Here Mr. Fairfax proved; 1st, that the explosion-vessel
+took effect before a single fireship was kindled.
+2ndly, that the <i>Mediator</i> was steering in a <em>wrong direction</em>,
+not a “<em>proper direction</em>,” as alleged by Lord
+Gambier. 3rdly, and that therefore the boom was
+destroyed before the <i>Mediator</i> could have got near it.
+The <i>Mediator’s</i> log is, however, luckily amongst the
+Admiralty records, and is carried up to the time the
+ship was set on fire, viz. 9·30 <span class='fss'>P.M.</span>, but not a word is
+said of breaking any boom, or even coming in contact
+with one, though had she done so the shock must have
+shook her from stem to stern. The subjoined are the
+<i>Mediator’s</i> last log entries previous to her being set on
+fire.</p>
+
+<div class='quote'>
+
+<p class='c001'>“8·30 <span class='fss'>P.M.</span> Cut the cable and made sail for the French
+squadron.</p>
+
+<p class='c001'>“9·30. <em>Set the ship on fire.</em>”</p>
+
+</div>
+
+<p class='c001'>The preceding extract from Mr. Fairfax is taken from
+the “<em>revised</em>” minutes. He says: “<em>When the explosion
+vessel blew up all the fire-vessels seemed to steer from
+that point</em>.<a id='corr77.32'></a><span class='htmlonly'><ins class='correction' title='” What'>What</ins></span><span class='epubonly'><a href='#c_77.32'><ins class='correction' title='” What'>What</ins></a></span> he really said was, “<em>I was below at
+the time of the first explosion!</em> which I supposed was
+<span class='pageno' id='Page_78'>78</span>some shells bursting in the top, but I got on deck time
+enough to see her blow up!” This was expunged, and
+the above version substituted. The fact was, as every
+seaman will comprehend in a moment, that there was
+not a grain of powder, or a single shell, anywhere but
+in <em>a mass in the hold</em>, and this, as a matter of course,
+exploded <em>in an instant</em>! I do not say that Mr. Fairfax
+can be accused of this perversion of his evidence, as it
+was evidently the work of the person who <em>revised</em> the
+minutes for publication by a Portsmouth bookseller.</p>
+
+<p class='c001'>The <i>Mediator’s</i> log was taken out of her previously
+to her being set on fire, and is subsequently continued
+up to midnight, two hours and a half afterwards, but
+still not a word is mentioned of coming in contact with
+a boom. This should be conclusive on the subject, and
+it is not my fault that a fact beyond dispute, must
+necessarily disprove the asseverations of the Commander-in-chief
+in his defence before the court-martial.
+These, however, are both facts. Let the reader make
+the most of them.</p>
+
+<p class='c001'>Yet in his letter to the Admiralty of April 14th,
+Lord Gambier stated that “the weight of the <i>Mediator</i>
+broke the boom,” in that letter also ignoring the effect
+of the explosion vessels altogether. His Lordship says,
+in his defence, that they were <em>signals for the fireships</em>!!
+The subjoined are his Lordship’s words:—“Their explosion
+was to point out <em>the proper time for the officers
+commanding the fireships to set fire to their respective
+vessels</em>, and to intimidate and prevent the enemy from
+towing off the fireships.”<a id='r47'></a><a href='#f47' class='c016'><sup>[47]</sup></a> Three explosion vessels
+<span class='pageno' id='Page_79'>79</span>fitted at an enormous cost for ammunition, &#38;c., to do
+that which a signal rocket could have done as well!!
+If the explosion vessels did not strike terror into the
+enemy assuredly nothing did, for at page 125 of his
+defence he admits that “<em>not one of the enemy’s ships was
+actually destroyed by means of fireships</em>.”</p>
+
+<p class='c001'>This perseverance on the part of the Commander-in-chief
+in persisting that the explosion vessels “failed in
+their object,” though according to his own admission
+that the fireships failed also, was attempted to be
+corroborated by the evidence of Mr. Fairfax, but in a
+different way, viz. by swearing that she blew up at too
+great a distance from the enemy to produce any effect
+at all!</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>President.</span>—“To the best of your judgment, what was
+the distance of the explosion vessel from the enemy when
+she blew up?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“About a mile.”</p>
+
+<p class='c001'><span class='sc'>Admiral Young.</span>—-“What sort of a night was it?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“Very dirty, and blowing strong. The
+<i>Lyra</i> was pitching bows under.”</p>
+
+<p class='c001'>“Was the night light or dark?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“<em>Very dark at intervals.</em>”</p>
+
+<p class='c001'>“How then did you, in a <em>very dark night</em>, ascertain that
+the explosion vessel blew up <em>within a mile</em> of the enemy?”</p>
+
+<p class='c001'><span class='sc'>Mr. Fairfax.</span>—“By her computed distance from us in
+the <i>Lyra</i>, judging the distance she was from the enemy.”
+[<cite>Minutes</cite>, p. 177.)</p>
+
+</div>
+
+<p class='c001'>At first sight, these questions on the part of the
+Court seem impartial, but their object was to make
+Mr. Fairfax say that she might have been <em>more</em> than a
+mile from the enemy, as appears from the subsequent
+evidence. Mr. Fairfax would not say this. He, however,
+<span class='pageno' id='Page_80'>80</span>placed her on his chart on this <em>“very dark” night
+near the Boyart shoal</em>, and not <em>close to the Ile of Aix
+and the boom</em>, where Captain Proteau, who was lying
+under the lee of the boom, says she blew up.</p>
+
+<p class='c001'>Unfortunately for the veracity of Mr. Fairfax on this
+point, he had previous to the trial unwittingly written
+a letter to the editor of the <cite>Naval Chronicle</cite>, evidently
+not for publication, but in explanation of a chart. The
+editor of the <cite>Naval Chronicle</cite>, however, published the
+explanatory remarks, which are in complete contradiction
+to Mr. Fairfax’s evidence on the court-martial—in
+fact, this portion of the letter tells the truth in the
+following language:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“I have it from good authority that the fuses on board
+one of the explosion vessels only burned six minutes and a
+half, instead of twenty.<a id='r48'></a><a href='#f48' class='c016'><sup>[48]</sup></a> Had they burned twelve minutes
+longer <em>nothing could have been better placed</em>! I saw the
+French ships with lights up <em>immediately after the explosion,
+before any of the fireships got near</em>!!—<span class='sc'>Edward Fairfax.</span>”
+(<cite>Naval Chronicle for 1809</cite>, vol. xxii. p. 49.)</p>
+
+</div>
+
+<p class='c001'>With this glaring contradiction between his evidence
+and his previous <em>honest</em> assertion to the editor of the
+<cite>Naval Chronicle</cite>, I take my leave of Mr. Fairfax and
+the subject, being quite content to rest my character
+on the contradictory evidence of those suborned to
+serve the cause of an administration in want of the
+prestige of a victory, at the expense of truth and even
+common sense, had such been relied on in the investigation.</p>
+
+<p class='c001'><span class='pageno' id='Page_81'>81</span>I will conclude with the remark, that had I been
+permitted access to the charts <em>before the lapse of fifty-one
+years</em> from the date of the action—or could I
+after the court-martial have prevailed on Parliament to
+investigate the matter, by demanding the production of
+the minutes of the court-martial before voting thanks
+to the Commander-in-chief, the Administration of that
+corrupt day would never have dared to treat me as an
+officer maligning my Commander-in-chief unjustly, nor
+to have followed up their malignity to its final consummation
+of driving me from the British Navy, on the
+imputation of an offence of which I had not the smallest
+cognisance, as will by and by appear as plainly, and I
+trust as satisfactorily, as do these extraordinary revelations
+concerning a court-martial which will stand a
+beacon and a warning to the naval service as long
+as that service may exist. God grant that the records
+of that noble service to the latest day of its
+existence may never again be sullied in like manner!</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_82'>82</span>
+ <h2 class='c006'>CHAP. XXVII.<br> <br> CONDUCT OF THE COURT-MARTIAL.</h2>
+</div>
+
+<p class='c014'><span class='sc'>LORD GAMBIER’s DEFENCE.—SECOND DESPATCH IGNORING THE FIRST.—ATTEMPT
+OF THE COURT TO STOP MY EVIDENCE.—EVIDENCE RECEIVED
+BECAUSE OPPOSED TO MINE.—I AM NOT PERMITTED TO HEAR
+THE DEFENCE.—THE LOGS TAMPERED WITH.—LORD GAMBIER’S
+DEFENCE AIMED AT ME UNDER AN ERRONEOUS IMPUTATION.—MY
+LETTER TO THE COURT CONFUTING THAT IMPUTATION.—ADMIRALTY
+ACCUSATION AGAINST LORD GAMBIER ON MY REFUSAL TO ACCUSE HIS
+LORDSHIP.—HIS INSINUATIONS AGAINST ME UNCALLED FOR.—ASSUMES
+THAT I AM STILL UNDER HIS COMMAND.—ENEMY ESCAPED FROM HIS
+OWN NEGLECT.—THE SHOALS PUT IN THE CHART TO EXCUSE THIS.—ATTEMPT
+TO IMPUTE BLAME TO ME AND CAPTAIN SEYMOUR.—THE
+TRUTH PROVED BY CAPTAIN BROUGHTON THAT LORD GAMBIER
+HAD NO INTENTION OF <a id='corr82.15'></a><span class='htmlonly'><ins class='correction' title='ATTACKING'>ATTACKING.</ins></span><span class='epubonly'><a href='#c_82.15'><ins class='correction' title='ATTACKING'>ATTACKING.</ins></a></span>—LORD HOWE’S ATTACK ON THE
+AIX FORTS.—CLARENDON’S DESCRIPTION OF BLAKE.</span></p>
+
+<p class='c022'>The most damnatory point connected with the court-martial
+is—that on finding me inflexible with regard
+to the vote of thanks to Lord Gambier, the Board of
+Admiralty ordered his lordship, <span class='sc'>After his return to
+England</span>, to <em>write a second despatch containing fresh
+details of the action</em>! thus superseding the first despatch
+written by himself as Commander-in-chief at the time
+of the action!!</p>
+
+<p class='c001'>With this extraordinary demand Lord Gambier appears
+to have gladly complied on the 10th of May, 1809;
+so that there are two despatches (Appendix A, <em>written
+on the spot</em>, and B, <em>written in England</em>), the first highly
+praising me for what I neither did nor intended to
+do—the second <span class='sc'>Ignoring my services altogether</span>!!
+<span class='pageno' id='Page_83'>83</span>In fact, only mentioning me by name, as <em>lying “about
+three miles from the enemy.”</em> One step more in the
+second despatch, viz. that I was not in Aix Roads at
+all! would only have been in keeping with the assertion
+just quoted. Were not these contradictory documents
+now adduced, the denial of such an act by suppressing
+all mention of it in the despatches would be incredible.
+Nevertheless, I fearlessly assert, that to my personal
+conduct of the explosion vessel was solely attributable
+the panic produced in the enemy’s fleet, and that such
+conduct was one of the most desperate acts on record.
+There, however, they are—printed in the Appendix
+at the end of this volume. The naval reader may
+regret their reproduction, as I do, for the sake of
+the service, but he can no more ignore them than I
+can pass them over.</p>
+
+<p class='c001'>There is nothing like this in the records of the
+British or any other naval service, and the reasons for a
+precedent so unusual must themselves have been extraordinary.
+It is clear to me, that from the order of
+the Board of Admiralty to the Commander-in-chief to
+make a second report of the action in Aix Roads the
+court-martial took its cue. This may be a harsh
+conclusion, and perhaps would be so were it not corroborated
+by circumstances, not the least significant of
+which was, that the Commander-in-chief’s official report
+had been long before <em>published in the Gazette</em>! No
+naval reason to invalidate this official report was
+alleged, or could have existed.</p>
+
+<p class='c001'>During my examination before the Court I alluded
+to the fact of having “reported to the Commander-in-chief
+<span class='pageno' id='Page_84'>84</span>the ruinous state of the Ile of Aix, it having the
+<em>inner fortifications completely blown up and destroyed</em>.
+This I not only ascertained from the deck of the <span lang="fr"><i>Impérieuse</i></span>
+with perfect precision as to the side towards
+us, but also as to the opposite side, from personal
+observations made from the main-topgallant mast-head.
+There were thirteen guns mounted.” (<cite>Minutes</cite>, p. 58.)</p>
+
+<p class='c001'>This evidence, if admitted, and its truth was fully
+proved by the testimony of other officers, completely
+confirmed Lord Gambier’s previous statement to the
+Admiralty, that “<em>the fortifications were no obstacle</em>.”
+But now it was expedient that these fortifications should
+constitute the bugbear which, as was asserted, would
+have destroyed any British ships sent in to attack the
+enemy’s ships aground! and that the issue of the court-martial
+mainly rested on establishing the formidable
+character of the fortifications, a second despatch was
+called for. When, in my evidence, I was explaining to
+the Court the little danger to be apprehended from
+these fortifications—one of the principal points before
+the Court, Admiral Young stopped me with the query,
+“Will you consider, my Lord Cochrane, before you go
+on, <span class='fss'>HOW FAR THIS IS RELEVANT</span>?”</p>
+
+<p class='c001'>On my insisting upon further explanation the Judge-Advocate
+attempted to stop me, by demanding—“<span class='sc'>Can
+this relate to the question asked?</span>” The President—seeing
+that I would not be stopped—remarked—“<em>Lord
+Cochrane states this as his reason for not taking a
+particular line of conduct</em>.” I stated it for no purpose
+of the kind, but to show that opposition from such
+fortifications was hardly worth taking into consideration,
+and thus continued:—</p>
+
+<div><span class='pageno' id='Page_85'>85</span></div>
+<div class='quote'>
+
+<p class='c001'>“I have felt that if I had answered ‘<em>Yes</em>’ or ‘<em>No</em>’ to all
+the questions which had been put to me, I ought to be hung,
+and that if a court-martial were held upon me and only the
+answers ‘<em>Yes</em>’ or ‘<em>No</em>’ appeared to those questions, I <em>should</em>
+be hung for them.”</p>
+
+<p class='c001'><span class='sc'>Judge-Advocate.</span>—“<em>I believe nobody has desired your
+Lordship to answer merely ‘Yes’</em> or ‘<em>No</em>!’”</p>
+
+</div>
+
+<p class='c001'>A still more striking instance of the animus of the
+Court was the following attempted stoppage of Captain
+Beresford’s evidence.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Capt. Beresford.</span>—“The only thing I know with respect
+to the <i>Calcutta</i> being fired, was by a conversation between
+Lord Cochrane and myself in the presence of Captain Bligh,
+Captain Maitland, and others.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“<em>Is this strictly evidence, Mr. Judge-Advocate?</em>”</p>
+
+<p class='c001'><span class='sc'>Judge-Advocate.</span>—“<em>Yes! I should think it is</em>; <span class='sc'>because
+I conceive it is to affect the evidence of Lord
+Cochrane</span>!!!” (<cite>Minutes</cite>, p. 163.)</p>
+
+</div>
+
+<p class='c001'>At the present day such proceedings in any tribunal
+would be thought impossible. There, however, they are
+on record—showing that the openly-avowed object of
+the court-martial was the suppression and invalidation
+of my evidence by any means that could be brought to
+bear, rather than an inquiry into the conduct of the
+Commander-in-chief on the merits of the case.</p>
+
+<p class='c001'>One point more must be noticed, relative to the
+manner in which the Court was conducted. Having
+reason to believe, as has been shown, that the inquiry
+was being directed against myself, I was naturally
+anxious to be present at the reading of the Commander-in-chief’s
+defence, in order to judge how far I might
+thereby stand affected. With this view I presented
+<span class='pageno' id='Page_86'>86</span>myself at the Court on the fifth day of the inquiry,
+when it was known that the defence would be made.</p>
+
+<p class='c001'>To my surprise the Court saw fit to refuse the
+privilege.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>President.</span>—“All the witnesses must withdraw.”</p>
+
+<p class='c001'><span class='sc'>Lord Cochrane.</span>—“With all due respect to the Court, in
+some former courts-martial the witnesses have been permitted
+to hear the defence.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“<em>I never heard such a thing in my life.</em>
+The Court have ruled the point.”</p>
+
+<p class='c001'><span class='sc'>Lord Cochrane.</span>—“The case of Admiral Harvey is a case
+in point.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“Lord Cochrane, the Court have determined
+the contrary.”</p>
+
+<p class='c001'>“(<i>Lord Cochrane withdrew</i>”.) (<cite>Minutes</cite>, p. 105.)</p>
+
+</div>
+
+<p class='c001'>One of my reasons for wishing to be present was to
+ascertain what use would be made of the logs of the
+small vessels present in the action; it being quite clear
+from circumstances which had come to my knowledge
+that some of these had been tampered with. As such
+an assertion may readily be doubted, it must be confirmed.</p>
+
+<p class='c001'>When Mr. Earp inspected the logs at the Record
+Office, several, for the date of the action, were found
+missing from the log books. One—the log of a line of
+battle ship—<em>had been torn out and was put back loose</em>!
+This, however, is after-knowledge, I will rather rest
+the matter on circumstances at the time.</p>
+
+<p class='c001'>When the master of the <i>Beagle</i> was under examination,
+the subjoined conversation took place:—</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>President</span> (<i>to the Master</i>).—“Were these things written
+(in the log) day by day as they occurred?”</p>
+
+<p class='c001'><span class='pageno' id='Page_87'>87</span><span class='sc'>Master.</span>—“Yes; everything was written every day at
+twelve o’clock.”</p>
+
+<p class='c001'>“Then what is called the log of the 6th of April <em>was</em>
+written on the 6th of April?”</p>
+
+<p class='c001'><span class='sc'>Master.</span>—“Yes.”</p>
+
+<p class='c001'>“And what is inserted here as of the 7th, <em>was</em> written on
+the 7th in this book?”</p>
+
+<p class='c001'><span class='sc'>Master.</span>—“Yes.”</p>
+
+<p class='c001'>“Is this the identical book into which it was copied from
+the board?”</p>
+
+<p class='c001'><span class='sc'>Master.</span>—“Yes.”</p>
+
+<p class='c001'>“And there never was any other log-book kept?”</p>
+
+<p class='c001'><span class='sc'>Master.</span>—“No.”</p>
+
+<p class='c001'>“Who kept this?”</p>
+
+<p class='c001'><span class='sc'>Master.</span>—“I kept it myself.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“It is written so fair and so neat that <em>it
+bears every mark of being a fair copy</em>!”</p>
+
+<p class='c001'><span class='sc'>Judge-Advocate.</span>—“<em>I tell the gentleman I am sure no
+imputation rests upon him!</em>”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“No; <em>not the least</em>!”<a id='r49'></a><a href='#f49' class='c016'><sup>[49]</sup></a> (<cite>Minutes</cite>, pp. 30, 31.)</p>
+
+</div>
+
+<p class='c001'>It was nevertheless a fact that it <em>had</em> been tampered
+with, as was unwittingly elicited by Mr. Bicknell from
+the same witness.</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Question.</span>—“You say, on your oath, that you believe
+everything in this log to be correct.”</p>
+
+<p class='c001'><span class='sc'>Master.</span>—“Yes.”</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“How does it happen that the signals of the
+<span lang="fr"><i>Impérieuse</i></span> are inserted in the margin of the log amongst
+the columns, and <em>not in the body of the log</em>?”</p>
+
+<p class='c001'><span class='pageno' id='Page_88'>88</span><span class='sc'>Master.</span>—“I wrote that <em>at the same time the log was
+written</em>!”</p>
+
+<p class='c001'>“Why did you not put it in the body of the log in the
+narrative?”</p>
+
+<p class='c001'><span class='sc'>Master.</span>—“<em>I made a mistake!</em> in copying it from the
+log-board!” (<cite>Minutes</cite>, pp. 29, 30.)</p>
+
+</div>
+
+<p class='c001'>It will thus be seen that my most material testimony
+was attempted to be stopped by the Court as “irrelevant;”—that
+the Judge-Advocate gave as a reason for
+receiving testimony <em>really irrelevant</em>, that it <em>ought</em> to
+be received because “<em>it would affect the evidence of
+Lord Cochrane</em>;”—that garbled logs were resorted to—that
+the whole proceedings were directed against
+me, and carefully in favour of Lord Gambier, by
+leading questions which abound in almost every page,
+that I was not allowed to be present whilst the
+witnesses were under examination, so that I had no
+opportunity of cross-examining them in my own vindication—a
+right granted to every man by the constitution
+of his country; and that I was <em>refused admission</em>
+to the Court during the delivery of Lord Gambier’s
+defence, <em>by the Judge-Advocate himself</em>! a most unusual
+course, that defence being full of the most
+injurious insinuations against my honour, though these
+were not borne out by evidence. In short, I was
+refused admission to the Court, though I quoted a
+precedent <em>not two months old</em>, in support of my right
+to be present—a right the more important to me
+if only from the fact of Lord Gambier having written
+a second despatch relative to the action in Aix Roads,
+in which despatch my services were altogether omitted,
+notwithstanding his lordship’s praises of my conduct
+<span class='pageno' id='Page_89'>89</span>in his first despatch written on the spot, where everything
+had transpired under his own observation.</p>
+
+<p class='c001'>I must now briefly advert to his lordship’s defence,
+but only so far as personally concerns myself.</p>
+
+<p class='c001'>Lord Gambier stated at the outset of his defence,
+that he had been compelled to demand a court-martial
+in consequence of “the insinuations thrown out against
+him by Lord Cochrane, which not only compromised
+his own honour, but that of brave officers and men
+serving under his command.” (<cite>Minutes</cite>, p. 105.)</p>
+
+<p class='c001'>I never threw out against his lordship a single insinuation,
+nor does one exist, either on the records
+of the Court or elsewhere. I merely told Lord
+Mulgrave, as narrated in the first volume, that I did
+not consider Lord Gambier’s services worthy of a vote
+of thanks from Parliament, and that on this ground,
+as bound by public duty to my constituents, I should
+resist it. As will presently be seen, this was also the
+opinion of many eminent men in Parliament, and on
+the same ground too—that of public duty. If I committed
+any offence in this, it was that of refusing to
+have my name coupled with that of Lord Gambier in
+the vote of thanks, and resisting an offer of an independent
+squadron and a regiment<a id='r50'></a><a href='#f50' class='c016'><sup>[50]</sup></a>, not to persist in my
+determination of opposing it.</p>
+
+<p class='c001'>That my objection to the vote of thanks to Lord
+Gambier included any of the officers serving under
+him was a gratuitous assumption to secure sympathy
+for himself. As I have shown, the opinions of those
+officers present in the action, whose opinions were to
+<span class='pageno' id='Page_90'>90</span>be relied on, were <em>anything but in Lord Gambier’s
+favour</em>. Not a single word did I utter against any
+officer; though, on the ninth and last day of the court-martial,
+it was with the greatest difficulty, and <em>after a
+positive refusal</em>, that I succeeded in getting a denial of
+Lord Gambier’s unfounded assertion attached to the
+Minutes. It will be better to give the whole transaction.</p>
+
+<div class='quote'>
+
+<p class='c001'>The Right Honourable Lord Cochrane called in.</p>
+
+<p class='c001'><span class='sc'>President.</span>—“Lord Cochrane, I have received the note
+which you addressed to me, and have taken the sense of the
+Court upon it. The decision of the Court is, that as the
+matter to which your lordship refers <em>does not at all bear
+upon the trial of Lord Gambier they cannot enter into
+it</em>.”</p>
+
+<p class='c001'><span class='sc'>Lord Cochrane.</span>—“I would request, sir, that that letter
+may appear as an official letter to you, and that it may be
+entered upon the Minutes.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“The Court will take that into their consideration.”</p>
+
+<p class='c001'>The Court was cleared.</p>
+
+<p class='c001'>The Court was re-opened at one o’clock.</p>
+
+<p class='c001'><span class='sc'>President.</span>—“Lord Cochrane, the Court have taken into
+their consideration the note you addressed to them, and have
+agreed that it shall be attached to the Minutes.”</p>
+
+<p class='c001'>The letter was read, and is as follows:—</p>
+
+<div class='c020'>“August 4, 1809.</div>
+
+<p class='c001'>“<span class='sc'>Sir</span>,—Having learnt from my brother officers that a
+report has gone abroad that I censured, in general terms, the
+conduct of the officers employed in the Road of Aix, on the
+12th of April, I wish to have an opportunity to declare the
+truth on oath; considering reports of that nature highly
+injurious to the service of our country. I am also desirous
+to lay before the Court the orders given to the fireships for
+<span class='pageno' id='Page_91'>91</span>their guidance, as these will tend to elucidate and clear some
+of those who consider that blame has been imputed to them.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour to be, sir,</div>
+ <div class='line in8'>“Your most obedient humble servant,</div>
+ <div class='line in32'>“<span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“Admiral Sir Roger Curtis, President.”</span></p>
+
+</div>
+
+<p class='c001'>Let the reader mark that expression of the president,
+“<em>it does not at all bear upon the trial of Lord
+Gambier!</em>” Though the very first sentence of Lord
+Gambier’s defence was an accusation of myself upon
+an assumption for which there was no foundation
+whatever. Nothing but fear of a parliamentary debate
+caused that letter to be attached to the Minutes.</p>
+
+<p class='c001'>So clumsily was this accusation made against me,
+that Lord Gambier, despite the unwarrantable assumption
+just quoted, subsequently admitted my objection
+to the vote of thanks to have <em>been solely aimed
+at himself</em>, and not, as he had just said, at the officers
+and men of the fleet. Here are his lordship’s words:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Lord Cochrane <em>warned</em> the noble lord at the head of the
+Admiralty that if this measure (the vote of thanks) were
+attempted he should, if standing alone, oppose it; thus,
+without specifically objecting to thanks being given for the
+service performed, directing his hostility <em>personally at me</em>.”
+(<cite>Minutes</cite>, p. 107.)</p>
+
+</div>
+
+<p class='c001'>That is—I should not have objected to a vote of
+thanks to the officers and men of the fleet, but only to
+himself <em>personally</em>. Yet in the same breath he accused
+me of traducing the officers and men of the fleet;
+with the intention, no doubt, of sheltering himself
+under the pretence of my having traduced them also.
+Could anything be more puerile? I gave no other
+<span class='pageno' id='Page_92'>92</span>“<em>warning</em>” to Lord Mulgrave than that which Lord
+Gambier correctly stated, and that I certainly did give,
+but without a word which could give rise to the
+slightest imputation on the officers and men of the fleet.</p>
+
+<p class='c001'>The fact is, that I never accused Lord Gambier at
+all, <em>not even to Lord Mulgrave</em>, to whom I only expressed
+an intention of opposing a parliamentary vote of
+thanks. It was the Board of Admiralty who accused
+him. Here are their accusations in full:—</p>
+
+<div class='quote'>
+
+<p class='c024'>“<i>By the Commissioners for executing the office of Lord
+High Admiral of the United Kingdom of Great
+Britain and Ireland, &#38;c.</i></p>
+
+<p class='c001'>“Whereas Admiral the Right Hon. Lord Gambier has, by
+his letter to our Secretary, of the 30th of May, 1809, requested
+that his conduct, as Commander-in-chief of the
+Channel Fleet employed in Basque Roads, between the 17th
+day of March and the 29th day of April, 1809, may be
+inquired into by a court-martial:</p>
+
+<p class='c001'>“And whereas, by the log-books and minutes of signals
+of the <i>Caledonia</i>, <span lang="fr"><i>Impérieuse</i></span>, and other ships employed on
+that service, <em>it appears to us</em> that the said Admiral Lord
+Gambier, on the 12th day of the said month of April, the
+enemy’s ships being then on shore, and the signal having
+been made that they could be destroyed, did, for a considerable
+time, neglect or delay taking effectual measures for destroying
+them: We, therefore, in compliance with his lordship’s
+request, and <em>in consequence of what appears in the
+said log-books and minutes of signals</em>, think fit that a court-martial
+shall be assembled for the purpose of examining into
+his lordship’s conduct, and trying him for the same: We
+send you herewith his lordship’s said letter, and also his
+letter of the 10th of the said month therein referred to,
+together with an attested copy of a letter of our Secretary,
+dated the 29th of last month, and addressed to Lord Cochrane,
+<span class='pageno' id='Page_93'>93</span>and his lordship’s reply thereto, with the log-books and
+minutes of signals above-mentioned: and we do hereby
+require and direct you to assemble a court-martial on Monday
+the 19th day of this month (if the witnesses shall be then
+ready, and if not then ready, as soon after as they shall be
+so) to try the said Admiral the Right Hon. Lord Gambier,
+for his conduct in the instance hereinbefore mentioned; and
+also to inquire into his whole conduct as Commander-in-chief
+of the Channel Fleet employed in Basque Roads,
+between the 17th day of March and the 29th day of April,
+1809, and to try him for the same accordingly.—Given under
+our hands the 5th day of June, 1809.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>(Signed) “<span class='sc'>Mulgrave.</span></div>
+ <div class='line in8'>“<span class='sc'>R. Bickerton.</span></div>
+ <div class='line in8'>“<span class='sc'>Wm. Domett.</span></div>
+ <div class='line in8'>“<span class='sc'>R. Moorsom.</span></div>
+ </div>
+ </div>
+</div>
+
+<p class='c025'><span class='small'>“To Sir Roger Curtis, Bart., Admiral
+of the White, and Commander-in-chief
+of his Majesty’s ships and
+vessels at Spithead and in Portsmouth
+Harbour.</span></p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“By Command of their Lordships,</div>
+ <div class='line in20'>“<span class='sc'>W.W. Pole</span>.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<p class='c001'>There is nothing here from which it can be inferred
+that—to use Lord Gambier’s own words in his defence—I
+had driven him “to defend himself against the <em>loose
+and indirect accusations</em> of an officer so much his inferior
+in rank.” I had made no accusation whatever against
+him, having merely and only declared that the service
+rendered was not worth the thanks of Parliament; the
+frequency of such thanks for trifling service being at that
+period so notorious as to become subject for sarcasm, as
+will appear in the next chapter. Had Lord Gambier
+construed my parliamentary opposition rightly, he might
+<span class='pageno' id='Page_94'>94</span>have thanked me for saving him from himself, and
+would have done so, had not his peculiar failing, vanity,
+demanded an ovation for services which under evil
+advice he had prevented from being fully consummated.
+So far from accusing Lord Gambier, <em>I was ordered by
+the Admiralty to do so</em>, and refused, to my own detriment<a id='r51'></a><a href='#f51' class='c016'><sup>[51]</sup></a>;
+telling the Board <em>to go to the logs of the
+fleet, and frame their own accusations, if they had any</em>.
+Yet, even this consideration did not prevent Lord Gambier
+from giving utterance to the following bombast;—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Whether Lord Cochrane supposed that he might with
+impunity endeavour to lower me in the opinion of my country
+and of my sovereign, signal marks of whose favour had at
+that instant been exclusively conferred upon himself,—whether
+his Lordship thought to <em>raise his own reputation
+at the expense of mine</em>,—and whether he expected that his
+threat would intimidate me to silence, I know not.” (<cite>Minutes</cite>,
+p. 108.)</p>
+
+</div>
+
+<p class='c001'>How could I “raise my own reputation” at the expense
+of Lord Gambier, who had, in his first despatch,
+said that my conduct in the action of Aix Roads
+“could not be exceeded by any feat of valour hitherto
+achieved by the British navy;” though in his second
+despatch, substituted for the first after his return to
+England, and that too by order of the Board of Admiralty,
+he only remembered that I “lay with my ship
+about three miles from the enemy!” His lordship was
+not once within gunshot of the enemy, whilst my frigate
+was throughout engaged, and for some time single-handed,
+against two line-of-battle ships, and a fifty
+gun ship, the <i>Calcutta</i>, which I captured.</p>
+
+<p class='c001'><span class='pageno' id='Page_95'>95</span>So far from “raising my reputation at the expense
+of Lord Gambier’s,” I voluntarily stated on the court-martial,
+that “the feelings of Lord Gambier for the
+honour and interest of his country were as strong as
+my own.” (<cite>Minutes</cite>, p. 40.) For which mark of good
+nature, his lordship said in his defence, that even “in
+the present proceedings, Lord Cochrane stands in a
+situation only as an officer <em>under my command</em>!” (<cite>Minutes</cite>,
+p. 107) the meaning of which evidently was that
+I ought not to say anything but by order. The expression
+could not have had any other meaning.</p>
+
+<p class='c001'>I will not enter further into Lord Gambier’s unfounded
+recriminations upon myself, further than to
+remark, that even had they any foundation, in no way
+did they bear upon the subject of the trial, much less
+were they in any way connected with his defence to
+the inquiry as to <em>why it was, that with a favourable
+wind, a rising tide, and plenty of water, he had refrained
+from attacking eleven ships helplessly ashore,
+allowing all but three to escape? This was the inquiry
+before the court, which, departing from the subject
+of inquiry, connived at its being substituted for recriminations
+on me for accusing Lord Gambier—though I
+had never done so.</em></p>
+
+<p class='c001'>Upon the real point Lord Gambier in his defence
+wisely abstained from trusting himself, except in such
+terms as the following. “<em>If</em> he had sent in any ships,
+and they should have been necessitated to remain a whole
+tide in the Roads of Aix; <em>if</em> they had been crippled in
+going in; <em>if</em> the wind, which was favourable for carrying
+them in, should not have shifted so as to bring
+<span class='pageno' id='Page_96'>96</span>them out again; and that even, <em>if</em> the wind were fair
+and they should lose their foremasts, the crews would
+not have been able to get the ships before the wind.”
+To this, I will add that “<em>if</em>,” instead of conjuring up
+these absurd dangers to be apprehended from an enemy
+of whom Lord Gambier had said to Captain Broughton,
+that they were “<em>already destroyed</em>,” his Lordship had
+sent in ships to finish the work, the court-martial
+would never have been heard of, and he would have
+enjoyed a legitimate triumph. I was not his enemy.
+Those who persuaded him not to second my efforts
+were so unquestionably.</p>
+
+<p class='c001'>Quitting these “<em>ifs</em>,” and calculations of possible risk
+and conjectural disasters, one or two points professionally
+connected with the defence remained to be noticed.</p>
+
+<p class='c001'>Lord Gambier knew, that during the ebb and rising
+tide, the enemy’s ships ashore were preparing to warp
+off with the flood, and he also knew that the only two
+enemy’s ships at anchor, the <span lang="fr"><i>Foudroyant</i></span> and <span lang="fr"><i>Cassard</i></span>,
+which at the court-martial were converted into bugbears
+to the whole British fleet, would be prepared in
+case of the attack which they naturally expected, to
+cut or slip, and so run for the mouth of the Charente
+as they did, the moment the ships aground had warped
+off and escaped.</p>
+
+<p class='c001'>When the British fleet weighed from Basque Roads,
+the enemy was, as Captain Broughton testified “<em>panic
+struck</em>.” When, in place of proceeding straight on to
+the attack, the British ships <em>came to an anchor</em> in Little
+Basque Roads, the enemy, as their own writers declare,
+considered “<span lang="fr"><i>la mollesse de Lord Gambier</i></span>” an unexpected
+<span class='pageno' id='Page_97'>97</span>stroke of good luck, and set energetically
+to work to warp off their ships from the bank on
+which they were stranded. As Captain Broughton
+rightly says, had the frigates and smaller vessels been
+<em>then</em> sent in, and a demonstration only made of others
+ready to follow, the destruction of the whole must have
+been complete. This is neither a matter of naval
+tactics nor science, but a commonplace consequence.
+It was this which caused Captain Malcolm to say,
+“Had it appeared to me that there was no other
+chance of destroying them, but by such an attack, <em>I
+certainly think it ought to have been made</em>.” (<cite>Minutes</cite>,
+p. 211.) And again, “Had they been attacked by the
+British ships, they could not, in my opinion, <em>have been
+warped off from the shore</em>, as to do so, it was necessary
+to lay out anchors to heave them off.” (<i>Ibid.</i>) There
+are no “<em>ifs</em>” or contingent disasters in Captain Malcolm’s
+opinion, which, as Captain Hutchinson pertinently
+remarks, was that of every officer in the fleet.</p>
+
+<p class='c001'>But even after the enemy’s ships had escaped, and
+the two at anchor, the <span lang="fr"><i>Foudroyant</i></span> and <span lang="fr"><i>Cassard</i></span> <em>had</em>
+run for the Charente, the Commander-in-chief allowed
+an hour and a half to escape before a single ship was
+sent into the inner roads, nor would any have been
+sent at all had not I taken the <span lang="fr"><i>Impérieuse</i></span> in alone,
+and then hoisted the signal “in want of assistance.”
+Had not this been done, not a single ship of the enemy’s
+fleet would have been destroyed, unless from the impossibility
+of getting her again afloat, and I am not
+aware that any such instance occurred.</p>
+
+<p class='c001'>To excuse this neglect, the hypothesis of banks and
+<span class='pageno' id='Page_98'>98</span>shoals, in the charts of Messrs. Stokes and Fairfax was
+resorted to, for they neither existed in the French
+charts, nor in reality. Coupled with this was the
+alleged danger of point blank shot from the dilapidated
+batteries!</p>
+
+<p class='c001'>“Scarcely,” says Lord Gambier, “had the <i>Cæsar</i>
+reached Aix Roads, before she grounded, and <em>lay in a
+perilous situation exposed to the point blank shot of the
+batteries</em>.” (<cite>Minutes</cite>, p. 128.) Unfortunately for this
+hypothesis, a careful search in the <i>Cæsar’s</i> log shows
+that <em>she was never once touched by shot or shell!!</em> and
+that in place of grounding in Aix Roads, she grounded
+on the Boyart Sand—on her way to Aix Roads—and
+that she lay there beyond the reach of shot; thus proving
+what other officers testified, viz. that there was plenty
+of room in the channel to avoid shot. The <i>Cæsar</i>
+only went a few feet too far, and came off next morning
+without damage of any kind.</p>
+
+<p class='c001'>A still less worthy part of the defence was, in laying
+the fault on myself and Captain, now Admiral Seymour,
+of the <i>Pallas</i> that nothing more was done. “Lord
+Cochrane,” says the Commander-in-chief, “<em>remained</em>
+in the Road of Aix, during the 13th and 14th, accompanied
+by the <i>Pallas</i>, sloops and gun-brigs, but nothing
+was attempted by those two frigates.” (<cite>Minutes</cite>,
+p. 129.) The fact was, that in the fight with the line-of-battle
+ships destroyed on the evening of the 12th,
+before any assistance came, the <span lang="fr"><i>Impérieuse</i></span> was severely
+damaged, so much so, as to occupy the whole of the
+13th in repairs. This was why Admiral Seymour so
+gallantly stood by us, and the 14th was occupied in
+vain attempts even then to get a force sent in. Had
+<span class='pageno' id='Page_99'>99</span>Admiral Seymour run the <i>Pallas</i> alone amongst the
+line-of-battle ships which remained, at the mouth of
+the Charente, he would not have earned the high reputation
+he now enjoys. But when Lord Gambier
+threw out this questionable insinuation, he forgot to
+mention that Admiral Stopford lay at a short distance
+with two line-of-battle ships and half a dozen frigates,
+besides having our two frigates and all the smaller
+vessels under his command. Had Admiral Stopford
+been asked why, with such a force under his orders, he
+remained inactive, the reply would have not been to
+the Commander-in-chief’s credit. Admiral Stopford
+would not have been a spectator only, could he have
+helped himself.</p>
+
+<p class='c001'>I now quit this miserable subject for ever. The real
+fact is, that from over-persuasion of those who were
+jealous of a junior officer originating and being appointed
+to carry out plans deemed impossible by
+others, Lord Gambier declined to second my efforts, as
+Admiral Austen has plainly said in his letter previously
+quoted, the fact being as completely confirmed by
+Captain Hutchinson. This decision of his lordship was
+no doubt arrived at, when a council of officers were
+summoned on board the flag-ship, on the morning of
+the 12th, at which time the enemy’s fleet was lying
+helplessly ashore.</p>
+
+<p class='c001'>That, after such council, his Lordship never intended
+to make <em>any attack at all</em> on the French ships, is proved
+<em>beyond question</em>, by the subjoined testimony of Captain
+Broughton.</p>
+
+<div class='quote'>
+
+<p class='c001'>“A ship or two might have been placed, in my opinion
+<span class='pageno' id='Page_100'>100</span>against the batteries on the southern part of Ile d’Aix, so as
+to take off their fire <span class='fss'>AND SILENCE THEM</span>. I mentioned to Sir
+H. Neale, when the signal was made for all captains in the
+morning, that I thought <em>they were attackable</em>—speaking of
+the confused state in which the French ships appeared to be
+at the time.”</p>
+
+<p class='c001'>“<em>I heard my Lord Gambier the same morning say</em> (at this
+council) <em>it had been his intention to have gone against the
+batteries I now speak of, but as the enemy were on shore he
+did not think it necessary to run any unnecessary risk of the
+fleet when the object of their destruction seemed to be already
+obtained</em>.” (<cite>Minutes</cite>, pp. 221, 222.)</p>
+
+</div>
+
+<p class='c001'>That is, he admits my exertions to have destroyed
+the French fleet, (which was not destroyed—all except
+three ships having escaped) and plainly tells Captain
+Broughton that <em>he will do nothing more</em>! This should
+for ever decide the point.</p>
+
+<p class='c001'>If, however, proof be still wanted of the utter worthlessness
+of any opposition in the power of the enemy
+to offer, whether by fortifications or ships, it is to be
+found in the following statement at the close of Lord
+Gambier’s defence:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“I conclude by observing that the service actually performed
+has been of great importance, as well in its immediate
+effects as in its ultimate consequences; for the Brest fleet is
+so reduced as to be no longer effective. It was upon this
+fleet the enemy relied for the succour and protection of their
+West India colonies, and <em>the destruction of their ships was
+effected in their own harbour, in sight of thousands of the
+French. I congratulate myself and my country that this
+important service has been effected, under Providence, with
+the loss only of ten men killed, thirty-five wounded, and one
+missing.</em> <span class='sc'>Not even one of the smallest of our vessels
+employed has been disabled from proceeding on any
+service that might have become necessary.</span>” (<cite>Minutes</cite>,
+p. 138.)</p>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_101'>101</span>By this voluntary admission of Lord Gambier I am
+willing to be judged—feeling certain that posterity will
+be as fully convinced of the inability of the enemy to inflict
+material damage on our ships, as was Lord Gambier
+himself, according to his own testimony, as quoted in
+the above passage. As Lord Gambier truly says, no
+damage worth mentioning <em>was</em> done to any of our
+ships, to which I shall add, that at no period after the
+enemy’s ships were driven ashore were they in a condition
+to inflict damage. This his lordship not only
+admits, but <em>proves</em>, in the concluding paragraph of his
+defence, and yet the whole point of the trial is made to
+rest on the surmise that had Lord Gambier done <em>anything</em>
+against the enemy’s ships aground, <em>the destruction
+of the British force must have been the consequence</em>. That
+is, <em>by doing nothing the enemy’s ships were destroyed;
+though by doing anything our own would have been in
+danger</em>!!!</p>
+
+<p class='c001'>The subjoined chart B will show, at a glance, the
+whole affair.</p>
+
+<div class='plate'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>CHART B</div>
+ </div>
+</div>
+
+<hr class='c026'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>ISLE D’AIX AND LES PALLES,</div>
+ <div class='c000'><span class='small'>Being a tracing from the official French Chart, and showing the positions of the enemy’s ships as they lay ashore on the morning of the 12th of April 1809, previous to their escape.</span></div>
+ </div>
+</div>
+
+<div id='chartB' class='figcenter id003'>
+<a href='images/i_101fp_large.jpg'><img src='images/i_101fp.jpg' alt='' class='ig001'></a>
+<div class='ic003'>
+<p><span class='small'>London: Richard Bentley: 1860.</span></p>
+</div>
+</div>
+
+</div>
+
+<div class='quote'>
+
+<p class='c001'><span class='fss'>A.</span> <i>Ocean</i> three-decker and group on the north-west edge of the
+Palles Shoal. These were permitted to escape.</p>
+
+<p class='c001'><span class='fss'>B.</span> <i>Calcutta</i>, captured by the <span lang="fr"><i>Impérieuse</i></span> and set on fire.</p>
+
+<p class='c001'><span class='fss'>C.</span> <span lang="fr"><i>Ville de Varsovie</i></span>, hauled down her colours to the assisting
+ships. Afterwards burned.</p>
+
+<p class='c001'><span class='fss'>D.</span> <span lang="fr"><i>Tonnerre</i></span>, ditto, ditto.</p>
+
+<p class='c001'>The last three were destroyed <em>on the falling tide</em>, but no others!
+These being the only enemy’s ships which, after the escape of the
+other four, remained assailable.</p>
+
+<p class='c001'><span class='fss'>E.</span> The position taken up by the <span lang="fr"><i>Impérieuse</i></span>, she being at the
+time of the arrival of the assisting force engaged with the <i>Calcutta</i>,
+and with the other two ships.</p>
+
+<p class='c001'><span class='fss'>F.</span> Position of the British ships sent in after the <i>Ocean</i> and group
+had warped off, viz. within pistol shot of the sand on which the
+escaped ships lay till 1 p.m. aground.</p>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_102'>102</span>The best comment, perhaps, on the whole affair of
+Aix Roads is what had previously been effected with a
+less force than that under Lord Gambier, and when
+the fortifications were perfect. The subjoined historical
+facts should for ever put an end to all controversy on
+the subject, and at the same time to the untenable
+defence set up at this memorable court-martial.</p>
+
+<div class='quote'>
+
+<p class='c001'>“A well-planned and vigorous attack on the coast of
+France being in 1757 much desired, with a view to give a
+decisive blow to the marine of that kingdom (<em>the very purpose
+for which Lord Gambier was sent, and which Lord
+Mulgrave especially impressed on me</em>), a fleet was ordered to
+be got in readiness, under the command of Sir E. Hawke,
+Rear-Admiral Knowles being appointed second in command.
+On the 20th of September the fleet made the Island of Oleron,
+and Sir E. Hawke ordered the Vice-Admiral to proceed to
+Basque Road, to stand in <em>as near</em> to Ile d’Aix as the pilot
+would carry him, with such ships of his division as he thought
+necessary, and <em>to batter the fort, until the garrison should
+either abandon it or surrender</em>.”</p>
+
+<p class='c001'>“On the 22nd of September the fleet entered the bay
+called the Road of Basque, between the islands of Rhé and
+Oleron. <em>About eight the next morning</em> Admiral Knowles
+in the <i>Neptune</i>, with the <span lang="fr"><i>Magnanime</i></span>, <span lang="fr"><i>Barfleur</i></span>, <i>America</i>,
+<span lang="fr"><i>Alcide</i></span>, <i>Burford</i>, and <i>Royal William</i>, <em>made sail towards
+Aix</em>. Captain Howe (<em>afterwards Earl Howe</em>) in the <span lang="fr"><i>Magnanime</i></span>
+led the van. At <em>half-past twelve</em> the fort upon the
+island began to fire, but he continued to advance without
+exchanging a single shot, continually urging his pilot to lay
+his ship as close to the fort as possible. <em>He dropped his
+anchor under the very walls.</em> It was, however, near an hour
+before the fort struck its colours.” (<cite>Biographical Memoir
+of Earl Howe in the Naval Chronicle</cite>, vol. i. 1799; see also
+<cite>Campbell’s Lives of the Admirals</cite>.)</p>
+
+</div>
+
+<p class='c001'>This was the very fort, only now <em>in ruins</em>,—or to
+<span class='pageno' id='Page_103'>103</span>use Lord Gambier’s words, “<em>no obstacle, from the dilapidated
+condition of the fortifications</em>”—that his lordship
+adduced as a reason for not endangering the
+British fleet by exposing the ships to its fire. Admiral
+Harvey had perhaps Lord Howe’s exploit in his
+mind’s eye when he told Lord Gambier to his face
+that “had Nelson been there, he would not have
+waited for fire-ships, but would have dashed at once at
+the enemy;” an assertion of which there can be no
+doubt, though poor Harvey was dismissed the service
+for this and similar opinions.</p>
+
+<p class='c001'>Another extract, from Lord Clarendon’s remarks on
+Admiral Blake, shall close the subject.</p>
+
+<div class='quote'>
+
+<p class='c001'>“He despised those rules which had been long in practice,
+to <em>keep his ship and men out of danger, which had been
+held in former times a point of great ability and circumspection;
+as if the principal art requisite in the captain of
+a ship had been to be sure to come home safe again</em>! He
+was the first man who brought ships to contemn <em>castles on
+shore</em>, which had been thought ever very formidable, and
+were discovered by him to <em>make a noise only, and to fright
+those who could be rarely hurt by them</em>.” (<span class='sc'>Clarendon’s</span>
+<cite>History of the Rebellion</cite>.)</p>
+
+</div>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_104'>104</span>
+ <h2 class='c006'>CHAP. XXVIII.<br> <br> THE VOTE OF THANKS.</h2>
+</div>
+
+<p class='c014'>MY MOTION FOR MINUTES OF COURT-MARTIAL.—MR. TIERNEY’S OPINION
+RESPECTING THEM.—MR. WHITBREAD’S VIEWS.—THE MINUTES INDISPENSABLE.—MR.
+WILBERFORCE ON THE SAME POINT.—LORD GREY’S
+OPINION OF THE MINISTRY.—THE VOTE OF THANKS LEAVES OUT MY
+NAME, YET THE CREDIT OF THE AFFAIR GIVEN TO ME.—INCONSISTENCY
+OF THIS.—I IMPUGN THE DECISION OF THE HOUSE.—SIR
+FRANCIS BURDETT’S OPINION.—MR. WINDHAM’S.—LORD MULGRAVE
+TURNS ROUND UPON ME.—HIS LORDSHIP’S MISREPRESENTATIONS.—YET
+ADMITS THE SERVICE TO BE “BRILLIANT.”—LORD MULGRAVE
+REBUKED BY LORD HOLLAND.—EARL GROSVENOR’S VIEWS.—LORD
+MELVILLE HITS UPON THE TRUTH, THAT I, BEING A JUNIOR OFFICER,
+WAS LEFT OUT.—VOTE OF THANKS IN OPPOSITION TO MINUTES.—THE
+VOTE, THOUGH CARRIED, DAMAGED THE MINISTRY.</p>
+
+<p class='c022'>From this time forward I never trod the deck of a
+British ship of war at sea, as her commander, till
+thirty-nine years afterwards I was appointed by her
+present most gracious Majesty to command the West
+India squadron; the greater portion of the interval
+being marked by persecution of which the court-martial
+on Lord Gambier was only the starting-point.</p>
+
+<p class='c001'>The commencement of the parliamentary session in
+1810, was remarkable for its votes of thanks, and the
+refusal of all information which might justify them.
+This led Lord Milton to declare in the House of Commons,
+that “votes of thanks, from their frequency, had
+lost their value, and ceased to be an honour. They
+had got so much into the habit of voting thanks that
+it was almost an insult not to vote them.” (Feb. 1st.)</p>
+
+<p class='c001'>On the 25th of January 1810, Lord Grenville adverted
+<span class='pageno' id='Page_105'>105</span>in the House of Lords to notice of motion for
+a vote of thanks to Lord Gambier, for <em>his</em> services in
+destroying the enemy’s ships in Basque Roads; and
+observed that as the last intimation on the journals
+respecting Lord Gambier was his arrest, it would be
+necessary that the <cite>Minutes</cite> of the court-martial should
+be laid before the House, in order to enable it to judge
+of the necessity for a vote of thanks. To this Lord
+Mulgrave strongly objected, on the ground that it
+“would appear as if it was wished to retry the case.”
+Laying the sentence of acquittal only before the House,
+said his lordship, would be “sufficient to render their
+proceedings regular, and would answer all the purposes
+of the noble lord.” With this the House was obliged
+to be content, though how that sentence had been
+obtained the reader is now made aware.</p>
+
+<p class='c001'>On the 29th of January, in pursuance of notice previously
+given, I made a motion for the production of
+the <em>minutes of the court-martial</em> in the House of Commons;
+as being, from the extraordinary discrepancy
+between the nature of the evidence and the sentence,
+absolutely necessary, in order to enable members fairly
+and impartially to decide whether the thanks in contemplation
+of ministers <em>were due</em> to Lord Gambier for
+the part he took in what had been by them denominated
+a victory in Basque Roads.<a id='r52'></a><a href='#f52' class='c016'><sup>[52]</sup></a></p>
+
+<p class='c001'>In support of this production of the minutes, I
+adverted to a previously expressed opinion of the
+<span class='pageno' id='Page_106'>106</span>Chancellor of the Exchequer (Mr. Perceval), that
+Lord Gambier had been honourably acquitted, but
+that an officer’s having done no wrong <em>did not entitle
+him to the thanks of the House</em>; which, if bestowed
+on trifling, or, indeed, on any but brilliant achievements,
+would dwindle into contempt, even with those
+on whom they should be conferred. Votes of thanks
+were already lightly esteemed in the Navy, and I
+pledged myself—if the House would insist on the production
+of the minutes—to prove that “Lord Gambier’s
+defence was contradicted by itself—by his lordship’s
+official letters—and by his own witnesses; many of
+whom, as to essential facts, were at variance with
+themselves and with each other.” Lastly, I undertook
+to prove to the House, that the chart of the 12th of
+April was “in a most material point false—and in
+every respect a fabrication.”</p>
+
+<p class='c001'>I will not inflict on the reader a recapitulation of
+the long discussion which followed, but the opinions of
+some whose names are to this day held in respect are
+too much to the point to be passed over. The opinion
+expressed by Mr. Tierney is so remarkable that I shall
+give it entire as reported.</p>
+
+<div class='quote'>
+
+<p class='c001'>“The question was not as to the noble lord’s (Gambier)
+innocence, but as to his claim to a most distinguishing reward.
+The honours of the House were high things, dear and valuable;
+but dear only because they implied merit, valuable only
+because that merit must be rare. Honours too frequently
+bestowed lost their value, and became signs of nothing but
+the weakness which lavished them, or the worthlessness on
+which they were to be thrown away.</p>
+
+<p class='c001'>“He would vote for the minutes, but in his vote he begged
+to be understood as merely calling for matter to enable him
+<span class='pageno' id='Page_107'>107</span>to shape his opinion. He could mean no slight to Lord
+Gambier. He respected his lordship’s character. He had
+some opportunities of hearing him spoken of, and it was
+always in a high strain of praise and estimation. But he had
+never understood that Lord Gambier took <em>any share</em> of the
+merit of the achievement to himself. <em>He had not approached
+the French fleet nearer than seven miles.</em> Ministers had
+praised Lord Gambier for discretion; <em>he hoped they had not
+intended this</em> as an instance in the enumeration of its proofs.</p>
+
+<p class='c001'>“It became the House to be cautious of being prodigal of
+honours entrusted to their distribution. Lord Cochrane
+ought to be heard; his judgment and character, his signal
+gallantry and signal honours<a id='r53'></a><a href='#f53' class='c016'><sup>[53]</sup></a> deserved the serious attention of
+the House. Even his feelings, led as they were, perhaps,
+astray by an excess of strength and sensibility, deserved all
+the attention which could be paid to them.”</p>
+
+</div>
+
+<p class='c001'>The opinions of Mr. Whitbread are no less remarkable.
+Sir C. Hamilton had said that the reason
+why no more ships were destroyed was solely attributable
+<em>to me!</em> and that he would engage to prove it
+to the House.<a id='r54'></a><a href='#f54' class='c016'><sup>[54]</sup></a> Mr. Wynne also declared, on behalf
+of the Ministry, that the evidence was <em>all on Lord
+Gambier’s side!</em> and opposed to it only my solitary
+evidence. This called up Mr. Whitbread, whose remarks
+are reported as follows:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“The noble lord (Cochrane) had done wrong in returning
+any answer to the application of the Admiralty.<a id='r55'></a><a href='#f55' class='c016'><sup>[55]</sup></a> He ought
+to have told them, as a member of the House of Commons,
+he had no answer whatever to make; and if they thought
+the logs <em>inconclusive</em> why did they not manfully come down
+and try the question in that House?</p>
+
+<p class='c001'><span class='pageno' id='Page_108'>108</span>“The hon. gentleman (Mr. Wynne) talked of the injustice
+of trying an officer in that House! Must not the merits of
+every officer be inquired into when it is proposed to confer
+on him a vote of thanks? Was he not <em>then</em> on his trial?
+Was not that a species of trial to which any officer must
+necessarily be exposed before he could receive the high honour
+of the thanks of Parliament? After a court-martial, by
+which Lord Gambier had been acquitted, did it follow, as a
+matter of necessity that they must grant him the thanks of
+that House? He presumed this by no means followed.</p>
+
+<p class='c001'>“What then was the situation to which the House was
+reduced? The noble lord (Cochrane) had committed himself
+more than he had ever heard man do in that House to prove
+his statements respecting the conduct of Lord Gambier. And
+now a member (Sir C. Hamilton) came forward and said that
+the duty intrusted to Lord Cochrane had not been properly
+executed, and that if it had been he might have done far
+more injury to the enemy’s ships. The hon. baronet (Hamilton)
+said that at the time Lord Cochrane was in command, and
+made signals to the vessels employed under him, ‘<em>some of
+them obeyed and others disobeyed</em> the instructions they received,
+and that those who disobeyed were ultimately successful,
+whilst those who obeyed at the moment failed.’ The
+worthy baronet also added that ‘those who <em>disobeyed</em> the
+signals were promoted, whilst those who <em>obeyed</em> were not.’
+What would become of the subordination of our Navy if our
+officers were to be informed, in any one instance, that those
+who obeyed the instructions of their superior officer were to
+be <em>passed by</em>, while those who disobeyed his signals <em>might
+expect to be promoted</em>!<a id='r56'></a><a href='#f56' class='c016'><sup>[56]</sup></a></p>
+
+<p class='c001'>“From the disagreeable situation in which the House was
+placed on both sides, he thought they must unavoidably have
+the <cite>Minutes</cite>.”</p>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_109'>109</span>Various other opinions were expressed. Mr. Wilberforce
+thought acquiescence in my motion for the
+production of the minutes “most important, as throwing
+a <em>stigma on all the members of the court-martial</em>;”
+which was true enough, one of my objects being to
+show that the influence of a corrupt government had
+been used to vitiate a tribunal upon which the very
+safety of the Navy depended. How far I should have
+succeeded in this may be left to the reader’s judgment.<a id='r57'></a><a href='#f57' class='c016'><sup>[57]</sup></a></p>
+
+<p class='c001'>Mr. Ponsonby would not agree to the motion because
+its adoption would be a violation of the fundamental
+principles of jurisprudence. Sir Francis Burdett
+said, that “Lord Gambier’s plan seemed to be a
+desire <em>to preserve his fleet</em>—my plan, to destroy the
+enemy’s fleet. He had never heard that the articles
+of war held out an instruction to preserve the fleet.
+What if Nelson, at the Nile or Trafalgar, had acted
+on this principle? He had never heard that Lord
+Gambier, in the affair of Basque Roads, pretended to
+have done any hard, or even important service. His
+only merit seemed to consist in what he omitted to
+do.”</p>
+
+<p class='c001'>Having thus been put on my defence by direct accusation
+on the part of a Ministerial supporter that I had
+not done my duty, I implored the House to give me an
+opportunity, not only of defending myself, but of laying
+bare matters of more importance to the country than
+either my judgment or character. I again pledged myself
+to prove all I had asserted, and to stake everything
+<span class='pageno' id='Page_110'>110</span>that was valuable to man on the issue, at the same time
+telling the House that, if the minutes were granted, I
+would expose such matters as might make the country
+tremble for its safety—and entreating it well to consider
+that there was another tribunal to which it was answerable,
+that of posterity, which would try all our actions
+and judge impartially.</p>
+
+<p class='c001'>Neither argument nor a sense of justice availed, and
+the word “<em>sentence</em>” was substituted for “<cite>Minutes</cite>,”
+in an amendment carried by a large majority of the
+faction, in that day dependent on and wielded by
+Ministers—of whose general conduct Lord Grey, in
+the opening debate of the session, thus thought it necessary
+to express himself:—“He was glad to find from
+the humble and chastened tone of Ministers that they
+<em>appeared to feel some remorse for the numerous miseries
+which, by their imbecility and misconduct they had inflicted
+on their country. Had it been otherwise, he should
+have supposed the Almighty vengeance was hanging over
+this nation, and that therefore the hearts of its rulers had
+been hardened in proportion as their understandings were
+darkened.</em>” This merited censure from one of the great
+lights of that day and of all time, passed unheeded in
+the conduct of the session, which outdid its predecessors
+in acts of subserviency to the faction in power by whose
+supremacy it was felt that the rotten-borough interest
+could alone maintain itself against the national execration
+which was now beginning to make itself heard.</p>
+
+<p class='c001'>At the conclusion of the preliminary debate, the
+Chancellor of the Exchequer rose to move a vote of
+thanks to Lord Gambier for <em>his eminent services in
+<span class='pageno' id='Page_111'>111</span>destroying the French fleet</em> in the Basque Roads! My
+name, as having effected anything, was <em>purposely and
+very ingeniously left out!</em> but warm thanks were accorded
+to those who directed the fireships,—not against
+the enemy, but against the banks of the Boyart and
+Palles shoals!</p>
+
+<p class='c001'>The passage in the vote of thanks is curious: “for
+their gallant and highly meritorious conduct on this
+glorious occasion, <em>particularly marked by the brilliant
+and unexampled success of the difficult and perilous
+mode of attack by fireships, conducted under the immediate
+direction of Captain Lord Cochrane</em>!” Yet
+Lord Gambier stated in his defence, “The success of
+the first part of the enterprise arose from the terror
+excited by the <em>appearance</em> of the fireships! <em>as they
+failed in the principal effect they were intended to
+produce</em>.” (<cite>Minutes</cite>, p. 131.) If the House had been in
+the possession of the minutes of the court-martial,
+would they have voted thanks to officers of whom the
+Commander-in-chief says that they “<em>failed in their
+object</em>”? Not a word of thanks to me for having conducted
+it, but to the Commander-in-chief, then twelve
+miles off, his only merit consisting in coming three miles
+nearer, anchoring out of gunshot—and to men whom a
+ministerial supporter had praised by saying they had
+been promoted for “<em>disobeying my signals</em>!” And this
+though the First Lord of the Admiralty had offered me
+his own regiment—a squadron of frigates, with <span lang="fr"><i>carte
+blanche</i></span> to do what I pleased with them—and a vote of
+thanks, conjointly with Lord Gambier, if I would not
+offer any opposition!</p>
+
+<p class='c001'><span class='pageno' id='Page_112'>112</span>The value of such a vote under such circumstances
+had been rightly estimated, even by those who acquiesced
+in it. The value of the service rendered was
+paltry, in comparison with what it ought to have been;
+and the vote, either to myself or my superiors, would
+have been worthy of it. I had from the first refused
+to have my name coupled with such pretence, as a
+fraud on national honours.</p>
+
+<p class='c001'>Yet, leaving me altogether out of the vote of thanks,
+so long as thanks were voted, and giving them to the
+Commander-in-chief and the officers under “my immediate
+direction,” was a specimen of party spite
+so transparent that it could deceive nobody. The
+Chancellor of the Exchequer, either ashamed of his
+subject, or forgetting the purpose in hand, most unaccountably
+gave me in his harangue <em>the credit of the
+whole affair</em>! He could only have done this from two
+motives. Either he was too much a gentleman to
+permit his personal honour to be trampled under foot
+by his colleagues, or he could not have read the vote
+of thanks till he came to it at the conclusion of his
+speech. There is, however, a third hypothesis. The
+subjoined eulogy might have been pronounced to blind
+the House.</p>
+
+<div class='quote'>
+
+<p class='c001'>“The attack having thus recommenced on the night of
+the 13th successively<a id='r58'></a><a href='#f58' class='c016'><sup>[58]</sup></a> was followed up on the next day by
+the noble lord (Cochrane)<a id='r59'></a><a href='#f59' class='c016'><sup>[59]</sup></a> with peculiar gallantry. The
+<span class='pageno' id='Page_113'>113</span>consequence was that no less than three sail of the line and
+a fifty-gun ship were completely destroyed. The House
+would not, therefore, he trusted, be disposed to refuse its thanks
+<em>for eminent services when performed under such great
+peril and risk</em>, whilst the enemy were possessed of the protection
+of their own batteries<a id='r60'></a><a href='#f60' class='c016'><sup>[60]</sup></a>, and other advantages which
+they could bring into play for the security of their own
+vessels. <em>It was an enterprise of great and peculiar hazard
+and difficulty.</em> The result had been highly injurious to the
+enemy, and had the effect of not only disabling but of removing
+the enemy’s whole squadron from the possibility of
+being for a considerable time available for the purposes of
+the naval campaign. <em>Was not this an object of great
+magnitude?</em>”</p>
+
+</div>
+
+<p class='c001'>From this speech it is clear that the Chancellor of
+the Exchequer considered that the whole success was
+attributable to my exertions, and it is no less apparent
+that he contemplated my being included in the vote of
+thanks.</p>
+
+<p class='c001'>Then why leave me out of the vote of thanks, and
+give thanks to those who had nothing to do with this
+“<em>work of great magnitude</em>?”</p>
+
+<p class='c001'>Lord Mulgrave made no such blunder in the House
+of Lords, nor even mentioned my name <em>except in
+terms of reprobation</em>—possibly because I refused his
+lordship’s temptation of a squadron and a regiment to
+hold my peace! Yet it may be that the Chancellor
+of the Exchequer made no mistake. His eulogy
+might have been merely intended to appeal to
+the popular ear, whilst contemptuously excluding me
+<span class='pageno' id='Page_114'>114</span>from the vote. Be this as it may, the trick succeeded,
+and my voice was drowned amidst the clamour
+of faction, as were the voices of those who supported
+me in the House.</p>
+
+<p class='c001'>Still I was not disposed to allow the vote to pass
+without further protest. I again warned the House
+that “even their verdict was not conclusive upon
+character, but that there was another tribunal to
+which even that House was amenable, and that the
+public would one day exercise a judgment, even
+though the House might shrink from a just decision.
+I inquired what portion of Lord Gambier’s exploit
+merited thanks, or what had been the nature of his
+exploit? He lay at a distance—never brought his
+fleet to the place of action, or even within danger, and
+yet for such supineness he was to receive the highest
+honours of his country! The ground taken by ministers
+was frivolous—that where the subordinates
+admittedly deserved the praise, the superiors must
+receive it. The public <em>would one day read the
+minutes, though the House would not. The public
+would judge from the facts, though the House would
+not. The public would not submit to have its eyes
+bound because the House chose to keep theirs shut.</em>
+Let a single reason be adduced for this vote of thanks,
+and I was ready to vote for it—but the <em>reasons</em> which
+had been obtruded on the House were unworthy the
+name of <em>arguments</em>.”</p>
+
+<p class='c001'>Sir John Orde, of all the supporters of the ministry,
+gave the only honest reason for his vote in favour
+of Lord Gambier, though probably his argument might
+<span class='pageno' id='Page_115'>115</span>not pass current at the present day. It was this:—“As
+thanks to his Lordship have been proposed, I shall
+vote for them, because I entertained this opinion of
+Lord Gambier’s conduct before the prorogation of
+Parliament, <em>and their Lordships of the Admiralty appeared
+to do the same</em>!!” Poor Sir John! He must
+have had better reasons for his arguments than arguments
+for his reasons.</p>
+
+<p class='c001'>A few more reasonable opinions than that of worthy
+Sir John shall be transcribed <span lang="la"><i>verbatim</i></span>, and first those
+of Sir Francis Burdett:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Sir Francis Burdett wished to know whether the service
+of Lord Gambier was worth the thanks of Parliament, even
+admitting it to have all the value attributed to it by anything
+but the unblushing and profuse spirit of ministerial favouritism.<a id='r61'></a><a href='#f61' class='c016'><sup>[61]</sup></a>
+He would not ask whether, on the other hand, there
+was not the full and decided testimony of a man competent
+to give his judgment, and of whose admirable valour and
+good fortune the House and the nation had but one opinion?
+He felt that in making these observations he might be treading
+on perilous ground. He was probably bringing on himself
+some charitable retorts, particularly those of a gentleman
+whose charity was of a very peculiar nature. But he was
+careless about such remarks; for though he deprecated that
+person’s charity, he would not shun but would rather court
+his hostility.<a id='r62'></a><a href='#f62' class='c016'><sup>[62]</sup></a></p>
+
+<p class='c001'>“Had there been anything said to make out a reason of
+the vote demanded? Where was the evidence of the Commander-in-chief’s
+<span class='pageno' id='Page_116'>116</span><em>intrepidity or skill? Of that boldness
+which bursts its way through all obstacles? Of that genius
+before which obstacles vanish?</em> In place of this, the House
+was insulted with a dry catalogue of negatives, and an account
+as to how the noble Admiral inspected the action <em>at a distance
+of seven miles</em>.<a id='r63'></a><a href='#f63' class='c016'><sup>[63]</sup></a> The question had been treated lightly;
+but levity was unbecoming the grave matter for their
+deliberation.”</p>
+
+</div>
+
+<p class='c001'>Mr. Windham said:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“The thanks of that House did not deserve to be lavished
+on any man, unless his services were of that rank which forced
+itself into universal report and universal admiration. It was
+not to be evolved in some obscure process of official chemistry,
+not to be drawn out under bundles of obscure records,
+not to be elicited by any keen, cunning, recondite, subtilising
+process<a id='r64'></a><a href='#f64' class='c016'><sup>[64]</sup></a> beyond the practice or perception of the general
+mass of mankind. To be praised, it must be known; to
+become matter of thanks, it must be matter of public fact.</p>
+
+<p class='c001'>In voting thanks it was time to pause. These old rewards
+had become worthless. It had been said that nothing was
+left but the peerage, and even of that high honour ministers
+had been most lavish. This was the natural process when
+there was no distinct scale of merit and reward. It was high
+time to stop. They had in their hands the great provision
+for national virtue. They had the honours of the country
+intrusted to them, and it became them as legislators not to
+suffer its streams to be idly diverted, nor to be prodigally
+and profusely poured forth to slake the thirst of undeserving
+ambition, still panting, still insatiable.”</p>
+
+</div>
+
+<p class='c001'>Argument and fact were alike unavailing, and Sir
+John Orde’s extraordinary reasons and opinions prevailed.
+To 161 of the Admiralty opinion, only 39
+<span class='pageno' id='Page_117'>117</span>could be found alive to a true sense of legislative
+dignity or functions.</p>
+
+<p class='c001'>A few remarks on what passed in the House of
+Lords, where similar thanks were voted, are necessary.</p>
+
+<p class='c001'>Lord Mulgrave said that it was with great surprise
+that he first heard that a noble lord serving under the
+noble Admiral, and a member of another House, had
+intimated his intention to oppose the vote of the House
+of Commons, on the ground that his commander had
+not done his duty to <em>the utmost</em>. Lord Mulgrave, of
+course, alluded to my conversation with him nine
+months before, though I never said anything of the
+kind to his Lordship. What I said was, “that the
+Commander-in-chief had not done anything deserving
+the thanks of Parliament.” Had the <cite>Minutes</cite> been
+allowed to be produced in either House, this would
+have been proved beyond question, in spite of the
+<em>sentence of acquittal</em>, which was alone laid on the table.</p>
+
+<p class='c001'>Lord Mulgrave was no less unjust in attempting
+to convince the peers that I had done nothing but carry
+out <em>Lord Gambier’s plan of fireships</em>; referring them
+to Lord Gambier’s letter of March 19th, 1809, in
+which, instead of recommending an attack by fireships,
+Lord Gambier had denounced such an attempt
+as “<em>hazardous, if not desperate</em>,”<a id='r65'></a><a href='#f65' class='c016'><sup>[65]</sup></a> as would have appeared
+had the minutes of the court-martial been laid
+before them.</p>
+
+<p class='c001'>Mine, as explained in the first volume, was not an
+attack by fireships alone, for such an attack could only
+have ended in the boarding of the fireships by the
+<span class='pageno' id='Page_118'>118</span>enemy’s row-boats, and the murdering of the crews.
+It was an attack by means of explosion-vessels, which
+should impress the enemy with the idea that every fireship
+was similarly charged, so as to have the effect of
+deterring them from boarding, and thus, the fireships,
+had they been properly directed, must have done their
+work in spite of the enemy’s row-boats.</p>
+
+<p class='c001'>Yet Lord Mulgrave followed Lord Gambier in this
+“<span lang="la"><i>suppressio veri</i></span>.” On the very day Lord Gambier had
+<em>not</em> recommended the use of fireships—though Lord
+Mulgrave’s speech would lead the House, in the absence
+of the minutes of the court-martial, to infer that he
+<em>had</em> recommended their use—the Commander-in-chief
+had stated that an attack with fireships would be
+“<em>hazardous, if not desperate</em>.” A curious way, truly, of
+recommending the use of fireships; though, had he
+recommended them, they would have been of no use
+without the explosion-vessels, the terror created by
+which formed the very essence of my plan, and was
+the sole cause even of the trifling success gained. Again,
+said Lord Mulgrave:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Lord Cochrane arrived at Plymouth. He had on a
+former occasion been employed in blockading Rochefort, and
+was acquainted with the coasts. He was, therefore, consulted,
+and <em>spoke with greater confidence of the success of the attempt
+than those who wrote from that quarter</em>, It was not,
+however, merely the zeal and <em>desire of execution</em> he showed,
+but also the talent he displayed in meeting the objections
+<em>started by naval men</em>, which induced the Admiralty to
+employ his Lordship.”</p>
+
+</div>
+
+<p class='c001'>This representation was thoroughly incorrect. So
+far from there being any “desire of execution” on
+<span class='pageno' id='Page_119'>119</span>my part, I tried every means in my power to avoid
+being intrusted with the execution of my own—not
+Lord Gambier’s,—plans as Lord Mulgrave insinuated.
+He, however, unconsciously admitted that other naval
+men “started” such objections, that they could not
+be got to undertake an attack with fireships, and
+therefore the duty was <em>thrust</em> on me, with the addition
+of the explosion-vessels I had suggested, thus convincing
+the Admiralty Board that an attack, on my
+plan, was both easy of execution and certain in its
+result. Lord Mulgrave’s expression of “those who
+wrote from that quarter,” viz Lord Gambier, showed
+that the Commander-in-chief had <em>no confidence</em> in fireships.
+Neither had I, unless accompanied by my plan
+of explosion-vessels.</p>
+
+<p class='c001'>Still persisting that this was an attack by fireships
+merely, Lord Mulgrave told the House that it was
+nothing new, which was the case, if the explosion-vessels
+were left out, but that—</p>
+
+<div class='quote'>
+
+<p class='c001'>“In the course of the last century there were two services
+performed by fireships; the first in 1702 at Vigo, and the
+second off Minorca in 1792. But <em>what was the present
+service</em>? Recollect, a fleet protected by <em>shoals and currents</em>,
+in sight of their own coast, and in presence of their countrymen.
+<em>Nothing in the annals of our Navy was more
+brilliant!</em>”</p>
+
+</div>
+
+<p class='c001'>Who, then, performed that “<em>brilliant</em>” service, than
+which nothing could be more satisfactory? Lord
+Mulgrave told the House that Lord Gambier did,
+<em>whilst lying with his fleet nine miles off</em>, and reluctantly
+sending two line-of-battle ships and some frigates to my
+<span class='pageno' id='Page_120'>120</span>“assistance,” when almost too late to rescue me from
+the dilemma into which, in sheer despair of anything
+being done, I had voluntarily rushed, with the determination
+that if my frigate was sacrificed, while he
+was calmly looking on, he should take the consequences,
+and what they would have been I need not say. It
+was this act of mine, and this only, which caused the
+paltry service to be effected of destroying two line-of-battle
+ships and a store ship, instead of the whole
+enemy’s fleet!</p>
+
+<p class='c001'>Lord Mulgrave’s statements were severely rebuked
+by Lord Holland:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Lord Holland represented in strong terms the light in
+which ministers placed themselves before Parliament and the
+country by coming forward, so hastily in the first instance to
+procure thanks, and then suddenly sending Lord Gambier to
+a court-martial <em>with the thanks on their lips</em>. He thought
+that in a case of parliamentary thanks the case should be
+<em>clear and strong</em> to receive such a reward. What said Lord
+Cochrane in his reply to the Admiralty?<a id='r66'></a><a href='#f66' class='c016'><sup>[66]</sup></a> ‘<em>Look at and sift
+the log-books!</em> and not ask me for accusations.’ He (Lord
+Holland) condemned the precipitancy of ministers, who by
+their measures had endeavoured to <em>stultify the House as they
+had already stultified their own administration</em>.</p>
+
+<p class='c001'>“After sending Lord Gambier through the ordeal of a
+court-martial, Lord Mulgrave now came down, pronounced
+his praises, and called upon the House to vote him their
+thanks! It was not in this manner that the French government
+conducted itself towards their admirals and generals.
+They instituted a very severe inquiry as to this affair at
+Basque Roads, and many of their commanders were most
+severely punished.<a id='r67'></a><a href='#f67' class='c016'><sup>[67]</sup></a> They did not give thanks to General
+<span class='pageno' id='Page_121'>121</span>Monnet for his defence of Flushing, but, on the contrary,
+censured his conduct most severely.<a id='r68'></a><a href='#f68' class='c016'><sup>[68]</sup></a></p>
+
+<p class='c001'>“If the barren thanks of both Houses of Parliament were
+<em>often to be voted in this way, they would soon cease to be of
+any value</em>. The noble Lord (Mulgrave) had said a great
+deal about the battle of Talavera, and the resistance made to
+the vote of thanks in that instance. Now it did not appear
+to him (Lord Holland) that the battle of Talavera could
+have anything to do with the action of Basque Roads or
+with the conduct of Lord Gambier. But if resistance to the
+vote of thanks to Lord Wellington were adduced as a proof
+of party motives, it might well be considered a proof of
+party spirit on the other side to bring forward motions of
+thanks for services of such a description as were those of
+Lord Gambier.”</p>
+
+</div>
+
+<p class='c001'>The remarks of other noble lords were more to the
+purpose:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Earl Grosvenor did not think the services of Lord Gambier
+of such a nature as to require the particular thanks of
+the House. He thought such should only be given on very
+signal and important victories. Nobody could doubt they
+were due to Lord Howe for his victory on the 1st of June,
+to Lord Duncan for his victory at Camperdown; to Lord St.
+Vincent for his glorious achievements near the cape which
+gave him his title, or to the immortal Nelson for the
+splendid exploits with which he had adorned our naval history.
+<span class='pageno' id='Page_122'>122</span>These were things which spoke for themselves, and
+nobody could doubt the propriety of voting thanks, as it
+were, by acclamation. He thought, however, <em>the services of
+Lord Gambier were of a very inferior description, and
+called for no such reward</em>.”</p>
+
+<p class='c001'>“Earl Darnley had no objection to the vote of thanks,
+but at the same time he thought the present vote one of the
+efforts now too often resorted to <em>to throw a false lustre on
+the Government</em>. To compare the services rendered by Lord
+Gambier at Basque Roads with the battles of the Nile or
+Trafalgar would be the height of presumption!”</p>
+
+</div>
+
+<p class='c001'>Lord Darnley was right; the vote itself, no less
+than the assumption of victory, where, through the pusillanimity
+of the Commander-in-chief, none had been
+achieved, had no other object than to “throw a false
+lustre upon a Government” powerful in rotten-borough
+influence, but justly mistrusted by all besides, whether
+in Parliament or out of it. Because I acted practically
+and conscientiously on these sentiments, I have been
+marked through life an object of party malevolence.</p>
+
+<p class='c001'>However dexterous might be the ministerial legerdemain
+which could convert into victory the admitted
+intention of the Commander-in-chief <em>not to fight</em>,<a id='r69'></a><a href='#f69' class='c016'><sup>[69]</sup></a> Lord
+Melville alone exposed the real secret of the matter:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Lord Melville conceived the Admiralty to have acted
+extremely wrong in giving to Lord Cochrane a command so
+contrary to the usual rules of the service, and which must
+have been so galling and disgusting to the feelings of other
+officers in Lord Gambier’s fleet. He respected as much as
+any man could the zeal, intrepidity, and enterprise of Lord
+Cochrane, but it was wrong to presume that these qualities
+<span class='pageno' id='Page_123'>123</span>were wanting in officers of that fleet of superior standing to
+his Lordship. Such a selection naturally put Lord Cochrane
+upon attempting enterprises whereby great glory might be
+obtained.”</p>
+
+</div>
+
+<p class='c001'>Here lies the gist of the whole matter. Had I
+devised the plan of attack, and had the Board of Admiralty
+acceded to my earnest wish, and left it to my
+seniors to execute, or had I persisted in my determination
+to refuse a command which the Admiralty
+literally forced upon me, all would have been well.
+Even had Lord Mulgrave fulfilled his promise of satisfying
+the <span lang="fr"><i>amour-propre</i></span> of the fleet—which he neither
+did nor intended to do—all might have been well. As
+it was, I was exposed to the full amount of hostility
+which formed my reason for declining the command
+in the first instance.</p>
+
+<p class='c001'>It was felt—as Admiral Austen plainly says—by
+the officers of the fleet in Basque Roads, that a decisive
+victory would elevate me in national estimation over
+my seniors, as it unquestionably would have done.
+Lord Gambier was an easy man, and the “shoal and
+current” bugbear was successfully used to bring the
+fleet to an anchor in place of going on to the attack,
+he knowing no better, and having taken no trouble to
+ascertain the fact; in short, confining himself to mere
+blockade. This was the fault of the Commander-in-chief,
+but it did not justify him in bringing forward
+charts made up for the purpose of proving imaginary
+dangers from ruined fortifications and shoals where none
+existed.<a id='r70'></a><a href='#f70' class='c016'><sup>[70]</sup></a> Nor did it justify the evidence of influenced
+<span class='pageno' id='Page_124'>124</span>witnesses to <em>prove</em> danger—in defiance of his Lordship’s
+own admission that <em>no ship suffered injury</em>!<a id='r71'></a><a href='#f71' class='c016'><sup>[71]</sup></a>
+It did not justify his Lordship in assuming many
+things in his defence, which were not in evidence
+at all, and many more things that were totally at
+variance with the evidence contained in the minutes.
+To have declined pushing an advantage to victory, in
+deference to the jealousy of senior officers, was one
+thing; to trump up a story of <em>an old storeship breaking
+up a boom of more than a mile in lineal extent, and
+moored with a hundred anchors, was another</em>.</p>
+
+<p class='c001'>It will now be seen why the Government of that day
+refused the production of <em>“<a id='corr124.13'></a><span class='htmlonly'><ins class='correction' title='minutes'>minutes”</ins></span><span class='epubonly'><a href='#c_124.13'><ins class='correction' title='minutes'>minutes”</ins></a></span></em> of the court-martial,
+almost every page of which would have rendered the defence
+of the Commander-in-chief—or rather that of his
+solicitor, Mr. Lavie, for I will do Lord Gambier the
+justice of believing that he did not write the defence
+read to the Court by the Judge-Advocate—untenable
+for a moment. That the Ministry of that corrupt day
+should have resorted to such a subterfuge can, however,
+scarcely add to the contempt with which history already
+regards them.</p>
+
+<p class='c001'>I told the House of Commons that “<em>posterity would
+judge their acts</em>.” Here, then, is matter for that judgment.
+That it was not made public at the time arose
+from two causes. First, that in those days the bulk of
+the press was influenced by the Ministry; and a jackal
+howl, from one end of the kingdom to the other, would
+have been—and was, the reward of my pains. Secondly,
+that until his Grace the Duke of Somerset gave me, a
+<span class='pageno' id='Page_125'>125</span>few months since, the chart and other official materials
+requisite to lay the matter before posterity, it was not in
+my power to do so; except, as on my previous attempts
+at justification, by assertions, which would have had no
+more effect on the public mind than now would those
+of the factions which persecuted me. As I belonged
+to no party in the House, I found no friends but
+the few who, like myself, stood alone in their independence
+of party. Those were themselves disorganised,
+and deceived by the well-timed eulogy of
+the Chancellor of the Exchequer, into the belief that
+the vote of thanks included me also. The numbers of
+the independent party were, however, as nothing compared
+to the organised masses in power, or eager to
+place themselves in power. The debate was felt to
+have most seriously damaged the party to whom I was
+politically opposed, and that party ever afterwards
+made me a mark for their revenge. In this brief
+sentence may my whole subsequent history be comprised.</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_126'>126</span>
+ <h2 class='c006'>CHAP. XXIX.<br> <br> <span class='small'>REFUSAL OF MY PLANS FOR ATTACKING THE FRENCH FLEET IN THE SCHELDT.</span></h2>
+</div>
+
+<p class='c014'>REFUSED PERMISSION TO REJOIN MY FRIGATE. I AM REGARDED AS A
+MARKED MAN.—NO SECRET MADE OF THIS.—ADDITIONAL CAUSE OF
+OFFENCE TO THE MINISTRY.—THE PART TAKEN BY ME ON THE REFORM
+QUESTION, THOUGH MODERATE, RESENTED.—MOTION FOR PAPERS
+ON ADMIRALTY COURT ABUSES.—EFFECT OF THE SYSTEM.—MODES OF
+EVADING IT.—ROBBERIES BY PRIZE AGENTS.—CORROBORATED BY
+GEORGE ROSE.—ABOMINABLE SYSTEM OF PROMOTION.—SIR FRANCIS
+BURDETT COMMITTED TO THE TOWER.—PETITIONS FOR HIS LIBERATION
+INTRUSTED TO ME.—NAVAL ABUSES.—PITTANCES DOLED OUT
+TO WOUNDED OFFICERS.—SINECURES COST MORE THAN ALL THE
+DOCKYARDS.—MY GRANDMOTHER’S PENSION.—MR. WELLESLEY POLE’S
+EXPLANATION.—OVERTURE TO QUIT MY PARTY.—DEPLORABLE WASTE
+OF PUBLIC MONEY.—BAD SQUIBS.—COMPARISON WITH THE PRESENT
+DAY.—EXTRACT FROM “TIMES” NEWSPAPER.</p>
+
+<p class='c022'>Just at the period of the court-martial on Lord Gambier,
+great national expectations were excited by the
+combined military and naval expedition to Walcheren,
+under the Earl of Chatham and Sir Richard Strachan.
+The object of this armament, the most formidable
+England had ever sent forth, was the capture or destruction
+of the French fleet in the Scheldt, and of the
+arsenals and dockyards of Flushing, Terneuse, and
+Antwerp, at the latter of which ports Buonaparte was
+carrying on naval works with great vigour.</p>
+
+<p class='c001'>The force employed for this purpose comprised
+<span class='pageno' id='Page_127'>127</span>40,000 troops, 35 sail-of-the-line, 2 fifty gun-ships, 3
+forty-four gun-ships, 18 frigates, and nearly 200 smaller
+vessels, besides dockyard craft; the first portion of the
+expedition quitting the Downs on the 28th of July,
+1809, and anchoring the same evening near the coast of
+Walcheren.</p>
+
+<p class='c001'>To the reader acquainted with the views expressed
+in the first volume of this work, it will not be surprising
+that I viewed the departure of this force with
+regret; as had one half of the troops been placed, as
+suggested in my letter to Lord Mulgrave, on the islands
+of the French coast, and had half the frigates alone
+been employed, as had been the <span lang="fr"><i>Impérieuse</i></span> and other
+vessels in the Mediterranean, not a man could have
+been detached from Western France to the Spanish
+peninsula, from which the remaining portion of the
+British army might have driven the French troops
+already there.</p>
+
+<p class='c001'>Full of these views, and knowing that short work
+might be made of the Walcheren expedition, so as to
+liberate both the naval and military force for service
+elsewhere, I laid before the Admiralty a plan for
+destroying the French fleet and the Flemish dockyards,
+somewhat analogous to that which would have
+proved completely effectual in Basque Roads, had it
+been followed up by the Commander-in-chief. My
+new plan had, moreover, received an important addition
+from the experience there gained, and was now
+as formidable against fortifications as against fleets.</p>
+
+<p class='c001'>The first measure of indignation against me for my
+late services to my country was the summary rejection
+<span class='pageno' id='Page_128'>128</span>of my plan, and not only this, but a refusal by
+Admiralty letter, given elsewhere, to proceed to the
+Scheldt to join my frigate, which had been sent there
+under the temporary command of the Hon. Captain
+Duncan, a most excellent and gallant officer.</p>
+
+<p class='c001'>Of the disastrous failure of the Walcheren expedition—the
+destruction of a large portion of the army by
+disease—and the retreat of the remainder, I shall not
+speak; these matters being already well known to
+the student of English history. I will, however, assert—and
+the assertion will be borne out by the plan of
+attack submitted by me to the Admiralty—that had
+my recommendation been adopted, even though not
+carried out under my own supervision, nothing could
+have saved the French fleet in the Scheldt from a similar
+fate to that which had befallen their armament in Aix
+Roads. Even—as with the disaster in Aix Roads fresh
+in remembrance, is probable—had the French fleet in
+the Scheldt taken refuge above Antwerp, it could only
+have placed itself in a <span lang="fr"><i>cul-de-sac</i></span>; whilst there was
+ample military and naval force to operate against the
+dockyards and fortifications during the period that my
+appliances for the destruction of the enemy’s fleet were
+in progress; for I in no way wished to interfere with
+the operations of the general or admiral commanding,
+but rather to conduct my own operations independently
+of extraordinary aid from either.</p>
+
+<p class='c001'>The cost of this plan to the nation would have been
+ten rotten old hulks, some fifty thousand barrels of
+powder, and a proportionate quantity of shells. The
+cost of the expedition, which failed—in addition to the
+<span class='pageno' id='Page_129'>129</span>thousands of lives sacrificed—was millions; and the
+millions which followed by the prolongation of the
+war, by the refusal of the Admiralty to put in operation
+any naval expedition calculated to effect a beneficial
+object—who shall count? So much for war
+when conducted by cabinets! But I was now a
+marked man, and the Government evidently considered
+it preferable that the largest force which England had
+ever despatched from her shores should incur the chance
+of failure in its object, than that the simple and easily
+applied plans of a junior post-captain should again jeopardise
+the reputation of his Commander-in-chief.</p>
+
+<p class='c001'>It was very curious that whilst this animosity was
+being directed against me in my professional capacity,
+I had shortly before received from His Majesty George
+the Third the highest decoration of the order of the
+Bath for my professional services!</p>
+
+<p class='c001'>So little secret did the Government make of their
+determination not to employ me again, that the public
+press regarded this determination as a settled matter.
+It was nothing that I had been instrumental in destroying
+the fleet so much dreaded by our West India merchants
+and the nation generally, or that I had offered
+to serve the French fleet in the Scheldt in the same
+way. I was now an obnoxious man, and the national
+expenditure of millions for defeat, was by the ministry
+of that day deemed preferable to cheap victory if
+achieved by a junior officer, to whom the Chancellor
+of the Exchequer—whilst denying him thanks for the
+service—had attributed the destruction of a fleet
+quite as formidable as the one in the Scheldt.</p>
+
+<p class='c001'><span class='pageno' id='Page_130'>130</span>It may be scarcely credible to the present age that
+the Government should have openly announced such a
+determination. On the principle adopted throughout
+this work, of adducing nothing without proof, it will
+be necessary to place the preceding facts beyond dispute.
+From one of the most talented periodicals of
+the time I extract the following passage: “The worst
+injury which the radical reformers have done the
+country, has been <em>by depriving it of Lord Cochrane’s
+services, and withdrawing him from that career</em> which
+he had so gloriously begun.”<a id='r72'></a><a href='#f72' class='c016'><sup>[72]</sup></a> The pretence was, that
+I had <em>withdrawn myself!</em> at the time I was entreating
+the Admiralty to permit me to return to my frigate!
+This matter will shortly be made very clear.</p>
+
+<p class='c001'>One grave cause of offence to the Ministry, in addition
+to my determination to oppose the vote of
+thanks to Lord Gambier, had been the part I took at
+the famous meeting; held at the Crown and Anchor in
+the Strand. For a junior naval officer in that day
+to associate with such persons as Sir Francis Burdett
+and Major Cartwright was bad enough, but that he
+should <em>act</em> with them was a thing unheard of in the
+naval service.</p>
+
+<p class='c001'>At this meeting many irritating things were said,
+though not by me. The late trial of the Duke of
+York was freely handled, and Colonel Wardle, the
+principal promoter of it, held up to public admiration.
+The “borough-mongering faction,” as it was forcibly
+termed by Sir Francis Burdett, was painted as involving
+the country in perpetual misfortune, and consigning to
+<span class='pageno' id='Page_131'>131</span>hopeless imprisonment all who ventured to expose
+their practices; whilst, it was said, even His Majesty
+could not carry on his fair share of government, being
+compelled to choose his ministers from a faction
+which not only oppressed the people, but controlled
+the King himself.</p>
+
+<p class='c001'>The resolutions moved by good old Major Cartwright
+at this celebrated meeting were at that time
+regarded as treason, though at the present day sound
+doctrine, viz. that “so long as the people were not
+fairly represented corruption must increase—our debts
+and taxes accumulate—our resources be dissipated—the
+native energy of the people be depressed, and the
+country be deprived of its best defences. The remedy
+was only to be found in the principles handed down to
+us by the wisdom and virtue of our forefathers, in a
+full and fair representation of the people in Parliament.”</p>
+
+<p class='c001'>This was perfectly true, and singularly enough, after
+the lapse of fifty-one years, the very same question
+forms the principal feature of the present session of
+Parliament, the debates on the subject in our day
+differing very little from their predecessors of half a
+century ago, if we may credit the following picture
+from a <cite>Times</cite> leader of April 23rd last. “Call Reform
+what you will, it is almost anything you please, except
+legislation. <em>The belligerent parties will fight and cheat
+one another, and both together will cheat the people!</em>”</p>
+
+<p class='c001'>If after a battle of fifty years the people have not
+achieved the victory which early Reformers began, I
+have some right to call on the public to estimate the
+amount of obloquy which befell myself for my volun-
+<span class='pageno' id='Page_132'>132</span>*tary enrolment amongst the combatants on their side;
+and in the belief that the public of the present day
+will do my memory that justice which through life has
+been denied me, I shall not shrink from laying these
+matters before them. If such a picture of our present
+legislators be truly drawn, what must have been that
+of the faction against which I had to contend?</p>
+
+<p class='c001'>The speech made by me at the Crown and Anchor
+was very moderate, and indeed was spoken of by the
+ministerial organs as expressing less of the spirit of
+faction than any which had been delivered on that day.
+The worst part of it, so far as I can recollect, was that
+generally recorded, that “I hoped the time would come
+when ministers would not be employed all day in
+thinking what they were to cavil about all night, and
+all night in useless debate—whereby the real business
+of the country was neglected; so much so indeed, that
+when the newspapers had reached me abroad, I felt
+ashamed at the manner in which the government of
+my country was conducted.”</p>
+
+<p class='c001'>I had even gone further in moderation, though the
+Ministry did not know it, viz. by observing to Sir
+Francis Burdett that I thought he was going <em>too far</em>.
+His reply was characteristic. “My dear Lord Cochrane
+you don’t know ministers. If you wish to get
+anything from them, you must go for a great deal more
+than you want. Even then you will get little enough.”
+“Oh!” replied I, “if those are your tactics, go on,
+I’ll follow.”</p>
+
+<p class='c001'>The real grievance was, however, my support of the
+motions in Parliament which arose from the meetings
+<span class='pageno' id='Page_133'>133</span>at the Crown and Anchor. Mr. Madocks distinctly
+charged the Ministry with trafficking in seats, offering
+to prove to the House that Lord Castlereagh had,
+through the agency of the Honourable Mr. Wellesley,
+been instrumental in purchasing for Mr. Quintin Dick
+the borough of Cashel; and that when in the matter
+of the Duke of York Mr. Dick had determined to
+vote according to his conscience, Lord Castlereagh
+intimated to that gentleman the necessity of voting
+with the Government, or resigning his seat, which
+was accordingly done. The Ministry declined to accept
+the challenge.<a id='r73'></a><a href='#f73' class='c016'><sup>[73]</sup></a></p>
+
+<p class='c001'>The subsequent motion of Mr. Curwen went further.
+But I must not forget that I am writing my autobiography,
+and not political history; I never made pretensions
+to parliamentary eloquence, and shall not
+inflict on the reader my humble efforts, excepting only
+those connected with the naval service.</p>
+
+<p class='c001'>On the 19th of February I moved for certain papers
+relative to the conduct of the Admiralty Court, and as
+my speech on that occasion was sufficiently comprehensive,
+<span class='pageno' id='Page_134'>134</span>I will adduce it with some slight explanations
+indicative of the practices which at that time were in
+full operation:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“If these papers are granted it will be in my power to
+expose a system of abuses in the Admiralty Court unparalleled
+in this country, even exceeding those prevalent in
+Spain under the infamous administration of Godoy.</p>
+
+<p class='c001'>“The whole navy of England was, by the existing system,
+compelled to employ one individual to carry on its business
+before the Admiralty Court; a person perhaps in whose
+competence or honesty they might have no confidence. But
+admitting his ability and integrity to be unquestionable, still
+the thing was preposterous. Would any man like to employ
+an attorney who at the same time did business for the other
+side? Was such a regulation consistent with equity or
+common sense?</p>
+
+<p class='c001'>“Even the personal liberty of naval officers was answerable
+for some seizures, the produce of which notwithstanding went
+to the Crown, and the most abominable compromises sometimes
+took place. Whether the profits of these compromises
+found their way into the pockets of any particular individual
+I was not absolutely sure, but had evidence to presume that
+this was the fact. What indeed could be the design of confining
+the captors to one proctor, except that secrecy as to
+these questionable transactions may be preserved.”</p>
+
+</div>
+
+<p class='c001'>One case was my own. In the first volume of this
+work is narrated the capture of the <i>King George</i> privateer,
+or pirate, for which seizure by any vessel of war
+a reward of 500<i>l.</i> had been issued. The <i>King George</i> in
+part actually belonged to parties connected with the
+Maltese Admiralty Court. As her condemnation was
+unavoidable, she was condemned as a <span lang="fr"><i>droit</i></span> to the
+Crown; and costs to the extent of 600<i>l.</i> were decreed
+against myself, officers, and crew, for having taken
+<span class='pageno' id='Page_135'>135</span>her! A subject which will hereafter have to be further
+alluded to.</p>
+
+<p class='c001'>The effect of this system was to indispose officers to
+look after prizes, and thus many an enemy’s vessel was
+suffered to escape. One of my reasons for harassing the
+French on the coasts of Languedoc and Catalonia was,
+that it appeared more advantageous to effect something
+of service to the country, than to take prizes for no
+better end than to enrich the officers of the Maltese
+Admiralty Court, and at the same time to be ourselves
+condemned in costs for our trouble.</p>
+
+<p class='c001'>Some curious stories might be told of the effect of
+the system. It was my own practice, when any money
+was captured in a prize, to divide it into two portions,
+first, the Admiral’s share, and next our own. We then
+buried the money in a sand-bank, in order that it might
+not be in our possession; and, as opportunity occurred,
+it was afterwards taken up, the Admiral’s share being
+transmitted to him, our share was then distributed at
+the capstan, in the usual proportions. As I never
+made any secret of my own transactions, the Maltese
+officials regarded me with perfect hatred; they, no
+doubt, honestly believing that by appropriating our
+own captures to our own use, we were cheating them
+out of what they had more right to than ourselves!
+By their practices they appeared to entertain one idea
+only, viz. that officers were appointed to ships of war
+for the sole purpose of enriching them!</p>
+
+<p class='c001'>In a case narrated in the first volume, where I had,
+in Caldagues Bay, taken thirteen vessels laden with
+corn for the French army in Barcelona, after having
+<span class='pageno' id='Page_136'>136</span>sunk two small ships of war protecting them—we sold
+the corn vessels and their cargo to the Spaniards for a
+trifle, dividing the dollars amongst us, after sending
+Lord Collingwood his share. We afterwards took the
+vessels of war after raising them to Gibraltar, where I
+purchased one as a yacht. Had I sent those corn
+vessels to Malta, and had them condemned there—in
+place of obtaining anything for the capture, a
+heavy bill of costs for the condemnation of such small
+vessels would have greatly exceeded the sum realised
+by their sale.</p>
+
+<p class='c001'>To return to my address to the House:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“The Navy was paralysed by this corrupt system. The
+most insignificant vessels were condemned at an expense
+equal to that of the largest, so that the condemnation of a
+fishing lugger might be swelled up to the expense of condemning
+an Indiaman, the labour of capture ending in
+nothing but putting money into the proctor’s pocket. As an
+instance within my own knowledge, Moses Griffin, a Jew
+agent at one of the outports, received two thirds out of the
+produce of a vessel, the remaining third being the whole
+share distributed for admiral, captain, inferior officers, petty
+officers, seamen, and marines. What was the effect of such
+a system but to paralyse the Navy? It prevented exertion
+on the part of the officers. Could it possibly be necessary to
+have 120 ships of the line in commission to blockade twenty-three
+ships of the enemy, if proper exertions were made. To
+insure alacrity in harassing the shipping and commerce of
+the enemy, the abuses of the Admiralty must be stopped,
+and nothing else would be effectual.”</p>
+
+</div>
+
+<p class='c001'>A more startling practice was the following:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“The commerce of the enemy was carried on to an immense
+extent by a system of licenses, which permitted the
+<span class='pageno' id='Page_137'>137</span>enemy to trade where they pleased. These licenses, issued
+by us, <em>formed an article of common sale</em> in Hamburgh and
+other places, and by means of such licenses the enemy’s ships
+were seen coasting along by hundreds in perfect security,
+even filling the river Thames, contrary to the Navigation
+Act! We were thus raising up sailors for Buonaparte, <em>to
+whose commerce and navy our ministers were the best
+friends</em>.”</p>
+
+</div>
+
+<p class='c001'>My representations were met by Sir William Scott,
+the Judge of the Admiralty Court, with the inquiry as
+to “how that Court could possibly be answerable for
+the accounts of the agents on which I had founded my
+invectives? Lord Cochrane was a prompt accuser, but
+an unfortunate one, and he pledged his credit these
+accusations would prove as unfortunate as any that had
+preceded them.”</p>
+
+<p class='c001'>Unluckily for Sir William Scott’s allusion to my “unfortunate
+habit of making unfounded accusations,” Mr.
+Rose, the treasurer of the Navy, got up and officially
+confirmed my statements, by admitting the abuses complained
+of!</p>
+
+<div class='quote'>
+
+<p class='c001'>“This evil,” said Mr. Rose, “had been so strongly represented
+to him, that soon after he had become treasurer to
+the Navy he had bestowed many days and nights in its investigation.
+The result was, that <em>he had before him no less
+than 153 cases, nine out of which were now before the judge
+of the Admiralty Court</em> (Sir W. Scott himself!) <em>in consequence
+of the enormous charges which their accounts contained</em>. In
+one case the charges of an agent at Portsmouth, who had
+62,000<i>l.</i> to distribute, <em>amounted to 9462l., of which 1200l.
+was stated to be for postage</em>!”</p>
+
+</div>
+
+<p class='c001'>Mr. Rose recommended me to alter my motion, and
+to move for papers relative to a particular ship. I
+<span class='pageno' id='Page_138'>138</span>took this advice and moved for documents relating to
+two vessels, which was carried. Sir William Scott,
+however, never forgave me.</p>
+
+<p class='c001'>On the 9th of March, when these papers were laid
+before the House, I moved for others in order to
+elucidate them. This gave rise to another debate, in
+which some curious facts were brought to light by
+Colonel Wardle:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“In the Navy Pay Office it was usual to promote junior
+clerks over the heads of men who were many years their
+seniors in the service. One junior clerk, eleven years in the
+office, was promoted to a place of 300<i>l.</i> a year, over the heads
+of senior clerks from twenty-seven to thirty years in the
+service. In another case a gentleman was obliged to retire
+against his will on 170<i>l.</i> per annum, and a <em>boy of fourteen</em>
+was appointed to his situation <em>with a raised salary</em>, and
+over the heads of many senior clerks. The Secretary of the
+Sick and Hurt Office was pensioned off at his full salary of
+500<i>l.</i>, and an assistant appointed in his stead <cite>with a salary
+of 1000l.</cite>!!”</p>
+
+</div>
+
+<p class='c001'>On the 12th of March, my respected colleague, Sir
+Francis Burdett, than whom a purer patriot never
+breathed, moved that Mr. Gale Jones should be discharged
+from Newgate, to which prison he had been
+committed by order of the House, for placarding a
+handbill, the contents of which were construed into a
+violation of the privileges of the House. Sir Francis—conceiving
+that the people had privileges as well as
+those claiming to be their representatives, or rather
+that the popular voice constituted the power of their
+representatives—demanded the release of Mr. Jones, on
+<span class='pageno' id='Page_139'>139</span>the ground that the House possessed no privilege to
+commit a man for asserting his right to discuss its
+measures, and that neither legally nor constitutionally
+could such privilege exist.</p>
+
+<p class='c001'>The debate which ensued, not coming within the
+scope of this work, may be omitted. Suffice it to say
+that Sir Francis published in <cite>Cobbett’s Weekly Register</cite>
+a revised account of his speech, in which he declared
+that the House of Commons sought to set aside Magna
+Charta and the laws of England by an order founded
+on their own irresponsible power.</p>
+
+<p class='c001'>Accompanying this revised speech was a letter addressed
+by Sir Francis to his constituents of Westminster;
+and these coupled together the House chose
+to construe into a breach of their privileges also. The
+result, as every one knows, was a motion for the
+committal of Sir Francis Burdett to the Tower.</p>
+
+<p class='c001'>My worthy colleague, however, refused to surrender.
+As there was no knowing to what lengths the despotism
+of the House might extend, a rumour of breaking
+into the honourable Baronet’s house being prevalent,
+a number of his friends, myself amongst them, assembled
+at his residence in Piccadilly to see fair play;
+but one morning, during our absence, an officer, armed
+with the Speaker’s warrant, forcibly entered, and Sir
+Francis was carried off to the place of his imprisonment.</p>
+
+<p class='c001'>It is quite unnecessary to detail these circumstances,
+as they are well known to every reader of English
+history. On the day after my excellent colleague’s
+capture the electors of Westminster held a meeting in
+<span class='pageno' id='Page_140'>140</span>Palace Yard, and adopted a petition which fell to my
+lot to present to the House.</p>
+
+<p class='c001'>The petition went even farther than had Sir Francis,
+by denouncing the House as “prosecutor and juror,
+judge and executioner,” and denying its right to exercise
+these combined offices. It taunted the House
+with evading the offer of a member to prove at the
+bar that two of the ministers had been distinctly
+charged with the sale of a seat on their benches, and
+that such practices were “as notorious as the sun at
+noonday.” They therefore prayed not only for the
+release of their member, but for a reform of the
+House itself, “as the only means of preserving the
+country from despotism.”</p>
+
+<p class='c001'>To have committed the whole of the electors of
+Westminster for adopting such a petition would have
+been inconvenient. To have committed me for presenting
+it would have been scarcely less dangerous, as
+depriving Westminster of both its representatives.
+The predominant feeling in the House appeared to
+be that of astonishment that a naval officer should
+dare to meddle with such matters. One member
+opposed its reception at all, another begged me to
+withdraw it, which I refused to do; and, therefore,
+the House adopted the only possible alternative of
+“ordering it to lie on the table.” The feeling towards
+myself may be conceived.</p>
+
+<p class='c001'>A similar petition from the freeholders of Middlesex
+was presented by Mr. Byng, and denounced by
+Mr. Perceval as a “deliberate and unparalleled insult
+to the House;” the petition denying the right of the
+<span class='pageno' id='Page_141'>141</span>House to imprison Sir Francis, and accusing Mr. Perceval
+and Lord Castlereagh by name as openly trafficking
+in seats; the petitioners further declaring that the
+presence of Sir Francis Burdett in the House was
+necessary to “enforce his plan of reform.” Angry
+debate followed, but neither Sir Francis nor Mr.
+Jones were released till the following month of June.</p>
+
+<p class='c001'>On the 11th of May Mr. Croker proposed a vote
+for the ordinances of the Navy, when I embraced the
+opportunity of making what was at the time termed
+“one of the most remarkable speeches ever delivered
+in that House.” The speech indeed was remarkable—not
+for its eloquence, for it had none, but for some
+very awkward statistics which <em>my enforced leisure</em> had
+enabled me to collect and arrange. And let me here
+remark, that when my parliamentary speeches are
+adduced, the object is to give a faithful picture of the
+condition as well of the House as of the Navy at that
+period, not as specimens of an eloquence to which I
+had no pretension. My parliamentary efforts, such as
+they are, are on record, and the reproduction of a
+portion may save both myself and the reader the
+trouble of further dilating thereon.</p>
+
+<p class='c001'>One besetting sin of the Administration was the bestowal
+of pensions, which was carried on to a wonderful
+extent. Wives, daughters, distant relatives, &#38;c., of
+all sorts of people who had votes or influence claimed
+a pension as a matter of right. Another besetting sin
+of the Government was doling out pittances scarcely
+sufficient for the support of life to those who had
+fought and bled for their country.</p>
+
+<p class='c001'><span class='pageno' id='Page_142'>142</span>Bearing this in mind, the reader will readily comprehend
+the following “remarkable” address—as it
+has been termed by historical writers—to the House of
+Commons:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“An admiral, worn out in the service, is superannuated at
+410<i>l.</i> a year, a captain at 210<i>l.</i>, a <em>clerk of the ticket office
+retires on</em> 700<i>l.</i> <em>a year!</em> The widow of Admiral Sir Andrew
+Mitchell has <em>one third</em> of the allowance given to the widow
+of a Commissioner of the Navy!</p>
+
+<p class='c001'>“I will give the House another instance. Four daughters
+of the gallant Captain Courtenay have 12<i>l.</i> 10<i>s.</i> each, the
+daughter of Admiral Sir Andrew Mitchell has 25<i>l.</i>, two
+daughters of Admiral Epworth have 25<i>l.</i> each, the daughter
+of Admiral Keppel 24<i>l.</i>, the daughter of Captain Mann, who
+was killed in action, 25<i>l.</i>, four children of Admiral Moriarty
+25<i>l.</i> each. That is—thirteen daughters of admirals and captains,
+several of whose fathers fell in the service of their
+country, receive from the gratitude of the nation a sum <em>less
+than Dame Mary Saxton, the widow of a commissioner</em>.</p>
+
+<p class='c001'>“The pension list is not formed on any comparative rank
+or merit, length of service, or other rational principle, but
+appears to me to be dependent on parliamentary influence
+alone. Lieutenant Ellison, who lost his arm, is allowed 91<i>l.</i> 5<i>s.</i>,
+Captain Johnstone, who lost his arm, has only 45<i>l.</i> 12<i>s.</i> 6<i>d.</i>,
+Lieutenant Arden, who lost his arm, has 91<i>l.</i> 5<i>s.</i>, Lieutenant
+Campbell, who lost his leg, 40<i>l.</i>, and poor Lieutenant
+Chambers, who lost both his legs, has only 80<i>l.</i>, <em>whilst Sir
+A.S. Hamond retires on</em> 1500<i>l.</i> <span lang="la"><i>per annum</i></span>. The brave
+Sir Samuel Hood, who lost his arm, has only 500<i>l.</i>, <em>whilst
+the late Secretary of the Admiralty retires, in full health, on
+a pension of</em> 1500<i>l.</i> <span lang="la"><i>per annum</i></span>!</p>
+
+<p class='c001'>“To speak less in detail, 32 flag officers, 22 captains, 50
+lieutenants, 180 masters, 36 surgeons, 23 pursers, 91 boatswains,
+97 gunners, 202 carpenters, and 41 cooks, in all 774
+persons, cost the country 4028<i>l.</i> <em>less than the nett proceeds of
+<span class='pageno' id='Page_143'>143</span>the sinecures of Lords Arden</em> (20,358<i>l.</i>), <i>Camden</i> (20,536<i>l.</i>),
+<i>and Buckingham</i> (20,693<i>l.</i>).</p>
+
+<p class='c001'>“All the superannuated admirals, captains, and lieutenants
+put together, have but 1012<i>l.</i> more than Earl Camden’s
+sinecure alone! All that is paid to the wounded officers of
+the whole British navy, and to the wives and children of
+those dead or killed in action, do not amount by 214<i>l.</i> to as
+much as Lord Arden’s sinecure alone, viz. 20,358<i>l.</i> What is
+paid to the mutilated officers themselves is <em>but half as
+much</em>!</p>
+
+<p class='c001'>“Is this justice? Is this the treatment which the officers
+of the Navy deserve at the hands of those who call themselves
+His Majesty’s Government? Does the country know
+of this injustice? Will this too be defended? If I express
+myself with warmth I trust in the indulgence of the House.
+I cannot suppress my feelings. Should 31 commissioners,
+commissioners’ wives, and clerks have 3899<i>l.</i> more amongst
+them <em>than all the wounded officers of the Navy of England</em>?</p>
+
+<p class='c001'>“I find upon examination that the Wellesleys receive
+from the public 34,729<i>l.</i>, <i>a sum equal to 426 pairs of lieutenants’
+legs, calculated at the rate of allowance of Lieutenant
+Chambers’s legs. Calculating for the pension of Captain
+Johnstone’s arm, viz. 45l., Lord Arden’s sinecure is equal
+to the value of 1022 captains’ arms! The Marquis of
+Buckingham’s sinecure alone will maintain the whole ordinary
+establishment of the victualling department at Chatham,
+Dover, Gibraltar, Sheerness, Downs, Heligoland, Cork,
+Malta, Mediterranean, Cape of Good Hope, Rio de Janeiro,
+and leave 5460l. in the Treasury. Two of these comfortable
+sinecures would victual the officers and men serving in all
+the ships in ordinary in Great Britain, viz. 117 sail of the
+line, 105 frigates, 27 sloops, and 50 hulks. Three of them
+would maintain the dockyard establishments at Portsmouth
+and Plymouth.</i> The addition of a few more would amount
+to as much as the whole ordinary establishments of the royal
+dockyards at Chatham, Woolwich, Deptford, and Sheerness;
+whilst the sinecures and offices executed wholly by deputy
+<span class='pageno' id='Page_144'>144</span>would more than maintain the ordinary establishment of all
+the royal dockyards in the kingdom!</p>
+
+<p class='c001'>“Even Mr. Ponsonby, who lately made so pathetic an
+appeal to the good sense of the people of England against
+those whom he was pleased to term demagogues, actually
+receives, for having been <em>thirteen months in office</em>, a sum
+equal to nine admirals <em>who have spent their lives in the
+service of their country</em>; three times as much as all the
+pensions given to all the daughters and children of all the
+admirals, captains, lieutenants, and other officers who have
+died in indigent circumstances, or who have been killed in
+the service!”</p>
+
+</div>
+
+<p class='c001'>This portion of the speech, true in every figure, was
+not incorrectly termed “remarkable;” and it made an
+enemy of every sinecurist named, as I had afterwards
+but too good reason to know. Nevertheless, the Administration
+had made a mistake. I was not permitted
+to be employed <em>afloat</em>, and was determined to effect all
+the good I could for the naval service by advocating
+its interests <em>ashore</em>.</p>
+
+<p class='c001'>But the worst was yet to come. My very excellent
+grandmother, of whom I have spoken in the first
+volume of this work in terms feebly expressive of her
+worth, had a pension of 100<i>l.</i> for the services of her
+gallant husband, Captain Gilchrist; and <em>though she had
+been dead eight years</em>, some patriotic individual had
+been <em>drawing her pension, as though she were still
+living</em>! Given, a hundred dead widows, with a pension
+of 100<i>l.</i> each, and some one was at the national expense
+the richer by 10,000<i>l.</i> per annum!</p>
+
+<p class='c001'>On this point, I thus proceeded, no doubt to the
+intense disgust of the party enjoying the defunct
+pensions:—</p>
+
+<div><span class='pageno' id='Page_145'>145</span></div>
+<div class='quote'>
+
+<p class='c001'>“From the minute expenses noticed in the naval estimate,
+viz. for oiling clocks, killing rats, and keeping cats, I suppose
+that great care has been taken to have everything correct. It
+was, therefore, with great surprise that I found the name of
+my worthy and respected grandmother, the widow of the late
+Captain Gilchrist of the navy, continuing on the list as
+receiving 100<i>l.</i> per annum, <em>though she ceased to exist eight
+years ago</em>!”</p>
+
+</div>
+
+<p class='c001'>Notwithstanding the unanswerable argument of my
+grandmother’s pension, and the equally unanswerable
+comparison of sinecures and naval rewards—the Secretary
+of the Admiralty, Mr. Wellesley Pole, considered
+that he satisfactorily replied to both, by pronouncing
+my statements “inaccurate, and my complaints inconsistent!
+As to the pensions to the children of
+admirals, Lord Cochrane must know very well that
+<i>the widow or children of an admiral were not entitled,
+strictly speaking, to any pension</i>!”</p>
+
+<p class='c001'>In his defence to the sinecures of his own family,
+Mr. Wellesley Pole was even more infelicitous:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Lord Cochrane has thought proper to make an attack on
+the Wellesley family, of which I am a member. He asserts
+that the Wellesleys receive from the public no less than
+34,000<i>l.</i> a year in sinecure places, and then makes a calculation
+of <em>the number of arms and legs which that sum would
+compensate</em>. In answer to this, I must observe that no
+member of the Wellesley family, <em>except the noble lord at the
+head of it</em>, possesses any sinecure. That noble lord certainly
+did, many years ago, receive the <em>reversion</em> of a sinecure
+which had since fallen in, when he was about to go to a distant
+part of the world, in a most arduous and important
+public situation. He was at that time in a delicate state of
+health, and had a large family!”</p>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_146'>146</span>That is, Mr. Wellesley Pole confirmed my calculation
+of the arms and legs. Though one sinecure had
+“fallen in,” he neither said when, nor what other
+sinecures had since accrued to the head of the family.
+His general reply to the matter is curious even at the
+present day. Mr. Wellesley Pole proceeded:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“There is a considerable degree of eccentricity in the
+noble lord’s manner, but at the same time he has so much
+good British stuff about him, and so much knowledge of his
+profession, that he will always be listened to with great respect.
+It is, therefore, the more to be lamented that he does
+not follow the dictates of his own good understanding, instead
+of being guided <em>by the erroneous advice, and adopting the
+wild theories of others</em>. Let me advise him that <em>adherence
+to the pursuits of his profession</em>, of which he is so great an
+ornament, will tend more to his own honour and to the advantage
+of his country, than a perseverance in <em>the conduct
+which he has of late adopted, conduct which can only lead
+him into error</em>, and make him the dupe of those who use the
+authority of his name to advance their own mischievous
+purposes.”</p>
+
+</div>
+
+<p class='c001'>This overture was unmistakable. If I would quit
+Sir Francis Burdett, sell my constituents, and come
+over to the ministerial side, the Government would—despite
+the affair of Lord Gambier—put me in the way
+of advancement. If I did not forsake my party, the
+high professional character drawn by Mr. Wellesley
+Pole would avail me nothing—not even to get employed
+again! I need scarcely say that the overture,—politely
+insinuating, as it did, that I was to be bought—was
+rejected on my part.</p>
+
+<p class='c001'>The remainder of my speech consisted of a contrast
+between this reckless extravagance in pensions and sinecures,
+<span class='pageno' id='Page_147'>147</span>and the petty saving which rendered the Navy
+useless:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Such are some of the pretended savings by which, when
+any are made, the country is duped. Were there a prospect
+of success, I could point out some savings better worthy
+attention. By adopting canvass of a better quality, a saving
+equal to the additional income-tax imposed by the Whigs
+may be made, equal, in fact, to one fourth of the Navy. The
+remaining three fourths of the ships will be more effectual
+than the whole, as their velocity would be increased by upwards
+of half a mile in seven, and they would thus be
+enabled to capture those vessels which at present escape from
+them all. The enemy distinguish our ships of war from
+foreign ships by the colour of the wretched canvass, and run
+away the moment they perceive our black sails rising above
+the horizon, a circumstance to which they owe their safety,
+even more than to its open texture. I have observed the
+meridian altitude of the sun through the foretopsail, and by
+bringing it to the horizon through the foresail, have ascertained
+the latitude as correctly as I could have done otherwise.
+The paltry increase of cost will be more than compensated
+by the superior strength of the canvass, on which
+depend the safety of the ship and the preservation of all the
+lives on board.</p>
+
+<p class='c001'>“I shall, no doubt, hear it urged that a remedy is about
+to be applied, and so it has ever since I can remember, but
+remedies at public boards are sought in vain.”</p>
+
+</div>
+
+<p class='c001'>To comprehend the preceding statements, it may be
+necessary to observe that we had at that time more
+than 1000 ships of war of all classes afloat, and that
+from the general bad character of their sailing and
+equipment, the enemy, who had little more than a
+tenth of the number, fairly laughed at us. Under any
+circumstances, the waste of money was deplorable, but
+under the corrupt system by which worthless ships
+<span class='pageno' id='Page_148'>148</span>were then introduced into the Navy, to which subject
+allusion is made in the first volume, it was utter
+paralysation of every natural effort.</p>
+
+<p class='c001'>The amount of obloquy these efforts to raise the
+condition of the naval service brought on me, amongst
+persons who held that afloat or ashore the duty of a
+naval officer was implicit obedience to the ministry of
+the day, will be readily understood. Reply to my
+statements being impossible, the ministerial organs made
+me the subject of numerous bad squibs, one of which is
+subjoined:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“You fight so well and speak so ill,
+ Your case is somewhat odd,
+Fighting abroad you’re quite <em>at home</em>,
+ Speaking at home—<em>abroad</em>;</p>
+
+<p class='c001'>Therefore your friends, than hear yourself,
+ Would rather of you hear;
+And that your name in the <cite>Gazette</cite>,
+ Than <cite>Journals</cite>, should appear.”</p>
+
+</div>
+
+<p class='c001'>The wit is somewhat obtuse, but the feeling here
+expressed was no doubt sincere. The Ministers
+indeed began to suspect that they had committed an
+error in preventing me from joining my ship, and
+shortly afterwards attempted to repair it by ordering
+me immediately to sea! With what effect will appear
+in the next chapter.</p>
+
+<p class='c001'>To the credit of the present age, wilful corruption
+has passed away, but false economy still prevails. It is
+only six years ago that we commenced a war without
+a single gun-boat, the only description of vessel that
+could operate with effect in the enemy’s waters. The
+consequence was that nothing was effected. At the
+<span class='pageno' id='Page_149'>149</span>close of the war we built gun-boats by the score, but
+now that they may be required for the defence of our
+own coasts, only to find them so rotten, as to be in
+danger of crumbling under the concussion arising from
+their own fire.</p>
+
+<p class='c001'>In the absence of a more assignable reason, it may be
+assumed that they have been cheaply built, for it cannot
+for a moment be supposed that the disaster arose
+from want of proper supervision. The subjoined extract
+from a leading article of the <cite>Times</cite> of April 25th,
+1860, will tell the story better than I can, and by that
+the public will see that the vice of what may be termed
+extravagant saving is not yet extinct:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Five years ago we were compelled to denounce the
+management of our military and naval establishments. The
+public and the Government have long since done us justice
+in this matter, the former by demanding that ‘the system’
+which paralysed the efforts of Englishmen should be at once
+reformed, the latter by setting about those reforms with
+more or less activity. We have now, most unwillingly, to
+return to the charge, and to lay before our readers a sad
+history of mismanagement and waste.</p>
+
+<p class='c001'>“At this time, we are told, there are forty-seven gunboats,
+besides mortar vessels, hauled up at Haslar yard. All the
+world remembers the pæan which was sung over this miniature
+fleet. Christened with coquettish little names, the gunboats,
+built according to the newest model and commanded
+by gallant young officers, were the pets and the pride of the
+country. It was told how after the war they were all drawn
+up ready for use on the shortest notice, how they could be
+brought down to the water in less than an hour, and the
+enemy confronted in less than a week with an extempore
+fleet as formidable as any that could issue from Cherbourg.
+Twenty-two, we are told, have been repaired at a great cost,
+<span class='pageno' id='Page_150'>150</span>and, with the exception of coppering, are fit for launching.
+Nine vessels are under repair, fourteen are waiting examination.
+These repairs began more than three years ago, and
+have been continued at intervals to the present time. It
+will appear singular that vessels built only in 1854 and 1855
+should so soon require such extensive reconstruction. Very
+quietly do these repairs seem to have been carried on. The
+decay has been attributed to the fact that the gunboats had
+been stripped of their copper, and placed high and dry in a
+current of air. But now it is announced that the decay
+must be attributed to another cause. Some gunboats which
+had been kept afloat have been hauled up, and have been
+found to be ‘far more defective than those stored beneath
+the sheds, and the only conclusion which can be arrived at is
+that the whole of our gunboats afloat are unfit for service.’
+They have been constructed with the most reckless disregard
+to the quality of the material. If those which have been
+examined are a sample of the whole, we are at this moment
+without an efficient gunboat. Scarcely a sound piece of
+wood can be seen about them, every part bearing marks of
+‘sap,’ and some of the ribs are completely enveloped with it;
+the pressure of the hand on their frame crumbles it to dust.
+Much more to this effect is given in our Naval Intelligence.
+The copper bolts, also, which should have gone through and
+been clinched on each side, ‘were found to have been
+changed into short ends of about two inches, driven in on
+each side;’ a fact which, if correct, convicts either the
+builders or their workmen of a deliberate and most disgraceful
+fraud.</p>
+
+<p class='c001'>“It may <a id='corr150.30'></a><span class='htmlonly'><ins class='correction' title='he'>be</ins></span><span class='epubonly'><a href='#c_150.30'><ins class='correction' title='he'>be</ins></a></span> that <em>the Government price was too low, and
+it is said that the only two sound vessels were built by a
+firm which lost money by their construction</em>. But that cannot
+be an excuse for the others. The public will demand a
+searching and unsparing inquiry into these delinquencies,
+and if it should appear that men holding a foremost position
+in the community have been guilty of such malpractices,
+they should be duly exposed and punished.”</p>
+
+</div>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_151'>151</span>
+ <h2 class='c006'>CHAP. XXX. <br> <br> <span class='small'>MY PLANS FOR ATTACKING THE FRENCH COAST REFUSED, AND MYSELF SUPERSEDED.</span></h2>
+</div>
+
+<p class='c014'>PLANS FOR ATTACKING THE FRENCH COAST SUBMITTED TO THE FIRST
+LORD, THE RIGHT HONOURABLE CHARLES YORKE.—PEREMPTORILY
+ORDERED TO JOIN MY SHIP IN AN INFERIOR CAPACITY.—MY
+REMONSTRANCE.—CONTEMPTUOUS REPLY TO MY LETTER.—THREATENED
+TO BE SUPERSEDED.—MR. YORKE’S IGNORANCE OF NAVAL AFFAIRS.—RESULT
+OF HIS ILL-TREATMENT OF ME.—MY REPLY PASSED UNNOTICED,
+AND MYSELF SUPERSEDED.</p>
+
+<p class='c022'>It has already been stated that the <span lang="fr"><i>Impérieuse</i></span> frigate
+under my command had been placed by the Admiralty
+under the orders of the Honourable Captain Duncan,
+son of the distinguished admiral of that name, as acting-captain;
+but that permission to resume her command
+in the Scheldt had been refused on my application
+to rejoin her; no doubt with the intention of
+preventing me from effecting anything more which might
+become obnoxious to another admiral.</p>
+
+<p class='c001'>Now that my presence in the House of Commons
+had become inconvenient, the Admiralty affected to
+consider that <em>I was unjustifiably absenting myself from
+my ship!</em> and an intimation was given that I must join
+her <em>within a week</em>!</p>
+
+<p class='c001'>So far from my absence being voluntary, <em>it had
+been forced</em> upon me from the necessity of attending
+the court-martial and an acting-captain was to be put
+<span class='pageno' id='Page_152'>152</span>in my place. When I found that this step was determined
+on, I asked that Captain Duncan might be
+appointed, knowing that he would carry out my views
+in the management of a crew to which I was attached,
+as from long and arduous service they were attached
+to me. But notwithstanding this temporary appointment,
+I was anxiously urging on the Board of Admiralty
+the necessity of further operations in which it was my
+earnest wish to bear a part.</p>
+
+<p class='c001'>The correspondence which took place with the Admiralty
+will not only show this, but the record may
+prove useful in case of future wars.</p>
+
+<p class='c001'>On the 7th of June, 1810, I transmitted the subjoined
+letter to the Hon. Charles Yorke, who had
+succeeded Lord Mulgrave as First Lord of the
+Admiralty:—</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“London, 7th June, 1810.</span></div>
+
+<p class='c001'>“<span class='sc'>Sir</span>,—When I had the honour to present myself to you
+the other day, I used the freedom to submit to your judgment
+the mode by which the commerce of the enemy might,
+in my humble opinion, be greatly injured, if not completely
+ruined, and that such mode, whilst assisting the present,
+would be providing for the future, exigencies of the State.
+The subject has pressed itself so forcibly on my attention,
+that I am induced to address you by letter, which is perhaps
+the best means to avoid engaging too much of your time.</p>
+
+<p class='c001'>“Passing over the points I then noticed as a stimulus to
+the Navy, which, unfortunately for this country, though for
+the benefit of our inveterate foe, is checked and restrained in
+its operations, I shall beg permission to call your attention
+to other parts of the subject I had then the honour to
+introduce.</p>
+
+<p class='c001'>“I am the more impelled to the intrusion by the intelligence
+recently received of the islands of Las Medas on the
+coast of Catalonia having been taken by the French, who
+<span class='pageno' id='Page_153'>153</span>were doubtlessly influenced by the motive <em>that ought to actuate
+us to possess ourselves of the islands on the coast of France</em>,
+or such of them as tend to aid her best interests.</p>
+
+<p class='c001'>“In the present state of our Navy, the French rest in the
+fullest confidence of assured security, and are, therefore,
+entirely at our mercy, as regards the objects in my contemplation.</p>
+
+<p class='c001'>“In the present state of French security, L’Ile Groa at
+the mouth of the Loire, and L’Ile Dieu on the coast
+of Brittany, may be easily seized by 800 men, in defiance of
+any opposition; and by a <span lang="fr"><i>coup de main</i></span> a fourth part of that
+number would be sufficient. These islands would afford safe
+anchorage to our cruisers, with the wind on shore, and when,
+in the winter season, it is dangerous to approach them.</p>
+
+<p class='c001'>“The islands at the entrance of the port of Marseilles
+could be taken by 100 men, and their importance is demonstrable
+by their situation. United with the possession of one
+of the Hières, they would enable us to cut off the communication
+between that part of France which consumes the
+commodities of Italy, and thus the trade of Leghorn and
+Genoa—once of importance to us—would be lost to our
+enemy, who now exclusively enjoys it.</p>
+
+<p class='c001'>“The port of Bayonne, whence the French supply their
+dockyards at Rochefort and Brest with timber, may be
+rendered useless by sinking a few old vessels laden with
+stones. In like manner the anchorage of Ile d’ Aix might be
+destroyed—the passages in the entrance of the Garonne
+rendered impracticable—and that of Mamusson filled up.</p>
+
+<p class='c001'>“Proceeding on a more extensive scale, Belle Isle offers
+itself to particular notice, and would be a most valuable
+acquisition, as it gives shelter at all times to shipping. At
+Cette—commanding the entrance of the canal through which
+the whole produce of Italy and the shores of the Mediterranean
+are transported to the north of the French empire—the
+locks might be seized on with facility, and held or blown
+up, in defiance of the whole power of Buonaparte now in
+France. The island of Elba might be reduced with as little
+difficulty, and as it contains two excellent harbours, and
+<span class='pageno' id='Page_154'>154</span>protects the anchorage in the Piombia passage, it is well
+calculated to interrupt all intercourse between the Roman,
+Italian, and Tuscan States. Were it in our hands at this
+moment, it would be an invaluable depôt for our manufactures,
+which, on cutting off the trade with France, would be
+in the greatest demand throughout the whole of Italy. It
+was given up at the termination of the last war in ignorance—as
+may be presumed—of the great advantage which it
+affords in this respect.</p>
+
+<p class='c001'>“I need not suggest to you, Sir, that if the measures on
+which I have thus slightly touched were carried into effect, it
+would—even should the enemy be disposed to disturb us—require
+a large portion of the force <em>intended for the subjugation
+of Spain</em>, to be diverted from its purpose. If these
+measures were to be followed up by a flying naval expedition
+of trifling extent, and with comparatively only a handful of
+troops, the enemy might be held in check, or at any rate
+their plans elsewhere would be frustrated in part, and the
+remainder must become insignificant from perplexity and
+embarrassment.</p>
+
+<p class='c001'>“I submit to you, Sir, that were it not for our naval superiority,
+and a few thousand troops were at Buonaparte’s
+disposal, our coasts would not be safe—the vessels in our
+ports would be swept away—and very possibly the ports
+themselves laid in ashes. As we have at least physical
+powers, and more honourable incitements than Buonaparte to
+aid our energies and direct our objects, we ought bravely to
+pursue all that he would dare to attempt.</p>
+
+<p class='c001'>“If, Sir, these points should appear to interest you, and
+you should think it necessary to require of me further detail
+or information, I shall be happy to wait on you for that purpose
+at any time you may be pleased to name. I had intended
+to bring this subject before the House, but a variety
+of obvious reasons showed me the propriety of addressing you
+in the first instance.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour, &#38;c.,</div>
+ <div class='line in18'>“<span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“The Right Hon. Charles Yorke.”</span></p>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_155'>155</span>In reply to this letter, I was told by Mr. Yorke that
+the acting-captain had been appointed to the <span lang="fr"><i>Impérieuse</i></span>
+for <em>“my accommodation”!!</em> instead of Captain
+Duncan having been appointed from the necessity
+before mentioned! Mr. Yorke concluded his letter
+with a peremptory order for me to proceed to sea
+within a week:—</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Admiralty, June 8th, 1810.</span></div>
+
+<p class='c001'>“<span class='sc'>My Lord</span>,—I had the honour this morning of receiving
+your Lordship’s letter of yesterday, communicating your Lordship’s
+opinions on various points of service connected with
+operations on the French coast in the Bay as well as in the
+Mediterranean, which appear to be nearly of the same effect
+with those which I had the honour of hearing from your
+Lordship personally some days ago.</p>
+
+<p class='c001'>“I beg to return you my thanks for this communication
+of your sentiments, and have now to inform you that as your
+Lordship’s ship, the <span lang="fr"><i>Impérieuse</i></span>, is now nearly ready for sea,
+and destined for the Mediterranean, and as <em>the period of the
+session of Parliament during which your Lordship has
+been accommodated with an acting-captain to command
+the frigate in your absence (!) has now nearly reached its
+close</em>, I presume that it is your intention to join her without
+loss of time, and to proceed in her to join Sir Charles Cotton,
+who will no doubt employ your Lordship in the annoyance
+of the enemy and in the protection of our Allies in the
+manner best suited to the exigencies of the service.</p>
+
+<p class='c001'>“I request that your Lordship will have the goodness to
+inform me as early as you can <em>on what day next week it is
+your intention to join your ship</em>, as His Majesty’s service will
+not admit of her sailing being much longer postponed.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour, &#38;c.,</div>
+ <div class='line in15'>“<span class='sc'>C. Yorke</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“Capt. Lord Cochrane.”</span></p>
+
+</div>
+
+<p class='c001'>The assertion that an acting-captain had been appointed
+<span class='pageno' id='Page_156'>156</span>to the <span lang="fr"><i>Impérieuse</i></span> for my accommodation as a
+member of Parliament was monstrous, for after the court-martial
+was ended I begged to be allowed to join her;
+first, soon after the Walcheren expedition sailed, and
+again when it failed to satisfy the national expectations;
+even then offering to destroy the enemy’s fleet as had
+been done in Aix Roads. I afterwards asked permission
+to view the siege of Flushing as a spectator only, and
+<em>was refused</em>, the refusal being fortunately still in my
+possession:—</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Admiralty, Oct. 11th, 1809.</span></div>
+
+<p class='c001'>“<span class='sc'>My dear Lord</span>,—I have mentioned your request to the
+Naval Lords at the Board, and find it cannot be complied
+with.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I am, my dear Lord,</div>
+ <div class='line in9'>“Your very faithful servant,</div>
+ <div class='line in26'>“<span class='sc'>Mulgrave</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“The Lord Cochrane.”</span></p>
+
+</div>
+
+<p class='c001'>Notwithstanding Mr. Yorke’s version of the reason
+of my absence from the <span lang="fr"><i>Impérieuse</i></span>, I determined to
+make one more effort for permission to carry out my
+plans for harassing the enemy’s coast, and thereby preventing
+them from forwarding troops to Spain. My
+object was to get two or three frigates and a few
+troops under my command. Had I been able to accomplish
+this, what had been effected with the <span lang="fr"><i>Impérieuse</i></span>
+alone on the coast of Catalonia will be my
+excuse for saying, that such a force would have been
+the most valuable aid to the British army in the
+Peninsula.</p>
+
+<p class='c001'>Preferring, therefore, the service which I was desirous
+to render to my country to my own wounded feelings,
+I addressed another letter to Mr. Yorke:—</p>
+
+<div><span class='pageno' id='Page_157'>157</span></div>
+<div class='quote'>
+
+<div class='c020'><span class='small'>“London, June 11th, 1810.</span></div>
+
+<p class='c001'>“<span class='sc'>Sir</span>,—In acknowledging the receipt of your letter of the
+8th I confess much embarrassment. The measures submitted
+to your judgment were, in my humble opinion, of great
+national importance. They had in view to weaken the hands
+of our enemy and strengthen our own. I therefore indulged
+in the hope that they would have received your countenance
+and support.</p>
+
+<p class='c001'>“It must have been apparent to you, Sir, that I did not
+offer them on light grounds, nor without calculated certainty
+of success in the event of their prosecution. I flattered
+myself with the hope of being employed in the execution of a
+service on which my previous observations would have enabled
+me to act with confidence.</p>
+
+<p class='c001'>“But although, Sir, you are pleased to thank me for my
+communication, you pass over in silence the objects it embraced;
+and do away with even the expressions of courtesy
+bestowed on it by asking ‘on what day <em>in this week</em> it was
+my intention to join my ship, as His Majesty’s service would
+not admit of her sailing being much longer postponed;’ thus
+leaving me to conclude that in taking the liberty of approaching
+you I had trespassed too far, and that to prevent
+my importunities in future you had deemed it advisable to
+order me to join my ship, and further, to join Sir Charles
+Cotton, who, you signify, ‘would no doubt employ me in
+the annoyance of the enemy, and in the protection of our
+Allies, in the manner best suited to the exigencies of the
+service.’</p>
+
+<p class='c001'>“I have throughout life been accustomed to do my duty
+to the utmost of my power, and my anxiety to render the
+performance of it acceptable to my country, whilst it stimulated
+me to inform myself on the best means for that purpose,
+may have led me to intrude on those with whom alone
+rests the power of encouraging my expectations. Yet I
+might have imagined that my motives would sufficiently
+plead my excuse. On the present occasion I had an additional
+inducement in addressing myself in the first instance
+<span class='pageno' id='Page_158'>158</span>to you, Sir, instead of the House of Commons. I felt that
+I was paying the respect due to the First Lord of the Admiralty.</p>
+
+<p class='c001'>“It appears, however, that I have inadvertently offended,
+and am sorry for it, as the public interest may be injured by
+the step I have taken. I should have been gratified had you
+done me the honour to call for details of the sketch which I
+laid before you, when I should have been happy to supply a
+properly digested plan by which I propose to secure the objects
+there shadowed forth.</p>
+
+<p class='c001'>“Had this plan, been brought under your consideration, I
+may venture to say that you would have directed it to be
+carried into execution; and I should have envied any person
+whom you might have honoured with the charge of it, however
+much I might have regretted the refusal to permit me
+to share in it, I should nevertheless have cheerfully rendered
+every information required of me, or that I might have
+conceived necessary.</p>
+
+<p class='c001'>“I have now no alternative than to submit to the wisdom
+of the House the propositions you have thought proper to
+reject, or rather suffer them to die away without further
+notice. I do not pride myself on the accuracy of my judgment,
+but may be allowed to understand those matters that
+come under my own immediate observation better than those
+who have had no experience in such kind of warfare.</p>
+
+<p class='c001'>“The capture of Los Medas by the French has confirmed
+me in the opinions I gave to Lord Mulgrave on my last <span lang="fr"><i>reconnaissance</i></span>
+of Ile d’Aix, and which I had the honour to
+state to you in my last. I again submit that a similar
+course pursued by His Majesty’s Government towards France
+would distract the purposes of Buonaparte, and injure him
+infinitely more than any other step likely to be taken. The
+capture of even one of the islands enumerated in my former
+letter would be felt by him much as we should feel if a French
+force were to capture the Isle of Wight.</p>
+
+<p class='c001'>“In another part of your letter you say that I have been
+‘<i>accommodated with an acting-captain to command the
+<span class='pageno' id='Page_159'>159</span>frigate during my absence</i>.’ I have to assure you that it
+was an accommodation I never solicited, and one which, far
+from conveying a favour, was extremely painful to my feelings,
+as it prevented my going on a service which I was extremely
+desirous of witnessing. I even made an application to Lord
+Mulgrave for permission to be a spectator only of the scene
+of Flushing, so as to avail myself of the opportunity to
+acquire information about the Scheldt and its environs, but
+was refused, although others not connected with the service
+obtained leave to proceed there.</p>
+
+<p class='c001'>“In conclusion, I beg permission to say that I have yet
+some objects of moment to bring forward in Parliament, and
+that as there is no enterprise given to the <span lang="fr"><i>Impérieuse</i></span>, I have
+no wish that she should be detained for me one moment.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour, &#38;c.,</div>
+ <div class='line in12'>“<span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“The Right Hon. Chas. Yorke.</span></p>
+
+<p class='c001'>“P.S. Your letter, Sir, is marked ‘private,’ which I consider
+as applying solely to the destination of the <span lang="fr"><i>Impérieuse</i></span>,
+and, of course, shall be silent on that subject.”</p>
+
+</div>
+
+<p class='c001'>The reply of the First Lord was that it was “<em>neither
+his duty nor his inclination to enter into controversy
+with me!</em>” A proof how the interests of a nation
+may suffer from the political pique of a single man in
+power. Not an individual of the Ministry considered
+me incapable of carrying into execution, even with an
+insignificant force, the plans foreshadowed; yet they
+were treated with contemptuous silence, and a command
+to proceed immediately on a subordinate service.</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Admiralty, June 12th, 1810.</span></div>
+
+<p class='c001'>“<span class='sc'>My Lord</span>,—I have had the honour this morning of receiving
+your Lordship’s letter of yesterday. <em>As I do not
+conceive it either my public duty so it is by no means my
+<span class='pageno' id='Page_160'>160</span>private inclination to be drawn into any official controversy
+with your Lordship, either in your capacity of captain of
+a frigate in His Majesty’s service or of a member of
+Parliament</em>.</p>
+
+<p class='c001'>“For this reason I must beg to decline replying to several
+parts of your Lordship’s letter, in which you appear to have
+much misconceived my meaning, as expressed in my former
+letter, or to observe upon the turn and direction which
+your Lordship is pleased to endeavour to give to our correspondence.</p>
+
+<p class='c001'>“I have thought it proper to lay the two letters which I
+have received from your Lordship, being on points of service,
+before the Board of Admiralty for their consideration; and
+have only now to request to be distinctly informed whether
+or not it is your Lordship’s intention to join your ship, the
+<span lang="fr"><i>Impérieuse</i></span>, now under orders for foreign service, and nearly
+ready for sea, as soon as Parliament shall be prorogued.</p>
+
+<p class='c001'>“I shall be much pleased to receive an answer in the
+affirmative, because I should then entertain hopes that your
+activity and gallantry might be made available for the public
+service. I shall be much concerned to receive an answer in
+the negative, because in that case I shall feel it to be my
+duty to consider it as your Lordship’s wish to be superseded
+in the command of the <span lang="fr"><i>Impérieuse</i></span>.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I am, my Lord,</div>
+ <div class='line in8'>“Your most obedient servant,</div>
+ <div class='line in22'>“<span class='sc'>C Yorke</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“Capt. Lord Cochrane.”</span></p>
+
+</div>
+
+<p class='c001'>A more unjust order from a lay Lord of the Admiralty
+than this, to join the <span lang="fr"><i>Impérieuse</i></span> and proceed on
+foreign service, was never issued from the Admiralty.</p>
+
+<p class='c001'>As a lay Lord, he was wholly ignorant of naval
+affairs, but nevertheless refused <em>even to listen</em> to the
+advice of an experienced sea-officer, who had at least
+seen some service, and was therefore capable of offering
+<span class='pageno' id='Page_161'>161</span>an opinion. In place of this he ordered me to sea,
+without the semblance of promotion in any shape, or
+even the offer of a larger ship.</p>
+
+<p class='c001'>I had nevertheless received the warm thanks of Lord
+Collingwood for—as his Lordship expressed it—having
+with a single frigate stopped a French army from
+penetrating into Eastern Spain. With the same inadequate
+means I had kept the whole coast of Languedoc
+in alarm, so as to prevent any combination
+of troops on the Spanish frontier, this voluntary service
+being executed in such a way as to induce Lord Collingwood
+to write to the Admiralty, that “<em>my resources
+seemed to have no end</em>.” Weighed down with fatigue
+and anxiety I had returned home, in the hope of relaxation,
+when the Admiralty, even before there had
+been time to pay off my ship, ordered me to prepare
+plans for destroying the French fleet in Aix Roads,
+Lord Gambier having plainly told them that, if he
+made the attempt, “it must be at <em>their peril and not
+his</em>.” I prepared those plans, with the addition of a
+novel element in naval warfare, and drove ashore the
+French fleet, which afterwards became a wreck, in spite
+of the want of proper co-operation on the part of the
+Admiral who had hesitated to attack them.</p>
+
+<p class='c001'>On my return to England I had been offered by
+Lord Mulgrave the thanks of Parliament in conjunction
+with the Commander-in-chief, but refused to couple
+my name with his. After all these services, for which
+I never received reward nor thanks—except the red
+ribbon of the Bath from the hands of my sovereign—another
+First Lord ordered me to proceed to sea
+<span class='pageno' id='Page_162'>162</span><em>in a week</em>, and that in a capacity as subordinate as
+the one occupied before any of these services had
+been performed! nay, more, in spite of my pointing
+out to him, how, with a trifling force, I could do far
+more than I had done—a proposition which he treated
+with contemptuous silence. There is nothing worse in
+the records of the Admiralty even at that period.</p>
+
+<p class='c001'>Nevertheless, this ill-treatment determined me not
+to shrink from my duty, though I was resolved
+that Mr. Yorke should neither get an affirmative nor a
+negative from me as to joining the frigate. If the
+command of the <span lang="fr"><i>Impérieuse</i></span>, under the orders of Sir
+Charles Cotton, were forced upon me I would take it,
+but of this the Admiralty should be the judges—not I.
+Had Lord Collingwood lived to reach England the Admiralty
+would not have ventured to thrust such a command
+upon me after my services of the previous three
+years and my plans for future operations, which, as I
+have once or twice said, would have saved millions
+spent on prolonged strife in the Peninsula.</p>
+
+<p class='c001'>In the vain hope that the national welfare would,
+on calm deliberation, rise superior to petty official spite,
+I again addressed Mr Yorke as follows:—</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Portman Square, June 14th, 1810.</span></div>
+
+<p class='c001'>“<span class='sc'>Sir</span>,—When I had the honour to present to you in writing
+those ideas that I had previously communicated verbally, it
+was far from my views and contrary to my intention to draw
+you into any unofficial correspondence. My solicitude to see
+the interests of my country promoted and the power of the
+enemy reduced were my only objects. I presumed that
+amidst the pressure of business any hints thrown out in
+<span class='pageno' id='Page_163'>163</span>desultory conversation might escape your memory, but that
+committed to paper they would meet your consideration.
+This was my chief reason for addressing you by letter.</p>
+
+<p class='c001'>“As a member of Parliament I never harboured a wish to
+intrude myself on your notice. I know that as a captain of
+a frigate I do not possess any consequence, and am conscious
+that I never assumed any. But, Sir, I submit that if information
+promising essential benefit to the State is procured, the
+source from which it flows, however insignificant, is not of
+the least moment.</p>
+
+<p class='c001'>“With an impression which I must lament, Sir, that you
+decline entering on those parts of my letter which alone
+prevailed with me to trouble you, I regret having done so.
+I am not in the habit of entreaty, but when the public
+service is to be advanced entreaty becomes a duty. I trust,
+therefore, that you will pardon me if I repeat the hope that
+you will be pleased to regard the subject in a more favourable
+light, and examine the grounds and principles on which my
+opinions are founded. I feel convinced that any other
+officer possessed of the knowledge necessary to form his
+judgment will tell you that the measures I have proposed
+may <em>to a certainty and with great ease be carried into execution</em>;
+and that the enemy would, in consequence, be entirely
+crippled in his best resources.</p>
+
+<p class='c001'>“Had I been fortunate enough to receive the least encouragement
+from you I should have brought forward other
+objects than those noticed. Amongst these is one that has
+reference to the coast of Catalonia, where the maritime
+towns are occupied by troops of the enemy just sufficient to
+keep the peasantry in awe and exact from them provisions.
+These, by possessing the open batteries, the French convey
+coastways in fishing boats and small craft to their armies,
+which, from the scarcity of cattle, fodder, and the state of the
+roads, they could not obtain by any other means.</p>
+
+<p class='c001'>“The few troops stationed along the coast for these purposes
+might be seized and brought off with a trifling force
+employed in the way I have indicated. As a proof of this,
+<span class='pageno' id='Page_164'>164</span>the aid-de-camp of General Lechu, and a whole company were
+brought off by the marines and crew of the <span lang="fr"><i>Impérieuse</i></span>
+alone, to whom they surrendered, well knowing that had
+they left the battery they would have been put to death in
+detail by the oppressed and irritated Spaniards.</p>
+
+<p class='c001'>“I am thankful, Sir, for your kindness in laying my letters
+before the Lords Commissioners. The flattering terms in
+which you speak of my humble abilities also demand my
+acknowledgment; and, whilst again tendering them to the
+service of my country, I beg permission to say that it is the
+first wish of my heart and the highest aim of my ambition
+to be actively employed in my profession, and that from
+former associations I prefer the <span lang="fr"><i>Impérieuse</i></span> to every other
+frigate in the Navy. But as she is to proceed immediately
+on foreign service, I fear it is impossible for me to be in
+readiness to join her within the time specified.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour, &#38;c.,</div>
+ <div class='line in15'>“<span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“The Right Hon. Chas. Yorke.”</span></p>
+
+</div>
+
+<p class='c001'>To this letter no reply was vouchsafed, and the
+Honourable Captain Duncan was confirmed in the
+command of the <span lang="fr"><i>Impérieuse</i></span>, which in the <em>following
+month</em> sailed to join Sir Charles Cotton off Toulon.</p>
+
+<p class='c001'>Parliament being prorogued within a few days after
+the date of the last letter, I had no opportunity of
+bringing the subject before the House.</p>
+
+<p class='c001'>On the publication of the first volume, it was said
+by some gentlemen of the press, when kindly reviewing
+its contents, that something more might have been said
+of that excellent and gallant admiral, Lord Collingwood.
+This, I admit, would have been an easy task
+as regards the gossip of others relative to his Lordship,
+but that is not the principle upon which this work
+<span class='pageno' id='Page_165'>165</span>is conducted, every incident therein having befallen
+myself personally.</p>
+
+<p class='c001'>The fact was, that though I had the good fortune to
+serve under Lord Collingwood, it had never been my
+lot to serve with him. His Lordship’s first act on
+joining him was, as is narrated in the first volume, to
+appoint me as the successor of the officer in command
+of the squadron in the Ionian Islands. Shortly after
+my arrival at Corfu, I fell in—as has also been said in the
+first volume—during a cruise with a number of enemy’s
+vessels <em>bearing the commandant’s license to trade</em>! and
+in spite of the license captured and sent them to Malta
+for condemnation. The commandant, as shown in the
+first volume, hereupon denounced me to Lord Collingwood
+<em>as an unfit person to command a squadron</em>. I
+was immediately afterwards recalled, and, as the reader
+knows, was subsequently employed in harassing the
+French and Spanish coasts, without further personal
+intercourse with his Lordship, except when paying a
+flying visit to the fleet blockading Toulon.</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_166'>166</span>
+ <h2 class='c006'>CHAP. XXXI.<br> <br> <span class='small'>VISIT TO THE ADMIRALTY COURT AT MALTA.</span></h2>
+</div>
+
+<p class='c014'>THE MALTESE ADMIRALTY COURT.—ITS EXTORTIONATE FEES, AND CONSEQUENT
+LOSS TO CAPTORS.—MY VISIT TO MALTA.—I POSSESS MYSELF
+OF THE COURT TABLE OF FEES.—INEFFECTUAL ATTEMPTS TO ARREST
+ME.—I AT LENGTH SUBMIT, AND AM CARRIED TO PRISON.—A MOCK
+TRIAL.—MY DEFENCE.—REFUSE TO ANSWER INTERROGATORIES PUT
+FOR THE PURPOSE OF GETTING ME TO CRIMINATE MYSELF.—AM
+SENT BACK TO PRISON.—AM ASKED TO LEAVE PRISON ON BAIL.—MY
+REFUSAL AND ESCAPE.—ARRIVAL IN ENGLAND.</p>
+
+<p class='c022'>At the commencement of 1811, finding that, in place
+of anything being awarded to the <span lang="fr"><i>Impérieuse</i></span> for numerous
+prizes taken in the Mediterranean, the Maltese
+Admiralty Court had actually brought me in debt for
+vicious condemnation, I determined to go to Malta, and
+insist on the fees and charges thereon being taxed according
+to the scale upon which the authority of the
+Court in such matters was based.</p>
+
+<p class='c001'>It is not my intention to enter generally into the
+nature of the demands made by the Maltese Court, but
+rather to point out the manner in which, after realisation
+of the prize funds, costs were inflicted on the
+officers and crews of ships of war, till little or nothing
+was left for distribution amongst the captors. This
+<span class='pageno' id='Page_167'>167</span>will give a good idea of the practices which prevailed;
+preventing officers from harassing the coasting trade of
+the enemy, as the expenses of condemning small craft
+were ruinous, being for the most part the same as
+those charged by the Court for the condemnation of
+large vessels.</p>
+
+<p class='c001'>One of the customs of the Court was as follows:
+to charge as fees <em>one fourth</em> more than the fees of
+the High Court of Admiralty in England; this one
+fourth was practically found to amount in some cases
+to <em>one half</em>, whilst any scale of charges by which the
+conduct of the Court was guided, remained inaccessible
+to the captors of prizes.</p>
+
+<p class='c001'>The principal officer of the Court in this department
+was a Mr. Jackson, who held the office of Marshal.
+This officer, however, though resident in Malta, performed
+his duty of marshal by deputy, for the purpose
+of enabling him also to exercise the still more profitable
+office of proctor, the duties of which he performed
+in person. The consequence was that every prize
+placed in his hands as proctor had to pass through
+his hands as marshal! whilst as proctor it was further
+in his power to consult himself as marshal as often
+as he pleased, and to any extent he pleased. The
+amount of self-consultation may be imagined. Right
+profitably did Mr. Proctor Jackson perform the duty
+of attending and consulting himself as Mr. Marshal
+Jackson!</p>
+
+<p class='c001'>Subjoined is an extract from the charges of Proctor
+Jackson for attending himself as Marshal Jackson:—</p>
+
+<table class='table2'>
+<colgroup>
+<col class='colwidth75'>
+<col class='colwidth9'>
+<col class='colwidth9'>
+<col class='colwidth6'>
+</colgroup>
+ <tr><td class='c027' colspan='4'><span class='pageno' id='Page_168'>168</span></td></tr>
+ <tr>
+ <td class='c009'>&#160;</td>
+ <td class='c011'><span class='small'>Cro.</span></td>
+ <td class='c011'><span class='small'>reals.</span></td>
+ <td class='c012'><span class='small'>sc.</span></td>
+ </tr>
+ <tr>
+ <td class='c009'>Attending (as proctor) in the registry and bespeaking a monition</td>
+ <td class='c011'>2</td>
+ <td class='c011'>0</td>
+ <td class='c012'>0</td>
+ </tr>
+ <tr>
+ <td class='c009'>Paid (himself as marshal) for said monition under seal, and extracting</td>
+ <td class='c011'>9</td>
+ <td class='c011'>0</td>
+ <td class='c012'>0</td>
+ </tr>
+ <tr>
+ <td class='c009'>Copy of said monition for service</td>
+ <td class='c011'>2</td>
+ <td class='c011'>0</td>
+ <td class='c012'>0</td>
+ </tr>
+ <tr>
+ <td class='c009'><i>Attending the Marshal!</i> (himself) <i>and feeing and instructing him to execute the same!</i></td>
+ <td class='c011'>2</td>
+ <td class='c011'>0</td>
+ <td class='c012'>0</td>
+ </tr>
+ <tr>
+ <td class='c009'><i>Paid the Marshal</i> (himself) <i>for service of said monition!</i> (on himself)</td>
+ <td class='c011'>2</td>
+ <td class='c011'>0</td>
+ <td class='c012'>0</td>
+ </tr>
+ <tr>
+ <td class='c009'><i>Certificate of service!</i> (on himself)</td>
+ <td class='c011'>1</td>
+ <td class='c011'>0</td>
+ <td class='c012'>0</td>
+ </tr>
+ <tr>
+ <td class='c009'><i>Drawing and engrossing affidavit of service!</i> (on himself)</td>
+ <td class='c011'>2</td>
+ <td class='c011'>0</td>
+ <td class='c012'>0</td>
+ </tr>
+ <tr>
+ <td class='c009'><i>Oath thereto, and attendance!</i> (on himself)</td>
+ <td class='c011'>2</td>
+ <td class='c011'>2</td>
+ <td class='c012'>3</td>
+ </tr>
+</table>
+
+<p class='c019'>By what ingenious process Marshal Jackson managed
+to administer the oath to himself as Proctor Jackson I
+know not, but the above charges are actual copies from
+a bill in my possession, the said bill containing <em>many
+hundred</em> similar items besides. Some idea of its extent
+may be formed from the statement that, previously to a
+debate on the subject, I pasted together an exact copy
+the different sheets of which the bill of charges was
+composed, formed them into a huge roll, and, amidst
+the astonishment and laughter of the House of Commons,
+one day unrolled it along the floor of the
+House, when it reached from the Speaker’s table to
+the bar!!</p>
+
+<p class='c001'>In addition to this multitude of fees and charges, the
+Marshal also claimed, and received as his own especial
+perquisite, <em>one half per cent</em> on the inspection of prizes,
+<em>one per cent</em> for their appraisement, and <em>two and a half
+per cent</em> on the sale. This, with <em>one fourth</em> added as
+<span class='pageno' id='Page_169'>169</span>aforesaid, made just <em>five per cent</em> on all captures for the
+Marshal’s perquisite alone, irrespective of his other fees;
+which, being subjected to no check, were extended according
+to conscience. So that, for every amount of
+prizes to the extent of 100,000<i>l.</i> the Marshal’s share,
+as a matter of course, would be 5000<i>l.</i>, wholly irrespective
+of other fees of Court calculated on a similar
+scale. When numerous other officials had to be paid
+in like manner, also without check on their demands,
+it scarcely needs to be said that such prizes as were
+usually to be picked up by ships of war on the
+Mediterranean coast entailed positive loss on their captors;
+the result, as has been said, being that officers
+avoided taking such prizes, and thus the enemy carried
+on his coasting operations with impunity. In other
+words, the most important object of war—that of
+starving out the enemy’s coast garrisons—was suspended
+by the speculations of a colonial Admiralty
+Court!</p>
+
+<p class='c001'>Foiled in procuring redress in the House of Commons,
+where my statements were pooh-poohed by the
+representatives of the High Court of Admiralty as rash
+and without proof, I determined on procuring, by any
+means whatever, such proof as should not easily be set
+aside.</p>
+
+<p class='c001'>Embarking, therefore, in my yacht <i>Julie</i>, one of the
+small French ships of war captured at Caldagues and
+afterwards purchased by me, as narrated in the first
+volume, I set sail for the Mediterranean.</p>
+
+<p class='c001'>On arriving at Gibraltar I considered it prudent to
+quit my yacht, fearing that so small a vessel might fall
+<span class='pageno' id='Page_170'>170</span>a prey to the French cruisers, and embarked on board
+a brig-of-war bound to Malta.</p>
+
+<p class='c001'>My first demand upon the Admiralty Court on arriving
+at that place was, that the prize accounts of
+the <span lang="fr"><i>Impérieuse</i></span> and <i>Speedy</i> should be taxed according
+to the authorised table of fees. This revision was
+refused.</p>
+
+<p class='c001'>Entering the Court one day when the Judge was not
+sitting, I again demanded the table of fees from Dr.
+Moncrieff, then Judge-Advocate, who denied that he
+knew anything about them. As by Act of Parliament
+they ought to have been hung up in the Court, I
+made careful search for them, but without success.
+Entering the Judge’s robing-room unopposed, I there
+renewed the search, but with no better result, and
+was about to return tableless; when, having been
+directed to a private closet, I examined that also, and
+there, wafered up behind the door of the Judge’s
+retiring-chamber, was the Admiralty Court table of
+fees! which I carefully took down, and reentered the
+Court in the act of folding up the paper, previously to
+putting it in my pocket.</p>
+
+<p class='c001'>Dr. Moncrieff instantly saw what I had got, and rose
+from his seat with the intention of preventing my
+egress. Reminding him that I had no cause of quarrel
+with or complaint towards him, I told him that guarding
+the Judge’s water-closet formed no part of his
+duties as Judge-Advocate; and that it was rather his
+place to go and tell the Judge that I had taken possession
+of a public document which ought to have
+been suspended in Court, but the possession of which
+<span class='pageno' id='Page_171'>171</span>had been denied. He seemed of the same opinion,
+and suffered me to depart with my prize; this in half
+an hour afterwards being placed in the possession of a
+brother-officer who was going over to Sicily, and promised
+to take charge of it till my arrival at Girgenti.</p>
+
+<p class='c001'>This “Rape of the Table,” as it was termed in a
+poem afterwards written on the occasion by my secretary
+and friend, Mr. Wm. Jackson, caused great merriment,
+but the Judge, Dr. Sewell, was furious, not perhaps
+so much at the invasion of his private closet, as
+at losing a document which, when laid before the House
+of Commons in connexion with the fees actually charged,
+would infallibly betray the practices of the Maltese
+Court. A peremptory demand was accordingly made
+of me for the restoration of the table, this being met
+by my declaration that it was not in my possession.
+The Judge, believing this to be untrue, though in fact
+the tables were in Sicily, finally ordered me to be
+arrested for an insult to the Court!</p>
+
+<p class='c001'>The duty of arresting me devolved on my friend
+in duplicate, Mr. Marshal Mr. Proctor Jackson. I reminded
+him that the Court was not sitting when the
+alleged offence was committed, and therefore it could
+be no insult. I further cautioned him that his holding
+the office of proctor rendered that of marshal
+illegal, and that if he dared to lay a finger on me, I
+would treat him as one without authority of any kind,
+so that he must take the consequences, which might be
+more serious to himself personally than he imagined.</p>
+
+<p class='c001'>The proctor-marshal, well knowing the illegality of
+his double office, which was not known—much less
+<span class='pageno' id='Page_172'>172</span>officially confirmed in England—prudently declined the
+risk, on which the Judge ordered the deputy marshal,
+a man named Chapman, to arrest me. Upon this I
+informed Chapman that his appointment was illegal
+also, first as holding the office of deputy marshal to
+an illegally constituted person, and secondly, from his
+also exercising the duplicate office of deputy auctioneer—the
+auctioneer being a sinecurist resident in
+London!! So that if, as deputy marshal combined with
+deputy auctioneer, he ventured to arrest me, he too
+must put up with the consequences.<a id='r74'></a><a href='#f74' class='c016'><sup>[74]</sup></a></p>
+
+<p class='c001'>This went on for many days, to the great amusement
+of the fleet in harbour, no one being willing to incur
+the risk of arresting me, though I walked about
+Malta as usual, Chapman following me like a shadow.
+At length the Judge insisted on the deputy marshal-auctioneer
+arresting me at all risks, on pain of being
+himself committed to prison for neglect of carrying
+out the orders of the Court. Finding himself in this
+dilemma, Chapman resigned his office.</p>
+
+<p class='c001'>On this a man named Stevens, unconnected with any
+other official position, was appointed in a proper
+manner; and all the legal formalities being carefully
+<span class='pageno' id='Page_173'>173</span>entered into, I no longer resisted, as that would have
+been resistance to law.</p>
+
+<p class='c001'>The manner in which the arrest was made showed
+a spirit of petty malevolence quite in keeping with the
+dispositions of men who were making enormous fortunes
+by plundering the officers and crews of His Majesty’s
+ships of war. I was on a visit to Percy Fraser, the naval
+commissioner, when the newly appointed deputy marshal
+who had watched me in was announced, and on
+entering told me he was come to arrest me. On
+demanding his credentials, I found them to be signed
+by Mr. Proctor Jackson, and as I wanted this proof of
+his acting as marshal illegally, admitted myself satisfied
+with them.</p>
+
+<p class='c001'>The deputy marshal then requested me to accompany
+him to an inn, where I might remain on parole.
+I told him that I would do nothing of the kind, but
+that if he took me anywhere it must be to the town
+gaol, to which place he then requested me to accompany
+him. My reply was:—“No. I will be no party
+to an illegal imprisonment of myself. If you want me
+to go to gaol, you must carry me by force, for assuredly
+I will not walk.”</p>
+
+<p class='c001'>As the room was full of naval officers, all more or
+less victims of the iniquitous system pursued by the
+Maltese Court, the scene caused some merriment.
+Finding me inflexible, the Vice-admiralty official sent—first
+for a carriage, and then for a piquet of Maltese
+soldiers, who carried me out of the room on the chair
+in which I had been sitting. I was then carefully deposited
+in the carriage, and driven to the town gaol.</p>
+
+<p class='c001'><span class='pageno' id='Page_174'>174</span>The apartments assigned for my use were the best
+the place afforded, and were situated on the top story
+of the prison, the only material unpleasantness about
+them being that the windows were strongly barred.
+The gaoler, a simple worthy man, civilly inquired what
+I would please to order for dinner. My reply was:—“Nothing!—that,
+as he was no doubt aware, I had
+been placed there on an illegal warrant, and would not
+pay for so much as a crust; so that if I was starved
+to death, the Admiralty Court would have to answer
+for it.”</p>
+
+<p class='c001'>At this declaration the man stood aghast, and shortly
+after quitted the room. In about an hour he returned
+with an order from Mr. Marshal Jackson to a neighbouring
+hotel-keeper, to supply me with whatever I
+chose to order.</p>
+
+<p class='c001'>Thus armed with <span lang="fr"><i>carte-blanche</i></span> as to the <span lang="fr"><i>cuisine</i></span>, I
+ordered dinner for six; under strict injunctions that
+whatever was prized in Malta, as well in edibles as in
+wines, should be put upon the table. An intimation to
+the gaoler that he would be the richer by the scraps,
+and to the hotel master to keep his counsel for the
+sake of the profits, had the desired effect; and that
+evening a better-entertained party (naval officers)
+never dined within the walls of Malta gaol.</p>
+
+<p class='c001'>This went on day after day, at what cost to the
+Admiralty Court I never learned nor inquired; but, from
+the character of our entertainment, the bill when presented
+must have been almost as extensive as their
+own fees. All my friends in the squadron present at
+Malta were invited by turns, and assuredly had no
+<span class='pageno' id='Page_175'>175</span>ward-room fare. They appeared to enjoy themselves
+the more heartily, as avenging their own wrongs at
+the expense of their plunderers.</p>
+
+<p class='c001'>At length the Admiralty authorities thought it high
+time to decide what was to be done with me. It was now
+the beginning of March, and I had been incarcerated
+from the middle of February without accusation or
+trial. It was evident that if I were imprisoned much
+longer, I might complain of being kept out of my place
+in Parliament, and what the electors of Westminster
+might say to this, or what the House of Commons
+itself might say, were questions seriously to be pondered
+by men whose titles to office were unconfirmed.
+They had at length discovered that I had committed
+no offence beyond the fact of having been seen to
+fold up and put in my pocket a piece of dirty paper,
+but what that paper might be, or where it was, there
+was no evidence whatever.</p>
+
+<p class='c001'>At length they hit upon a notable expedient for
+getting rid of me, viz. to get His Excellency the
+Governor to ask me to give up the table of fees. This
+I declined, telling His Excellency that as I had been
+incarcerated illegally I would not quit the prison
+without trial.</p>
+
+<p class='c001'>It was accordingly determined that I should be put
+on my trial, the puzzle being as to what offence I
+should be accused of. The plan, as I afterwards found,
+was to interrogate me, and thus to entrap me into
+becoming my own accuser.</p>
+
+<p class='c001'>On the 2nd of March I was taken to the Court-house,
+accompanied by the naval commissioner Mr. Fraser,
+<span class='pageno' id='Page_176'>176</span>Captain Rowley the naval officer in command, and
+nearly all the commanding officers in port.</p>
+
+<p class='c001'>Two clerks, one a German and the other a Maltese,
+were said to have deposed to “seeing a person, whom
+they believed to be Lord Cochrane, with a folded paper.”
+On the strength of this evidence, the following charge
+was made out:—“That I had entered <em>the Registry</em> of the
+Admiralty Court, and had there taken down the table
+of charges; that I had held up the same, so as to
+cause it to be seen by the King’s Advocate, Dr. Moncrieff,
+and had then put it in my pocket, and walked
+away.”<a id='r75'></a><a href='#f75' class='c016'><sup>[75]</sup></a></p>
+
+<p class='c001'>To this I replied that “there must be an error, for as
+the Act of Parliament ordered that the table of charges
+should be displayed in open Court, it could not possibly
+have been the paper which I saw in the Judge’s water-closet.
+That the paper showed by me to Dr. Moncrieff
+was folded up, so that he was necessarily ignorant of
+<span class='pageno' id='Page_177'>177</span>its purport or contents. Finally, I denied having taken
+down the table of charges, as established by Act of
+Parliament, from the Court-room.” After this reply I
+demanded to be confronted with my accuser, for the
+purpose of cross-examining him.</p>
+
+<p class='c001'>This the Judge would not allow, but said he should
+consider my denial in the light of a plea of “not
+guilty.” He then put to me a series of interrogatories,
+for the purpose of getting me to criminate myself; but
+to these I refused to reply in any way, merely repeating
+my assurance that his Honour must have made a mistake,
+it being highly improbable that the lost table
+of fees should have been hung anywhere but in open
+Court, as the Act of Geo. II. prescribed, viz.: <em>in an
+open, visible, and accessible place</em>, which his Honour’s
+retiring-closet was not. Dr. Sewell then admitted that
+the charges entered on the table of fees <em>had not been
+ratified by the King in Council!</em> and that he had therefore
+not caused them to be suspended in open Court,
+according to the Act. On which declaration I protested
+against the whole proceedings as illegal.</p>
+
+<p class='c001'>Finding that nothing could be done, the Judge then
+<em>asked me to go at large on bail!</em> This I flatly refused,
+alleging myself to be determined to remain where I
+was, be the consequence what it might, till the case
+should be decided on its merits. At this unexpected
+declaration the Court appeared to be taken
+aback, but as I refused to be bailed, the Judge had no
+alternative but to remand me back to prison.<a id='r76'></a><a href='#f76' class='c016'><sup>[76]</sup></a></p>
+
+<p class='c001'>On arriving there, my friends were of opinion that
+the affair had been carried far enough, and that I should
+apologise for taking the table of charges, and send for
+it to Girgenti. To this counsel I refused to listen, as I
+wanted the tables for exhibition in the House of
+Commons, and would in no way compromise the
+matter.</p>
+
+<p class='c001'>On this the senior naval officer, Captain Rowley, said
+to me:—“Lord Cochrane, you must not remain here;
+the seamen are getting savage, and if you are not out
+soon they will pull the gaol down, which will get the
+naval force into a scrape. Have you any objection to
+making your escape?” “Not the least,” replied I, “and
+it may be done; but I will neither be bailed, nor will I
+be set at liberty without a proper trial.”</p>
+
+<p class='c001'>In short, it was then arranged that my servant,
+Richard Carter, should bring me some files and a rope;
+that I should cut through the iron bars of the window;
+<span class='pageno' id='Page_179'>179</span>and that when everything was in readiness, on the first
+favourable night, a boat should be manned at the sallyport,
+and that I should be taken across to Sicily, to
+pick up the table of fees at Girgenti.</p>
+
+<p class='c001'>Some three or four nights were occupied in cutting
+through the bars, the marks being concealed in the
+day-time by filling up the holes with a composition.
+When all was in readiness, my friends and I held our
+last <em>symposium</em> at the expense of the Admiralty Court.
+The gaoler was purposely made very tipsy, to which he
+was nothing loth; and about midnight, having first
+lowered my bedding into the streets, to be carried off
+by some seamen under the direction of my servant,
+I passed a double rope round an iron bar, let myself
+down from the three-story window, pulled the rope
+after me, so that nothing might remain to excite
+suspicion, and bade adieu to the merriest prison in
+which a seaman was ever incarcerated.</p>
+
+<p class='c001'>On arriving at the harbour I found the <i>Eagle’s</i> gig
+in readiness, and several brother-officers assembled to
+take leave of me. The night was dark, with the sea
+smooth as glass, it being a dead calm. When pulling
+along the island we came up with the English packet,
+which had sailed from Malta on the previous day, she
+having been since becalmed. As she was bound to
+Girgenti, to pick up passengers and letters from Naples,
+nothing could be more opportune; so, dismissing the
+gig, I went on board, and was on my way to England,
+doubtless, before I was missed from my late involuntary
+domicile at Malta. I had thus a manifest advantage
+in those days of slow transit, viz. that of arriving in
+<span class='pageno' id='Page_180'>180</span>England a month before news of my escape from Malta
+could be sent home by the authorities of the Admiralty
+Court.</p>
+
+<p class='c001'>As I afterwards learned, nothing could exceed the
+chagrin of the Admiralty officials at having lost, not
+only their table of charges, but their prisoner also. No
+one had the slightest suspicion that I had gone to sea,
+and that in a man-of-war’s boat. Yet nothing could
+better show the iniquitous character of the Maltese
+Admiralty Court than the fact that my escape was
+planned in conjunction with several naval officers present
+in harbour who lent me a boat and crew, for the purpose;
+the whole matter being previously known to half
+the naval officers present with the squadron, and, after
+my escape, to not a few of the seamen, all of whom must
+have been highly amused at the diligent search made
+for me the next day throughout Valetta, but still more
+at the <em>reward offered for those who aided me in escaping</em>.
+Yet not a word transpired as to the direction I had
+taken, or the time occupied in searching for me on the
+island might have been turned to better account by an
+endeavour to intercept me at Gibraltar, where I remained
+long enough to dispose of my yacht, and amuse
+the garrison with a narrative of my adventures since I
+left the Rock two months before!</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_181'>181</span>
+ <h2 class='c006'>CHAP. XXXII. <br> <span class='small'>NAVAL LEGISLATION HALF A CENTURY AGO.</span></h2>
+</div>
+
+<p class='c014'>INQUIRY INTO THE STATE OF THE NAVY.—CONDITION OF THE SEAMEN.—THE
+REAL CAUSE OF THE EVIL.—MOTION RELATIVE TO THE MALTESE
+COURT.—ITS EXTORTIONATE CHARGES.—MY OWN CASE.—A
+LENGTHY PROCTOR’S BILL.—EXCEEDS THE VALUE OF THE PRIZE.—OFFICERS
+OUGHT TO CHOOSE THEIR OWN PROCTORS.—PAPERS MOVED
+FOR.—MR. YORKE’S OPINION.—SIR FRANCIS BURDETT’S.—MY REPLY.—MOTION
+AGREED TO.—CAPTAIN BRENTON’S TESTIMONY.—FRENCH
+PRISONERS.—THEIR TREATMENT.—MINISTERS REFUSE TO INQUIRE
+INTO IT.—MOTION ON MY ARREST.—CIRCUMSTANCES ATTENDING
+IT.—MY RIGHT TO DEMAND TAXATION.—THE MALTESE JUDGE
+REFUSES TO NOTICE MY COMMUNICATIONS.—AFRAID OF HIS OWN
+ACTS.—PROCEEDINGS OF HIS OFFICERS ILLEGAL.—TESTIMONY OF
+EMINENT NAVAL OFFICERS.—PROCLAMATION ON MY ESCAPE.—OPINION
+OF THE SPEAKER ADVERSE.—MR. STEPHEN’S ERRONEOUS STATEMENT.—MOTION
+OBJECTED TO BY THE FIRST LORD.—MY REPLY.</p>
+
+<p class='c022'>On my return from the Mediterranean, having no prospect
+of employment, I devoted myself assiduously in
+Parliament to the course I had marked out for myself,
+viz. the amelioration of the condition of the naval
+service; whether by originating such measures of my
+own accord, or assisting others who had the same object
+in view.</p>
+
+<p class='c001'>At this period it was the custom to compel naval
+officers on foreign stations, in whatever part of the world
+located, to draw bills for their pay. The consequence
+was that the bills had to be sold at a discount sometimes
+<span class='pageno' id='Page_182'>182</span>amounting to 35 and 40 per cent, the whole of
+the loss falling on the officers negotiating the bills.</p>
+
+<p class='c001'>A motion to place officers of the navy upon the
+same footing as officers of the army was made by
+Captain Bennet, and strenuously opposed by the First
+Lord of the Admiralty, Mr. Yorke, as an innovation on
+<em>old rules and customs</em>, which, when once sanctioned, no
+one could tell where it might stop.</p>
+
+<p class='c001'>Upon this I inquired “what greater difficulty there
+could be in paying officers of the navy abroad than in
+paying officers of the army? There were consuls at
+all the foreign stations, who could certify what the rate
+of exchange really was. Under the present system, to
+my own knowledge, officers on the Gibraltar station were
+25 per cent, or a fourth of their scanty pay, out of
+pocket, and it was with great difficulty that they could
+provide themselves with proper necessaries.”</p>
+
+<p class='c001'>The effect of these remarks was, that Sir C. Pole
+moved as an amendment that a Committee should be
+appointed to inquire into the state of the navy generally,
+and this was seconded by Admiral Harvey.</p>
+
+<p class='c001'>The debate having taken this turn gave me the opportunity
+of entering more minutely into particulars. I will
+transcribe my remarks from the reports of the time:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> said an increase of pay to the seamen in
+the navy would be of little advantage to them, so long as the
+present system continued. He had in his hands a list of
+ships of war in the East Indies. The <i>Centurion</i> had been
+there eleven years—the <i>Rattlesnake</i>, fourteen years, came
+home the other day, with only one man of the first crew—the
+<i>Fox</i> frigate, under the command of his brother, had been
+there fifteen years—the <i>Sceptre</i> eight years—the <i>Albatross</i>
+twelve, &#38;c. Not one farthing of pay had been given all
+<span class='pageno' id='Page_183'>183</span>that period to all those men. He had made a calculation on
+the <i>Fox</i> frigate, and supposing only one hundred of the men
+returned, there would be due to the crew 25,000<i>l.</i>, not including
+the officers. What became of these sums all the
+while? The interest ought to be accounted for to Government
+or to the seamen themselves. The <i>Wilhelmina</i> had
+been ten years, the <i>Russell</i> seven years, the <i>Drake</i> six years,
+of which the men would be exiles from England for ever,
+and another vessel four years. Nothing would be of greater
+service than the frequently changing the stations of ships,
+which might be done without any inconvenience, and even
+with much advantage to the East-India Company’s ships.</p>
+
+<p class='c001'>“The seamen, said Lord Cochrane, from the want of their
+pay, had no means of getting many necessaries of the utmost
+consequence to their health and comfort. They drew less
+prize-money under the existing acts than formerly. He instanced
+a vessel, the proceeds of which came to 355<i>l.</i>; by the
+present mode of distribution the seaman would receive
+13<i>s.</i> 5½<i>d.</i>, whilst by the old mode he would have received
+15<i>s.</i> 1½<i>d.</i> From the officers’ share there was deducted in all
+75 <i>per cent</i>, allowing only 10 per cent for the prize courts.</p>
+
+<p class='c001'>“The Minister had exultingly asked, what had become of
+the commerce of France? But he would undertake to show
+him, before he was 48 hours on the coast of France, at
+least 200 sail of the enemy’s vessels. If they were to pay
+more liberally the Judges of the Admiralty Courts, and
+operate a proper reformation in them, he would undertake
+to say that they might score off at least one third of the
+present ships of the navy. Ministers said there were no
+vessels on the coast of France, but he said there were; and,
+if they would go with him, he would show them how they
+could be got at.</p>
+
+<p class='c001'>“He rather thought that the inattention of Government to
+the profligate waste of the public money, arose from their
+unwillingness to believe anything contrary to their own crude
+notions on these subjects. He stated, and he begged the
+House to attend to it, for it was as important as the subject
+<span class='pageno' id='Page_184'>184</span>of Mrs. Clarke, that in the reign of James the Second the pay
+of a captain of a first-rate was 80<i>l.</i> more than at present.
+King William, when he came over with his Dutch troops,
+whom he was much more anxious to attend to than he was
+to attend to his subjects here, took up his pen and cut off
+one half of the pay. So much for foreign troops; but still,
+taking the advance of prices into view, King William left it
+far better than it is now. His Lordship then again called the
+attention of the House to the extent to which the French
+coasting trade was carried on, and observed that it could not
+be checked, unless greater encouragement were given to the
+captains. If he commanded a ship on the French coast, by
+keeping at a good distance he might go to sleep, but in order
+to intercept those coasting vessels the captain must be on
+deck watching all night. It was impossible officers would
+do this merely to put money into the pockets of those who
+practised in the Admiralty Courts.</p>
+
+<p class='c001'>“<span class='sc'>Mr. Yorke</span> said that at this late period of the session it
+would be impossible to enter upon a subject of such detail.
+As to ships being detained so long upon foreign and distant
+stations, it was much to be regretted, but it was often unavoidable.”</p>
+
+</div>
+
+<p class='c001'>These were singular reasons for not entertaining a
+subject of such importance. According to Mr. Yorke,
+it was too late in the session to conduct the war successfully,
+whilst the other evil complained of could only
+be “regretted!”</p>
+
+<p class='c001'>For want of better argument, I was accused of insinuating
+that without the chance of prize-money
+officers would lose a great incentive to duty. I only
+took human nature as I found it, and it is not in human
+nature to exercise unremitting vigilance and exertion
+without the hope of reward; much less that unceasing
+vigilance, by night as well as day, requiring almost
+constant presence on deck to intercept an enemy’s
+<span class='pageno' id='Page_185'>185</span>coasting trade, carried on almost solely in the night,
+when the enemy felt secure of our vessels being run
+out to sea, from want of motive to remain in shore.</p>
+
+<p class='c001'>On the 6th of June I entered on the subject of the
+Maltese Court of Admiralty. As the debate in the
+House is sufficiently explicit, previous comment is unnecessary.</p>
+
+<div class='quote'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><i>“Vice-Admiralty Court of Malta.</i></div>
+ </div>
+</div>
+
+<p class='c001'>“Lord Cochrane rose to make the motion of which he had
+given notice. The noble lord began by stating that he had before
+had occasion to trouble the House on this subject, but he then
+failed in his attempt to obtain justice, on the ground that
+there was not sufficient evidence of the facts stated to warrant
+the House in entertaining his motion. He had since, however,
+personally been at Malta, and had procured such a chain
+of evidence, that if the House should now be pleased to
+entertain his motion, he had no doubt but he should be
+able to lay before them such a connected string of evidence
+of flagrant abuses in the Vice-Admiralty Court at that island,
+as would astonish all who heard it.</p>
+
+<p class='c001'>“He would undertake to prove that, if the Court of Admiralty
+at home would do their duty, one third of the naval
+force now employed in the Mediterranean would be sufficient
+for all purposes for which it was employed there, and that a
+saving might be made in the naval service alone of at least
+five millions sterling a year. If the Committee for which
+he moved last year had been granted, the evidence to prove
+this might now have been before the House.”</p>
+
+</div>
+
+<p class='c001'>There was no question at the time, and many naval
+officers are yet living to confirm the assertion, that the
+rapacity of the Admiralty Courts and their extravagant
+charges for adjudication and condemning prizes did
+prevent the interception and capture of the majority of
+the numerous small vessels employed in the coasting
+trade of the enemy, this forming to him the most vital
+<span class='pageno' id='Page_186'>186</span>consideration, as the means of provisioning his armies.
+At the commencement of the war, the capture of large
+vessels coming from distant parts with valuable cargoes
+gave so much prize-money as to render both officers
+and crews careless about a little exertion more or less,
+but when the enemy’s foreign trade was destroyed
+nothing remained to be looked after but small craft, and
+as the Admiralty Court charges had increased in an
+inverse ratio to the worthlessness of small craft, few
+would run the risk of looking after them, with the certainty
+of small gain, and the more than probability of
+being brought in debt for their pains. The consequence
+was, that little or no destruction was offered to the
+enemy’s coasting trade, which, important as it was to
+him for subsistence, ought to have been far more so to
+us, as its destruction would have deprived him of the
+means of subsistence.</p>
+
+<p class='c001'>Between the years 1803 and 1807, the naval establishment
+was increased from 200 to 600 vessels of war,
+notwithstanding which the coasting commerce of the
+enemy still went on, and it should have been obvious
+that when the navy was increased to upwards of 1000
+ships, <em>nothing more was done</em>. The amusement of
+cutting out coasting vessels when under the protection
+of batteries ceased to operate as an incentive. The
+logs of frigates showed that their commanders avoided
+the risk of keeping their ships in contiguity with the
+shore <em>at night</em>, and secured a good night’s rest for their
+men by running into the offing. Hence the enemy’s
+coasting convoys proceeded by night, and in the day
+ran into some port or other place of protection. The
+<span class='pageno' id='Page_187'>187</span>result in the frigates’ daily journal,—“Employed <em>as
+usual</em>,” was no less true than comprehensive.</p>
+
+<p class='c001'>For telling such truths as these, an outcry was raised
+against me for depreciating the character of officers!
+The case was my own. I took prizes in the Mediterranean
+and elsewhere by dozens, for which neither my
+officers nor crews got anything, the proceeds being
+swallowed up by the Admiralty Courts. I then turned
+to harassing the coast armies and forts of the enemy,
+without hope of reward, deeming this kind of employment
+the most honourable to myself, and the most advantageous
+to my country. So far from my pointing
+out the effect on the mind of officers in general being a
+reflection on their honour, it was only creditable to their
+common sense. They could not reasonably be expected
+to sacrifice their rest and that of their crews, or
+to run their ships into danger and themselves into debt,
+for the exclusive emolument of the Courts of Admiralty!
+I have no hesitation in asserting that had the
+Ministry diminished the navy one half, and given the
+whole cost of the other half to the Admiralty Court
+officials in lieu of their charges, the remaining ships
+would of themselves have turned the course of the war,
+and their commanders would have reaped fortunes.<a id='r77'></a><a href='#f77' class='c016'><sup>[77]</sup></a></p>
+
+<p class='c001'>These remarks will enable the naval reader to comprehend
+what follows. They are not intended so much
+for a history of past maladministration as a beacon for
+the future.</p>
+
+<div><span class='pageno' id='Page_188'>188</span></div>
+<div class='quote'>
+
+<p class='c001'>“The noble lord then read a letter from a captain of
+a vessel at the Cape of Good Hope, complaining ‘that
+the officers of ships of war were so pillaged by those of
+the Vice-Admiralty Courts, that he wished to know how
+they could be relieved; whether they could be allowed
+the liberty to send their prizes home, and how far the
+jurisdiction of the Vice-Admiralty Court extended; for that
+the charges of that court were so exorbitant, it required
+the whole amount of the value of a good prize to satisfy
+them. In the case of one vessel that was sold for 11,000
+rupees, the charges amounted to more than 10,000. This
+was the case at Penang, Malacca, and other places, as well
+as at the Cape.’ He would not, however, wish to dwell on
+this, but put it to the feelings of the House, whether naval
+officers had any stimulus to do even their duty, when the
+prizes they took would not pay the fees of the Vice-Admiralty
+Courts merely for condemning them? It had been
+stated the other day at some meeting or dinner by a very
+grave personage, the Lord Chancellor, that the ships of France
+were only to be found in our ports. If that statement were
+believed by Ministers, he should be glad to know why we at
+this moment kept up 140 sail of the line, and frigates and
+sloops of war in proportion to that number.”</p>
+
+</div>
+
+<p class='c001'>What follows is very curious, as establishing the magnitude
+of the charges for adjudication in the Vice-Admiralty
+Courts. The bill for the condemnation of
+the <i>King George</i> privateer, the first vessel taken by the
+<span lang="fr"><i>Impérieuse</i></span>, had brought me 600 crowns in debt, and
+was of such magnitude that I had an exact copy made
+of it, and pasted continuously together. The result
+will be gathered from what follows.</p>
+
+<div class='quote'>
+
+<p class='c001'>“His Lordship then produced the copy of a Proctor’s Bill
+in the island of Malta, which he said measured six fathoms and
+a quarter, and contained many curious charges. [<em>The unrolling
+this copy caused a general laugh, as it appeared long enough
+<span class='pageno' id='Page_189'>189</span>to reach from one end of the house to the other.</em>] This Proctor,
+the noble lord said, acted in the double capacity of Proctor
+and Marshal; and in the former capacity feed himself for
+consulting and instructing himself as counsel, jury, and
+judge, which he himself represented in the character of
+Marshal; so that all those fees were for himself in the one
+character, and paid to the same himself in the other. He
+then read several of the fees, which ran thus:—for attending
+the Marshal (himself) 2 crowns, 2 scudi, and 2 reals; and
+so on, in several other capacities in which he attended, consulted,
+and instructed himself, were charged several fees to
+the same amount. An hon. member, not then in the house,
+had last year opposed the motion he had brought forward,
+for a Committee to inquire into this subject; but, on seeing
+these articles of this his own Proctor’s bill, his Lordship
+flattered himself that the hon. member would now join in
+the support of the present motion. The noble lord said he
+had produced the copy of the bill to show the length of it.
+He then showed the original; and to show the equity and
+moderation of the Vice-Admiralty Court, he read one article
+where, on the taxation of a bill, the Court, for deducting
+fifty crowns, charged thirty-five crowns for the trouble in
+doing it. A vessel was valued at 8608 crowns, the Marshal
+received one per cent for delivering her, and in the end
+the net proceeds amounted to no more than 1900 crowns
+out of 8608—all the rest had been embezzled and swallowed
+up in the Prize Court. He was sorry, he said, to trespass on
+the time of the House, on a day when another matter of
+importance was to come before them. He pledged himself,
+however, that no subject could be introduced more highly
+deserving their serious attention and consideration.”</p>
+
+</div>
+
+<p class='c001'>I am not sure that by late treaties prize-money in
+future wars is not in effect abolished, though how treaties
+can exist during war I am not aware. If this be so, or
+anything like the spirit of such an arrangement, certain
+I am that the prestige of our navy is gone till the old
+system is restored. The United States Government has,
+<span class='pageno' id='Page_190'>190</span>I am told, had the good sense not to conform to any
+arrangement of the kind. If my life be longer spared
+I may in a future volume revert to this subject.</p>
+
+<p class='c001'>However, even as the matter now stands, something
+must be captured, and I would suggest as a remedy for
+this enormous Admiralty Court evil to assimilate the
+regulations of those courts to the courts of law. Pay
+the judges and officials as other judges and officials are
+paid. Permit officers of the navy to choose their own
+proctors, as suitors in other courts choose their own
+attorneys. It is not honourable to the Government nor
+just to those serving under its authority, to compel
+officers to place the litigation of all prizes—even detained
+neutrals—in the hands of one individual, who,
+under the name of proctor, may have hundreds of causes
+in hand at the same time. The detention of a neutral
+may compromise a captain’s fortune in the event of an
+unfavourable or hurried decision, for in such cases the
+liability to damages falls exclusively on captains, the
+admirals and crews having no responsibility. For my
+own part, as it was neither my bounden public duty,
+nor safe to my personal interests, to interfere with
+neutrals, I avoided their detention, however apparently
+flagrant the violation of their nominal neutrality.</p>
+
+<div class='quote'>
+
+<p class='c001'>“He (Lord C.) would not trouble them with anything concerning
+himself, because he trusted he had a remedy elsewhere.
+The noble lord then stated that altering or regulating the fees
+established by the King in council, for the island of Malta, was
+contrary to Act of Parliament, that when he went to Malta five
+years ago he found the fees very exorbitant; and, in order to
+prove to the House that the fees demanded now were fees which
+had been altered since the table of fees was sent out, the
+<span class='pageno' id='Page_191'>191</span>noble lord mentioned an instance of thirteen small vessels
+which had been taken by the gallant Captain Brenton, who
+lately lost his arm in the service, being brought into the Vice-Admiralty
+Court for condemnation; the charge made for
+doing that act (which must be done before the prizes could
+be sold) was 3767 crowns; but on a severe remonstrance
+from Captain Brenton, the Judge deducted 3504 crowns, and
+was glad to accept 263 crowns instead of 3767, rather than
+have a noise made about it in England.</p>
+
+<p class='c001'>“He (Lord C.) could assure the House the subject was
+well worthy their attention; and, if the Lords of the
+Admiralty knew all the circumstances, he was confident
+that, instead of opposing, they would support his motion.
+He meant to accuse the Judge, the Marshal, and the Registrar
+of the Court with abuse of their offices, and concluded
+by moving, ‘That there be laid before this House,
+1. Copy of the Commission or Appointment of Dr. Sewell to
+officiate as Judge of the Vice-Admiralty Court of Malta. 2.
+Copy of the Commission or Appointment of Mr. John Jackson
+to the office of Marshal to the said Court. 3. List of the
+Proctors officiating in the said Court, with the dates of their
+admission. 4. Copy of the Appointment of Mr. Locker to
+execute the office of Registrar of the said Court. 5. Copies
+of the several deputations given by the Registrar and the
+Marshal of the said Court to their respective deputies to the
+end of February last; together with the notifications of those
+appointments to the High Court of Admiralty, or the Board
+of Admiralty, with the reasons assigned for such nominations
+or appointments. 6. Copies of any representations made to
+the Lords Commissioners of the Admiralty regarding the
+incompatibility of the situations of Proctor and Marshal,
+united at Malta in the person of Mr. Jackson, and the consequent
+correspondence with the Court of Admiralty, or the
+Judge of the Court of Admiralty, on that subject. 7. Copy
+of any Table of Fees established by His Majesty in Council,
+and furnished to the Courts of Vice-Admiralty under the Act
+of 45 Geo. III. c. 72, or any other Act of Parliament. 8.
+<span class='pageno' id='Page_192'>192</span>Copy of the Table of Fees by which the charges were made
+on the suitors in the Court at Malta. 9. Copy of the Authority
+by virtue of which the Judges of the Vice-Admiralty
+Courts are empowered to alter or amend the Table aforesaid;
+or to make any other Table of Fees, to regulate the charges
+incurred by the suitors in that Court. 10. Copies of Official
+Demands made, or Official Correspondence which has taken
+place, between the Judge of the Vice-Admiralty Court at
+Gibraltar, or at Malta, and the High Court of Admiralty,
+or the Judge of the High Court of Admiralty, requiring
+or regarding a Table of Fees to be sent for the guidance of
+those Courts, or either of them. 11. List of the number of
+vessels that have been prosecuted in the Court of Vice-Admiralty
+at Malta, and which have been liberated on payment
+of costs and damages or otherwise. 12. Copies of the Appointments
+which —— Wood, Esq., late Secretary to Lord
+Viscount Castlereagh, holds in the island of Malta.’</p>
+
+<p class='c001'>“<span class='sc'>Mr. Yorke</span> said that he did not mean to object to the
+production of the greater part of the papers moved for by
+the noble lord. His motion seemed to charge with extortion
+the persons connected with the Admiralty Court at Malta;
+and certainly the <span lang="la"><i>prima facies</i></span> appeared to justify it, and
+some reform might be necessary in some of the departments,
+which induced him to acquiesce in the general features of
+the noble lord’s motion; but some difficulty might exist in
+the production of one or two of the papers he moved for, as
+they possibly implicated some private correspondence which
+it would be improper to produce. Many of the papers moved
+for must be brought from Malta, and therefore it would be
+impossible that the investigation could take place this session;
+and he hoped the noble lord would, on examination, if he
+found just ground, persevere in his motion, as it was certainly
+highly improper for the dignity of the House and the due
+management of the affairs of the country that a remedy
+should not be applied to those evils, if they existed.</p>
+
+<p class='c001'>“<span class='sc'>Sir John Nicholl</span> (King’s Advocate), while he admitted
+with the First Lord of the Admiralty, that the case, as it stood
+<span class='pageno' id='Page_193'>193</span>at present called for inquiry, thought proper at the same
+time to state, in the absence of his learned friend (Sir W.
+Scott), that he had no control over the Vice-Admiralty Court
+of Malta in matters of prize. The appeal lay to the King
+in Council, and his learned friend was not in the smallest
+degree responsible. If the abuses charged by the noble lord
+existed, they ought to be corrected; but his doubt was as to
+the means. His Majesty in Council had authority to correct
+abuses as to fees, &#38;c.; but no application, as far as he knew,
+had been made in that quarter. It was the fashion now to
+come to Parliament in such cases. As to the character of the
+Judge of the Prize Court at Malta, he not having been in the
+habit of corresponding with him could not undertake to
+speak positively to that point. Having practised with him
+for some time at the same bar, he had every reason to believe
+that he was a man of talent and integrity, and the noble lord
+knew that he was not wanting in spirit to execute what he
+thought right. He was absent, and he was a Judge—and
+no prejudices ought to be admitted against him till he had an
+opportunity of being heard in his defence. He hoped the
+noble lord was under a misapprehension. The regulation of
+the fees had been probably left to the Judge because he himself
+could hardly have any interest in augmenting them.
+They could hardly fall below 2000<i>l.</i>, to which sum only he
+was entitled out of them. From the failure of the noble
+lord in substantiating charges made by him on former occasions,
+it might be fairly inferred that accusations preferred by
+him might possibly turn out to be unfounded.</p>
+
+<p class='c001'>“<span class='sc'>Sir Francis Burdett</span> said he should have made no observation
+on the subject, after having seconded the motion,
+but from what had fallen from the right hon. gentleman who
+had just sat down, that his noble colleague had not substantiated
+the charges he formerly brought forward. The reason
+of this was obvious; the noble lord had never had an opportunity
+given him to substantiate his charges. He had pledged
+himself to prove them at the bar of the House, but his motion
+for a committee was negatived.</p>
+
+<p class='c001'><span class='pageno' id='Page_194'>194</span>“<span class='sc'>Mr. Rose</span> said that when abuses in the Vice-Admiralty
+Courts abroad were detected, measures were always taken to
+rectify them, and proceedings were at present pending <em>against
+three of those courts</em>. But he defied the noble lord to point
+out any impropriety in the Admiralty Courts at home. After
+the minutest investigation, he could not find a single ground
+of complaint against the officers of that Court. The proctor
+for the navy was remarkable for his attention and integrity,
+and his charges were more moderate than those of any other
+proctor. The interests of the officers of the navy were as
+well attended to as those of any individual. The noble lord
+had failed in two charges on former occasions. He had
+brought charges against the Admiralty Court, and against
+the Government for the treatment of the prisoners of war.
+Both were utterly unfounded. The prisoners, as had been
+found on inquiry, were even more healthy than our militia
+regiments.</p>
+
+<p class='c001'>“<span class='sc'>Mr. Lyttleton</span> said the right honourable gentleman who
+had spoken last <em>allowed abuses existed</em>; he did not know
+whether it was so or not, but he knew several officers of the
+navy of the highest character who complained loudly that
+there were, and this was in his opinion good ground for
+granting the present motion.</p>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> stated that, having complained to the
+Admiralty here of a grievance in being obliged to submit to
+exorbitant charges in the prosecution of a prize cause at
+Malta, the opinions of the Attorney and Solicitor-General, and
+other lawyers, had been put into his hands, purporting
+that his plan was to apply to the Judge at Malta. He wrote
+to the Judge accordingly, who referred him to the Proctor,
+as he did not choose to enter into private correspondence
+with suitors in causes before him. He then wrote to the
+Proctor, who sent for answer that it was unprecedented to
+demand a bill to be taxed that had been paid so long ago as
+1808; so that he thought his having got the money a good
+reason for not parting with it. He then wrote to the
+Judge but got no answer, and this was the redress he got in
+<span class='pageno' id='Page_195'>195</span>the quarter where the crown law officers had advised him to
+apply. The noble lord further observed, that in opposition
+to the act of the 45th of the King, the Judge at Malta had
+not only established but altered the table of fees. An allusion
+was made to the spirited conduct of the Judge; but he had
+affidavits of Captain Maxwell and others, who were present,
+that the Judge had admitted that he had no proof of the
+crime for which he (Lord C.) had been sent to gaol. Against
+him, however, he would proceed in another way, unless he
+should find it necessary to call for the interference of the
+House to bring this Judge home. He had consulted lawyers,
+and understood that he could not proceed against him till he
+came to this country. As to his former charges, he had been
+denied the opportunity of proving them. He concluded by
+repeating his charges of extortion, &#38;c., against the Judge and
+Marshall.</p>
+
+<p class='c001'>“<span class='sc'>Mr. Whitbread</span> said that if the official correspondence
+did not clear up the case, he would move for further papers
+if no one else did.</p>
+
+<p class='c001'>“Some alterations were then made in the motion, in consequence
+of a difference of opinion as to the construction of
+the 45th of the King, relative to the establishment of tables
+of fees in the Prize Courts, after which they were all carried.”</p>
+
+</div>
+
+<p class='c001'>Notwithstanding the admission of the First Lord of
+the Admiralty that the papers were necessary, and that
+they were produced, it is scarcely creditable that the
+Government subsequently refused to act in the matter,
+thus turning a deaf ear to proofs that the enactments of
+the Legislature were defeated by the rapacity of distant
+Admiralty Courts, which continued to impound without
+scruple the rewards which the Legislature had decreed
+for effective exertion.</p>
+
+<p class='c001'>The naval reader who may wish to know more respecting
+the extortionate fees of these courts may refer
+<span class='pageno' id='Page_196'>196</span>generally to Capt. Brenton’s “Life of Lord St. Vincent.”
+I will extract one passage. He says (vol. ii. p. 166):—“Lord
+Cochrane made a statement of some facts to this
+effect in the House of Commons, but he might have
+gone much further. The proctor’s bill for a prize taken
+by the <i>Spartan</i>, when my brother commanded her, was
+1025<i>l.</i>, which, when refused payment and taxed, <em>was
+reduced to 285l!</em>”</p>
+
+<p class='c001'>Capt. Brenton thought “I might have gone much
+further.” So I might, but with as little effect. Even
+the facts I did state were impudently denied or shamelessly
+defended.</p>
+
+<p class='c001'>On the 14th of June an attack was made upon me by
+the Secretary of the Treasury, on account of some
+remarks which I had deemed it my duty to make on
+the condition of the French prisoners at Dartmoor.
+In consequence of circumstances which had come to
+my knowledge, I visited that prison and <em>was refused
+admittance</em> the moment my name was announced. This
+did not, however, prevent my surveying the prison from
+an eminence on the exterior: this cursory inspection
+confirmed the information I had received.</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Mr. Rose</span> observed that it would appear from these
+documents that the total number of French prisoners remaining
+in England amounted to 45,939, and that the
+returns of the sick were 321. The number on parole were
+2710; and the sick 165. This statement, he conceived, would
+be a sufficient answer to the imputations of negligence upon
+the part of the Government which had been thrown out by a
+noble lord.</p>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> referred to the manner in which he had
+been reproached by Mr. Rose’s pointed address, and thought
+<span class='pageno' id='Page_197'>197</span>it incumbent upon him, considering the repeated assertions
+of that hon. member, that he was unable to prove facts which
+he had stated to the House, to justify his conduct in having
+given notice of a motion relative to the prison in Dartmoor;
+but in which he did not persevere, for reasons very different
+from those assigned by the right hon. gentleman. His Lordship
+had never asserted that which he could not establish.
+The time that had elapsed would sufficiently evidence his reluctance
+to bring the matter to the knowledge of the public,
+fearing that a disclosure might add to the misfortunes of his
+countrymen in France.</p>
+
+<p class='c001'>“Having received many letters stating the condition of
+the prisoners of war at Dartmoor to be truly deplorable,
+he determined to investigate the subject; and, having had
+occasion to go to Exeter, he proceeded to Launceston and
+other depôts, whence he obtained the intelligence, and, being
+satisfied that the complaints had some foundation, he went
+to Dartmoor; but was refused admittance, even in his capacity
+as a member of Parliament (a laugh). Though members
+might laugh, he thought members of Parliament should
+be entitled to admission there, or to any other prison in the
+kingdom. Having contributed to place many individuals there,
+he applied for permission to see the interior, but was refused
+leave, except to look through a grating into the outer courtyard.
+He found the climate of the prison accurately and
+faithfully described, and he was the more anxious to see the
+interior, owing to the refusal directly given him. He inquired
+the reason for building a depôt in such a barren,
+elevated, and extraordinary situation, and was told that it
+was for the purpose of attracting inhabitants. He proceeded
+to Plymouth, where he obtained a plan of the prison, which
+fully corroborated one complaint, that the health of the prisoners
+had suffered by exposure to heavy rains whilst standing
+in an open space for several hours receiving provisions
+issued at a single door; the cooking-room being several
+hundred feet from the prison, which then contained six
+thousand prisoners, divided into messes of six; consequently
+<span class='pageno' id='Page_198'>198</span>one thousand were soaked through in the morning attending
+for their breakfast, and one thousand more at dinner. Thus
+a third were constantly wet, many without a change of
+clothes. He was told, however, that they gambled or sold
+them. On his second visit to Dartmoor his Lordship, being
+again refused admittance, began to explore the exterior, and
+found, by a very peculiar coincidence, that the manure from
+this prison had been placed on the only spot in Devon
+whence the stercoraceous matter of the depôt could descend
+on a neighbouring and elevated estate belonging to the
+Secretary of His Royal Highness the Prince Regent (Mr.
+Tyrwhitt). Had such a circumstance happened in the island
+of Walcheren to an estate of the Secretary of Louis Napoleon,
+he would not have been surprised. The prison of Dartmoor
+was built in the most inclement part of all England, on the
+top of the highest mountain in Devonshire, involved in perpetual
+rains and eternal fog. That the prison was not built
+there on a principle of economy might be seen by inspecting
+the contracts for provisions, coals, and necessaries furnished
+at Dartmoor and at Plymouth. He thought he calculated a
+difference of more than seven thousand pounds a year on
+the provisions alone. It might be very proper, he imagined,
+that prisoners should not be collected in great numbers at
+Plymouth, but he asserted that Dartmoor depôt ought not to
+have been placed upon the top of the highest and most
+barren range of mountains in Devonshire, where it is involved
+in constant fog, and deluged with perpetual rain.
+He had relinquished his intention of entering into the
+matter, because he received assurances that the situation of
+the prisoners would be immediately attended to. He would
+abstain from remarking upon the manner in which Mr. Rose
+had taken him by surprise, and wrested from him those facts
+in his own defence. Had he brought that matter forward
+voluntarily, his Lordship would have cleared the House, to
+prevent publicity.”</p>
+
+</div>
+
+<p class='c001'>Capt. Brenton, in his “Life of Lord St. Vincent,” when
+<span class='pageno' id='Page_199'>199</span>speaking of the treatment of our prisoners of war, bore
+testimony to the truth of my representations, which
+Mr. Rose had so emphatically denied:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“The charge of sick and wounded prisoners of war fell
+into the hands of a set of villains, whose seared consciences
+were proof against the silent but eloquent pleading of their
+fellow-creatures—sick and imprisoned for no crime, in a
+foreign land, far away from their friends and relations.”
+(Vol. ii. p. 165.)</p>
+
+</div>
+
+<p class='c001'>No one supposed the Government to be guilty of the
+matters complained of, but they refused to inquire into
+the conduct of those who were, thereby protecting them
+in their iniquity. I saw at Dartmoor old and <em>recently
+mutilated</em> bulls, covered with dust and gore, driven
+along the road towards the prison, leaving tracks of
+blood behind! Thus the contract for supplying the
+prisoners with <em>ox beef</em> was fulfilled by some partisan
+of the government, who had <em>sublet</em> his contract to
+a Devon butcher. It was not always in those days
+that a contract was given to the tradesman who fulfilled
+it.</p>
+
+<p class='c001'>On the 18th of July I brought forward a motion on
+the subject of my arrest at Malta:—</p>
+
+<div class='quote'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>“<i>Conduct of the Vice-Admiralty Court at Malta.—Arrest of Lord Cochrane.</i></div>
+ </div>
+</div>
+
+<p class='c023'>“<span class='sc'>Lord Cochrane</span> rose and said:—</p>
+
+<p class='c001'>“<span class='sc'>Sir</span>,—The delay that has taken place since my return to
+England, and the legal authorities that I have consulted, will,
+I trust, evidence that I trespass on your attention with reluctance,
+relative to the conduct of the Judge and members of
+the Court of Vice-Admiralty at Malta; partly from a desire
+to avoid the possibility of private motives being imputed to
+<span class='pageno' id='Page_200'>200</span>me, but chiefly from a conviction that Parliament should not
+interfere in matters cognisable in the courts of justice.</p>
+
+<p class='c001'>“How far, under the last impression, I am warranted in
+calling upon this House to exercise an authority in the present
+instance, will appear by the opinions of Sir A. Piggott,
+Mr. Holroyd, Mr. Leach, and of another learned gentleman
+who is not now in his place. ‘Process of the Courts,’ says
+Sir A. Piggott, ‘does not extend to Malta: there is no mode
+whilst they are abroad to compel appearance to actions here.’
+The answers of the other learned gentlemen being the same
+in substance, I need not detain you by reading them.</p>
+
+<p class='c001'>“Three years have passed since I memorialised the Admiralty
+on this subject; it cannot therefore be said that I
+have acted with precipitation. Indeed, I have had time
+enough to reflect, and I do assure you that I am fully aware
+of the responsibility which I shall incur if I fail in establishing
+whatever accusations I bring against a judge presiding in
+one of His Majesty’s courts, and against those acting under
+his authority; but furnished as I am with original documents,
+having the signatures of the judge and members of
+the Court, I am not inclined to shrink from the task of
+proving their violation of the Acts on your table, especially of
+the 37th, 38th, 39th, and 41st sects. of the 45th of his
+present Majesty, c. 72. The first of which empowers the
+King in Council alone to make or alter a table of fees to
+regulate the charges in Courts of Vice-Admiralty, and yet
+the members of the Court of Malta fabricated one for themselves,
+which the judge subsequently altered by affixing a
+note in his own hand, abolishing the table <span lang="la"><i>in toto</i></span>, except by
+reference to certain unascertained charges made in a distant
+court, which were not set forth. This note is as follows:
+‘At a meeting of all the members of the court shortly after
+its arrival, for the purpose of settling what should be considered
+as reasonable fees, it was agreed, that in no instance
+they should exceed the proportion of one third more than
+those paid for similar services in the High Court of Admiralty
+in England,’ signed ‘J. Sewell;’ who thus assumed
+<span class='pageno' id='Page_201'>201</span>the authority of the King in Council, in open violation of
+the 37th, and in contempt and defiance of the penalties
+enacted by the 38th and 39th sections, which declare that
+‘receiving or taking any fee or fees beyond those specified in
+the table aforesaid,’ that is, the table authorised by the King
+in Council, shall be punished by the loss of office; and
+further, ‘demanding or receiving any sum or sums of money
+other than the fees aforesaid shall be deemed and taken to
+be extortion and a misdemeanour at law, and shall be
+punished under and by virtue of this Act.’ Words cannot
+convey a more distinct prohibition, and yet I hold in my
+hand demonstration of an opposite line of conduct being
+pursued by the Court. This is not all; the law directs that
+the ‘Table of Fees, authorised as aforesaid, shall be suspended
+in some conspicuous part of the Court in which the
+several judges of the Vice-Admiralty Court shall hold their
+courts.’ At Malta, however, it was concealed, first, during
+five years in a drawer, and when taken therefrom in consequence
+of loud complaints on the subject of their charges,
+it was affixed, not ‘in some conspicuous part of the Court,’
+not in the Court at all, but on the door of a private room
+behind the Registry, where suitors could have no access to it.</p>
+
+<p class='c001'>“Sir, The fabricating, altering, and concealing the table
+of fees is, perhaps, the least profligate part of their conduct.
+What will the House think when they find that John
+Jackson the marshal, who, to the knowledge of the judge,
+<em>acts also as proctor in defiance of the law</em>, is in the constant
+habit of charging his clients of the navy for attending, feeing,
+consulting, instructing, and admonishing himself, and
+this in the very teeth of the 41st section, which enacts that
+‘No registrar or deputy-registrar, marshal or deputy-marshal,
+of or belonging to any of His Majesty’s Courts of Vice-Admiralty,
+shall, either directly or indirectly, or himself or
+themselves, or by any agent or agents, or any person or
+persons whomsoever, act or be concerned in any manner
+whatsoever, either as an advocate or proctor.’ Mr. Jackson’s
+charges are so ingenious that I must beg leave to read a few
+<span class='pageno' id='Page_202'>202</span>of them. ‘Attending in the Registry and bespeaking a
+monition, two crowns; paid for the said monition, under
+seal and extracting, nine crowns; copy of the said monition
+for service, two crowns; attending the marshal (himself,
+observe) and instructing him to serve the same, two
+crowns; paid the marshal for service of said monition, two
+crowns; certificate of service, one crown; drawing and engrossing
+an affidavit of service, two crowns; oath thereto
+and attendance, two crowns, two reals, and three scudi.’
+How exact! ten shillings and two-pence three farthings for
+an oath that he had attended on himself with a monition!
+One of these bills was taxed by the deputy registrar, who
+admitted these iniquitous charges. Yes, Sir, they were
+allowed and admitted by Stevens, the deputy registrar, who
+treats his friends with Burgundy and Champagne out of the
+proceeds of captures made by the navy, from which fund,
+John Locker, the sinecure registrar, like the sinecure registrar
+at home, also derives his unmerited emoluments. I ask,
+is it fit that the reward granted by His Majesty and the
+legislature to the navy, for the toil and risk which they
+undergo in making captures from the enemy, should be thus
+appropriated?</p>
+
+<p class='c001'>“That I had a right to demand the taxation of such a bill
+as that which I have shown there can be no doubt, even if I
+could not produce the opinion of His Majesty’s Attorney-General
+to that effect. Yes, the opinion of Sir V. Gibbs, and
+of the Solicitor-General, signed also Charles Robinson, William
+Battine, T. Jarvis, to all of whom the memorial which
+I presented to the Admiralty was referred in April, 1809.
+‘The expenses,’ say these learned gentlemen, ‘in this case do
+not appear to have been brought to the knowledge of the
+Court so as to have given the judge an opportunity of exercising
+his judgment upon them; that would be the proper
+mode of redress for grievances of this description.’</p>
+
+<p class='c001'>‘Thus instructed, I addressed the judge on my return to
+Malta, in February last, soliciting that he would be pleased
+to direct my bill to be taxed, to which he returned the following
+<span class='pageno' id='Page_203'>203</span>answer, addressed on His Majesty’s service:—‘My Lord,
+In reply to your letter of yesterday’s date, I beg leave to
+refer you to your proctor for the information you are desirous
+of, it not being the practice of the Vice-Admiralty Court
+here, any more than the Court of King’s Bench in England,
+to enter into private correspondence with suitors on the
+subject of their suits or of any matters connected with them.
+Signed J. Sewell.’</p>
+
+<p class='c001'>“It appeared extraordinary that I should be referred to
+the person complained of, as judge in his own cause. Still,
+however, in compliance with Dr. Sewell’s advice, I directed
+my agent to make the application, and the following, as
+might have been anticipated, was the ingenious gentleman’s
+reply:—‘Sir, My bill in this case having been delivered to
+you so long ago as the 8th of August 1808, and having been
+paid by you soon after, I was a good deal surprised at your
+note, received yesterday, informing me that Lord Cochrane
+wishes to have the said bill taxed, and therefore I beg that
+you will apprise his Lordship that it is a thing quite unprecedented
+to tax a bill which is paid. I should have supposed
+that the advice I gave his Lordship, not to proceed in
+this cause, would have exempted me from the suspicion of
+having made unwarrantable charges. Signed John Jackson.’
+As the unwarrantableness of the charges did not rest on suspicion,
+I wrote to Mr. Jackson myself, who answered:—‘I
+humbly conceive that your Lordship is not now entitled to
+demand a copy of your account, and therefore I beg that you
+will excuse me from complying with such demand.’ I next
+required him to submit my account for taxation, this he also
+declined as follows:—‘My Lord, In reply to your letter of this
+day, I have to inform you that I cannot consent to open an
+account that was closed two years ago, and that is my only
+objection to my bill in the cause of King George being
+taxed, which I hope your Lordship, on reflection, will see to
+be a reasonable objection.’ I confess I did not consider the
+lapse of two years to be any objection at all, particularly as I
+was absent from Malta when the bill was paid, and no earlier
+<span class='pageno' id='Page_204'>204</span>opportunity had offered to call for a revision of the charges;
+for this reason, and fortified with the opinion of the learned
+gentleman opposite (Sir V. Gibbs) about a month afterwards,
+I again addressed Dr. Sewell on the subject, who, so far from
+‘exercising his judgment’ on the marshal’s iniquitous bill of
+costs, did not condescend to take the slightest notice of my
+communication, though furnishing him with extracts from
+Mr. Jackson’s written refusals. Neither did the judge reply
+to a note delivered to him on the following day.</p>
+
+<p class='c001'>“Being thus excluded from the ‘proper mode of redress
+for grievances of this description,’ I proceeded to the court-room
+of the Vice-Admiralty for the purpose of comparing the
+charges contained in numerous bills in my possession with
+the established fees, which I was instructed by the Acts of
+Parliament, ‘should be suspended in some conspicuous part
+of the Court,’ every part of which I searched in vain; neither
+was the table in the Registry, where His Majesty’s Advocate
+directed me to look for it, who, on my returning into Court
+again, to make further inquiry, said that I would find it
+affixed on a door leading to the adjoining room.</p>
+
+<p class='c001'>“That mutilated paper, concealed contrary to law, I was
+accused of having taken down and carried away from a place
+where it could not have been affixed, except in defiance of
+these statutes, and in contempt of justice. That, Sir, was the
+paper for which I was followed through the streets of Malta
+for the space of a week by the deputy auctioneer, styled in
+the judge’s warrant and attachments by the title of ‘deputy
+marshal,’ but who, in fact, never had an authority from the
+marshal; perhaps, because the marshal was conscious of
+having vitiated his powers by the illegal acts of which he
+was guilty, and thus thought to escape the consequences
+which might arise from the acts of his nominal deputy. So
+loosely are things conducted in that Court! Surely no
+reasonable man can blame me for refusing to be taken to gaol
+by the deputy auctioneer. Indeed, Chapman admits, in his
+affidavit of the 24th of February, that my objection was to
+his want of authority; for, I naturally concluded that unless
+<span class='pageno' id='Page_205'>205</span>he was an officer of the Court his acts might be disowned, and
+thereby the guilty would escape punishment.</p>
+
+<p class='c001'>“That this was the view which I took of the case, will
+appear by my offering no resistance to James Houghton
+Stevens, who was appointed on Chapman’s nominal resignation;
+I say, Sir, that I offered no resistance, for, by refusing
+to walk to gaol, I did no more than decline, by an act of my
+own, to contribute to illegal proceedings.</p>
+
+<p class='c001'>“It is not my intention to trouble the House at length
+relative to this affair, which is of trifling importance compared
+with the mischiefs that arise from the system of plunder
+and abuse practised in the Courts of Vice-Admiralty. However,
+it may not be improper to mention that I was conducted
+by the keeper of the gaol to a place with a broken window
+barred with iron, furnished with an old chair, and a close-stool
+in the corner. From this, however, I was removed, as
+the judge began to fear the consequences of his illegal acts;
+and on the third day, being brought from the keeper’s room
+to the Court of Vice-Admiralty, there, without an accuser,
+except the judge, that learned and worshipful gentleman
+attempted in the absence of proof to administer a long string
+of interrogatories, which I, of course, refused to answer, and
+thereby furnished what might be construed by him into evidence
+of my having taken away his illegal table. Being
+further pressed and threatened, I delivered a protest in
+writing, ‘against the illegal warrant issued by William
+Stevens, an examiner and interpreter to the Vice-Admiralty
+Court of Malta, registered merchant, commission broker, and
+notary public, calling himself deputy registrar of the Court,
+and professing to act under an appointment of John Locker,
+sinecure registrar, and further against the illegal endeavours
+to execute the warrant by John Chapman, deputy auctioneer,
+acting for and on behalf of —— Wood, late private secretary to
+Lord Castlereagh, a non-resident, enjoying an income of
+about seven thousand pounds sterling per annum, derived
+from the sale of prizes and the goods of merchants trading to
+Malta, but calling himself deputy marshal of the Vice-Admiralty
+<span class='pageno' id='Page_206'>206</span>Court, and professing to act under an appointment from
+John Jackson, proctor and marshal, contrary to law; and
+farther against all acts of the said John Jackson, in the
+capacity of marshal, by himself or his deputy, and against
+John Locker, sinecure registrar, and William Stephens,
+calling himself deputy registrar: John Locker having, under
+the signature of William Stephens, taxed bills of fees and
+expenses of the Court of Vice-Admiralty, wherein the fees of
+the said John Locker and William Stephens in their capacity
+of registrar, deputy registrar, examiner, interpreter, &#38;c. &#38;c.
+&#38;c., are made and examined by themselves, and in which
+various illegal charges were allowed and suffered to be made
+by John Jackson, as proctor, for attending, feeing, consulting,
+and instructing himself as marshal; in which double capacity
+he acts, in defiance of the 41st and of the 45th Geo. III.
+chapter 72.’ And further, I solemnly protested John Sewell,
+styling himself judge of the aforesaid Court, for refusing, by
+letter dated the 13th January, 1811, to order satisfaction to
+be given by the said John Jackson, referring to him a judge
+in his own cause; and likewise for not having given any
+answers to official letters delivered to him, bearing date the
+19th and 20th of February, 1811, on the same subject. And
+further, I protested against the said John Sewell, for not
+complying with the Act of Parliament, which directs that
+‘a table of fees shall be suspended in some conspicuous part of
+the Court, in which the several judges of the Court of Vice-Admiralty
+hold their sittings.’</p>
+
+<p class='c001'>“Sir, The judge at first refused to receive any protest, but
+afterwards did so; and afterwards I was re-committed to
+prison, not for contempt of court, but for the old accusation
+of not having complied with certain warrants addressed to a
+person styled deputy marshal, who never had an authority to
+act as such. That no proof existed of my having taken the
+table of fees will appear from the following affidavit of Commodore
+Rowley, Commissioner Fraser, and Captain Murray
+Maxwell, of the navy:—</p>
+
+<p class='c001'>“Be it known to all persons whomsoever it may concern
+<span class='pageno' id='Page_207'>207</span>that on the 2nd day of March, in the year of our Lord 1811,
+personally came and appeared before me the undersigned
+notary-public Percy Fraser, commissioner of His Majesty’s
+navy, resident in the island of Malta, Charles Rowley, Esq.,
+captain of His Majesty’s ship <i>Eagle</i>, and Murray Maxwell,
+Esq., captain of His Majesty’s ship <i>Alceste</i>, and solemnly
+made oath that on the aforesaid 2nd day of March, whilst the
+Court of Vice-Admiralty of the said island of Malta was sitting,
+they severally and distinctly heard John Sewell, LL.D.
+the judge thereof, and whilst sitting in his judicial chair,
+admit in open Court, and in the presence of divers persons
+there assembled, to the Right Honourable Lord Cochrane
+that there existed no proof in the aforesaid court of his said
+Lordship’s having taken down the paper in question, by the
+judge aforesaid called the table of fees.</p>
+
+<div class='c020'>(Signed) Percy Fraser, C. Rowley, Murray Maxwell.’</div>
+
+<p class='c001'>‘On the second day of August, 1811, the aforegoing attestation
+was duly sworn at Malta, where stamps are not used,
+before me, Chas. Edw. Fenton, Notary-Public.’</p>
+
+<p class='c001'>“Notwithstanding the confession of the judge in open Court
+thus attested, I remained unnoticed three days longer in the
+public gaol, where I now clearly saw that it was the intention
+of the judge to detain me until the packet had sailed for
+England, and probably until she returned to Malta with instructions.
+I therefore wrote to the Governor, who, having
+consulted Messieurs Moncreiff, Forrest, and Bowdler, three
+gentlemen of the law, sent me their opinion, that His Excellency
+should not interfere with a Court, acting, as they
+were pleased to call it, under His Majesty’s authority, although
+in violation of the law. I addressed the President also, who
+said, that the Courts of Malta could not interpose. Indeed,
+had it been otherwise, little good could have been expected
+from an appeal to these Courts, which are still governed by
+the iniquitious and oppressive code of Rhoan, to the disgrace
+of all the ministers who have ruled since the surrender of
+the island to England. Sir, The Maltese stipulated then that
+<span class='pageno' id='Page_208'>208</span>a constitution securing property and rights should be granted,
+and trial by jury; but these have been denied, and examinations
+are still taken, and sentence pronounced, with shut doors,
+by their judges, whose appointments are during pleasure. I
+do not impute blame to His Excellency the Governor, for
+whom I have a high respect, yet I must say that the system
+of blending the military and civil authority cannot fail to
+become oppressive. Ministers have no better excuse for this
+union of power contrary to the express stipulations of the
+inhabitants of the island, than a despicable petition signed
+by the dependents on Government, and shamelessly transmitted
+and received as the voice of the people! Being
+furnished with an affidavit that the judge did not intend to
+proceed in the matter on the next Court day, I resolved, as
+the door was locked and guarded, to get out by the window,
+which I according effected; and the following proclamation
+was issued for my apprehension, in which I am designated
+by as many names as if I had been a notorious thief:—</p>
+
+<p class='c001'>ce
+“‘<span class='sc'>Escape of Lord Cochrane.</span></p>
+
+<p class='c001'>“‘Whereas, the Honourable Thomas Cochrane, esquire,
+otherwise the Honourable Sir Thomas Cochrane, Knight
+Companion of the most Honourable Order of the Bath, commonly
+called Lord Cochrane, escaped out of the custody of
+James Houghton Stevens, the Deputy Marshal of the Vice-Admiralty
+Court of this Island, from the prison of the Castellanea
+during the course of last night. This is to give
+notice, that whoever will apprehend or cause to be apprehended
+the said Lord Cochrane, and deliver him into the
+custody of the said Deputy Marshal, shall receive a reward
+of Two Thousand Scudis currency of Malta, and that whoever
+will give such information as may lead to the apprehension
+of any person, or persons, who was or were aiding and
+assisting the said Lord Cochrane in such his escape, shall
+receive upon such conviction, if only one person was so aiding
+and assisting, the sum of One Thousand Scudis, or if
+more persons than one were so aiding and assisting, then
+<span class='pageno' id='Page_209'>209</span>upon the conviction of each of such persons the sum of
+Five Hundred Scudis, notwithstanding that in such latter case
+the person so giving information shall himself have been
+aiding and assisting to the said escape. Witness my hand,
+this sixth day of March, 1811.—<span class='sc'>Jas. H. Stevens</span>, Deputy-Marshal.
+No. 188 Strada Stretta.’</p>
+
+<p class='c001'>“Now, Sir, although the treatment which I received is
+altogether foreign to the main point, yet I am desirous to
+learn from you as Speaker of this House, whether my imprisonment
+was or was not a breach of the privilege of parliament?”</p>
+
+<p class='c001'><span class='sc'>The Speaker.</span>—I do not know whether the House expects
+me to reply to the questions which the noble lord has put to
+me, perfectly new as one appears to be; but, as far as my
+information goes, I will give it, if the House thinks fit that I
+should do so. (Hear, hear!) With respect to the privileges of
+the House, I know of no means of enforcing its privileges, but
+in the usual way, from time immemorial, by its own officers;
+and I never knew one instance of any officer having been
+sent across the seas at the instance of any member, on a
+complaint of insult offered to him personally. (Hear, hear!)
+So much for the question of privilege. In the next place I
+never knew an instance in which any member of parliament,
+properly before a court of justice, was at liberty to treat
+with impunity the proceedings of that court, or to say that
+what was done in respect to himself was done in contempt,
+or that could authorise him to say that the privileges of parliament
+were infringed in his person for such conduct.</p>
+
+<p class='c001'><span class='sc'>Lord Cochrane.</span>—Sir: It was at first my intention, to
+have moved an address to the Prince Regent, to recall the
+judge, registrar, and marshal, to answer for their conduct
+and proceedings, contrary to the express words of acts of
+parliament; but on consideration, and in compliance with
+the suggestion of the First Lord of the Admiralty, I have
+thought it better to move, “That a committee be appointed
+to examine, into the conduct of the judge, registrar, and
+marshal, and their deputies, of the Court of Vice-Admiralty
+<span class='pageno' id='Page_210'>210</span>at Malta, for the violation of the 37th, 38th, 39th, and 41st
+sections of the 45th, Geo. 3, cap. 72.”</p>
+
+<p class='c001'><span class='sc'>Mr. P. Moore</span> seconded the motion, not from any knowledge
+of its merits, but thinking that if the matter of charge
+was not inquired into it would reflect upon the House.</p>
+
+<p class='c001'><span class='sc'>Mr. Stephen</span> could not avoid applauding the benevolent
+motive of the honourable gentleman who had seconded the
+poor outcast of the noble lord. With respect to the conduct
+of the learned judge alluded to, he was satisfied it was the
+opinion of the House that he had done nothing amiss—that
+the dignity of his office required that he should exert his
+authority after the direct insult that the noble lord had
+offered to the court. The charge against the noble lord was
+for taking down the public document of the court, a charge
+which he had not denied, nay, indeed, the noble lord had
+exhibited what he termed a fac-simile of the table of fees,
+and so closely imitated, that the very impression of the
+wafers—the document itself, and its smoke-dried appearance,
+seemed to proclaim its originality. The conduct of the
+noble lord, when required to answer for this contempt, was
+not merely that he refused to obey the monition, but that he
+pulled out a pistol, and threatened to shoot any man who
+attempted to execute it upon him. Chapman, the officer,
+therefore (and the fact was confirmed by two witnesses),
+thought it not prudent to execute a warrant at the point of a
+pistol, and had not the courage to act. The noble lord had
+stated that he refused to answer interrogatories, and that he
+made a protest against the proceedings of the court. It was
+not regular for the court to receive protest arraigning its proceedings,
+and upon the inquiry it did not think there was sufficient
+grounds for discharging the noble lord from his arrest.
+If, however, he was aggrieved, there was a channel through
+which he might have had redress, without coming to the
+House, by appearing before the Privy Council, and stating
+his charges against Dr. Sewell, who would, if proved, be removed.
+But should there not have existed, in the executive
+government, a disposition to redress the noble lord’s grievances,
+<span class='pageno' id='Page_211'>211</span>then it would have been open for him to appeal to the
+House, but to come at the end of the session was not very
+regular. Dr. Sewell was a person of correct conduct, and unlikely
+to act with injustice to any individual.</p>
+
+<p class='c001'><span class='sc'>Mr. Yorke</span> objected to the motion on three grounds: first,
+because the case was one of the <em>most frivolous</em> ones he had
+ever met with; secondly, because the noble lord, if he had
+just cause for complaint, should have made it at the Admiralty,
+and that Board would have investigated the complaint;
+and thirdly, because the complaint, instead of being
+made by the noble lord, was by his own showing a complaint
+against himself. He had this to state to the noble lord, that
+if he had not been an officer on half-pay he would have
+heard from the Board of Admiralty in a different way. With
+respect to the marshal exercising the office of proctor, in
+conjunction, he would recommend an inquiry to be made, as
+it was contrary to the express provisions of the Act of Parliament.
+But with respect to the noble lord’s case it was, he
+must repeat it, one of the most frivolous cases ever brought
+before Parliament.<a id='r78'></a><a href='#f78' class='c016'><sup>[78]</sup></a></p>
+
+<p class='c001'>“Mr. Rose,” said his lordship in reply, “has expressed
+his persuasion that the interests of the navy are best protected
+by being in the care of the king’s proctor; that is,”
+continued his lordship, “under the absolute control of one
+man, who, in addition to the management of his majesty’s
+business in two courts, and the monopoly of libelling and
+prosecuting to condemnation all the captures made by the
+navy, possesses also the exclusive privilege of conducting the
+numerous and intricate litigations which have arisen of late
+years out of the seizure of neutrals; causes in which not only
+the property detained is at stake, but all that a captor possesses
+is answerable for the costs of suit and demurrage, which, if he
+is unable to pay, he may be thrown into gaol, not for errors
+or misconduct of his own, but owing to neglect arising from
+confusion in an office where there have formerly been from
+<span class='pageno' id='Page_212'>212</span>1800 to 2000 causes in progress at one and the same time;
+an evil which, unfortunately for the country, is working its
+remedy in a way highly prejudicial to its best interests. Let
+me ask, would the right honourable gentlemen opposite exert
+themselves with zeal, if every motion they made subjected
+them to risk of costs, damages, and imprisonment? They
+would not sit on these soft cushions unless they were amply
+paid, although it is easier to do so than to make captures on
+the enemy’s coast. How would they like to be compelled, as
+the navy is, to employ one attorney to conduct all their
+affairs, even if he had not their opponent’s interests also to
+promote, as is the case with the procurator-general? Will
+such management of their affairs encourage the navy to
+impede suspicious commerce in neutral bottoms? And if
+the condemnation of a boat costs as much as the condemnation
+of a ship, is not the capture of the enemy’s coasting commerce
+virtually discouraged?</p>
+
+<p class='c001'>“Nothing,” he continued, “can better demonstrate the
+effect which the dread of fraud and neglect in the procurator’s
+office has on the exertions of the navy, than an account
+before the House, by which it appears, that the numbers of
+causes belonging to the whole navy amounted only to ninety-two,
+including droits of the Admiralty and Crown; while
+about three dozen privateers, possessing the inestimable privilege
+of employing counsel of their own choice, had actually
+110,—not injudicious captures, but such as had been sanctioned
+by the decisions of the lower courts. The navy are
+told, by a public minute in the procurator-general’s office,
+6 that it is the king’s proctor’s particular desire, in respect to
+his bills, first, that in all successful cases they should be made
+out moderately; secondly, that in unsuccessful cases they
+should contain those fees only which are allowed on taxation.’
+Permit me,” said Lord Cochrane, to ask what fees he is
+entitled to that are disallowed on taxation; and permit me to
+ask the treasurer, who is desirous to remove the misconception
+that prevails in the navy, if he thinks that were the commanding
+officers all compelled to employ one tailor, (the
+<span class='pageno' id='Page_213'>213</span>chancellor’s for instance,) that it would be quite satisfactory
+to learn, whilst there was a certainty of their cloth being
+damaged, that being cut and sewed by old women it was
+made up cheaper, as might be ascertained by a minute behind
+the shop-board; ‘that it was the master tailor’s particular
+desire, in respect to his bills, first, that the old ladies should
+be moderate in their cabbaging if the coat fitted; and secondly,
+if spoilt, that they should take only what they could
+get,’ would not persons thus restricted, and desirous of expedition
+or care, stimulate the old ladies by a dram; and
+would not they quit one job and take up another? Would
+the interests of all be best protected thus?”</p>
+
+<p class='c001'>Lord Cochrane instanced a case of capture, wherein the
+captor had a balance of 11<i>l.</i> 14<i>s.</i> against him in the prize
+courts, after the prizes were condemned. He stated a case
+wherein 63<i>l.</i> were deducted from a bill upon taxation, and
+the same sum to a farthing charged for taxing it; and he
+asked the attorney-general, whether he did, or did not, receive
+twenty-two guineas out of the pockets of the navy for
+every cause which came before the Court of Appeals, though
+he had attended but once there since the court commenced
+sitting in November. “Is this,” said he, “one of the law
+charges which the treasurer has no occasion to disapprove of?
+And does he think it right that the procurator, the boasted
+guardian of the interests of the navy, should not only pay
+the attorney-general for staying away, but fee another for
+coming to court, and performing his duty? I have passed
+nearly twenty years in the navy. Having been constantly
+employed until lately, I have had full opportunity to be
+acquainted with the feelings of those with whom I have
+mixed, and I believe that, unless the laws and regulations
+made to guide the Courts of Admiralty are reformed, captures
+will soon cease to be made. Were that done, the
+enemy would then suffer the loss of all the trade which is of
+such importance to France and her dependent states. Two
+thirds of our present naval establishment would be quite
+sufficient for the purposes of blockade, and all others; nay, I
+<span class='pageno' id='Page_214'>214</span>am clearly of opinion, that if the courts were reformed, it
+would be a benefit to our country if one third of our ships
+were converted into fire-wood. I am sure that the First
+Lord of the Admiralty would not vote against the production
+of papers and full investigation, if he knew the extent of the
+evil. He has, however, no means personally to become acquainted
+with the facts, and there are but few who will
+venture to inform him.”</p>
+
+</div>
+
+<p class='c001'>The motion was negatived without a division.</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_215'>215</span>
+ <h2 class='c006'>CHAP. XXXIII. <br> <span class='small'>OPENING OF PARLIAMENT, 1812.</span></h2>
+</div>
+
+<p class='c014'>SIR FRANCIS BURDETT’S ADDRESS SECONDED BY ME.—EMPLOYMENT OF
+THE NAVY.—NAVAL DEFENCES.—THE ADDRESS REJECTED.—CURIOUS
+LETTER FROM CAPT. HALL.—PERVERSION OF NAVAL FORCE IN SICILY.—A
+NAUTICO-MILITARY DIALECT.—USELESSNESS OF OUR EFFORTS
+UNDER A FALSE SYSTEM, WHICH EXCLUDES UNITY OF PURPOSE.</p>
+
+<p class='c022'>The opening of the session of 1812 was in many ways
+remarkable. The speech of the Prince Regent, read
+by the Lords Commissioners, made everything <span lang="fr"><i>couleur
+de rose</i></span>, both as regarded our foreign wars and domestic
+policy. Notwithstanding that we were on the brink of
+war with America, both Houses were assured that the
+affair of the <i>Chesapeake</i> had been “finally adjusted,
+though other, discussions were not yet brought to a
+close.” The finances were represented as being in a
+flourishing condition, and His Royal Highness had no
+doubt of the liberal disposition of Parliament “to
+sustain the country in the great contest in which it
+was engaged.”</p>
+
+<p class='c001'>The hollowness of these representations was met by
+Lord Grenville, who contrasted it with the “critical
+circumstances of the times, and the present alarming
+state of the country. The framers of the speech, said
+<span class='pageno' id='Page_216'>216</span>his Lordship, were the very men who by their obstinate
+blindness had brought the country to the brink of ruin,
+but who, in the midst of the distresses they had
+themselves occasioned, still held forth the same flattering
+and fallacious language. He would protest
+against a continuance of those measures which had
+brought such calamities upon the country. People
+might choose to close their eyes, but the force of truth
+must dispel the wilful blindness.”</p>
+
+<p class='c001'>Lord Grey similarly denounced the policy which
+was “the source of present and impending calamities.
+Yet these very complications were brought forward in
+assertion that the system of the government had contributed
+to the security, prosperity and honour of the
+country!” &#38;c. &#38;c.</p>
+
+<p class='c001'>In the House of Commons an unusual circumstance
+occurred. After the speech had been read by the
+Speaker, Lord Jocelyn was rising to move the usual
+complimentary address, but Sir Francis Burdett, having
+risen at the same time, first caught the eye of the
+Speaker, who decided that Sir Francis was in possession
+of the House.</p>
+
+<p class='c001'>One of the honourable baronet’s cutting speeches
+followed, in which he denounced the Ministers as an
+“oligarchy of rotten-boroughmongers”—who alike
+imposed upon the people and the Prince Regent. “A
+system of taxation had been created which ruined
+many and oppressed all. This fiscal tyranny being
+carried to its height, the lower orders had been reduced
+to a state of pauperism—whilst the desperate resistance
+which such pauperism was calculated to produce
+<span class='pageno' id='Page_217'>217</span>was kept down by the terrors of a military force.
+Depôts, barracks, and fortifications had been established
+in all quarters, and foreign mercenaries, who had been
+unable to defend their own country, had been brought
+over to protect the native land of courage and patriotism,
+or rather to protect its rulers against an indignant and
+oppressed people, and to support the scandalous invasions
+of the liberty of the press, and the severe
+punishments with which those who ventured to express
+popular opinions were visited by the courts of justice.”</p>
+
+<p class='c001'>This interruption by Sir Francis took the House by
+surprise, but still greater was its astonishment when the
+honourable baronet proposed, in place of the ordinary
+address to the Prince Regent, a memorial of remonstrance,
+laying before his Royal Highness all the instances
+of misgovernment and oppression—of infringement
+of the public liberty, and accumulation of abuses,
+which had been characteristic of the system pursued
+by Government for many years past.</p>
+
+<p class='c001'>As a matter of course, the address proposed by Sir
+Francis was read by the Speaker, amidst the ill-concealed
+dismay of those most affected by it. I then
+rose to second the address, denouncing the impolicy
+of the war, and more still the way in which it was
+conducted, so far as the policy of ministers was concerned.
+The subjoined is from the usual reports of
+the period.</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> rose for the purpose of seconding the
+address of the honourable baronet. He agreed with the
+speech delivered in the name of the Prince Regent, that a
+high tribute was due to the bravery of our army in Portugal,
+<span class='pageno' id='Page_218'>218</span>and to the conduct of the Commander-in-Chief, but he would
+deny that the war in the Peninsula would come to speedy or
+successful conclusion. The forces of Great Britain there were
+insufficient to cope with those Buonaparte could bring against
+us as soon as he had completed the subjugation of Spain and
+obtained command of its resources. Of this, we were quiet
+spectators. To what was our army indebted for its success
+and for maintaining itself in Portugal, but to the unproductiveness
+of that country. Every credit was due to Lord
+Wellington for his conduct of affairs, but even his lordship
+expected little from the Portuguese, who were dragged to the
+army more like slaves than soldiers, to support, they did not
+know what. At Peniche he had seen ten thousand of them
+collected, almost naked, and in want of every necessary.</p>
+
+<p class='c001'>“The Portuguese were themselves despots. The dungeons
+of the Inquisition were full of victims, and the British minister,
+who formed part of the Regency, was lately under the
+necessity of retiring from Lisbon that he might not appear to
+countenance arrests and imprisonments which he could not
+approve. He would not scruple to assert that the Portuguese
+government was obnoxious to every class of society in that
+country. Nay, farther, that both in Sicily and in Portugal the
+British name was detested, because of the support which this
+country gave to the respective governments of each with all
+their oppressive abuses.</p>
+
+<p class='c001'>“With regard to Sicily, he thought that the real purpose
+of ministers was not so much to keep the French out of that
+island as to keep the people subject to one of the most
+despotic governments in existence. With regard to Portugal,
+which was considered of such importance, he would ask,
+How long would our army defend that country? Only till
+the French had made themselves masters of Spain, and then
+it would be compelled to retire within its fortified lines, the
+whole extent of which could not afford grass enough to feed
+bullocks for six weeks’ subsistence of the troops alone. He
+would assert, as a fact, extraordinary as it might appear, that
+even at present the bullocks and flour for the supply of Lord
+<span class='pageno' id='Page_219'>219</span>Wellington’s troops passed through the French army with
+licenses from the interior of Spain. This was a notorious
+fact, and he would leave the House to make reflections
+upon it.</p>
+
+<p class='c001'>“The noble lord then adverted to that part of the honourable
+baronet’s proposed address, which referred to the internal
+state of the country, and professed his concurrence with the
+greater portion of the sentiments therein contained. All
+must own that the freedom of the people had been greatly
+encroached upon, particularly by the oppressive mode of
+levying taxes, the produce of which, he regretted to say, was
+grossly misapplied. No part of a man’s house was free from
+the visits of the tax-gatherer, and a man could not remove
+articles that had paid duty on importation, without a permit,
+even so much as a dozen of wine. The noble lord trusted
+that a committee would be appointed to take both the conduct
+of the war, and the state of the nation into consideration.</p>
+
+<p class='c001'>“Lord Cochrane then adverted to that part of the speech
+which referred to the naval defences of the country, and
+maintained that our naval force was not rendered efficient in
+annoying the enemy. Commanding the seas, as this country
+did, our navy ought to be employed in threatening the coast
+of France in all directions, by which means Buonaparte
+would be compelled to keep his armies at home, instead of
+sending them to be <em>fed, clothed, and paid by our allies!</em> for
+the purpose of their own subjugation. Were the gigantic
+naval force of England used as it ought to be, <em>the whole force
+of France, vast as it was, would prove inadequate to the
+defence of its widely extended shores</em>. Perhaps demonstrations
+of attack might prove sufficient. If the enemy despised
+these, it would <em>then</em> be, as at this moment <em>it was</em>, easy to
+destroy everything on the French coasts, for England could,
+in spite of all the efforts of the enemy, being a force to any
+given point far superior to anything the enemy could assemble
+for our annoyance, and thus we might effect most powerful
+diversions.”</p>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_220'>220</span>The address proposed by Sir Francis and seconded
+by myself was, of course, unsuccessful. The mover of
+the address originally intended was Lord Jocelyn, who,
+when I had concluded, made not a word of allusion to
+any part of the speeches of Sir Francis or myself,
+beyond stating that “<em>he wholly disapproved of all we
+had said</em>.” Such was legislation in those days, that
+the arguments of those who did not belong to the
+ruling faction were not <a id='corr220.9'></a><span class='htmlonly'><ins class='correction' title='listended'>listened</ins></span><span class='epubonly'><a href='#c_220.9'><ins class='correction' title='listended'>listened</ins></a></span> to, much less answered.
+Lord Jocelyn’s address, which was only an echo of
+the Lords Commissioners’ speech, had, however, to be
+proposed as <em>an amendment</em> to that of Sir Francis, and
+was carried without a division.</p>
+
+<p class='c001'>The feeling towards myself for having—as was
+said—“thought fit to countenance Sir Francis”—needs
+not be animadverted on. Yet I had given some
+good advice as to the way in which our naval power
+was frittered away to no purpose. English historians,
+by their silence on this point, appear to have little conception
+as to the extent of the evil.</p>
+
+<p class='c001'>As in seconding the address of Sir Francis Burdett, I
+had mentioned Sicily, I will give a remarkable example
+of the way in which war was carried on in that quarter
+<em>against the French</em>! The reader may deduce from that
+why I was not permitted to put my plans of harassing
+the French coast into execution.</p>
+
+<p class='c001'>The following letter is from Captain Robert Hall,
+commanding what was singularly enough called the
+“<em>army flotilla</em>” at Messina. The document is a curious
+one, and may do something towards enlightening future
+English historians:—</p>
+
+<div><span class='pageno' id='Page_221'>221</span></div>
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Messina, Jan. 14, 1812.</span></div>
+
+<p class='c001'>“<span class='sc'>My dear Lord</span>,—It is so long since I heard of you, and
+being disappointed at not seeing you in this country, as the
+papers gave us reason to believe, that I must take the liberty
+of asking you how you are. We were led to expect you in
+the Mediterranean with a flying squadron, but I am sorry to
+see there is <em>now</em> no probability of it.</p>
+
+<p class='c001'>“I am serving here in an <em>amphibious</em> kind of way—having
+the rank of brigadier to command an <a id='corr222.9'></a><span class='htmlonly'><ins class='correction' title='double quoted'>‘<em>army flotilla!</em>’</ins></span><span class='epubonly'><a href='#c_222.9'><ins class='correction' title='double quoted'>‘<em>army flotilla!</em>’</ins></a></span>
+but why it should be an ‘army’ one I cannot find out,
+though I have well considered the matter <em>for the last eighteen
+months</em>.</p>
+
+<p class='c001'>“There is <em>an immense naval establishment here of a
+hundred and forty vessels of different descriptions quite
+independent of the Admiral!</em><a id='r79'></a><a href='#f79' class='c016'><sup>[79]</sup></a> These are maintained by
+the British Government, at an expense of at least 140,000<i>l.</i>
+per annum. I have, in fact, lessened its expense by 60,000<i>l.</i>
+a year, merely by reducing the pay of the seamen to the
+standard of our own, though they have been paid at double
+the rate of English sailors, whilst the <i>padrones</i> of gunboats,
+taken from the streets, <em>are paid more than our lieutenants</em>.</p>
+
+<p class='c001'>“It is a singular thing that this establishment cannot be
+thrown into its proper channel—the navy. The island of
+Zante has another flotilla of 60,000 dollars a month to protect
+it, and the commandant of the barren rock of Lissa—not
+content with his gunboats—sent in, the other day, a
+serious memorial, stating the necessity of defending his
+island, by placing gunboats <em>all round it</em>, wherever there
+were no guns on shore! If this flotilla mania should reach
+our West India Islands, what will be the consequence? At
+least, I should think as army matters are conducted, an expense
+equal to one half that of the whole navy! It is the
+duty of officers to serve where they are ordered, but this
+<span class='pageno' id='Page_222'>222</span>mixture of services is, I believe, altogether new, and may, if
+followed up, be fatal to the independent spirit of the navy.
+If that spirit perishes all ardour is gone, and we shall be like
+some foreign countries where the services are mixed—neither
+the one thing nor the other.</p>
+
+<p class='c001'>“My Lord, I believe you know me. You may therefore
+guess my feelings, after <em>eighteen years’ service</em>, to be ordered
+to serve under a person <em>who is a perfect stranger to the
+service to which I belong</em>. What do you think of an order
+to make a passage to Zante in the dead of winter by <em>sailing
+close to the land in the Gulf of Tarento</em>? It is too
+ridiculous—and really deserves the consideration of the
+Admiralty.</p>
+
+<p class='c001'>“If we can combine our naval and military tactics, it will
+be a greater effort of human ingenuity than has hitherto
+been devised. We may then dispense with the rapidity of
+our manœuvres and ‘<em>march in ordinary time</em>.’ Figure to
+yourself <em>eighteen subalterns of different regiments commanding
+divisions of the flotilla</em>! When I took it out to sea,
+they were all sea-sick, and——about the decks! Each of
+these subalterns received <em>seventeen and sixpence a day for
+this extraordinary and fatiguing service</em>;—nearly three
+times as much as a lieutenant in the navy!</p>
+
+<p class='c001'>“Endeavour, my Lord, to reconcile the meaning of such
+an establishment, glancing your eye at the same moment on
+the manner of conducting the flotilla establishment at Cadiz.
+We have at this moment <em>more troops on the Faroe line, than
+the French have in both Calabrias</em>—independent of those
+which, under our nautico-military chief, sacrificed our friends
+in Catalonia.</p>
+
+<p class='c001'>Yet there is a sad outcry here. We tell the Sicilians that
+they mean to murder us all, and there is no doubt their will
+is good enough.<a id='r80'></a><a href='#f80' class='c016'><sup>[80]</sup></a> Numerous are the remonstrances against
+sending a single soldier out of the island. The firm and
+<span class='pageno' id='Page_223'>223</span>manly mind of Lord William Bentinck was proof to this outcry,
+and it is to be regretted that circumstances did not admit
+of this zealous and active officer accompanying the expedition
+himself. Nothing can equal my respect for Lord William
+Bentinck as a soldier and a gentleman, but I must say with
+old Neptune, when jealous of the interference of some <em>“long
+shore” Deity</em>,</p>
+
+<div class='lg-container-b c028'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'><span lang="la">‘Non illi imperium pelagi sævumque tridentem</span></div>
+ <div class='line'><span lang="la">Sed mihi—sorte datum est.’</span></div>
+ </div>
+ </div>
+</div>
+
+<p class='c029'>What end, what purpose, can it answer, to put a naval establishment
+under the command of a person who acknowledges
+that he does not know how to use it? As it was formed
+under the auspices of my Lord Mulgrave, this arrangement
+may probably have been made with a view of simplifying
+naval matters. For example, my Lord, the long sentence
+of “<em>back the main topsail</em>,” might be more readily expressed
+by the short word “<em>halt</em>!” “Filling and making sail,” according
+to the strength of wind, might be called “<em>marching
+in quick or ordinary time</em>!” Instead of boatswain’s mates
+to “<em>march off</em>” the different “<em>detachments</em>” of the watch,
+it would, according to our present system, be more regular to
+“<em>march them off with corporals</em>!” though in squally
+weather this might be inconvenient. In short, there might
+be many improvements. The <em>army officer</em> appointed to
+command one of our vessels mislaid what he called the
+“<em>route given him by the Quarter-Master-General</em>!” “<em>lost
+his way</em>,” as he expressed it, and got ashore in the Gulf of
+Squillace. On his exchange he reported to me that “the
+night was <em>so dark, he could not see the rock on which the
+vessel ran</em>!” and that when fast, “<em>a board broke in her
+bottom</em>, so that the water ran in so fast, he could not <em>scoop
+it out</em> again! Thus it is, that Mr. Bull is humbugged. For
+my part, I have remonstrated repeatedly on the folly of this
+establishment, and it only remains with me to serve where I
+am ordered.</p>
+
+<p class='c001'><span class='pageno' id='Page_224'>224</span>“Of the politics of this country the public journals will
+have informed your Lordship. We are certainly doing
+nothing in the way of amelioration, and all parties seem
+discontented. The newfangled constitution strikes too much
+home to be popular amongst those who profited by the old
+system. Our views are certainly for the prosperity of Sicily,
+yet no Sicilian thinks so. They dislike us, and I believe
+they know not why. Some of the knowing ones appear apprehensive
+of our assuming the government altogether; and
+urge their fears of our treating them as we do the Irish
+Catholics! The French partisans, of course, make the most
+of this state of things.</p>
+
+<p class='c001'>“It is to be hoped that Buonaparte’s failure in Russia will
+blast his other prospects, or Sicily will be his in a short time,
+if we do not oblige the Government to adopt some energetic
+measures. If they would only put the troops we have here
+on shore in Calabria, there would be no necessity for gunboats.
+They would excite an immediate insurrection, and
+would throw plenty of grain, of which we are in want, into
+Sicily. But if the Sicilian troops should intend running
+away on the approach of a French regiment—as they did
+formerly—we had better remain and <em>colonise</em> at Messina.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“Your Lordship’s faithful servant,</div>
+ <div class='line in20'>“<span class='sc'>Robert Hall</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“The Lord Cochrane.”</span></p>
+
+</div>
+
+<p class='c001'>The above will show the useless manner in which
+our best naval force and officers were employed—no
+less than their testimony to their own uselessness. Yet
+with upwards of a thousand ships in commission, we
+had no naval enemy to oppose, and persisted in employing
+our seamen anywhere but on the enemy’s
+coast! For simply urging the common sense employment
+of our numerous navy, and a proper investigation
+into the minor details which crippled its action, I was
+<span class='pageno' id='Page_225'>225</span>regarded as a common disturber of the ministerial
+peace.</p>
+
+<p class='c001'>Yet it had not been my intention to throw blame on
+the Admiralty, but simply on <em>the system</em> under which
+they continued to act, but which, for all practical purposes,
+had become obsolete. The Admiralty, whatever
+might be its wish, was unable to do its work for want
+of some one of high professional skill and resolute character,
+whose business it should be authoritatively to
+investigate the efficiency of naval establishments, and
+personally to superintend investigation alike into inefficiency
+and suggested improvements. Had this been
+done, many evils, hidden from the knowledge of successive
+Admiralties, would be perceived and remedied.</p>
+
+<p class='c001'>The Admiralty, even as at present constituted, is not
+sufficiently numerous to execute so many and such
+varied duties, even though the ability of the members
+comprised all professional knowledge, and that their
+industry was indefatigable. The overwhelming pressure
+of detail renders inquiry into, and deliberation on, important
+matters impracticable, whilst on minor matters
+it is prohibitory, and thus abuses remain unremedied,
+because unperceived.</p>
+
+<p class='c001'>The Board, at all times within my recollection, has
+been one of reference to persons in inferior departments.
+These persons pronounce <em>an unquestioned
+verdict</em> on all matters referred to them; their reports
+remaining concealed under a rule adopted to avoid
+trouble or correspondence, the framers of the rule not
+anticipating that such concealment may be fraught
+with the most injurious consequences to the navy, whilst
+<span class='pageno' id='Page_226'>226</span>it may shield from exposure the most self-interested
+and flagrant impositions.</p>
+
+<p class='c001'>This, however, is not the place to enter on a subject,
+the ramifications of which have penetrated into every
+department, till beyond the control of the most patriotic
+and unflinching; who, with all their pains, can only
+arrive at the one fact, that the whole system requires
+renovation, which, as it is nobody’s business, is never
+undertaken.</p>
+
+<p class='c001'>So long, however, as such a system exists, so long
+shall we be in danger of being taken unawares by
+powers fully alive to the importance of unity of purpose
+and action. To such a system we have nothing to
+oppose in case of emergency but our own embarrassment.</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_227'>227</span>
+ <h2 class='c006'>CHAP. XXXIV.<br> <span class='small'>MY SECRET PLANS.</span></h2>
+</div>
+
+<p class='c014'>MY PLANS SUBMITTED TO THE PRINCE OF WALES.—NEGOTIATIONS THEREON.—A
+MODIFIED PLAN SUBMITTED, WHICH CAME TO NOTHING.—INCONSIDERATE
+PROPOSITION.—RECENT REPORT ON MY PLANS.—OPINIONS
+OF THE COMMISSIONERS.—PLANS PROBABLY KNOWN TO THE FRENCH.—FAITH
+KEPT WITH MY COUNTRY IN SPITE OF DIFFICULTIES.—INJURIOUS
+RESULTS TO MYSELF BOTH ABROAD AND AT HOME.—OPPOSITION
+TO MY PLANS INEXPLICABLE.—THEIR SOCIAL EFFECT.—THE
+SUBJECT OF FORTIFICATIONS: THESE GREATLY OVERRATED.—REASONS
+WHY.—THE NAVY THE ONLY RELIANCE.</p>
+
+<p class='c022'>Soon after my return from the Mediterranean, I had
+the honour of laying before His Royal Highness the
+Prince Regent, a new and most formidable method of
+attacking and destroying an enemy’s fleet, and of performing
+other warlike operations on a large scale. His
+Royal Highness was pleased to refer the plans laid
+before him to a Secret Committee, consisting of the
+late Duke of York, as president, Lord Keith, Lord
+Exmouth, and the two Congreves, one of whom, Sir
+William, was the celebrated inventor of the rocket
+which bears his name.</p>
+
+<p class='c001'>These officers—as stated to me in a private letter
+from Lord Keith, who took a warm interest in the matter—gave
+it as their opinion that under the circumstances
+<span class='pageno' id='Page_228'>228</span>detailed in my explanatory paper, such a mode of attack
+would be irresistible, and the effect of the power and
+means proposed, infallible; adding, however, that if the
+plan was divulged, it might become perilous to our
+Colonial possessions; an observation marked by no little
+foresight, <em>for had the same plan been known to the rebels
+in the late Indian mutiny, not a European in India
+would have escaped</em>.</p>
+
+<p class='c001'>The Prince Regent and the Duke of York fully concurred
+with the Committee in the destructive character
+of the plans submitted, for their consideration as well as
+in the danger of divulging them. His Royal Highness
+sending for me to Carlton House, commanded secresy
+on my part. I told His Royal Highness that my plans
+were only known to Sir Alexander Cochrane, and to
+my uncle, Mr. Cochrane Johnstone, who had, in fact
+written out for me the papers which had been laid
+before His Royal Highness, but that I would obey his
+injunctions, and had no fear of my relatives disclosing
+so important a secret. The investigation being secret,
+of course no official report was made on the subject.</p>
+
+<p class='c001'>Not long after this interview Lord Melville signified
+to me his intention to put in execution <em>a portion</em> of my
+plans, and requested my attendance at the Admiralty
+for the purpose of conferring on the subject. To this
+partial execution of the project I of course demurred,
+as unfair to the invention and necessarily incomplete in
+operation, whilst development of a portion might give
+the enemy such an insight of the whole as would
+enable him to turn it against ourselves on a large scale;
+his lordship, nevertheless, did not seem inclined to give
+<span class='pageno' id='Page_229'>229</span>way, and I quitted the Admiralty without having been
+enabled to arrive at any satisfactory conclusion.</p>
+
+<p class='c001'>Lord Melville having mentioned to Lord Keith the
+result of our interview, Lord Keith urged me to acquiesce
+in the First Lord’s views, adding, that he
+was too well acquainted with the soundness of my
+plans to doubt the practicability of destroying with a
+portion only the enemy’s ships in Genoa harbour and
+the outer roads of Toulon. His lordship further urged
+that a success once achieved, the popular voice would
+place it in my power to enforce the execution of the
+more destructive portion of the invention within the
+enemy’s inner harbours.</p>
+
+<p class='c001'>In deference to Lord Keith’s opinion I at once prepared
+a plan of attack on the outer roads of Toulon,
+in accordance with the views of Lord Melville. That
+communication, omitting the essential parts of the
+plan, I now subjoin.</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“12 Portman Square, May 12th, 1812.</span></div>
+
+<p class='c001'>“<span class='sc'>My Lord</span>,—In consequence of the conversation I had
+the honour of holding with your Lordship yesterday, and of
+your desire that I should state what force would be required
+for carrying into execution the plan submitted for the destruction
+of the Toulon fleet, I beg to submit the following
+arrangements as applicable <em>to this particular object</em>.<a id='r81'></a><a href='#f81' class='c016'><sup>[81]</sup></a></p>
+
+<p class='c001'>“One seventy-four.</p>
+
+<p class='c001'>“Two 38-gun frigates.</p>
+
+<p class='c001'>“Two 18-gun brigs.</p>
+
+<p class='c001'>“Two cutters or schooners.</p>
+
+<p class='c001'>“The above force is requisite as an escort, and to protect
+the boats.</p>
+
+<p class='c001'><span class='pageno' id='Page_230'>230</span>“In order to ensure success, although one-half will probably
+be sufficient, the subjoined will be necessary.</p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>[Here follow particulars.]</div>
+ </div>
+</div>
+
+<p class='c001'>“As your Lordship permitted me to recommend such
+officers as I thought best calculated for this service, I beg
+leave to name the following:—</p>
+
+<p class='c001'>“Captain Robert Baine.</p>
+
+<p class='c001'>“Sir Thomas Staines, now of the <i>Hamadryad</i>.</p>
+
+<p class='c001'>“Captain Johnstone, now commanding the <i>Avenger</i>, if he
+has not sailed; and if he has—</p>
+
+<p class='c001'>“Captain Hall, now commanding the gunboats at Messina,
+and lastly</p>
+
+<p class='c001'>“The Honourable Lieutenant Napier, now in the Mediterranean.</p>
+
+<p class='c001'>“My late first Lieutenant, Travers, now in the <span lang="fr"><i>Impérieuse</i></span>,
+to be first of whatever ship your Lordship may be pleased to
+assign to me, which, in order further to conceal the enterprise,
+may, if your Lordship should think proper, be placed
+under the command of my brother Captain Archibald Cochrane,
+late of the <i>Fox</i> frigate. I can furnish him confidentially
+with all the necessary instructions, so that I might at
+once proceed to Lisbon, apparently in a private capacity, so
+as to disarm suspicion.</p>
+
+<p class='c001'>“I have taken the liberty of submitting the names of the
+above officers to your Lordship, because I am well acquainted
+with their characters and zeal for the service, and am sure
+that whatever is undertaken by them will first be well
+weighed, and then executed with determination.</p>
+
+<p class='c001'>“The above operation is calculated <em>without the assistance
+of troops</em>, but if your Lordship wish to <em>secure</em> the ships, instead
+of <em>destroying</em> them, 4000 troops should be embarked at
+Messina<a id='r82'></a><a href='#f82' class='c016'><sup>[82]</sup></a> as though under the destination of Catalonia, and
+having been shifted into the ships of war now blockading
+Toulon, should be held in readiness to be disembarked in the
+<span class='pageno' id='Page_231'>231</span>peninsula of Cape Cepet, the heights of which may be held,
+although not yet fortified, against any force that may be
+brought against them. When I was last there, with Lord
+Collingwood’s fleet, I stood particularly close in, within point
+blank range of shot, and there were not sufficient men in any
+of the batteries to train more than one gun at a time—indeed,
+they appeared merely to be stationed there to take
+charge of the stores. There was neither smoke in the
+chimneys of the barrack-rooms, nor was there a door or
+window open, though the weather was extremely hot.</p>
+
+<p class='c001'>“If the operations are to be extended along the coasts,
+your Lordship will see the propriety of embarking 300
+marines on board the seventy-four, and 100 in each of the
+frigates.</p>
+
+<p class='c001'>“The expense of the expedition will be <em>within three
+months’ cost of that of the blockading force</em>, and half the
+stores enumerated may accomplish the service.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have, &#38;c. &#38;c.</div>
+ <div class='line in10'>“<span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“The Right Honourable Lord Melville, &#38;c. &#38;c.”</span></p>
+
+</div>
+
+<p class='c001'>Inconsiderable as was the expense, in comparison
+with other armaments producing little or no result,
+Lord Melville hesitated to incur it; or rather, as I
+have reason to believe, his lordship was overruled by
+the ill-feeling against me at the Admiralty, as the concurrence
+of the Board would have placed me in command
+of a squadron, with my flag flying in a line-of-battle
+ship. This was evidently considered too high a
+position for one who had been for three years kept
+unemployed from political and personal dislike, was
+evidently not to be thought of, and the project after
+long fruitless expectation was dropped.</p>
+
+<p class='c001'>I then proposed to conduct a similar expedition
+against Flushing, but this also was declined. As,
+<span class='pageno' id='Page_232'>232</span>however, public dissatisfaction began to manifest itself,
+Lord Melville informed me that I might make
+an attempt on Toulon <em>on a small scale</em>! In other
+words, that I might, “on a small scale,” show the
+enemy how to put my plans in operation against
+ourselves <em>on a large scale</em>! The permission was so
+preposterous, besides being not altogether free from the
+suspicion that failure would be more acceptable than
+success, I declined it, notwithstanding the renewed
+recommendation of Lord Keith to close with Lord
+Melville’s offer. As at this time only a few sail of the
+line remained at Toulon, I hesitated to comply, considering
+that the result of destroying these would have
+been badly compensated by the disclosure of the means
+whereby their destruction had been effected.</p>
+
+<p class='c001'>Soon after the accession of William IV. I submitted
+my plans to His Majesty’s consideration, and being
+himself a practical seaman, His Majesty at once admitted
+their importance and honoured me with personal
+interviews on the subject, at which I explained my
+methods of putting them in execution under various
+circumstances. His Majesty was further pleased to
+observe that I ought to be rewarded as well for the
+plans as for the secrecy which had been observed, yet
+not the slightest reward did I ever reap for the invention
+or for having kept my secret out of pure love to my
+country, a motive which will be better appreciated
+when subsequent temptations to divulge it come to be
+shown.</p>
+
+<p class='c001'>An incontrovertible proof of the efficiency of the
+plans submitted by me to various ministries is on
+<span class='pageno' id='Page_233'>233</span>record in the shape of a report <em>from a comparatively
+recent commission</em>, one of the commissioners—who
+ranks amongst the highest in his profession—<em>being
+still living</em>. As from the non-employment of those
+plans on any occasion, an opinion may have gone
+abroad that their destructive character is illusory, I
+feel myself justified in dispelling the illusion by subjoining
+the report.</p>
+
+<p class='c001'>Towards the close of 1846, when the late Lord
+Auckland was at the Admiralty, suspicion being excited
+as to the motives and intentions of the then
+French government, another commission was appointed,
+to decide upon a mode of trying my inventions in a
+way to satisfy the public as to their efficacy, and at the
+same time to preserve secresy. This being found impracticable,
+the trial was never made, but the commission
+proceeded to report on the plans. The members
+were Sir Thomas Hastings, Sir J.F. Burgoyne,
+and <a id='corr233.19'></a><span class='htmlonly'><ins class='correction' title='Lieut.-Col'>Lieut.-Col.</ins></span><span class='epubonly'><a href='#c_233.19'><ins class='correction' title='Lieut.-Col'>Lieut.-Col.</ins></a></span> Colquhoun.</p>
+
+<p class='c001'>The subjoined is their report, addressed to the then
+Master of the Ordnance and forwarded to me by Lord
+Auckland.</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Ordnance Office, Jan. 16, 1847.</span></div>
+
+<p class='c001'>“<span class='sc'>My Lord</span>,—In conformity with your Lordship’s instructions,
+we, the undersigned, have met to consider and report
+on the secret war plans of Vice-Admiral the Earl of Dundonald,
+transmitted to us by the First Lord of the Admiralty,
+the Earl of Auckland.</p>
+
+<p class='c001'>“These plans may be classed under three heads:—</p>
+
+<p class='c001'>“1st. One, on which an opinion may be formed without
+experiment, for concealing or making offensive warlike operations;
+and we consider that, under many particular circumstances
+<span class='pageno' id='Page_234'>234</span>this method of his Lordship may be made available
+as well by land as by sea, and we therefore suggest that
+a record of this part of Lord Dundonald’s plans should be
+deposited with the Admiralty, to be made use of when in the
+judgment of their Lordships the opportunity of employing it
+may occur.</p>
+
+<p class='c001'>“2nd. One on which experiments would be required before
+a satisfactory conclusion could be arrived at.</p>
+
+<p class='c001'>“3rd. Nos. 1 and 2 continued for the purpose of hostile
+operations.</p>
+
+<p class='c001'>“After mature consideration, we have resolved that it is not
+desirable that any experiments should be made. We assume
+it to be possible that the plan <em>contains power for producing
+the sweeping destruction the inventor ascribes to it</em>; but
+it is clear this power could not be retained exclusively by this
+country, because its first employment would develope its
+principle and application. The last observation applies
+equally to plan No. 1.</p>
+
+<p class='c001'>“We considered in the next place, how far the adoption of
+the proposed secret plans would accord with the feelings and
+principles of civilised warfare. We are of unanimous opinion
+that plans Nos. 2 and 3, would not do so.</p>
+
+<p class='c001'>“We therefore recommend that, as hitherto, plans Nos. 2 and
+3 <em>should remain concealed</em>. We feel that <em>great credit is due
+to Lord Dundonald for the right feelings which prompted
+him not to disclose his secret plans when serving in war as
+naval Commander-in-Chief of the forces of other nations,
+under very trying circumstances, in the conviction that those
+plans might eventually be of the highest importance to his
+own country</em>.</p>
+
+<p class='c001'>“We have only to add that we have sealed up, under one
+cover all the papers which have been submitted to our consideration
+by the First Lord of the Admiralty and the Earl
+of Dundonald, and our correspondence with the latter in
+another—both of which we have marked ‘secret.’</p>
+
+<p class='c001'>“With regard to the disposal and future custody of these
+papers, we await instructions from your Lordship, or the Earl
+<span class='pageno' id='Page_235'>235</span>of Auckland, to whom we propose this letter should—after
+your Lordship has perused it—be transmitted.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“We have the honour to be,</div>
+ <div class='line in12'>“Your Lordship’s obedient servants,</div>
+ <div class='line in14'>“<span class='sc'>Thomas Hastings</span>, Capt. R.N., and</div>
+ <div class='line in19'>Principal Storekeeper.</div>
+ <div class='line in14'>“<span class='sc'>J.F. Burgoyne.</span></div>
+ <div class='line in14'>“<span class='sc'>J.S. Colquhoun</span>, Lieut.-Col. R.A.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“To the Marquis of Anglesey, K.G. and K.C.B.”</span></p>
+
+</div>
+
+<p class='c001'>Let the public now judge of the nature and value
+of those plans—of the merit of never having disclosed
+them, though exposed to severely trying circumstances,
+and also whether they are impracticable.</p>
+
+<p class='c001'>I have been told, on indubitable authority that
+during the late war with Russia an interchange of
+warlike plans took place between the English and
+French Governments. It was further pointed out
+to me but the other day, that a French journal of high
+authority had remarked to this effect, “<em>should a war
+arise between England and France, the latter power
+would bring warlike engines into play to which rifled
+cannon were a trifle</em>.” From this I make little doubt
+but that my plans <em>are</em> known to the French Government,
+and if so, whenever they are applied, the people
+of this country will find them no “trifle”—for as
+the report just adduced infers, no power on earth
+can stand against them. It is one of my most bitter
+reflections that such plans have been utterly thrown
+away as regards our own nation, and that from the
+imprudence of Governments they may one day be
+turned against my own country.</p>
+
+<p class='c001'><span class='pageno' id='Page_236'>236</span>In the late war with Russia, I twice offered these
+plans to the Government. The first time they were declared
+“<em>inexpedient!</em>” The second time I offered to
+<em>conduct them myself</em>, either against Cronstadt or Sebastopol—old
+as I was—the forts of Cronstadt being
+especially open to their application. As regarded
+Sebastopol, the question was put to me whether I would
+instruct two engineer officers in applying them? My
+answer was, “No, I have offered to risk my own life
+and reputation on their efficacy, but will not impart
+my mode of applying them to others, who may not,
+either from preconceived notions or professional jealousy
+of naval inventions, comprehend them.”</p>
+
+<p class='c001'>Had I not adduced the report of the last committees
+appointed to examine the plans, this might be
+thought the bombast of an old admiral whose physical
+vigour had outlived his judgment. I flatter myself,
+however, that more years of sharp experience than
+usually falls to the lot, even of admirals, has fixed my
+judgment of warlike operations too firmly to be shaken
+even by age. I repeat that should those plans ever be
+turned against ourselves, the English public will be in a
+condition to pronounce an opinion on that point.</p>
+
+<p class='c001'>The report of the committee gives me great credit
+for <em>not having made use of those plans elsewhere</em>.
+As before stated, I promised the Prince Regent never
+to divulge them except for the honour and advantage
+of my own country, and although driven from the
+profession of my choice I did not forget my promise.</p>
+
+<p class='c001'>It may be permitted me to add that when, in 1820,
+I came with four ships before the Castles of Callao,
+<span class='pageno' id='Page_237'>237</span>it was perfectly well known to me that money and
+property considerably exceeding in value a million
+sterling, besides all the plate in Lima, had been sent
+to these castles for security. I could, with the aid
+of a small portion of my plans only, and in spite of
+opposition, have possessed myself of this treasure in
+an hour, and my share could not have been less than
+half a million sterling.</p>
+
+<p class='c001'>Let posterity judge of my conduct, as compared with
+the blind enmity of those who persecuted me wrongfully.
+Yet there was every inducement to employ my
+own plans for my own benefit. When I entered the
+service of the South American States, my private income,
+never large, and entirely of my own creation,
+had been wholly wasted by the expenses consequent
+on forced litigation and in defending myself from an
+iniquitous prosecution. For more than four years I
+had been deprived of my professional income, and at
+forty years of age found myself thrown on the
+world to seek the means of making provision for myself
+and an increasing family.</p>
+
+<p class='c001'>Had I been indifferent to the welfare of my own
+country, my position, as Commander-in-Chief of the
+squadrons of Chili and Peru, and afterwards of the
+Brazilian squadron, would have enabled me to amass
+an immense fortune, by putting an early end to the
+wars of those countries through the adoption of secret
+plans, as the Governments of those states expected.
+For not having done so, they manifested their displeasure
+and declined to pay me the stipulated rewards for what
+I effected towards their liberation.</p>
+
+<p class='c001'><span class='pageno' id='Page_238'>238</span>It was forcibly urged upon me by the South
+American governments that the unjust deprivation
+of rank and honour in my own country released me
+from any obligation to obey the injunction of secresy
+which had been imposed upon me, and that I ought
+to profit from my own discovery, by applying it to
+the ample opportunities before me. I can safely say,
+that love of country, alone restrained me from listening
+to their temptations, and that I did not yield to the
+great necessities of my position is now one of the
+proudest consolations of my life.</p>
+
+<p class='c001'>Yet I repeat—and the assertion will one day be
+confirmed—that these plans afford the infallible means
+of securing at one blow our maritime superiority and
+of thereafter maintaining it in perpetuity—of at once
+commencing and terminating war by one conclusive
+victory. A hundred millions employed in war could
+not complete the ruin of our maritime opponents so
+effectually as could be done by the simple methods
+indicated in my plans; and that too in spite of the
+apparently formidable fortifications and other defences
+of ports and roadsteads. The expenditure of millions
+in the construction of such works on the coasts of
+any country would be in vain, when any hostile power
+in possession of the knowledge of such means of attack,
+could at a trifling cost and with the utmost facility
+accomplish in a few hours any assignable amount
+of destruction without impediment from such costly
+but really impotent safeguards. Still more easily might
+this country protect itself by destroying at one blow
+the marine of an enemy, and that by a process which
+<span class='pageno' id='Page_239'>239</span>our most eminent engineer officers—as has been seen—have
+pronounced infallible.</p>
+
+<p class='c001'>It is somewhat singular—that, notwithstanding my
+admitted experience, as demonstrated by the acts and
+success of my early life, and notwithstanding the destructive
+character of my plans as certified by committees
+of the most eminent men to be found in both
+services, <em>I have never, throughout my whole life, been
+officially consulted on the means of defence of this
+country!</em></p>
+
+<p class='c001'>This cannot have been accidental. It is not probable
+that any prime minister should consider himself so well
+up in naval matters as to despise my experience. Nor
+is it probable that he should prefer consulting officers
+who never saw a shot fired in actual warfare,—as
+was frequently the case previous to the Russian war,—to
+the opinions of one whom committees of the highest
+professional character had declared to be the inventor
+of plans which would totally change the aspect of
+war, and supersede every known system of warlike
+operations.</p>
+
+<p class='c001'>When the dominion of the sea, the existence of our
+mercantile marine, and the peace of Europe were—<em>as
+they are at this moment</em>—in question, it is nevertheless
+difficult to conceive this extraordinary inconsistency.
+Still there is the fact. None to whom my plans have
+been submitted, have ever pretended to throw doubt
+on their efficacy. Some, it is true, have said, “For
+heaven’s sake, don’t encourage such plans,—what is
+to become of us?” What? Universal peace: for
+after their disclosure not a man would be found to
+<span class='pageno' id='Page_240'>240</span>engage in war except for defence of his country,
+when, as was said of the cholera by an eminent French
+surgeon, “<span lang="fr"><i>Il cadavreisera le monde</i></span>.”</p>
+
+<p class='c001'>What can have been the cause of such neglect and
+contumely as I have suffered, under the full knowledge
+that such a secret was in my power? There can only
+have been two causes,—unmerited personal aversion
+without reason, or want of political courage to put my
+plans in execution. Whether of the two causes be
+accepted, they form the highest compliment which
+was ever paid to man, viz. <em>that no amount of neglect
+or persecution could induce me to betray my country</em>.
+The report of the committee paid me the compliment
+which is at least my right, and how great a compliment
+it is, futurity may one day unexpectedly have
+to decide.</p>
+
+<p class='c001'>No doubt to use such powers for ambitious purposes
+would be wicked; but what guarantee have we
+that if in the possession of ambitious nations, they may
+not be turned against us. To use them in the defence
+of order and civilisation would be praiseworthy, but to
+let the world know that we are at all times prepared
+to use them against aggression, would be a protection
+of the best interests of mankind no less than of our
+own. Such knowledge can only be dangerous to those
+who have cause to fear it, but to those possessing it
+it is power, strength, and safety.</p>
+
+<p class='c001'>The public is now in possession of all material circumstances
+connected with the subject, except the plans
+themselves, which, for obvious reasons, are, it is to be
+hoped, <em>still secret</em>.</p>
+
+<p class='c001'><span class='pageno' id='Page_241'>241</span>I am not certain whether—were the plans disclosed—the
+advantage would not be in favour of publicity.
+Such disclosure would demonstrate that there could
+be no security in coast defences and other stationary
+asylums, on the construction of which it is now
+proposed to expend so many millions of the public
+money. It would show the inexpediency of an expenditure
+of ten—which may mean twenty—millions
+for the construction of forts and harbours, instead of
+applying half the amount to remodel and renovate
+the navy. The disclosure might have the effect of
+preventing useless expenditure, and of averting the
+danger of future parsimonious naval administration, by
+leading to the adoption of essential measures of nautical
+improvement, by which alone the safety of the country
+can be preserved.</p>
+
+<p class='c001'>The disclosure of these plans would also have the
+effect of binding over nations to keep the peace. Still
+less would the English public countenance the extravagant
+and inefficient projects devised for the protection of
+their insular position, open at all points, and only to be
+protected by a superior naval force, which shah avert
+danger on the first menace.</p>
+
+<p class='c001'>As the subject of fortifications is now uppermost in
+every man’s mind, I will venture a few remarks on my
+experience of this mode of defence.</p>
+
+<p class='c001'>A story is told of the Duke of Wellington which
+embraces the whole subject. On his appointment as
+Warden of the Cinque Ports, the inhabitants of Dover,
+well known for their keen scent of a profitable job,
+applied to the Duke for an increase of their fortifications,
+<span class='pageno' id='Page_242'>242</span>already a stupendous monument to the folly of
+those who have added to them.</p>
+
+<p class='c001'>The Duke’s reply was the perfection of military
+wisdom. “<em>The fortifications of Dover would be, no
+doubt, very useful if an enemy came in that way, but I
+don’t think he would! They might also be very useful
+if an enemy went out that way, but I don’t think he
+would!</em>” In that sentence is comprised the whole
+subject of fortifications, unless erected specifically for
+the defence of a dockyard or an arsenal, as at Portsmouth,
+Plymouth, &#38;c. It is true that in his last years
+the Duke retracted his opinion in some degree, but
+I could never learn the reasons he assigned for so
+doing.</p>
+
+<p class='c001'>Why should an enemy go to a coast fortification
+when he can land miles away from it? I will take the
+instance of the Dover fortifications, which are amongst
+the most stupendous in this country. What is there to
+prevent an enemy from landing at Walmer, where there
+is nothing to oppose him but the six popguns in the
+flower garden of the Castle? He may effect a debarkation
+there at all times of the tide, in any wind and
+almost in any weather. The distance from the fortifications
+of Dover is little short of seven miles. By
+making a strong feint by sea on Dover, the garrison
+could not quit their works to prevent the disembarkation
+at Walmer, for if they did the feint would
+be turned into a real attack. Neither, when the disembarkation
+had been effected, would they be likely
+to quit their works for the purpose of harassing the
+invaders, for so surely as they marched out for this
+<span class='pageno' id='Page_243'>243</span>purpose a sufficient portion of the enemy would march
+in. The whole would simply amount to this, that the
+garrison, say 10,000 or 20,000, would be cut off from
+communication with the army elsewhere, and would
+thus be completely neutralised. Lastly, when disembarked
+at Walmer, the fortifications of Dover could
+not in the slightest degree interrupt the enemy’s communications
+by sea. Nothing but an efficient navy
+could do that; and with an efficient navy the disembarkation
+at Walmer would never be attempted. All
+this is plain enough; for, after all, military tactics are
+founded on common sense, and the amount of common
+sense decides their superiority.</p>
+
+<p class='c001'>Where fortifications are the key to a province,
+frequently advisable to capture them, and this may
+be an easier matter than military men in general
+are willing to admit. Of course, if they sit down
+before fortifications <span lang="la"><i>secundum artem</i></span>, the matter is
+one merely of time and calculation, as we have learned
+at Sebastopol.</p>
+
+<p class='c001'>When on the coast of Chili I captured a province
+with 120 men only, and that by storming its fortifications.
+These were thirteen in number, and were garrisoned
+by 2000 men. I was accused of rashness for the
+attempt; yet no more doubted the fact of my success
+than I doubted the reality of the attack. It was simply
+a matter of well matured deliberation and calculation,
+in which, of course, the panic of the enemy formed
+an important item. The result was that I did not lose
+a man, whilst the enemy’s killed and wounded amounted
+<span class='pageno' id='Page_244'>244</span>to more in number <em>than my whole force</em>! With this
+in addition to my former experience it perhaps will not
+be wondered at that my respect for fortifications is by
+no means great, though my respect for an efficient navy
+<em>is</em> excessive.</p>
+
+<p class='c001'>Full discussion of this matter would, however, require
+more space than can here be devoted to it, and
+should my life be spared I will on a future occasion
+enter more extensively into this and other cognate
+subjects. Were I now to do so, I am afraid public
+faith in some of its newly cherished fortifications would
+be materially shaken, and will therefore refrain from so
+doing, in the hope that improvements in our navy, the
+only true basis of national safety, will render such
+remarks unnecessary.</p>
+
+<p class='c001'>In short, immovable stations of defence as a protection
+against invasion, are not only costly and of
+doubtful utility, but a <em>reliance on them</em> is, in my mind,
+an indication of a declining state. It is little short of
+national imbecility to suppose that because we erect
+imposing fortifications an enemy <em>will come to them!</em>
+when he can operate elsewhere without the slightest
+regard to them; and the more so, as the common experience
+of warfare will tell him that numerous fortifications
+are in the highest degree national weakness,
+by splitting up into detail the army which ought to be
+in the field against him, but who are compelled to
+remain and take care of their fortifications. Yet <em>half
+the sum</em> required for fortifications as defences in case
+of war, would suffice to place the navy in a condition
+<span class='pageno' id='Page_245'>245</span>of affording far more effectual protection. There is
+no security equal to that which may be obtained <em>by
+putting it out of the power of an enemy to execute
+hostile intentions</em>. This can never be effected by forts,
+but may be accomplished by the adoption of proper
+measures, which I shall at present refrain from commenting
+on.</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_246'>246</span>
+ <h2 class='c006'>CHAP. XXXV.<br> <span class='small'>NAVAL AND OTHER DISCUSSIONS IN PARLIAMENT.</span></h2>
+</div>
+
+<p class='c014'>SINECURES.—ADMIRALTY EXPENSES ILL DIRECTED.—WHAT MIGHT BE
+DONE WITH SMALL MEANS.—FLOGGING IN THE ARMY AND NAVY ATTRIBUTABLE
+TO A BAD SYSTEM: NEVERTHELESS, INDISPENSABLE.—NATIONAL
+MEANS WRONGLY APPLIED.—INJURIOUS CONCESSIONS TO
+THE FRENCH.—DENIED BY THE GOVERNMENT.—EXPLANATIONS OF MY
+PARLIAMENTARY CONDUCT ON THE DISSOLUTION OF PARLIAMENT.—LETTER
+TO MY CONSTITUENTS.—APPOINTMENT OF OFFICERS BY MERIT
+INSTEAD OF POLITICAL INFLUENCE THE TRUE STRENGTH OF THE
+NAVY.—MY RE-ELECTION FOR WESTMINSTER.—ADDRESS TO THE
+ELECTORS.—MINISTERIAL VIEWS.—TREATMENT OF AN OFFICER.—MY
+INTERFERENCE.</p>
+
+<p class='c022'>At the commencement of the session of 1812, it became
+known that His Royal Highness the late Duke of
+Cambridge had voluntarily given up a military emolument
+of nearly 5000<i>l.</i> a-year. The patriotism which
+moved His Royal Highness to relinquish a lucrative
+command which had dwindled into a sinecure, was too
+conspicuous to be lost sight of, not only on account of
+his disinterestedness, but because there was hope this
+practical specimen of reform, proceeding from so high
+a quarter, might be brought to bear on others in such
+a way as to induce them to emulate the example.</p>
+
+<p class='c001'>On the 23rd of January, I therefore moved for a
+copy of His Royal Highness’s letter of resignation, for
+the purpose of grounding thereon a resolution expressive
+of the opinion of the House on the subject, at the
+<span class='pageno' id='Page_247'>247</span>same time intimating to sinecure-holders in general the
+desirableness of imitating the magnanimity of the royal
+duke. The effort was, however, in vain.</p>
+
+<p class='c001'>On the 23rd of February, a question was raised by
+Mr. Bankes respecting the payment of 2790<i>l.</i> a-year to
+the Secretary of the Prince of Wales, as paymaster of
+widows’ pensions. A former report on a committee of
+the House had pronounced this office a perfect sinecure,
+of no public utility whatever, and that the office of
+deputy-paymaster was little better, the whole business
+being transacted by a clerk in the War Office at a
+salary of 100<i>l.</i> a-year. The reply of Mr. Perceval
+(then Prime Minister) to this statement was “that there
+was more danger to the country <em>from declamations
+against sinecures than from the sinecures themselves</em>!”</p>
+
+<p class='c001'>On this occasion I supported the <em>retention</em> of the sinecure,
+on the ground that the abolition of so insignificant
+a sum might <em>deceive the public into a belief that their
+interests were watched in that House</em>. The House had
+suffered the reports of various committees on the subject
+to lie dormant for thirty years, and now wished to abolish
+<em>three only</em> out of the long list of sinecures, which their
+committees had declared to be useless and burdensome
+to the country. It was the bounden duty of the House
+to have pronounced <em>on the whole class</em>, and not partially.
+They ought to have enumerated the sinecures
+to be abolished, and thus put it out of the power of
+ministers to exercise any discretion on the subject;
+instead of singling out a comparatively insignificant
+place from a long list of enormous sinecures, upon
+which the House had not so much as expressed an
+<span class='pageno' id='Page_248'>248</span>opinion, notwithstanding the numerous representations
+of its committees.</p>
+
+<p class='c001'>On the motion of the First Lord (the Right Hon.
+C. Yorke) that a sum of upwards a million should be
+granted for the contingent expences of the Admiralty,
+I spoke as follows:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> hoped, that, as a deviation from mere
+detail was allowed when the army estimates were in a committee,
+it would not be entirely out of course to offer a few
+general remarks while the supply of the navy was before the
+House; not with a view to oppose the supply for the ordinary
+establishment of the navy, but as to the proper application of
+the enormous sums granted for that service generally.</p>
+
+<p class='c001'>“To this nothing could, in his opinion, contribute more
+than that the Board of Admiralty should not be considered
+as a <em>mere appendage to the minister of the day, and be displaced
+by every agitation of the political system</em>—whereby
+misapplication of means was rendered perpetual; for, just as
+the members acquired some knowledge of their complicated
+duties, and of the powers they ought to direct against the
+enemy, they were then displaced, to make room for others of
+<em>no experience</em>.</p>
+
+<p class='c001'>“The observations which he had to address to the chairman
+related chiefly to the means of annoying the enemy,
+which means the Government possessed in a right disposal of
+the naval force of the country. This was at present totally
+useless, except for the purpose of passive blockades. Had
+5000 men, with attendant naval transports, been kept in
+readiness in such a central situation as Minorca, for instance,
+it would have been impossible for the French to have made
+any progress on the eastern side of the Peninsula; for no
+sooner should the enemy have laid siege to Tarragona, Valencia,
+Alicant, or any other place on the Mediterranean
+coast of Spain, than their affairs might have been reversed
+at the other extremity. Rosas, for instance, was within
+<em>twelve hours’ sail</em> of Minorca, and about eighteen from
+<span class='pageno' id='Page_249'>249</span>Alicant, whereas on the other hand it was <em>twenty-five days’
+march</em> at least from Alicant to Rosas.</p>
+
+<p class='c001'>“Comparing the respective populations of Britain and
+France, it was impossible to think of carrying on an equal
+warfare in the Peninsula. A greater number of men than
+all the British who were at present there, must perish before
+it could be possible to drive out the French. The desultory
+nature of naval warfare was, in his opinion, the best calculated
+for that purpose, and for this we had the highest
+authorities in ancient and modern times. If the French,
+with a contemptible flotilla, could keep this country in alarm,
+what was our gigantic navy not capable of doing? The
+whole of France lay at the mercy of the British ministry.
+Had the enemy a naval superiority, and only 10,000 disposable
+troops, on what part of the shores of England could
+people repose in tranquillity?</p>
+
+<p class='c001'>“The war as at present conducted could not possibly have
+a successful termination. It was a great misfortune that the
+House of Commons listened to nothing which was beyond
+the sphere of their own knowledge; and when any professional
+man, like himself, rose up to give information, <em>party</em>
+was immediately thrown in his teeth; <em>factious motives</em> were
+instantly imputed, however pure his wishes for the good of
+his country. He put it to the committee, whether the whole
+force of this country was not on the alert, and almost concentrated
+on the coasts of Kent and Sussex, when an invasion
+was threatened by a contemptible flotilla of the enemy; and
+if so, what might not be done, if the gigantic naval power
+of England was to threaten the enemy’s shores? It was his
+sincere opinion, that the whole coast of France was completely
+at the mercy of His Majesty’s ministers.</p>
+
+<p class='c001'>“The noble lord next adverted to the coasting trade carried
+on by France, and which it was in our power to destroy.
+That trade existed to an extent almost incredible. It was in
+our power to dismantle their batteries,—to blow up their
+towers,—and, above all, to destroy that chain of signal-posts,
+by which a telegraphic communication was kept up from
+<span class='pageno' id='Page_250'>250</span>Flushing to Bayonne, and from the south-east point of Spain
+to Venice. Each of those signal-posts could be successfully
+attacked by ten men, as, except in a few situations, they
+were exposed, and seldom had above two or three maimed
+soldiers to conduct them. He had no interest whatever in
+forcing those observations on the attention of the committee,
+and he hoped the right hon. gentleman would not think
+them altogether unworthy of his consideration. He should
+not, he said, at that time attempt to say more; but he
+trusted that members who were far more capable to do justice
+to the subject than he could pretend to be, would turn
+it in their minds, and bring the subject forward, or that His
+Majesty’s ministers would investigate the truth and act accordingly.
+In either case he was certain attention to the hints he
+had thus thrown out could not fail of being attended by the
+most beneficial results to the country. He did not think
+ministers, in not having attended to the subject, were so
+much to blame as the House itself, for they were, or ought
+to be, the guardians of the public purse; but he was sorry
+to say, the practice of the House was <em>to vote estimates to
+a very great amount, without at all troubling themselves
+to inquire how those estimates were applied</em>.</p>
+
+<p class='c001'>“Besides the signal-posts he had mentioned, there were
+placed along the whole coast of Spain many small parties
+of soldiers in churches, convents, and other buildings, for the
+purpose of keeping the people of the maritime towns in awe,
+and passing along supplies to the armies, which supplies it
+was in our power to intercept, as the only practicable military
+road was within a pistol-shot of the margin of the sea. The
+smallest assistance would encourage the people to rise upon
+them; but without such assistance they are afraid to do
+so, knowing that the French would burn their houses, violate
+their wives, and murder themselves. This he had seen
+them do.</p>
+
+<p class='c001'>“During all the time he was off Catalonia, the French had
+barely sufficient force to defend themselves against the natives,
+and in every enterprise which they undertook they
+<span class='pageno' id='Page_251'>251</span>were foiled. It was notorious, however, to all the world, that
+the attention of ministers was always engaged exclusively on
+one or two objects, and that they never took an extended
+view of things. If our commander on that coast had had
+discretionary powers to supply Figueras, which was the key
+of Catalonia, with provisions, it could not have been taken
+by force, for it was impregnable. If Government would only
+act in a proper way, it was impossible that Buonaparte could
+go on a twelvemonth longer.</p>
+
+<p class='c001'>“The noble lord then referred to the American war: had
+ministers during that war, instead of marching large armies
+through the country, only transported 10,000 men from one
+place to another, they would soon have laid waste the whole
+sea-coast, and the country must have submitted.</p>
+
+<p class='c001'>“<span class='sc'>Mr. Hutchinson</span> deprecated the species of warfare recommended
+by the noble lord, which he thought would not
+be productive of the effects he expected.</p>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span>, in explanation, defended the system which
+he had recommended, as peculiarly calculated to injure the
+enemy’s coasting trade, which was the great nursery of his
+seamen.</p>
+
+<p class='c001'>“After a few questions from Admiral Markham and Mr.
+Tierney, as to the decrease in the estimates, and replies from
+Mr. Yorke, the resolution was agreed to, as were also the other
+usual annual resolutions relating to the navy.”</p>
+
+</div>
+
+<p class='c001'>As the subject of flogging in the army and navy
+forms a prominent subject in the present day, I may be
+pardoned for putting my own views, then and now, on
+record. On the 13th of March, on the motion for the
+third reading of the Mutiny Bill, Sir Francis Burdett,
+in a speech distinguished for humanity and eloquence,
+animadverted on the punishment of flogging in the
+army and navy, as a system derogatory to our country,
+where the principles of liberty, of humanity, and of
+<span class='pageno' id='Page_252'>252</span>civilisation were better understood and practised than
+in any other country.</p>
+
+<p class='c001'>On this occasion, I delivered my sentiments as
+follows:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Lord <span class='sc'>Cochrane</span> hoped that, by degrees, this punishment
+might in due time be abolished, but declared that it was impracticable
+to govern any large body of men without having
+the power of recourse to it. He believed, however, that
+much of the mischief which arose from the punishment of
+flogging, especially in the navy, had been caused by the influence
+of that House. Great parliamentary interest had
+enabled the first families in the kingdom to force their
+children into the service, when too young to understand the
+nature of the authority entrusted to them. Many of them
+insisted on their decks being as clean and as shining as the
+floor of a drawing-room, and that their kitchen utensils should
+be scoured as bright as silver, with a variety of other useless
+and fantastic commands; and if such commands were not
+obeyed, they flogged severely those who had those articles in
+charge.</p>
+
+<p class='c001'>“The discipline of the navy depended on the commanding
+officer of each ship; and if they continued to flog for such
+offences, the navy must suffer. Gentlemen might think
+otherwise, but he knew it to be true, and he was afraid they
+would be convinced of it too soon. The family interest he
+had alluded to prevailed also, to such a degree, that even
+the Lords of the Admiralty had lists made out, and when an
+officer went to offer his services, or to solicit promotion for
+services performed, he was asked—‘Are you recommended
+by my Lady this, or Miss that, or Madam t’other?’ and if he
+was not, he might as well have stayed at home.</p>
+
+<p class='c001'>“He could not, however, vote for the motion. It would
+be better to look to those to whom power was entrusted, than
+to take away the power of punishing altogether. If it were
+so taken away, it would ruin the service. The best seamen
+in the navy would say so, and if put to the vote among the
+<span class='pageno' id='Page_253'>253</span>sailors, he was sure the decision would be in favour of the
+present mode of punishment; but they would at the same
+time tell the Lords Commissioners of the Admiralty that they
+ought to be commanded by persons of experience, and not
+by young men appointed by parliamentary or any other
+influence. He hoped he should see the practice of flogging
+abolished, while the power of inflicting it was suffered to
+remain.”</p>
+
+</div>
+
+<p class='c001'>Good seamen are thoroughly aware that they have
+nothing to fear from a judicious and well-regulated
+captain, a man of sense, who knows his duty and
+that of those under him. Such captains have indeed
+no difficulty in manning their ships, whilst those in
+whom the men have no confidence find difficulty.
+Good men on board ship stand as little in awe of the
+cat as do the good people ashore—who make so
+much fuss about what they cannot possibly understand.
+Amongst many hundreds of men there are always
+some vagabonds, who, were it not for the fear of
+punishment, would throw their whole work on the
+hands of others. On such men reasoning has no effect,
+nor have good seamen any sympathy with them. On
+the contrary, they would rather see them compelled to
+do their duty by the dread, or even the application of
+the lash, than be obliged to do the work of lazy men
+in addition to their own.</p>
+
+<p class='c001'>Landsmen also forget that a naval officer cannot get
+rid of a worthless vagabond. He has to account for
+him to the Admiralty. Were it possible to give an
+officer power to turn such over the side, as a landsman
+can turn away an unprofitable servant, and he would
+have no occasion for the lash. But so long as he is
+<span class='pageno' id='Page_254'>254</span>obliged to retain such men, he must secure their
+obedience by the only means which will control them.</p>
+
+<p class='c001'>On the 16th of March came on one of those questions
+which added so materially to our national debt. Lord
+Castlereagh proposed a sum of two millions sterling as
+a subsidy to Portugal. He declared that the circumstances
+of Portugal were so much improved, and her
+troops exhibited so much valour, that he did not expect
+any opposition to the measure. This was, however,
+opposed by several members, on the ground of impoverishing
+ourselves by a system which did not produce
+the results the nation had a right to expect. By
+myself it was not opposed, but I embraced the opportunity
+of giving my opinion to the following effect:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> considered Portugal to be defensible
+against the French arms chiefly at the lines of Torres Vedras,
+which were so strong as not to require so great an army as we
+had there, and which gave us a free communication with the
+sea; whereas our operations were conducted on a much more
+extensive scale between Ciudad Rodrigo and Badajoz,—places
+which, if we got possession of them both, were not tenable
+unless we had a force perfectly capable of coping with the
+French forces in the open field. Both these places stood on
+plains, and the French, it should be recollected, were much
+superior to us in the number of their cavalry, and had often
+brought a much larger general force into the field.</p>
+
+<p class='c001'>“The war would be much less expensive, were the lines of
+Torres Vedras considered as the true defence of Portugal; by
+which means, instead of our keeping 60,000 or 70,000 men in
+Portugal, comparatively idle, or, at least, not in a state of
+military activity, we might detach just now, as we might
+have done before, a portion of our army to Cadiz, and raise
+the blockade of that city. A small portion of our army
+might also be sent to Catalonia, where they might reverse all
+<span class='pageno' id='Page_255'>255</span>the success of the enemy; and we might act all along the
+margin of the Mediterranean with the best effect. There
+were numerous small forts on the coast which we might get
+possession of, and thereby command all the neighbouring
+country. We might have done much on the whole eastern
+side of Spain—at Valencia particularly, and might probably
+retake Barcelona. All this was not only useful, but practicable
+at a much smaller expense than our present system.
+Thus we might have constantly checked and counteracted the
+objects of the French.</p>
+
+<p class='c001'>“This suggestion he did not make as his own. It had
+been the recommendation of others as well as his, and seemed
+obvious to anybody. For the principles on which it was
+founded he had the advantage of great authority, which he
+quoted. He declared that he saw nothing in the war to
+occasion our despair, if we conducted it on principles by
+which we might be enabled entirely to clear the sea-coast,
+and have, at the same time, a large proportion of our army,
+now in Portugal, disposable at home or elsewhere, for such
+objects as we desired to obtain. The vote for the two millions
+might, if applicable to these views, prove very beneficial; for
+no service could be more important than to sweep the French,
+as we might do with one effort, from the neighbourhood of
+Cadiz, and clear the whole Mediterranean coast from their
+intrusion.</p>
+
+<p class='c001'>“The resolution was then put and carried.”</p>
+
+</div>
+
+<p class='c001'>On the 4th of May, I gave notice of a motion for an
+account of the quantity of French silks imported into
+this country under licence. The effect of this system
+has on one or two occasions been brought under the
+notice of the reader, as encouraging the French Navy,
+by encouraging their shipping whilst our own laboured
+under every species of discouragement.</p>
+
+<p class='c001'>On the statement of Mr. Rose, Vice-President of the
+Board of Trade, that he had no objection to the motion,
+<span class='pageno' id='Page_256'>256</span>I then said that, if agreeable to the House, I would at
+once proceed with it, and adverted to the fact that
+large quantities of French silks were openly exposed
+for sale in this country to the prejudice of our manufacturers,
+to whom not the slightest concession was
+offered in return. Whether rightly or wrongly, it was
+the established policy of the legislature to prevent the
+importation of French manufactured goods, but the
+licence to do so to a small extent had been construed
+into a licence to import to any amount, and that without
+the necessary introduction through the Custom-house.
+I had been credibly informed that silks, to the
+value of several hundred thousand pounds, were at
+that moment lying in the river, whilst the only clause
+in the licences under which these goods were suffered
+to be imported, and which went to secure any reciprocity
+whatever to this country, was one requiring
+that sugar or coffee, to the value of 5<i>l.</i> per ton burden,
+should be exported in lieu of these rich manufactured
+goods of the enemy. If this were the policy of our
+ministry at the present period of unexampled distress
+to the manufacturing interests, the great dissatisfaction
+of the manufacturers was by no means surprising.</p>
+
+<p class='c001'>The correctness of the statement being denied by Mr.
+Rose, I remarked that if no silk goods had really been
+imported, the return would effectually show this, and as
+effectually calm any dissatisfaction that might prevail.
+After some further unimportant discussion, the motion
+was agreed to.</p>
+
+<p class='c001'>On the order of the day for the third reading of the
+Sinecure Offices Bill (June 15th), I expressed my conviction
+<span class='pageno' id='Page_257'>257</span>of the propriety of abolishing all unnecessary offices
+during the present state of the country, feeling persuaded
+that sinecures were the bond of union which held
+parties together in that House, and that if sinecures did
+not exist, much more attention would be paid to public
+expenditure. I did not so much object to the expense
+which necessarily devolved on the public, as to the
+influence which the power of giving sinecures gave to
+the ministry for the time being.</p>
+
+<p class='c001'>The Parliament being shortly afterwards dissolved,
+my explanations, to the electors of Westminster relative
+to the conduct I had deemed right to pursue in Parliament
+were comprised in the following letters:—</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Portman Square, 28th September, 1812.</span></div>
+
+<p class='c001'>“<span class='sc'>Gentlemen</span>,—Being conscious that I have not used the
+trust reposed in me to my private advantage, or to promote
+the interests of those with whom I am connected by the
+bonds of consanguinity or friendship, and that I have no
+personal object to attain, I shall venture to submit my conduct
+to the scrutiny it must undergo, on presenting myself
+with a view of again becoming one of the representatives of
+this great city; an honour which I do not aspire to from a
+vain notion that I possess the qualifications requisite to perform
+its duties, otherwise than by acting uniformly according
+to the best of my judgment, uninfluenced by considerations
+of a personal nature. Should it appear, however, that I have
+erred, I am ready to assign the reasons which have determined
+my vote on every occasion.</p>
+
+<p class='c001'>“It is unnecessary to apprise you, Gentlemen, who are so
+well acquainted with the fact, that it is impossible for an
+individual, unconnected with either party, to succeed in any
+measure which has for its object a diminution of the means
+of corruption, or, in other words, the power of rewarding
+those who are base enough to support men in office, regardless
+<span class='pageno' id='Page_258'>258</span>of their measures. Had the list of places and pensions,
+possessed by the members of the House of Commons and
+their relations, been granted, which list I moved for shortly
+after my return to Parliament, the public would long ago
+have been convinced that sinecures ought not to be considered,
+as they generally are, a burden of a known amount.
+It has ever been my opinion that their abolition alone would
+relieve the Crown from the thraldom in which it is held; and
+restore the depreciating currency, by promoting the proper
+inquiry into the general application of the public money,
+particularly as to the sums demanded for our enormous and
+disproportionate military establishment.</p>
+
+<p class='c001'>“I have frequently stated, without avail, that simply by
+enforcing the acts relative to prize concerns, two-thirds of
+the navy now employed would be more efficient than the
+whole is, under the mortification of finding the fruits of their
+toil, and often more, taken for the mere condemnation of
+legal captures! History shows, without the example of the
+House of Commons, that this is not the way to stimulate
+men to undergo fatigue, and encounter that kind of danger,
+from which no honour is to be derived. On this subject I
+have not been able to induce the House to look at the proofs
+which I held in my hand, and offered to produce. I am
+averse to trespass on your time, though I feel that I have
+material points to explain; but these I shall defer to a more
+fit opportunity.</p>
+
+<p class='c001'>“I am, however, anxious to add, that my absence lately,
+on occasions when you have had a right to expect my attendance,
+has been occasioned solely by ill health, and not by a
+disposition to tamper with ministers for employment, even in
+the execution of important plans which I had suggested; and
+which, if prosecuted on a fit scale, would afford France full
+employment in her own defence, instead of suffering her
+troops to employ themselves in the subjugation of our allies,
+by whom they are paid and maintained!</p>
+
+<p class='c001'>“Whether I am returned to Parliament or not, as soon as
+I shall have tried every means to promote measures which,
+<span class='pageno' id='Page_259'>259</span>if disclosed at present, would prove highly prejudicial to the
+public interests, I pledge myself to prove to the country,
+that ten millions sterling may annually be saved, and that
+the relative military force of England will be increased.</p>
+
+<p class='c001'>“Viewing your exertions in the cause of freedom and the
+purity of election with that admiration which they so justly
+deserve,</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour to be, Gentlemen,</div>
+ <div class='line in8'>“Respectively, your obedient servant,</div>
+ <div class='line in36'>“<span class='sc'>Cochrane</span>.”</div>
+ </div>
+ </div>
+</div>
+
+<div class='c030'><span class='small'>“Portman Square, Sept. 30, 1812.</span></div>
+
+<p class='c001'>“<span class='sc'>Gentlemen</span>,—Since I had the honour of addressing you,
+by letter, at your last meeting, I have been informed by the
+public prints and otherwise that some gentlemen deemed it a
+material omission that I had neglected to state my opinions
+therein relative to Parliamentary Reform,—a course which
+I adapted, perhaps erroneously, as most respectful to the
+Committee for promoting the Purity of Election; under the
+conviction that they would judge of the future by the past,
+and not by professions. Now, however, to clear up this
+doubt, if any, after reflection, remains on their minds, I
+hereby pledge myself to vote on all occasions for Reform,
+from a persuasion that the ruin of the country can be averted
+by that means only. I will likewise support every measure
+for the abolition of sinecures, which form the bond of union
+in the House of Commons against the interests of the people.
+Indeed, reflection impresses this fact so strongly on my mind,
+that I am disposed to think, if the advocates for Parliamentary
+Reform were to direct their efforts first against these glaring
+evils, that an efficient Reform would not be so far distant as
+the difference of sentiments amongst its advocates unhappily
+indicates.</p>
+
+<p class='c001'>“As to the Catholic Question, Gentlemen, it is proper to
+inform you that so long as its inquisitorial auricular confession
+and its principles so favourable to despotism prevailed
+on the Continent, I was hostile to it; but that I am now
+<span class='pageno' id='Page_260'>260</span>inclined to grant the claims of the Catholics of Ireland,
+provided that they are content to receive the privileges of
+Englishmen, and to relinquish their predilection in favour
+of the jurisdiction of the Pope, which, however, they seem
+anxious to establish in that part of these kingdoms.</p>
+
+<p class='c001'>“Having said thus much on the most important questions
+that occur to me, I have only to add, relative to the objection
+made to a naval officer being a representative for Westminster
+(which I conclude is meant to extend to all other parts of
+the kingdom) that one half of the taxes levied on the people
+of England is disbursed on the navy—for objects which the
+ability of all the civil members of Parliament cannot detect
+to be erroneous from the inspection of accounts. Neither
+are they judges of the means best calculated to give protection
+to trade, and annoy the enemy by that mode of warfare
+to which England must at last resort.</p>
+
+<p class='c001'>“I had nearly omitted to notice that I am no advocate for
+flogging; although I maintain, from a knowledge of fact,
+that your fleets could not be governed at present if the
+power did not exist,—a power which will cease to be abused
+when Parliamentary influence shall cease to place incompetent
+persons in command, and that in a great measure depends
+upon your exertions.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line in5'>“I have the honour to be,</div>
+ <div class='line in11'>“Gentlemen,</div>
+ <div class='line'>“Your most humble obedient servant,</div>
+ <div class='line in26'>“<span class='sc'>Cochrane</span>.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<p class='c001'>The concluding paragraph of this letter will bear
+comment, even in our day. The appointment of officers
+to commands ought to be regulated less by interest than
+<em>desert</em>. The truth of this is now practically admitted
+in other departments of the State, but unhappily the
+Admiralty, to which is confided our only protection
+from invasion, is, to a great extent, looked upon as a
+ministerial patronage preserve, and to this supposed
+<span class='pageno' id='Page_261'>261</span>necessity the national safety may one day be sacrificed.
+It has been urged, in defence of the system, that it is a
+matter of little consequence, for that steam having
+bridged the Channel, invasion is only a question of a
+few hours, whoever may be in command of our ships.
+This I deny. If our ships are in a fit condition, and
+properly commanded, it is as easy to destroy the
+enemy’s “bridge” as ever it was, and we shall be as
+much at liberty to use our own bridge as in former
+days.</p>
+
+<p class='c001'>If the Admiralty could be freed from its political
+trammels, there is no question but that those who
+direct its affairs would be generally guided in their
+appointments <em>by merit alone</em>. That it is not so, is a
+proof that, under the unfortunate prevalence of political
+influence and patronage, no fair and well-understood
+system of promotion can be established. Hence boys
+and subordinate officers, if destitute of influence, have
+no stimulus to acquiring a knowledge of their profession.
+Far otherwise, for whatever may be their proficiency
+or services, the only certainty they have is that
+some one with more influence and perhaps inferior
+claims may be promoted over their heads. It is not
+reasonable to suppose that such a system can produce
+energetic captains or admirals, except by accident.</p>
+
+<p class='c001'>As one ship well officered and manned is more
+effective than two of an opposite description, a defined
+and well-regulated system of promotion upon
+which all can rely will cost less to the nation, and
+become the most economical as well as the most
+effective. The true strength of the navy is not in the
+<span class='pageno' id='Page_262'>262</span>multitude of ships, but in the energies and alacrity of
+officers and crews; and the repression of these qualities
+by a false system of political influence, renders a double
+force requisite for the accomplishment of the vital
+objects of the naval service. This is as much a waste
+of power as the system itself is <em>want of power</em>.</p>
+
+<p class='c001'>The necessity of wholesome stimulating encouragement
+was deeply felt in the wars consequent on the French
+Revolution, and it will be felt in future wars whenever
+they arise. No one unacquainted with the matter can
+imagine how much was lost during those wars from a
+total disregard of the fitness of individuals appointed by
+political influence. The subordinate officers appointed
+to ships of war were frequently so incompetent as to
+paralyse the exertions even of the most able commanders,
+who could not be expected to sustain the
+fatigue of being always on deck. For my own part, I
+was so annoyed by the description of persons attempted
+to be palmed upon me, that, as I have somewhere else
+said, I preferred going to sea with midshipmen of my
+own training, making them perform the duties of lieutenants,
+rather than run the risk of receiving such lieutenants
+as were frequently appointed to situations in
+active frigates, through aristocratic or political influence.
+I am sorry the names of my midshipmen have
+for the most part escaped my memory, but I may point
+to three of my own making—the late Lord Napier,
+Captain Marryat, and the present gallant Admiral Sir
+Houston Stewart. These were my officers in Basque
+Roads, where I had only one lieutenant. On quitting
+Plymouth in the <span lang="fr"><i>Impérieuse</i></span> to undertake that perilous
+<span class='pageno' id='Page_263'>263</span>duty, I sailed with <em>one lieutenant only</em>, to avoid the
+encumbrance of persons in whom I feared to repose
+confidence.</p>
+
+<p class='c001'>To return to my subject. On my re-election for
+Westminster, I published a long address to my constituents.
+From this I shall only adduce the following
+extracts:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Gentlemen</span>,—Being unable to convey in words the sensations
+I experience in reflecting on the manner in which
+you have returned me to Parliament, I shall leave it to you,
+who are capable of such acts, to estimate my feelings.</p>
+
+<p class='c001'>“Gentlemen, no part of the cant of the times seems to
+me more hypocritical than the declamation by party-men
+against what they term the ‘overwhelming influence of the
+Crown;’ when the fact is notorious to us all that the ruling
+faction in Parliament seize the offices of state and share them
+amongst themselves. If a doubt as to this truth exist in the
+mind of any one, let him reflect on the language of the
+parties themselves, ‘Such an administration cannot stand.’
+And why, Gentlemen?—not because the royal protection has
+been withdrawn, but because a sufficient number do not
+agree as to the division of the spoil. Our liberties in these
+days are not in danger from violent and open exercise of
+regal authority; such acts, being free from the deception
+practised by the mock representatives of the people, would
+not be tolerated for an instant. No, Gentlemen, it is by the
+House of Commons alone that the Constitution is subverted,
+the prerogatives of the Crown usurped, the rights of the
+people trampled upon.</p>
+
+<p class='c001'>“Gentlemen, I shall not attempt to enumerate the decisions
+of the late House of Commons,—these stamp little
+credit on the memory of the principal actors, who cannot
+escape from the contempt of posterity, as may, from their
+insignificance, the nameless individuals who composed their
+corrupt majorities. The <em>effects</em>, however, of this system of
+<span class='pageno' id='Page_264'>264</span>corruption may be thus briefly stated; the prolongation of
+war, the increase of the national debt, the depreciation of our
+currency, the disappearance of our coin, the stagnation of
+our commerce, and the consequent unexampled embarrassment
+of our manufactures.</p>
+
+<p class='c001'>“Hurtful, however, as the measures pursued have been,
+our total neglect of others has proved still more prejudicial;
+for whilst France has inflicted on us the evils of war, intimidating
+surrounding states into compliance with her views,
+we, who have possessed facilities to direct every portion of
+our force to unknown points within the extensive range of
+2000 miles of unprotected shore, have never even made a
+demonstration with intention to disturb the enemy’s projects
+and force him to keep his legions at home, but have left him
+at full liberty to prosecute his plans at the expense of our
+allies, or in the way most conducive to his interests; and,
+surely, none could suit him better than to fix the little army
+of England in the centre of the Peninsula, where its movements
+are not of a desultory nature, and where, admitting
+the great ability of its commander, a comparatively small
+portion of the enemy’s force is fully adequate to counteract
+its <em>known movements</em>! What part of these kingdoms would
+be secure from attack if the French possessed a naval superiority,
+with only 20,000 troops at their disposal? It is
+obvious that there must be in every district a force equal to
+that which the enemy could bring against it.</p>
+
+<p class='c001'>“Gentlemen, I cannot avoid stating a fact to you which I
+have often offered to prove at the bar of the late House of
+Commons, namely, that whilst our commerce has decreased,
+that kind of trade which is most beneficial to a state has
+augmented on the shores of the enemy, in a prodigious ratio;
+and the produce of the northern and southern provinces is
+freely interchanged under the protection of the abuses of our
+Admiralty Courts, which afford better security than all the
+batteries of France. The plain reason for this is, that each
+of the numerous coasting vessels must, for the benefit of the
+court, be separately condemned, at an expense greater than
+<span class='pageno' id='Page_265'>265</span>was formerly demanded for the adjudication of an Indiaman!
+Gentlemen, the rapacity of these courts is frequently not
+satisfied by appropriating the <em>whole</em> proceeds to themselves,
+but the captors are compelled <em>to pay</em> an additional sum for
+thus performing a service to their country. Gentlemen, that
+you may have a correct notion of a proctor’s bill, I take the
+liberty of inclosing one for your inspection, which, I assure
+you, may be considered very moderate, being only six
+fathoms and a quarter long, or thirty-seven feet six inches,
+whereas I now possess others that extend to fifty feet; but I
+prefer sending this to your committee, as it is the one produced
+by myself in the House of Commons, and by the
+venerable Earl of Suffolk in the House of Lords; the exhibition
+of which was pronounced by the present Lord Chancellor
+Eldon (the brother of the judge of the Admiralty
+Court) to be a species of <em>mummery</em> never before witnessed
+within those walls, and altogether unbecoming the gravity
+of that branch of the legislature.</p>
+
+<p class='c001'>“The example of the industrious bee demonstrates by the
+laws of nature that the drone is not to live at the expense of
+the community, notwithstanding what the Whigs have said
+of sinecures being held by tenure equal to that of freehold
+property.”</p>
+
+</div>
+
+<p class='c001'>From the preceding incomplete enumeration of my
+parliamentary efforts, it will be apparent that as regarded
+my profession I had not been idle; but every
+step I took appeared to remove me farther from my
+chance of being again employed. Notwithstanding
+that in those days the language of members frequently
+passed those bounds which the modern practice of
+the House of Commons has prescribed, in no instance,
+that I am aware of, could I be accused of intemperate
+treatment of any subject under discussion. Independently
+of the sore point of Lord Gambier’s court-martial,
+<span class='pageno' id='Page_266'>266</span>which was no act of mine—my offending could have
+been none other than the one of attempting to rouse
+the authorities to an effort for the amelioration of the
+navy, for objects which under the old system were
+notoriously not achieved, viz. <em>crippling the energies of
+the enemy</em>. It was in the circle of my political opponents
+considered that as member for Westminster I had
+no right to interfere with naval matters—<em>because I
+was a post-captain</em>!</p>
+
+<p class='c001'>It is, nevertheless, a singular fact—and one which
+cannot be said of any other officer of my then standing
+as a post-captain—that from 1801 to 1812,—on
+no occasion, not even for a single day was any vessel
+of war—save the one in which my pennant flew—once
+placed under my command, or once offered to
+me, with the single exception of the affair of Basque
+Roads, when I was for a few days appointed to organise
+and make use of a flotilla of explosion and
+fireships, the command of which <em>had been declined
+by several other officers to whom it had been proposed</em>,
+and then thrust on me contrary to my inclination.</p>
+
+<p class='c001'>That one cause of my being thus passed over was
+my unceasing advocacy of the navy, admits of no doubt.
+It must be apparent that my motions relative to the
+Courts of Admiralty raised the enmity of all who profited
+by their abuses, and these were neither few nor uninfluential,—that
+my repeated invectives against sinecures
+and pensions arrayed against me all who benefited by
+them—whether personally or through their connections.
+It is, indeed, not too much to say, that those interested
+in sinecures and pensions comprised in those days a
+<span class='pageno' id='Page_267'>267</span>majority of the House of Commons, who stood up for
+their own interest at the national expense as for a
+right.</p>
+
+<p class='c001'>My motion respecting the treatment of French
+prisoners, and especially my declaration of the probable
+motive for erecting the prison of Dartmoor in a
+dreary, desolate, and unhealthy position, such as ought
+not to have been selected for convicts, served to increase
+the ministerial anger. Nor was the evil abated. On
+a second visit to the place, I encountered a spectacle
+which made me ashamed of my country.</p>
+
+<p class='c001'>The reader will remember the action between the
+<i>Pallas</i> and <i>Minerve</i> in Basque Roads, as narrated in the
+first volume. My gallant adversary in that frigate was
+Captain Collett, who kept the deck after every one of
+his crew had been driven below by our fire, which, as
+the <i>Minerve</i> had taken the ground, swept her decks.
+My gallant opponent, however, kept the deck, or
+rather stood on a gun, with as much <span lang="fr"><i>sang-froid</i></span> as
+though we had been firing a salute. On our becoming
+entangled with the <span lang="fr"><i>Minerve’s</i></span> rigging, he raised his
+hat, with all the politeness of a Frenchman of the old
+school, and bowed to me, a compliment which I returned.
+Judge of my surprise, when refused admission
+into the prison at Dartmoor, and prowling about
+its out-offices, at finding my gallant enemy <em>located in
+the stall of a stable</em>, he having been recently made
+prisoner. I promised to use my best endeavour to
+get him removed, and on my arrival in London did so.
+I believe with effect, but to what other locality has
+passed from my memory.</p>
+
+<p class='c001'><span class='pageno' id='Page_268'>268</span>There is no necessity to enumerate other matters
+already familiar to the reader in order to show the
+estimation in which I must have been held by those
+who opposed what they considered innovations, though
+they must have been as well aware of the evils of a
+rotten system as myself.</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_269'>269</span>
+ <h2 class='c006'>CHAP. XXXVI.<br> <span class='small'>MY MARRIAGE.</span></h2>
+</div>
+
+<div class='nf-center-c0'>
+<div class='nf-center c031'>
+ <div>ROMANTIC CHARACTER OF MY MARRIAGE.—UNFORESEEN DIFFICULTIES.—FAMILY RESULTS.</div>
+ </div>
+</div>
+
+<p class='c022'>The event recorded in this chapter is the most important
+and the happiest of my life, in its results,—the
+“silver lining” to the “cloud,” viz. my marriage
+with the Countess of Dundonald. It has been said
+by a Scottish writer that “the Cochranes have long
+been noted for an original and dashing turn of mind,
+which was sometimes called genius—sometimes eccentricity.”
+How far this may be true of my ancestors, I
+shall not stay to inquire. Laying no claim to the
+genius, I however dispute the eccentricity in my own
+case, notwithstanding that appearances, so far as relates
+to my past life, may be somewhat against me. Without
+a particle of romance in my composition, my life
+has been one of the most romantic on record, and the
+circumstances of my marriage are not the least so.</p>
+
+<p class='c001'>Early in the year 1812, it was my good fortune to
+make the acquaintance of the orphan daughter of
+a family of honourable standing in the Midland Counties,
+Miss Katherine Corbett Barnes. In consequence
+of the loss of her parents, the lady had been placed
+<span class='pageno' id='Page_270'>270</span>during her minority under the guardianship of her
+first cousin, Mr. John Simpson of Portland Place and
+also of Fairlorn House, in the county of Kent, of which
+county he was then High Sheriff. The story is the old
+one. Shortly after my introduction to this lady I made
+proposals of marriage, and was accepted.</p>
+
+<p class='c001'>But here an unexpected difficulty arose. I was at
+that time residing with my uncle, the Hon. Basil Cochrane,
+who had realised a large fortune in the East
+Indies. My attachment—though not my engagement—to
+my <span lang="fr"><i>fiancée</i></span> had by some means reached him,
+and he at once attempted to divert my purpose by
+proposing to me a marriage with the only daughter
+of an Admiralty Court official who had realised a very
+large fortune by the practices which have already been
+made familiar to the reader.</p>
+
+<p class='c001'>I cannot describe the repugnance which I felt even
+to the proposition, and pointed out to my uncle the
+impossibility of marrying the daughter of one of those
+persons whom I had so severely denounced; adding
+that not only would such a step be a deviation from
+those principles which ought to guide a well-regulated
+mind in the selection of a wife, but must be destructive
+of my public character, which would be so clearly
+sacrificed for money, that it would render me contemptible
+to my constituents, and would prevent my again
+meriting public confidence. His reply was brief and
+caustic. “Please yourself: nevertheless, my fortune and
+the money of the wife I have chosen for you, would
+go far towards reinstating future Earls of Dundonald in
+their ancient position as regards wealth.”</p>
+
+<p class='c001'><span class='pageno' id='Page_271'>271</span>This conversation was communicated to the lady to
+whom I was affianced, on whom I urged a consent
+to a secret marriage,—a proposition in which she refused
+to acquiesce. My uncle, however, continuing
+firm in his resolves, I at length prevailed upon her to
+overcome her repugnance, and we were, on the 8th of
+August 1812, married at Annan in Scotland.</p>
+
+<p class='c001'>On my return my uncle again renewed the subject,
+and one morning, during our walk he informed me
+that he had made his will, leaving me one half his
+fortune. He, however declared, that compliance with
+his wish as to my marriage with the heiress of the
+Admiralty Court official was essential to its eventual
+confirmation. On arguing this, on the same grounds
+as before, he observed that some other person of wealth
+must be sought for, as his object was to retrieve the
+family <a id='corr271.17'></a><span class='htmlonly'><ins class='correction' title='fortnne'>fortune</ins></span><span class='epubonly'><a href='#c_271.17'><ins class='correction' title='fortnne'>fortune</ins></a></span>. Meanwhile he required my assurance
+that I would not marry without his sanction. Compliance
+with this was declined for the best of all
+reasons, that I was already married.</p>
+
+<p class='c001'>The fact of our marriage was not long concealed,
+and I did not inherit a shilling of my uncle’s
+wealth, for which loss however, I had a rich equivalent
+in the acquisition of a wife whom no amount of wealth
+could have purchased. A yet more singular sequel has
+to be told. On the discovery of the marriage, my
+uncle, though then an old man, also married, and was
+easily made to believe that non-payment of a large
+sum due to him from Government, on account of some
+contracts undertaken before he quitted India, had been
+delayed on account of my parliamentary opposition to
+<span class='pageno' id='Page_272'>272</span>the Ministry. This may or may not have been the
+case, but it induced my uncle to request that our
+future association might be less frequent. An intimation
+followed by the still more questionable course of
+his requesting an interview with Lord Liverpool, for
+the purpose of informing his lordship of the step he had
+taken with regard to myself, and assuring him that
+he had never countenanced my conduct in Parliament.
+Singularly enough, my uncle’s demands upon the Government
+were soon afterwards settled.</p>
+
+<p class='c001'>It was my wish here to have spoken of my wife’s
+devotedness to me amidst the many trying circumstances
+in which, I have been placed. They do not
+however, come within the scope of this volume, as
+regards their chronological order, I therefore postpone
+their narration.</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_273'>273</span>
+ <h2 class='c006'>CHAP. XXXVII.<br><span class='small'>NAVAL ABUSES.</span></h2>
+</div>
+
+<p class='c014'>GREENWICH HOSPITAL.—DROITS OF ADMIRALTY.—PENSIONS.—MY
+EFFORTS FRUITLESS.—CONTRADICTION OF MY FACTS.—THE MANCHESTER
+PETITION.—NAVAL DEBATES.—RESOLUTIONS THEREON.—MR. CROKER’S
+REPLY.—REMARKS THEREON.—SIR FRANCIS BURDETT.—MY REPLY TO
+MR. CROKER.—RESOLUTIONS NEGATIVED WITHOUT A DIVISION.—SIR
+FRANCIS BURDETT’S MOTION.—MR. CROKER’S EXPLANATION.—HIS ATTACK
+ON ME CONFIRMING MY ASSERTIONS.—THE TRUTH EXPLAINED.—ANOTHER
+UNFOUNDED ACCUSATION.—OFFICIAL CLAPTRAP OF HIS
+OWN INVENTION.—MY REPLY.—ITS CONFIRMATION BY NAVAL
+WRITERS.—LORD COLLINGWOOD’s OPINION.—MY PROJECTS ADOPTED
+IN ALL IMPORTANT POINTS.—OFFICIAL ADMISSIONS.—THE RESULT TO
+MYSELF.</p>
+
+<p class='c022'>Soon after the commencement of the session of 1813, I
+made an attempt to direct the attention of Parliament to
+the administration of the funds of Greenwich Hospital,
+in the hope of restoring them to their legitimate purpose
+of rewards for wounds and long service in the navy. At
+this period their perversion had become notorious. In
+place of old retired seamen, not a few of the wards
+were occupied, and pensions enjoyed, by men who had
+never been in the navy at all, but were thus provided
+for, to the exclusion of worn-out sailors, by the influence
+of patrons upon whose political interest they
+had a claim.</p>
+
+<p class='c001'>As the only way to arrive at the full extent of the
+<span class='pageno' id='Page_274'>274</span>evil, in the absence of definite knowledge as to the
+specific documents required, I moved in the House of
+Commons, on the 11th of March 1813, for <em>all papers</em>
+relative to the chest at Greenwich.</p>
+
+<p class='c001'>The motion was met by a suggestion from the
+Speaker—that “if those papers <em>had been</em> laid on the
+table during the present session there would be no
+difficulty in granting them, but that if not, I must
+<em>specify</em> the particular papers required.” This, of course,
+I was unable to do, but gave my reason for the motion
+as follows.</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> then proceeded to express his wish that
+the state of the funds in Greenwich Hospital should be
+known, in order to ascertain whether they were sufficient to
+make provision for that great body of seamen and petty
+officers who would be entitled to be placed on the establishment
+at the conclusion of the present war. The House, he
+was satisfied, could have no objection to this information
+being laid before them. One of his reasons for moving for
+it now was, the fact of his having learned that it was in contemplation
+to devote the Droits of the Admiralty to the
+current services of the year. The noble lord concluded by
+moving, ‘That there be laid before this House an account
+showing the revenues of Greenwich Hospital and the sources
+whence they are derived, also the disbursements for management
+and the number of pensioners in each class; distinguishing
+those maintained within the hospital from the
+out-pensioners; also an account of the number admitted in
+each year since 1800, and the amount of the pensioners at
+that time maintained within and without the hospital.’</p>
+
+<p class='c001'>“<span class='sc'>Lord A. Hamilton</span> seconded the motion.</p>
+
+<p class='c001'>“<span class='sc'>The Chancellor of the Exchequer</span> said it was perfectly
+new to him that there was any intention to devote the Droits
+of Admiralty in the manner stated by the noble lord. He
+knew of no right which existed in His Majesty’s Government
+<span class='pageno' id='Page_275'>275</span>to make such an application of those Droits, and if they were
+so applied, it must be considered entirely as arising from an
+act of royal bounty. The noble lord had adduced no reasonable
+ground for the production of the papers for which he
+had moved. Whether they were of an objectionable description
+or not he was unable to judge; but he could not see
+why the table of the House was to be crowded with useless
+and unnecessary documents. He should, therefore, move the
+previous question.”</p>
+
+</div>
+
+<p class='c001'>It was true that my having heard of the intention of
+the Government with relation to the Droits of Admiralty
+might not be a parliamentary ground for their production,
+but it was a ground for asking the question.
+Had I, however, stated my real motives, the only effect
+would have been prompt denial of the fact by all interested
+in the continuance of the abuse, which could
+only be proved by the papers themselves. I therefore
+endeavoured to procure them on other grounds.</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> persisted in the propriety of the House
+having before them the information for which he had moved.
+There never was a period at which it was more desirable that
+some steps should be adopted to ameliorate the situation of
+His Majesty’s navy. Those brave men of which it was composed
+were subject to the most heartrending oppressions;
+and, in his opinion, had every cause to complain of their
+situations. After having been released from the labours of a
+long and arduous service, they were not, as they richly deserved,
+suffered to return to the bosoms of their families,
+but were kept almost to the last hour of their existence in a
+constant and unremitting state of servitude, unless where
+they determined to sacrifice that reward which their country
+had provided for them as a consolation for the buffeting they
+had undergone to purchase their discharge.</p>
+
+<p class='c001'>“This had frequently been the case; and he had received
+<span class='pageno' id='Page_276'>276</span>constant applications complaining of this species of hardship.
+Two men had lately applied to him, who, after a service of
+seventeen years and a half, as petty officers, had been sent to
+perform that most scandalous of all duties—harbour duty;
+where there was no distinction whatever between petty
+officers and private men; and, who, rather than submit to be
+longer disgraced, had expended 80<i>l.</i> or 90<i>l.</i> each, to obtain
+their discharge. These men were entitled to pensions of 12<i>l.</i>
+or 14<i>l.</i>, a year; and he was convinced that there was not an
+insurance office in town that would not have given, at their
+age, for the sums they had paid for their discharge, annuities
+equal to their pensions. Instead of Greenwich being a source
+of advantage and reward to aged seamen it was made a means
+of recruiting for the navy.</p>
+
+<p class='c001'>“Unless some alteration was made in this system he should
+feel it his duty to move for leave to bring in a bill to limit
+the service of the navy. The House, he was convinced,
+would see the necessity of pointing out some term at which
+a seaman’s service was to be brought to a conclusion, and at
+which he might have some hope of resting his frame, after
+an arduous and gallant service, in the lap of domestic happiness
+and retirement. In consequence of the present
+arrangements, men were employed who were absolutely incapable
+of performing their duty, and in his own ship he had
+found men who, if he had the power, he would much rather
+have discharged than have suffered to remain on board. In
+other instances he knew men, who had been invalided three
+times and sent into harbour duty, volunteer into active service
+three times, in order to avoid that disgrace, and finally die
+amidst the roar of battle, when their tottering limbs were
+scarce able to support them to their quarters.</p>
+
+<p class='c001'>“<span class='sc'>Mr. Rose</span> could not see that any grounds whatever had
+been laid for the noble lord’s motion. The statement into
+which he had entered tended to censure the practice that at
+present existed with respect to the discharge of seamen. He
+recollected that this subject had been before under discussion
+in the House, and that it was then stated that the present
+<span class='pageno' id='Page_277'>277</span>practice had been introduced in order to exempt the men
+from the necessity of finding two substitutes, under which
+they before laboured. This question, however, had no connection
+with the motion, which referred entirely to the
+management of Greenwich Hospital. He believed that the
+affairs of that department were as well and regularly conducted
+as any other branch of the public service.</p>
+
+<p class='c001'>“<span class='sc'>Lord A. Hamilton</span> said he understood the noble lord
+complained of the present system by which the allowance
+received by seamen from Greenwich Hospital was rendered
+useless to them, in consequence of the large sums which they
+were compelled to pay for their release.</p>
+
+<p class='c001'>“<span class='sc'>Mr. Wynn</span> confessed he could see no connection between
+the matter of the speech and the motion itself of the noble
+lord. As the case, however, to which he had called the
+attention of the House, was undoubtedly hard, it was very
+desirable that information should be communicated in some
+mode.</p>
+
+<p class='c001'>“The previous question was then put and carried, when
+<span class='sc'>Lord Cochrane</span> immediately gave notice that he would, that
+day month, move for leave to bring in a bill to limit the
+service of the navy.”</p>
+
+</div>
+
+<p class='c001'>There was not, in fact, much apparent connection
+between my speech and the motion, because the
+Speaker had prohibited me from making the motion in
+such a way as would establish the connection. Nevertheless,
+that both the House and the Ministry well
+understood my aim, was evident from the fact, that the
+Secretary of the Treasury was sufficiently alarmed by
+the attempt which had been made, to induce him to
+come down to the House <em>after I had quitted it</em>, and
+at the last moment of its sitting, in order to defend
+the Admiralty from the effects of a motion which had
+been refused!</p>
+
+<div><span class='pageno' id='Page_278'>278</span></div>
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Mr. Croker</span>, before the House adjourned, rose to make
+a few observations upon what had fallen from the noble lord
+in the early part of the evening, when he did not happen to
+be present. If, however, he had correctly understood what
+had fallen from that noble lord, he begged leave to say, that
+the noble lord had been wholly misinformed with respect to
+the sums of money taken instead of substitutes for the navy.
+The fact was, that the grossest frauds having been practised
+upon the poor men under pretence of providing substitutes
+for them, the Admiralty had come to the resolution of receiving
+a certain sum of money from them, and to find substitutes.”</p>
+
+</div>
+
+<p class='c001'>Notwithstanding the want of connection, Mr. Croker
+perfectly understood the point to which I was coming
+in the end, and hence his taking the course of flatly
+contradicting the premises after I had quitted the
+House. My early connection with this gentleman has
+been stated in the first volume<a id='r83'></a><a href='#f83' class='c016'><sup>[83]</sup></a>, as well as the fact,
+that believing in his sincerity as an ardent opponent of
+administrative abuses of all kinds, I had, during our
+acquaintance, without reserve, and in the belief that I
+had an able coadjutor, unbosomed to him my views
+with regard to the abuses of naval administration. Now
+that he was in an official position which required him
+to defend <em>all abuses</em>, and considering that I stood
+almost alone in exposing them, he was in possession
+<em>of all my plans of action</em>! There can, however,
+be no better proof of the soundness of my views,
+than the fact, that although he had previously been
+made well aware of my line of argument, he never
+attempted to meet me by argument, but always by
+<span class='pageno' id='Page_279'>279</span><em>flat contradiction of my facts</em>. We shall presently come
+to some remarkable instances of this nature.</p>
+
+<p class='c001'>On the 2nd of June I presented to the House a petition
+from the inhabitants of Manchester, a petition complaining
+of ill usage, false imprisonment, and malicious
+prosecution, whilst peaceably assembled to petition Parliament
+for a reform. It is unnecessary to advert to
+these allegations, as they are now an historical record,
+but that the people of Manchester should have selected
+me as the exponent of their grievances, only added to
+the ministerial aversion with which I was regarded.</p>
+
+<p class='c001'>On this occasion, an attempt was made by Mr.
+Bathurst to procure the rejection of the petition, on
+the ground that the petitioners, if aggrieved, “<em>could
+seek redress in a court of law, but that the House could
+not afford them relief</em>!” There was something so heartless
+in such an attempt that it called up some members
+by no means hearty in the popular cause.</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Mr. Whitbread</span> supported the motion, contending that to
+men in the circumstances of the petitioners (some of them
+being now prisoners for debt), it was a mere mockery and
+taunt to tell them that the courts of law were open to them,
+where they might bring actions for malicious prosecutions.
+It reminded him of a saying of the late Mr. Horne Tooke,
+who, on being told that the courts were open to all classes,
+replied, “Yes, and so is the London Tavern, if you have
+money enough.” As the petition was couched in respectful
+terms, he thought it would be setting a bad precedent to
+reject it; it was usual, even though Parliament could not
+interfere, to see the magistrates did not exceed the bounds of
+their jurisdiction.</p>
+
+<p class='c001'>“<span class='sc'>Mr. Wynn</span> observed that the House had been at all times
+peculiarly jealous that no obstructions should be given to the
+<span class='pageno' id='Page_280'>280</span>exercise of the right of petitioning; and as the present complaint
+related to an alleged obstruction of that nature, it
+ought to be received.</p>
+
+<p class='c001'>“The petition was ordered to lie on the <a id='corr280.4'></a><span class='htmlonly'><ins class='correction' title='table.'>table.”</ins></span><span class='epubonly'><a href='#c_280.4'><ins class='correction' title='table.'>table.”</ins></a></span></p>
+
+</div>
+
+<p class='c001'>The circumstances which brought upon me the subsequent
+vengeance of the Admiralty will be found in
+two debates which took place in the House of Commons
+shortly before its prorogation—the one on the
+5th, and the other on the 8th of July 1813.</p>
+
+<p class='c001'>As the subject matter of these debates possesses
+great naval interest, and as the causes which led to
+them are not wholly inoperative in our day, I shall
+adduce them at some length, not so much for my own
+vindication, as in the light of history teaching by
+example.</p>
+
+<p class='c001'>The subject matter of the debates being sufficiently
+included in the reports of the time, very little comment
+will suffice.</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> rose, pursuant to notice, to bring forward
+his motion for increasing the remuneration and limiting
+the service of seamen. He thought it was his duty to lay
+before the House the reasons why our seamen preferred the
+<em>merchant foreign service</em><a id='r84'></a><a href='#f84' class='c016'><sup>[84]</sup></a> to that of their own country, to
+enter which they discovered a very great reluctance.</p>
+
+<p class='c001'>“The facts by which he meant to prove this he had compressed
+into one resolution; as he was anxious that when the
+members of that House retired from their Parliamentary
+duties, they might consider these facts at their leisure, and
+satisfy themselves as to the correctness of the statement, in
+order that when they met again they might have no hesitation
+in adopting such propositions, the object of which would
+<span class='pageno' id='Page_281'>281</span>be the redress of those grievances which were the subject of
+it. As he did not conceive that any objection could be made
+to the mode of proceeding he had adopted, he would not
+occupy the time of the House any longer than by reading
+the resolution. The noble lord then read the following resolution:—</p>
+
+<p class='c001'>“‘That the honour of His Majesty’s Crown, the glory and
+safety of the country, do, in a great degree, depend on the
+maintenance, especially in time of war, <em>of an efficient naval
+establishment</em>:</p>
+
+<p class='c001'>“‘That during the late and present war with France,
+splendid victories have been gained by His Majesty’s fleets
+and vessels of war, over a vast superiority in the number of
+guns and men, and in the weight of metal:</p>
+
+<p class='c001'>“‘That these victories thus obtained were acquired by the
+skill and intrepidity of the officers, and by the energy, zeal,
+and valour of the crews:</p>
+
+<p class='c001'>“‘That during the present war with the United States of
+America, His Majesty’s naval service has, in several instances,
+experienced defeat, in a manner and to a degree unexpected
+by this House, by the Admiralty, and by the country at
+large:</p>
+
+<p class='c001'>“‘That the cause of this lamentable effect is not any
+superiority possessed by the enemy, either in skill, valour,
+nor the well-known difference in the weight of metal, which
+heretofore has been deemed unimportant; but arises chiefly
+from the decay and heartless state of the crews of His Majesty’s
+ships of war compared with their former energy and
+zeal; and compared, on the other hand, with the freshness and
+vigour of the crews of the enemy:</p>
+
+<p class='c001'>“‘That it is an indisputable fact, that long and unlimited
+confinement to a ship, as well as to any other particular spot,
+and especially when accompanied with the diet necessarily that
+of ships of war, and a deprivation of the usual recreations of
+men, seldom fails to produce a rapid decay of the physical
+powers, the natural parent, in such cases, of despondency of
+mind:</p>
+
+<p class='c001'><span class='pageno' id='Page_282'>282</span>“‘That the late and present war against France (including
+a short interval of peace, in which the navy was not paid
+off) have lasted upwards of twenty years, and that a new
+naval war has recently commenced:</p>
+
+<p class='c001'>“‘That the duration of the term of service in His Majesty’s
+navy is absolutely without any limitation, and that
+there is no mode provided for by law for the fair and impartial
+discharging of men therefrom; and that, according
+to the present practice decay, disease, incurable wounds, or
+death, can alone procure the release of any seaman of whatever
+age or whatever length of service:</p>
+
+<p class='c001'>“‘That seamen who have become wholly unfit for active
+service are, in place of being discharged and rewarded according
+to their merits and their sufferings, transferred to
+ships on harbour duty, where they are placed under officers
+wholly unacquainted with their character and former conduct,
+who have no other means to estimate them but on the
+scale of their remaining activity and bodily strength; where
+there is no distinction made between the former petty officer
+and common seamen, between youth and age, and where
+those worn-out and wounded seamen who have spent the
+best part of their lives, or have lost their health in the
+service of their country, have to perform a duty more
+laborious than that of the convict felons in the dockyards—and
+with this remarkable distinction, that the labours of the
+latter have a known termination:</p>
+
+<p class='c001'>“‘That though the seamen thus transferred and thus
+employed have all been invalided, they are permitted to
+re-enter ships of war on actual service; and that such is the
+nature of the harbour duty, that many, in order to escape
+from it, do so re-enter—there being no limitation as to the
+number of times of their being invalided, or that of their
+re-entering:</p>
+
+<p class='c001'>“‘That to obtain a discharge from the navy by purchase,
+the sum of 80<i>l.</i> sterling is required by the Admiralty,
+which, together with other expenses, amounts to
+twenty times the original bounty, and is equal to all that
+<span class='pageno' id='Page_283'>283</span>a seaman can save with the most rigid economy during the
+average period in which he is capable of service; that this
+sum is demanded alike from men of all ages and of all lengths
+of servitude—from those pensioned for wounds, and also from
+those invalided for harbour duty; thus converting the funds
+of Greenwich, and the reward of former services, into a
+means of recruiting the navy:</p>
+
+<p class='c001'>“‘That such is the horror which seamen have of this
+useless prolongation of their captivity, that those who are
+able, in order to escape from it, actually return into the
+hands of Government all those fruits of their toil which
+formerly they looked to as the means of some little comfort
+in their old age:</p>
+
+<p class='c001'>“‘That, besides these capital grievances—tending to perpetuate
+the impress service, there are others worthy the
+serious attention of this House; that the petty officers and
+seamen on board of His Majesty’s ships and vessels of war
+though absent on foreign stations for many years, receive no
+wages until their return home, and are, of course, deprived
+of the comforts which those wages, paid at short intervals,
+would procure them; that this is now very severely felt,
+owing to the recent practice of postponing declarations of
+war until long after the war has been actually begun, by
+which means the navy is deprived, under the name of Droits,
+of the first fruits and greatest proportions of the prize-money
+to which they have heretofore been entitled; and thus, and
+by the exactions of the Courts of Admiralty, the proportion
+of captures which at last devolves to the navy is much too
+small to produce those effects which formerly were so beneficial
+to the country:</p>
+
+<p class='c001'>“‘That while their wages are withheld from them abroad,
+when paid at home, which, to prevent desertion, usually
+takes place on the day before they sail out again, having no
+opportunity to go on shore, they are compelled to buy slops
+of Jews on board, or to receive them from Government at
+fifteen per cent. higher than their acknowledged value; and
+being paid in bank-notes they are naturally induced to
+<span class='pageno' id='Page_284'>284</span>exchange them for money current in other countries, and
+which, it is notorious, they do at an enormous loss:</p>
+
+<p class='c001'>“‘That the recovery of the pay and prize-money by the
+widows, children, or relatives of seamen is rendered as difficult
+as possible; and, finally, the regulations with regard to
+passing of the examination requisite previous to an admission
+to the benefits of Greenwich Hospital, subject the disabled
+seaman to so many difficulties, and to such long delays, that,
+in numerous cases, he is compelled to beg his way in the
+pursuit of a boon, the amount of which, even in the event of
+loss of both eyes or both arms, does not equal that of the
+common board-wages of a footman:</p>
+
+<p class='c001'>“‘That one of the best and strongest motives to meritorious
+conduct in military and naval men is the prospect of promotion;
+while such promotion is, at the same time, free of
+additional expense to the nation; but that in the British
+naval service this powerful and honourable incitement has
+ceased to exist, seeing that the means of rewarding merit has
+been almost wholly withdrawn from naval commanders-in-chief
+under whose inspection services are performed; in fact it is a
+matter of perfect notoriety that it has become next to impossible
+for a meritorious subordinate petty officer or seaman to
+rise to the rank of lieutenant; that in scarcely any instance
+promotion or employment is now to be obtained in the navy
+through any other means than what is called parliamentary
+interest, that is to say,—the corrupt influence of boroughs:</p>
+
+<p class='c001'>“‘That owing to these causes chiefly the crews of his
+Majesty’s ships of war have in general become in a very considerable
+degree worn out and disheartened and inadequate
+to the performance, with their wonted energy and effect, of
+those arduous duties which belong to the naval service; and
+that hence has arisen, by slow and imperceptible degrees, the
+enormous augmentation of our ships and men, while the
+naval force of our enemies is actually much less than in
+former years:</p>
+
+<p class='c001'>“‘That, as a remedy for this alarming national evil, it is
+absolutely necessary that the grievances of the navy, some of
+<span class='pageno' id='Page_285'>285</span>which only have been recited above, should be redressed;
+that a limitation of the duration of service should be adopted,
+accompanied with the certainty of a suitable reward, not
+subject to any of the effects of partiality; and that measures
+should be taken to cause the comfortable situations in the
+ordinary of the dockyards, the places of porters, messengers,
+&#38;c. &#38;c., in and about the offices belonging to the sea
+service, the under-wardens of the naval forests, &#38;c., to be
+bestowed on meritorious decayed petty officers and seamen,
+instead of being, as they now generally are, the wages of corruption
+in borough elections:</p>
+
+<p class='c001'>“‘That this House, convinced that a decrease of energy of
+character cannot be compensated by an augmentation of the
+number of ships, guns, and men, which is, at the same time
+a grievous pecuniary burden to the country, will, at an early
+period next session, institute an inquiry, by special committee
+or otherwise, into the matters above stated, and particularly
+with a view to dispensing suitable rewards to seamen; that
+they will investigate the state of the fund of Greenwich
+Hospital, and ascertain whether it is necessary to apply the
+Droits of the Admiralty and the Droits of the Crown as the
+natural first means of compensation to those who have
+acquired them by their valour, their privations, and their
+sufferings.’”</p>
+
+<p class='c001'>“<span class='sc'>Sir Francis Burdett</span> seconded the resolution.”</p>
+
+<p class='c001'>“<span class='sc'>Mr. Croker</span> thought that, when the noble lord had
+adopted his present method of proceeding, he would have
+acted only consistent with the courtesy of Parliament had he
+<em>given notice</em><a id='r85'></a><a href='#f85' class='c016'><sup>[85]</sup></a> of his intention to those persons whose duty it
+might be to take part in any discussion. The honourable
+member said he would have felt obliged by any information
+the noble lord might have imparted; but though wanting
+such, he had come unprepared into the House to meet the
+noble lord’s resolution. He should be wanting in his duty if
+he did not state most positively, that, excepting the tribute of
+<span class='pageno' id='Page_286'>286</span>just praise, which, in the commencement of his resolution,
+the noble lord had paid to the gallantry and heroism of our
+own seamen, <em>every other part of it was liable to the charge
+of being wholly unfounded in fact</em>, or very much indeed
+exaggerated. The statements those resolutions contained
+were so astonishing—true it was <em>less astonishing when
+coming from the noble lord than from any other person</em>—but
+still even from him they were so astonishing, that surely
+they ought not to have been so suddenly, and with so little
+preparation, brought under the consideration of that House.
+There was no one but the noble lord who conceived that the
+disasters which we had experienced in the course of the present
+war with the United States were not to be attributed to
+a superior force on the part of the enemy, but to a decay of
+all ardour in our seamen in the defence of their country.
+Was the crew of the <i>Java</i> then, who had maintained so stubborn
+a conquest, dispirited? Was the crew of the <i>Macedonian</i>
+disheartened and reduced by hard-usage to imbecility
+and cowardice? So far was that from being the fact, that it
+was in the latter part of the action the spirit of the crew of
+the <i>Macedonian</i> was most conspicuous, that the spirit of her
+officers and her brave commander was most conspicuous. So
+little broken was the spirit of that crew which the noble lord
+had described as utterly heartless and imbecile, that till
+the very last they met the attacks of the enemy with loud
+and repeated cheers.</p>
+
+<p class='c001'>“Now for another fact on which the noble lord had formed
+his resolution. He had stated that seamen were obliged to
+purchase their discharge by no less a sum than 80<i>l.</i>, no matter
+what was the condition of the individual. Now he had to
+state most positively that this was not the case.<a id='r86'></a><a href='#f86' class='c016'><sup>[86]</sup></a> The sum
+specified might, indeed, be <em>required from able seamen</em> who
+wished for their discharge; but the sum of 40<i>l.</i> only was required
+from ordinary seamen; from ordinary seamen transferred
+to harbour duty, only 30<i>l.</i>; from persons who were
+originally landsmen, not more than 20<i>l.</i> And he had to state
+<span class='pageno' id='Page_287'>287</span>further that many persons transferred to harbour duty, and
+considered unfit for service, were discharged without any consideration
+whatsoever. The noble lord had stated formerly
+in the House the case of a harbour duty man who had been
+obliged to pay 80<i>l.</i> for his discharge.</p>
+
+<p class='c001'>“When the noble lord had thought proper to make that
+statement, he had answered in his place that he could not
+take upon him to vouch for the individual case. He had,
+however, subsequently been at considerable pains to discover
+the particular case alluded to by the noble lord, and had examined
+every document in which he thought it could be
+traced—but in vain—he could find nothing of the kind;
+he had then applied to the member for Bedford to procure
+for him the name of the man from the noble lord, but this
+had not been done, and he had never had the pleasure of
+seeing the noble lord since. Now he thought that under
+such circumstances the noble lord should have abstained from
+receiving the statement unless he was disposed to give the
+name of the individual, and thus supply the means of confuting
+it.</p>
+
+<p class='c001'>“Our seamen, said the noble lord, were heart-broken;
+they would indeed be heart-broken had they heard his resolutions;
+that was provided always, though, he retained so
+much authority with them, as would impart to his unjust
+assertions, with respect to them, the power of inflicting pain
+which they would once unquestionably have possessed. They
+would be heart-broken if the House passed a resolution
+which constituted the grossest libel that was ever put forth
+against them. Formerly, said the noble lord, they were full
+of vigour and life under a better system; now they were deprived
+of every comfort, penned up on board of ships which
+were rendered prisons to them, and their health injured by
+defective sustenance.</p>
+
+<p class='c001'>“Now he had to state an improvement in the condition of
+those men whose hardships the noble lord had deplored, which
+would enable them to form fair conjectures as to the justice
+of his statement in general. A practice had been adopted
+<span class='pageno' id='Page_288'>288</span>within these few years of granting seamen leave of absence
+on a plan more liberal and better adapted to promote their
+comfort than any that had been previously thought of. When
+a ship returned from a foreign station, all the men who had
+three years pay due to them got leave of absence for three
+months, for the purpose of enabling them to visit their
+friends; if the individuals were Scotch or Irish the time was
+prolonged. This practice was now so well understood, that
+every ship’s company looked upon it as a matter of right,
+and he was ready to say that though ill effects had been expected
+to result from it, the expectation had been found
+delusive. Several officers had anticipated desertion, others a
+relaxation of discipline; but, he was happy to have to state,
+that so far from their expectations being answered, the men
+returned to their duty with their minds refreshed—new
+strung, and better fitted for the toils imposed on them by
+their duty; and much fewer desertions took place since the
+adoption of such a system of indulgence than before it. He
+stated this to show what a tissue of false promises, as well as
+false inferences, were contained in the resolution of the noble
+lord.</p>
+
+<p class='c001'>“The noble lord’s resolution asserted that there was no fair
+system of promotion in the navy; that everything was conducted
+upon a principle of corruption. Was, then, the
+commission of the noble lord himself given him upon such a
+principle? Did he obtain the red ribbon, which was before
+him never given to an individual of his rank, through corruption?
+Was it through corruption that a relative of the
+noble lord’s had made his way to the top of his profession,
+and had been appointed governor of Guadaloupe? Was it
+through corruption that the influence of the noble lord had
+had considerable weight in effecting the promotion of those
+persons on whose behalf he had used it? He was aware that
+an answer to this last question in the affirmative might be
+grounded upon the assumption that the naval acquaintance
+of the noble lord were persons of little worth, and such as
+could owe their promotion to nothing but corruption. But
+<span class='pageno' id='Page_289'>289</span>he who well knew the reverse would not allow him even this
+miserable refuge. Was the promotion of Captain Duncan
+the effect of corruption? Were the honours which that
+gallant officer’s father had obtained the result of corruption?
+The friends of the noble lord had felt the benefit of his interference,
+and much was it to be wished that it had been confined
+to promote their wishes, and through them the interest
+of the country, and had never been mischievously exercised
+on such occasions as the present. Did not the noble lord
+recollect, when he had left his ship, that he had been consulted
+as to who was the fittest to succeed him, and that his
+recommendation had been acted upon?<a id='r87'></a><a href='#f87' class='c016'><sup>[87]</sup></a> If indeed he had
+never left that ship it would have been well for his own
+reputation, as it would have been well for the interests of his
+country. Most heartily did he wish the noble lord had stayed
+in her to be serviceable to the public instead of coming here
+to be the reverse. The noble lord loved to deal in generals.
+He talked loud about corruption, but he wished him to state
+who paid and who received the wages of corruption.</p>
+
+<p class='c001'>“He was conscious that he had spoken with much heat, and
+hoped for the indulgence of the House; but he could not say
+that he had not meant to reprehend, and that with as much
+severity as he could use, the conduct of the noble lord; that
+he did not mean to set in as strong a light as possible the
+futility of those labours for six months’ duration, which had
+so engrossed the noble lord, that he had been unable to attend
+his parliamentary duties; and which he now imagined would
+enable him to call out in triumph to his constituents, ‘Behold,
+if I have appeared to desert my duty, I have only appeared
+to do so; I have not spent my time in idleness. Here are
+the fruits of my industry; here is the operose conclusion of
+my labours, and the debt you, my constituents, suppose me
+to have contracted, you now find fully liquidated.’</p>
+
+<p class='c001'>“Now, I beg the House to recollect that these accusations of
+the noble lord have not been couched in fleeting and evanescent
+<span class='pageno' id='Page_290'>290</span>speech, but have been regularly arranged in a written
+document, which it is the wish of the noble lord should be
+studied by every member in the leisure which the cessation
+of parliamentary duty will allow him. The noble lord, I
+contend, has taken a very unfair method of conveying his
+opinion; he would have acted more fairly in making them
+the subject of a pamphlet. If he had done so, I certainly
+have not much time for writing, but out of respect for the
+noble lord, I should certainly have answered him, and I
+should have been glad of the opportunity of answering him
+when I could have used freely those terms which he had deserved
+should be applied to him. I must express my sanguine
+hope that the house will not, by adopting such motions as those
+moved by the noble lord, sanction the gross libel which they
+contain against the navy, against parliament, and against the
+country. I wish to lay aside all little considerations to suppose
+that the resolutions are not meant to apply more to the
+persons now engaged in the management of our naval affairs
+than their predecessors; but if it be otherwise, still I wish to
+sink any feeling that might be supposed to arise in my mind
+in consequence, and to answer the noble lord only as the
+defender of that gallant body of men who have stood so long
+forward as our firmest bulwark against the vileness of our
+foe, and who are well entitled to the warmest feeling of gratitude
+we can cherish towards them. I hope, therefore, that
+if the noble lord does dare to push the House to a division,
+that he will be left in a minority such as will not merely
+mark their sense, but also their indignation.”</p>
+
+</div>
+
+<p class='c001'>The reader will not fail to observe the way in which
+the resolution was met by the Secretary of the Admiralty,
+Mr. Croker. In defiance of the fact that the
+notice required by the regulations of the House <em>had</em>
+been given, Mr. Croker openly accused me of discourtesy
+for <em>not having given proper notice</em>! He then
+stated that he was “<em>unprepared</em>” to meet the resolution;
+<span class='pageno' id='Page_291'>291</span>whilst his next words in the same sentence were,
+that the facts set forth in the resolutions were <em>positive
+falsehoods, “wholly unfounded in fact!”</em> This being
+the mode in which Mr. Croker now chose to meet all
+unpleasant resolutions relating to the navy when originating
+with myself, well knowing that <em>they could
+neither be contradicted nor controverted</em>!</p>
+
+<p class='c001'>In order to show the efficiency of our navy, Mr.
+Croker then instanced two of our ships, the <i>Java</i> and
+the <i>Macedonian</i>, both of which were in a high state of
+discipline; but he did not notice the fact of one of those
+which had been defeated by the enemy from the inefficient
+state of their crews and the inadequacy of their
+equipment, to both which facts numbers of officers now
+living can testify. I do not know whether I am justified
+in bringing forward an anecdote which I have
+heard from Sir Charles Napier, who had the misfortune
+to command one of these miserable craft; viz. that
+expecting shortly to engage a United States frigate
+which bore down upon him, he sat down and wrote a
+letter to the Admiralty in case of his capture or death,
+informing their lordships that his frigate had been lost
+from inefficiency of her crew and equipment, when, to
+his surprise, the American sheered off, and he was in
+no condition to follow. I have no doubt the gallant
+admiral will repeat the anecdote to any one whom it
+may interest.</p>
+
+<p class='c001'>Mr. Croker stated, that so far from the Admiralty
+demanding 80<i>l.</i> for the discharge of a seaman, they
+only demanded 40<i>l.</i>, and sometimes not more than 20<i>l.</i>
+In the course of the debates it will be shown that in
+<span class='pageno' id='Page_292'>292</span>some cases the seamen in reality paid 90<i>l.</i> The man
+who made the former statements should not have asserted
+that mine were <em>false</em>. Even the stale trick of
+“virtuous indignation,” the invariable resort of a practised
+orator when he has nothing better to say, was
+here out of place, otherwise than to indicate to the
+partisans of the Government the course to be pursued.</p>
+
+<p class='c001'>Further, Mr. Croker himself admitted the bad condition
+of the navy by saying, now that it suited his
+purpose, “<em>he had to state an improvement in the condition
+of the men</em>.” The instances which he adduced in
+proof were unfounded in fact or practice, so that my
+only way to meet Mr. Croker’s assertions was of necessity
+to imitate his example when commenting on mine,
+viz. to deny them <span lang="la"><i>in toto</i></span>.</p>
+
+<p class='c001'>Mr. Croker’s allusion to my own career as an instance
+of promotion apart from political corruption,
+was amusing; the inference being that nothing but
+actual deeds could possibly command promotion! His
+adducing the case of promotion by the exercise
+of my influence, was pure invention, the rule of the
+Admiralty being that <em>no man, whatever his deserts,
+should be promoted on my recommendation</em>. In the
+first volume I gave the instances of Lieut. Parker, my
+first lieutenant in the <i>Speedy</i>, and Lieut. Haswell in
+the <i>Pallas</i><a id='r88'></a><a href='#f88' class='c016'><sup>[88]</sup></a>, for neither of whom could I obtain promotion
+till, from my presence in the House of Commons,
+it was no longer deemed politic to withhold it.
+Even then, in the case of poor Parker, a mock promotion
+was given which proved his ruin and that of his
+<span class='pageno' id='Page_293'>293</span>family, who were afterwards plunged in the lowest
+depths of poverty.</p>
+
+<p class='c001'>Claptrap of this nature was considered a sufficient
+reply to my resolutions, which embraced the whole
+subject of the abuses of naval administration. The
+object was to mislead the House, ignorant as it was of
+facts, and to throw doubt on my statements, though
+these had been carefully based on the clearest evidence.</p>
+
+<p class='c001'>The oratorical display of Mr. Croker was met by my
+excellent colleague Sir Francis Burdett. As no opportunity
+has occurred in the course of this work whereby
+the reader may judge of the comprehensive nature of
+his parliamentary efforts over any to which I could
+make pretension, I will adduce the speech of the
+honourable baronet on this occasion.</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Sir Francis Burdett</span> said that the honourable secretary
+had indulged in a warmth and severity of animadversion
+which the occasion by no means justified. His noble friend
+had asserted much, and the honourable gentleman had <em>denied</em>
+much, and that on a very important subject; <em>but it remained
+to be seen who was in error</em>. He was willing to admit that
+the late period of the session rendered the motion inexpedient;
+but he conceived that if his noble friend was induced
+to withdraw it, he would feel himself in duty bound to bring
+it forward at an early period of the ensuing session, when,
+of course, the present strong objections to it would be removed.</p>
+
+<p class='c001'>“The honourable member had taxed his noble friend with
+exaggeration, but it was impossible to conceive anything
+more exaggerated <em>than the whole of the honourable gentleman’s
+speech</em>. He had stated his noble friend to have described
+our seamen as having wholly lost the energy and
+<span class='pageno' id='Page_294'>294</span>valour which had once distinguished them. Now, his noble
+friend had never so described them. He had stated that
+their spirits were <em>depressed</em> by <a id='corr294.3'></a><span class='htmlonly'><ins class='correction' title='longc onfinement'>long confinement</ins></span><span class='epubonly'><a href='#c_294.3'><ins class='correction' title='longc onfinement'>long confinement</ins></a></span> and various
+other hardships, but he had never stated that their hearts
+were subdued, or that when brought into action they did not
+forget everything, but that they had their own character and
+the character of their country to support.</p>
+
+<p class='c001'>“The honourable baronet then proceeded to contend that
+as it was not denied that in some cases the sum of 80<i>l.</i> was
+taken for the discharge of a seaman, his noble friend’s assertion
+on that head <em>had not been refuted</em>, and went on to
+remark on the impropriety of the harbour-duty men being
+mixed with convicts (“No, no,” from the Treasury benches).
+He knew nothing of the matter, and therefore would support
+the inquiry, because the facts stated were of the last importance,
+and it ought to be generally known whether they were
+correct or incorrect. He hoped his noble friend would not
+withdraw his resolutions without giving notice that he would
+bring them again under the consideration of the House at an
+early period of next session.”</p>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> replied. He said he was not displeased
+at the warmth with which his proposition had been met. It
+certainly would be injurious to no one except to the feelings
+of certain members of that House. The honourable secretary
+had met his statements with individual instances of
+gallantry. The existence of these he had not denied. But
+he asserted that the physical power of our seamen was
+decreasing partly from the length of the war and partly
+from the system of harbour-duty established in 1803, from
+which service decayed seamen re-entered the navy. He had
+heard that the system was about to be changed; and he
+should be happy to learn from the honourable secretary that
+such was the fact.</p>
+
+<p class='c001'>“The honourable secretary had challenged him to show
+him an instance of a petty officer having purchased his discharge
+from such service. He would name a William Ford,
+who had served with him in the <span lang="fr"><i>Impérieuse</i></span>, who had done
+<span class='pageno' id='Page_295'>295</span>so, Nelson, his coxswain, and a person of the name of Farley,
+who had been returned to him and died on board completely
+worn out in the service. These were facts which he was
+prepared to prove at the bar, as he was all those which had
+been denied with so much warmth by the honourable secretary.</p>
+
+<p class='c001'>“To show further that the crews of British ships of war
+were unequal to themselves heretofore, he would relate what
+was the opinion of a person not at all likely to be disaffected
+to the order of things—he was the son of a bishop, who
+had taken an American privateer, the crew of which consisted
+of only 130 men; and he had declared publicly, that <em>he
+would rather have them than the whole of his own crew,
+consisting of 240</em>. If the honourable secretary doubted
+this fact, he might inquire, and he would easily verify it.
+The noble lord had heard that the sailors taken prisoners by
+the Americans had been found running away into the back
+settlements; that forty of them had been brought back by
+force, and that from the manifestations of this propensity the
+exchange of prisoners had been broken off.</p>
+
+<p class='c001'>“The lateness of the period at which he had brought forward
+his resolution had been complained of. He did intend
+to bring in a bill to limit the term of service, but circumstances
+had prevented him; but he would carry his intention
+into effect in the next session. With respect to parliamentary
+influence, the honourable secretary had asked whether <em>he had
+found it of service to himself in his profession</em>? He certainly
+had not, because <em>he had never prostituted his vote for
+that purpose; but he knew others who had found that influence
+of great avail</em>!! When he again brought forward
+the subject he should prove all the facts he had adduced, and
+he hoped so much ignorance of important facts would not
+then be found to prevail. He had chosen the present form of
+his motion in order to put his statements on record in a way
+not susceptible of misrepresentation.”</p>
+
+<p class='c001'>“<span class='sc'>Mr. Croker</span> replied that the Government had at all times
+been very watchful over the harbour-duty, but that it had
+<span class='pageno' id='Page_296'>296</span>not taken <em>any new steps</em><a id='r89'></a><a href='#f89' class='c016'><sup>[89]</sup></a> since the suggestions of the noble
+lord. He had never heard of any disposition in the seamen,
+taken by the Americans, to run away to the back settlements;
+nor of forty men being brought back by force. The exchange
+of prisoners was broken off in consequence of some
+wrong done to the British seamen, and not in consequence
+of any fault of theirs.”</p>
+
+<p class='c001'>The resolution was then negatived without a division.</p>
+
+</div>
+
+<p class='c001'>Astonished at the result of the debate, which, by
+negativing my resolutions without a division, amounted
+to a decision of the House that the naval administration
+of the country required neither amendment nor even
+investigation, and that the platitudes of the Secretary
+of the Admiralty formed a sufficient answer to the
+subjects sought to be inquired into, it was determined
+by the few independent members of the House that
+the subject should be renewed during the present session,
+notwithstanding that the prorogation of Parliament
+was at hand.</p>
+
+<p class='c001'>Accordingly, Sir Francis Burdett gave notice of a
+motion respecting seamen’s wages and prize money,
+this being the form in which the renewed debate, on
+the 8th of July, took place.</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Sir Francis Burdett</span> called the attention of the House
+to the motion, of which he had yesterday given notice,
+respecting the difficulties which presented themselves to
+the obtaining by the relatives of deceased seamen and
+marines the proper information and the means of recovering
+the wages and prize-money due to them on the
+ships’ books. The bonds required of the clerks in the navy
+pay office, to prevent them from giving the necessary information,
+<span class='pageno' id='Page_297'>297</span>which might be applied for, were, in his opinion,
+more calculated to produce fraud and mischief than to be of
+any real utility. They would, in fact, be subject to become
+the instruments of collusion between the persons in possession
+of the means and information, and persons desirous of converting
+those means to their own fraudulent views and emolument.</p>
+
+<p class='c001'>“If these bonds were of real benefit, and operated, as it
+had been represented, to prevent imposition, he would ask,
+why were they not introduced into other branches of the
+navy department where the clerks were as well acquainted
+with the sums respectively due as in the pay-office? He
+could not discover any satisfactory or solid reason for continuing
+the practice or confining it to one particular office.
+It seemed to him that the best mode both of preventing
+frauds and of giving to the relatives of deceased seamen fair
+and easy opportunities of ascertaining the amount of what
+was due to them on the ships’ books, would be to publish the
+names of such seamen and marines every six months in the
+<cite>Gazette</cite>, with the sums due to them respectively at the time
+of their death. He concluded with moving ‘That every six
+calendar months a list be published in the <cite>Gazette</cite> of the
+unclaimed wages and prize-money due to deceased seamen
+and marines upon the books of His Majesty’s ships of war,
+expressing the places where they were born.’”</p>
+
+<p class='c001'>“<span class='sc'>Mr. Croker</span> said that the honourable baronet had made
+no statement to justify the House in agreeing either to the
+propositions he had advanced in his speech, or to the motion
+which he had made. He could not perceive any ground
+stated by the honourable baronet for convincing the House
+that the practice of which he complained ought to be altered,
+and a new system introduced. Was it not right that the
+lower clerks should be prevented from disclosing that information
+which was in other places <em>at all times to be had</em>?
+Was the Treasurer of the Navy, the Secretary of the Admiralty,
+or the Comptroller of the Navy more obscure than any one of
+the petty clerks who had entered into the bonds of which the
+<span class='pageno' id='Page_298'>298</span>noble lord had complained? Was it not their duty to supply
+the information when duly applied for; and was there any
+charge preferred, or any case made out, of their having
+refused to do so?”</p>
+
+</div>
+
+<p class='c001'>This mode of meeting the case showed, beyond a
+doubt, the justice of the complaint and the necessity
+for the acquiescence of the House in the motion of
+the honourable baronet. Sir Francis complained that
+bonds were taken of the clerks, subjecting their securities
+to penalties and themselves to dismissal if they
+gave information of any matters within their respective
+departments. Mr. Croker not only admitted
+but justified this, on the ground that it was the duty
+of the Secretary of the Admiralty and the Comptroller
+of the Navy to supply the information “<em>when duly
+applied for</em>.”</p>
+
+<p class='c001'>Before commencing his attack on me, Mr. Croker
+curtly informed Sir Francis that “if he wished to
+know what became of the wages and prize-money
+which remained due to the seamen, he would tell him.
+It was <em>carried to the chest at Greenwich</em>. The interest
+was employed in paying the pensions of meritorious
+seamen, and the capital was preserved untouched for
+the claimants whenever they might appear.”</p>
+
+<p class='c001'>Had this been in reality the case, Mr. Croker would
+<em>gladly have proved the fact to the House</em>, as an answer
+to my previous motion for all papers relating to Greenwich.
+In place of so doing, he made it convenient—as
+has been shown in a former chapter—to stay away
+from the House during the debate on that motion,
+which it was “his duty” to meet. After I had
+quitted the House, he then appeared in his place and
+<span class='pageno' id='Page_299'>299</span>said that my statements were without any foundation
+in fact, though he had not listened to them! and could
+only have heard them at second-hand from those
+whose interest it was to misrepresent what I had said.
+Imagine a secretary of the treasury pursuing the same
+course and adopting the same language in the present
+day, and the reader will have little difficulty in arriving
+at the motives or the accuracy of Mr. Croker’s imaginary
+statements, in reply to one who made the Navy his
+<em>entire study</em>, and was practically acquainted with everything
+relating to its administration.</p>
+
+<p class='c001'>The preceding reply was all that was vouchsafed to
+the honourable baronet, Mr. Croker converting the
+subject into a lengthened attack on me, a course which
+the House permitted without question. As the speech
+of the Secretary of the Navy admitted of easy refutation,
+and as—amongst civilised persons in modern times—it
+tells far more against himself than against me, Mr.
+Croker shall enjoy the benefit of it with posterity.</p>
+
+<div class='quote'>
+
+<p class='c001'>“He was happy to see the noble lord opposite in his place
+(Lord Cochrane), as he would give him the opportunity of
+making amends for the mis-statement of which he had been
+guilty on a former evening. He could now flatly contradict
+the noble lord’s assertions in point of fact, as he had before
+contradicted them in point of principle. The first case was
+that of William Ford. The noble lord had stated that William
+Ford had paid 80<i>l.</i> for his discharge from harbour-duty.
+He had not paid 80<i>l.</i> nor any other sum for his discharge.
+The fact was directly contrary. William Ford was an able
+seaman on board the <span lang="fr"><i>Impérieuse</i></span>, the very ship commanded
+by, and which exposed the ignorance of, the noble lord.
+Ford’s wife wrote a letter to him requesting her husband’s
+<span class='pageno' id='Page_300'>300</span>release on providing proper substitutes. It was attended to
+by the Admiralty and Ford was discharged, having never been
+invalided, and having been favoured by those very arrangements
+on which the noble lord had founded this charge.</p>
+
+<p class='c001'>“The next case stated by the noble lord was that of J.
+Milton, his coxswain. The assertion made by the noble lord
+was, that John Milton, after being invalided for harbour-duty,
+and a Greenwich pensioner, had also paid 80<i>l.</i> for his discharge.</p>
+
+<p class='c001'>“Now, what would the House think of the veracity of the
+noble lord when he could prove beyond a possibility of doubt
+that J. Milton was neither a harbour-duty man nor a Greenwich
+pensioner? He had also received a letter from J.
+Milton’s wife requesting the Board to discharge her husband
+upon the usual provision of substitutes being made. A
+compliance with the prayer of the letter took place, and her
+husband was discharged. He surely, after such misrepresentations,
+would not be thought to go too far in maintaining
+that the noble lord’s assertions should have little or no
+weight, since it was so very clearly proved that he was
+ignorant of what passed in his own ship. John Milton,
+however, after having been discharged, contrived, through
+the means of Gawler, whose frauds he himself had detected,
+to obtain upon a false certificate <em>a pension of 12l. a year
+from Greenwich</em>. The fraud was discovered, and the pension
+was withdrawn.</p>
+
+<p class='c001'>“But the noble lord did not seem satisfied with exposing
+his own ignorance, where he had the best opportunities of
+being informed; he went much farther, he exposed his own
+faults and condemned himself. The noble lord declared he
+had discharged sixty men belonging to the <i>Pallas</i> in consequence
+of their incapacity, and risked all the responsibility
+of the measure at the hazard of a court-martial. If the
+noble lord did so, he would tell the noble lord he had done
+that which he ought not to have done—he had falsified the
+books of the ship entrusted to his honour and care. (Hear,
+hear.) For the books which he had signed with his own
+<span class='pageno' id='Page_301'>301</span>hand contradicted his positive assertion. The fact was, that
+fifteen men only were discharged from the <i>Pallas</i> within the
+period mentioned by the noble lord; no such entry there
+appeared; and he could not have exchanged them for supernumeraries,
+because from these books it was seen that only
+twenty-nine supernumeraries had been taken on board.”</p>
+
+</div>
+
+<p class='c001'>When I said that Ford had been obliged to pay 80<i>l.</i>
+for his discharge, instead of the representation being
+false the amount was much <em>understated</em>. He had been
+compelled to find <em>four substitutes, which cost ninety
+pounds!</em> and was then, as a matter of course, discharged
+without further personal payment. The case of Milton
+was a matter of veracity between myself and Mr.
+Croker. I offered to prove to the House that Milton
+<em>had paid nearly 100l.</em> for <em>substitutes</em>, which Mr. Croker
+construed into paying <em>nothing</em>, for his discharge, an
+offer which Mr. Croker did not accept, though he
+admitted the substitutes! which had been provided—a
+fact which he did not attempt to disprove otherwise
+than by his own perverted statements. As Mr. Croker
+himself said “<em>he had contradicted</em> my main assertion;
+how <em>did I get rid of that</em>?” Not anticipating an
+attack on myself, I had not come to the House
+prepared with documents, so that the only way in
+which I could possibly have got rid of Mr. Croker’s
+“<em>contradictions</em>” would have been to imitate his example,
+viz. to convert myself into a bully for the sake
+of outbullying him, a resource from which I was, as a
+gentleman, averse. My reply, presently to be adduced,
+will, I have no doubt, be sufficiently satisfactory to the
+reader.</p>
+
+<p class='c001'>Again, Mr. Croker appealed to the House whether
+<span class='pageno' id='Page_302'>302</span>my veracity was to be depended upon, for having stated
+that Milton was a Greenwich pensioner, and in the
+same breath himself stated that <em>he was one!</em> though
+through, as he alleged, a false certificate obtained from
+another man, about which, if true, I could have known
+nothing except from Admiralty investigations, which
+were kept secret. All I could have known was, that
+when Milton’s case was brought under my notice he
+<em>was</em> a Greenwich pensioner, which Mr. Croker, when
+appealing to the House not to trust my veracity, confirmed
+by stating “<em>that he had a pension of 12l. a year
+from Greenwich</em>!”</p>
+
+<p class='c001'>Mr. Croker’s explanation with regard to Farley was
+even less to his credit. My complaint to the House
+had been that Farley, a man useless from hard service,
+had been returned to me on board the <span lang="fr"><i>Impérieuse</i></span>, and
+that he had died completely worn out. As an instance
+of my want of veracity, Mr. Croker assured the House
+that “he was not invalided for harbour-duty, neither
+<em>died in the service</em>.” The fact was, that the man was
+not invalided at all till within a few days of his death,
+when, unable to return to his friends, I retained him
+on board from a motive of humanity after his discharge,
+and he <em>died on board the Impérieuse</em>. Mr.
+Croker spoke truth when he said he “was not invalided
+for harbour-duty, and that he did not die in the service;”
+but he most unwarrantably concealed truth when
+he suppressed the circumstances under which the man
+<em>really died</em>, which were more disgraceful to the nation
+than invaliding a worn out man for harbour-duty.</p>
+
+<p class='c001'>Unworthy as was this course, it was as nothing compared
+<span class='pageno' id='Page_303'>303</span>with what fell from the lips of Mr. Croker in the
+subsequent portion of his address to the House; in
+which address he asserted that my resolutions were
+“gross and scandalous libels against the honour, the
+valour, and the character of the British navy”—accused
+me of having traduced the commander of the <i>Java</i> and
+<i>Macedonian</i>, though the names of either ships or their
+commanders had never passed my lips, nor were in my
+thoughts—and wound up by asserting that I had
+<em>grossly libelled Captain Broke of the Shannon frigate</em>!!!
+though I had never mentioned the name of one or the
+other in the House, and only regarded them either in
+or out of the House with the highest admiration!</p>
+
+<p class='c001'>As this would be incredible were I not to introduce
+Mr. Croker’s own <a id='corr303.15'></a><span class='htmlonly'><ins class='correction' title='words I,'>words, I</ins></span><span class='epubonly'><a href='#c_303.15'><ins class='correction' title='words I,'>words, I</ins></a></span> shall do so without abridgment.
+1st, to show the impudence of the falsehood,
+and 2ndly, as a really clever tribute to the gallant
+Captain Broke, had it been uttered in common honesty
+and not to get rid of Sir Francis Burdett’s motion; which
+was thus converted into a pretext of vilifying me in
+such language as no modern House of Commons would
+for a moment tolerate.</p>
+
+<div class='quote'>
+
+<p class='c001'>“Having shown, he trusted, to the satisfaction of the
+House, the ignorance and unfounded statement of the noble
+lord, he could not suffer the present opportunity to pass by
+without also showing that the resolutions lately proposed by
+his Lordship were gross and scandalous libels against the
+honour, the valour, and the character of the British navy.
+The noble lord appeared to be peculiarly and most unseasonably
+unfortunate both in his mis-statements and libels. It was
+not necessary for him to tell either the noble lord or the House
+that he alluded to the gallant action fought by the <i>Shannon</i>
+frigate with the <i>Chesapeake</i> American frigate. The communication
+<span class='pageno' id='Page_304'>304</span>which he was about to make to the House had
+not been sought for or prepared by him. It had presented
+itself to him as if from a divinity to confute and confound
+the noble lord’s misrepresentations and libels, and rescue the
+honour of the British navy from unfounded aspersions, and
+raise the glory of the British flag still higher than ever. As
+<em>he was coming to the House the official information of that
+glorious engagement was put into his hands</em>!! He should not
+trouble the House at any length with the character of Captain
+Broke, who commanded the <i>Shannon</i>. It would be sufficient
+for him to say that Captain Broke was an officer no less
+distinguished for his indefatigable activity and unwearied
+enterprise than for his skill and valour. With many occasions
+of making and preserving the valuable prizes which
+must have materially contributed to increase his private
+fortune, he had uniformly preferred the cause of his country
+and the good of the service to his own interests. Cases had
+even occurred, when, although he might have fairly preserved
+his prizes, he rather chose to send them, with all they contained,
+to the bottom of the sea than let any opportunity
+slip in which his exertions and co-operation could be useful
+in another quarter. The action which he fought with the <i>Chesapeake</i>
+was in every respect unexampled. It was not—and he
+knew it was a bold assertion which he made—to be surpassed
+by any engagement which graced the annals of Great Britain;
+the enemy’s ship was superior in size, superior in weight of
+metal, superior in numbers. She entered into the contest
+with the previous conviction of all her superior advantages,
+and with a confirmed confidence of victory resulting from
+that conviction. All this superiority served but to heighten
+the brilliancy of Captain Broke’s achievement. What,
+continued Mr. Croker, will, or rather what can, the
+noble lord say now? Will he persist in still maintaining
+that the captures made by the Americans have been caused
+by the decayed and disheartened state of our seamen, and
+not by the enemy’s superiority in numbers and weight of
+metal? He begged leave to assure the House, that he had
+<span class='pageno' id='Page_305'>305</span>not introduced the account of the glorious victory gained by
+Captain Broke as a single instance of the success of one
+of our frigates; but it had come so opportunely to confound
+the noble lord’s statement and confute his misrepresentations,
+that he felt he would be doing an act of injustice
+to our gallant officers and seamen, to the House, and to the
+country at large were he to pass it over unnoticed, at a
+moment so peculiarly fitted and seasonable for its introduction.
+It was not, he knew, the day or the hour which could
+enhance the value and glory of Captain Broke’s great achievement,
+nor had he any occasion to strengthen by its effects his
+arguments and statements against the noble lord, for he
+sincerely believed there could not be any day or hour in the
+course of the year in which he would not have more than
+ample means of contradicting and disproving such assertions
+as the noble lord had made on this occasion. Mr. Croker
+concluded with observing that he trusted he had shown not
+only the impropriety, but the danger of adopting the motion
+proposed by the honourable baronet.”</p>
+
+</div>
+
+<p class='c001'>The reader may possibly inquire what this tirade
+could possibly have to do with Sir Francis Burdett’s
+motion? or with anything that I had said? He
+may wonder too that the House should have patiently
+listened for an hour to an imaginary charge against
+me <em>for what I had never said</em>! and the Secretary
+of the Navy’s refutation of a charge <em>which his own
+ingenuity had trumped up</em>! In our day it could not
+be that gentlemen by birth or education should
+have endured such claptrap, when its object was to
+malign one of their own body without a shadow of
+foundation for the malice displayed. The history of
+the period, however, so fully details the reasons
+for all this, that I may be spared the trouble of recapitulating
+them.</p>
+
+<p class='c001'><span class='pageno' id='Page_306'>306</span>Unpractised in oratorical arts, whether professionally
+or as the hired advocate of a faction, my reply may
+appear tame; yet what it lacked in eloquence it made
+up by facts which had been <em>contradicted</em>, because they
+could not be <em>impugned</em>.</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> admitted all that could be said of the
+gallantry of our seamen; but maintained that a great and
+a rapid decay had been produced in their physical powers by
+the cause to which he had felt it his duty to call the attention
+of the House. He was pleased that he had done so in the
+form of a resolution which could neither be misrepresented
+or misquoted without detection. It was in the recollection of
+the House that he had not cast the slightest reflection either
+on officers or men, collectively or individually, although the
+honourable secretary had chosen to defend them in both
+cases. Such a line of conduct might be best calculated to
+excite a feeling of disapprobation towards him (Lord Cochrane)
+in the minds of those who had not attended to the
+subject, but it was not an honourable or a candid mode of proceeding
+to put <em>words into his mouth and then argue to
+refute them</em>. He had never mentioned the name of Captain
+Broke or alluded to him in the slightest degree, although the
+secretary had spared no pains to defend him. Captain Broke
+had done his duty; his men proved adequate to the task he
+had imposed upon them; but, if his information was correct,
+the <i>Shannon</i> was the only frigate on the American station in
+which the captain would have been justified in trusting to the
+physical strength of his crew.</p>
+
+<p class='c001'>“The honourable secretary seemed to flatter himself, from
+the exulting manner in which he had delivered his speech,
+that he had also <em>refuted</em> those facts, which he (Lord Cochrane)
+did state. ‘Ford,’ says he, ‘did not pay 80<i>l.</i> for his
+discharge, or any other sum.’ But does not the honourable
+secretary know that this man raised <em>four substitutes</em>, and that
+he (W. Ford) could not procure them otherwise than by
+<span class='pageno' id='Page_307'>307</span>money?<a id='r90'></a><a href='#f90' class='c016'><sup>[90]</sup></a> Was not the difficulty of getting seamen such that
+the Admiralty demanded four men for the discharge of one?
+Under such circumstances it was obvious that the navy was
+manned not by the national bounty or the prospect of reward
+from the service, but out of the funds of those who had long
+served their country. The noble lord pledged himself to
+establish at the bar of the House every circumstance stated
+in the resolutions which he had moved on a former evening.
+Ford, he repeated, paid 90<i>l.</i> for his discharge—a sum equal
+to all that he could have saved during eighteen years’ service!
+No man of feeling could justify the continuance of such a
+practice.</p>
+
+<p class='c001'>“As to the case of Farley, the honourable secretary assured
+the House that he was not invalided for harbour-duty, neither
+had he died in the service—facts which will not be deemed
+important when it is known (and it can be proved) that this
+respectable petty officer, who had been in thirteen general
+actions, and thirty-two years in the navy, was not invalided
+until within a few days of his death; and that, unable to
+return to his friends, he died on board the <span lang="fr"><i>Impérieuse</i></span>. Ought
+not seamen to be entitled to their discharge before they are
+reduced to this state? Can ships be efficient whilst men so
+debilitated form part of their crews?</p>
+
+<p class='c001'>“It is impossible. The honourable secretary laid particular
+emphasis on the case of Milton, as above all the most unfounded
+of his (Lord Cochrane’s) unfounded assertions. He
+had discovered that Milton had received his pension through
+Gawler, perhaps this was the easiest way; but he (Lord
+Cochrane) knew that Milton deserved that pension, having
+been wounded under his command. He was the first man who
+boarded the <span lang="fr"><i>Tapageuse</i></span> in the river of Bordeaux, when that
+ship’s corvette was captured by the boats of the <i>Pallas</i> alone.
+This led him to observe that the lieutenant of the <i>Pallas</i>,
+who executed this service was not promoted by the Admiralty
+until Sir Samuel Hood’s first lieutenant had brought out
+<span class='pageno' id='Page_308'>308</span>another sloop, long afterwards, from the same place with the
+boats of a whole squadron—nor, is it probable that he ever
+would have obtained the reward of his gallant conduct, unless
+the Admiralty had felt that the one could not longer be neglected
+if the other was promoted. So much for impartiality!
+He pledged himself to prove to the House the literal fact that
+Milton <em>had</em> served seventeen years, and <em>had paid</em> nearly 100<i>l.</i>
+for his discharge. Surely such length of service should entitle
+seamen to some deduction from so oppressive an expense!
+This was not the case, however; neither was there any period
+fixed to which they could look forward as the termination of
+their compulsory confinement.</p>
+
+<p class='c001'>“He (Lord Cochrane) did not accuse the present Admiralty
+of originating these abuses; possibly they were even ignorant
+of their existence. Boards never listen to individuals, and
+therefore he had adopted the present mode of calling the
+attention of parliament and of the country to the state of the
+navy. Could any person have believed that the Admiralty,
+instead of <em>decreasing</em> the sum to be paid by meritorious
+seamen after long service, actually <em>increase</em> the amount?
+He wished that the present first lord would look into his
+father’s papers, who had it in contemplation to have made
+many alterations and improvements in naval affairs, with
+which he was well acquainted. Probably had he remained
+in office the seamen would have had no cause now to lament
+the continuance of those evils of which he (Lord Cochrane)
+was desirous to inform the House, with a view that they
+might investigate the subject.</p>
+
+<p class='c001'>“Here the noble lord read an extract from a letter he had
+received that morning from a seaman’s wife, the mother of a
+family, and whose husband was compelled to pay 60<i>l.</i> for a
+discharge, which left their children without bread. She
+owed 7<i>l.</i> to her doctor, who had written to Mr. Croker,
+stating her extraordinary exertions for her family’s support as
+the cause of her illness. The husband after a long service
+had but 17<i>l.</i> remaining; and he was obliged to go down to
+Plymouth before he could get his discharge. Was this the
+<span class='pageno' id='Page_309'>309</span>situation in which British sailors should be placed? He was
+in the judgment of the whole navy, and he would prove his
+facts at the bar. If the honourable secretary had any
+feelings they ought to wring his breast, and prevent him
+from daring to defend such abuses. He would not detain
+the House longer than to say that the army was now a model
+on which to form the navy—so much had circumstances
+changed. Their service was limited, and officers who did
+gallant acts were rewarded by promotion and brevet. He
+named Lieutenant Johnson, who served under his command
+in the Basque Roads, as an instance to prove the unwillingness
+of the Admiralty to do justice unless by favour.”</p>
+
+<p class='c001'>“<span class='sc'>Mr. Croker</span> would not permit the noble lord to <em>lead
+the House away!</em> by stating that his material facts had not
+been <em>disproved</em>. He (Mr. Croker) had <em>contradicted</em> his
+main assertions. The noble lord had not got <em>rid of that</em>;
+and if he would give him further opportunities he would
+give him <em>an equally satisfactory answer</em>!</p>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> admitted that the honourable secretary
+had <em>contradicted</em> his assertions, but he defied him to <em>disprove
+one word</em> contained in his resolution. As the feelings of his
+brother officers might be excited by the statement of the
+honourable secretary who had stood forward in their defence,
+though they had not been attacked, he would again add,
+that he had not even thought disrespectfully of any individual
+to whom the honourable secretary had alluded. He admired
+the gallant conduct of Captain Broke, and asserted that if
+the Admiralty did their duty no 38-gun frigate of ours need
+shrink from a contest with the Americans.</p>
+
+<p class='c001'>“<span class='sc'>Lord Cochrane</span> repelled with scorn the accusation made
+against him of endeavouring to excite dissatisfaction in the
+navy.”</p>
+
+</div>
+
+<p class='c001'>The end of Mr. Croker’s attack on me was fully
+answered, viz. that of averting the attention of the
+House from Sir Francis Burdett’s motion, which fell to
+the ground.</p>
+
+<p class='c001'><span class='pageno' id='Page_310'>310</span>So far I have vindicated myself, I will now appeal to
+authorities far more reliable than Mr. Croker.</p>
+
+<div class='quote'>
+
+<p class='c001'>“You may guess my surprise and disappointment on
+viewing forty-five of the most filthy creatures that ever were
+embarked, sent as part of our complement.”—(<cite>Letter of Lord
+St. Vincent to Admiral Markham, quoted by Brenton.</cite>)</p>
+
+</div>
+
+<p class='c001'>If such men were sent as part of the complement
+of the ship of the commander-in-chief, the public
+may judge of the description furnished to private
+ships of war. Captain Brenton when confirming
+the above opinion of Lord St. Vincent, shall describe
+them.</p>
+
+<div class='quote'>
+
+<p class='c001'>“I can vouch for the correctness of the above picture
+of the men who used to infest our ships. Their personal
+appearance, in spite of every attention, was most miserable,
+particularly the importations at Plymouth. I remember
+being ordered on a survey of <em>some of them in 1811</em>; and so
+truly wretched and unlike men did they appear, that I took
+portraits of them, which I gave to Captain Nash, of the <span lang="es"><i>Salvador
+del Mundo.</i></span> <em>My wonder is that more of our ships
+were not taken by the Americans in the late struggle, when
+it is considered how shamefully they were manned</em>”!!—(<cite>Brenton’s
+St. Vincent</cite>, vol. ii. p. 246.)</p>
+
+</div>
+
+<p class='c001'>Yet for speaking of them in 1813, after our ships
+were everywhere beaten by the Americans, I was
+denounced by Mr. Croker as wanting in veracity!
+My arguments all pointed to the reorganisation of a
+noble service whose cause of failure was solely attributable
+to a want of proper ships, well-trained men,
+and an armament capable of contending with a nation
+which, in this respect, had gone ahead of us.</p>
+
+<p class='c001'>This is not the place to enter into a description of
+<span class='pageno' id='Page_311'>311</span>our disasters in the American war, or it would be easy
+for me to show their origin in the abuses embodied in
+my resolutions. Nor is it to be wondered at that
+seamen who were so ill treated, and who suffered so
+much in former wars, should have recounted their
+sufferings to their descendants, now arrived at manhood.
+Which of them, who could obtain a better
+livelihood, would be likely, after such a description of
+the miseries of naval life, to enter on board an English
+man-of-war? It was no wonder they preferred the
+American service.</p>
+
+<p class='c001'>Had Mr. Croker been candid, he would, when
+speaking of the victory of the <i>Shannon</i>, have adduced
+the fact, which must have been known to the
+Admiralty that one-third of the <i>Chesapeake’s</i> crew
+<em>were British seamen</em>, driven from their own national
+service by ill-treatment. A man in Captain Broke’s
+frigate found his own brother amongst the enemy’s
+wounded!</p>
+
+<p class='c001'>I will adduce the following extracts from Brenton.</p>
+
+<div class='quote'>
+
+<p class='c001'>“Sir Sidney Smith never spared himself. He was ever
+present in danger, and the last to retreat from it. He was
+equally gallant and enterprising with his contemporary,
+Cochrane, but less cautious and less of a sailor. Both these
+valuable officers were latterly lost to the service, because the
+Admiralty would not, <em>when they might have done it</em>, give
+them sufficient employment at sea to keep them at work.”
+(p. 461.)</p>
+
+<p class='c001'>“Vernon owed much of his celebrity to his manly and
+straightforward dealing in the House of Commons.” (p. 347.)</p>
+
+<p class='c001'>“The services of the gallant Vernon were rewarded by his
+<em>being struck out of the list by a weak and wicked government</em>.
+<span class='pageno' id='Page_312'>312</span>Vernon was supposed to have been the author of two
+pamphlets, reflecting on the conduct of the Admiralty, and
+the gallant Admiral very shortly afterwards received a letter
+from Mr. Corbett, the secretary, announcing that His Majesty
+had been pleased to direct their Lordships <em>to strike his name
+off the list of flag officers</em>.” (p. 345.)</p>
+
+<p class='c001'>“If we would have good and faithful seamen to man our
+ships, we must give them full and ample remuneration for
+their services, <em>with security from want and penury in old
+age</em>. I most earnestly pray God that the next parliament may
+have sense and influence enough to listen to men belonging
+to our profession who will fearlessly advocate the cause of
+our sailors.”—(<cite>Brenton.</cite>)</p>
+
+</div>
+
+<p class='c001'>It would not be difficult to multiply these extracts by
+dozens from naval writers of this and a subsequent
+period. These, however, being well known to students
+of naval history, need not be recapitulated. The following
+extract from a letter of Lord Collingwood,
+quoted by Brenton, vol. i. p. 436, embraces the whole
+subject.</p>
+
+<div class='quote'>
+
+<p class='c001'>“What day is there that I do not lament the continuance
+of the war? Nothing good can happen to us short of peace.
+Every officer and man of the fleet is impatient for release
+from a situation which daily becomes more irksome to all.
+I see disgust growing around me very fast.”</p>
+
+</div>
+
+<p class='c001'>The debates in parliament sealed my fate.</p>
+
+<p class='c001'>It is, however a remarkable fact, that, notwithstanding
+my resolutions respecting the navy were thrown
+out without a division—that everything I advanced for
+the good of the navy was pooh-poohed—and that
+every fact I brought forward was flatly denied by Mr.
+Croker, in his position as Secretary of the Admiralty—the
+Government secretly proceeded to adopt nearly
+<span class='pageno' id='Page_313'>313</span>every one of the <em>reforms which had been originated
+and advanced by myself</em>. Thus instead of <em>my plans</em>,
+my efforts for the removal of naval abuses became <em>their
+plans</em>!</p>
+
+<p class='c001'>This would certainly never have been known to me,
+but for the recent publication of the “Diaries and
+Correspondence of the Right Hon. George Rose,” the
+Treasurer to the Navy. From this work I will cull a
+few extracts. Mr. Rose thus writes:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“I dined at Lord Mulgrave’s with the Board of Admiralty,
+to discuss some points respecting <em>my plan</em> for <em>ensuring
+regular</em> adjudication and speedy distribution of the proceeds
+of prizes.... At the Levee to day, Mr. Wellesley Pole
+kissed hands as principal Secretary for Ireland, and Mr.
+Croker as his successor as Secretary to the Admiralty. <em>I
+continue to think this last appointment, without any impeachment
+of the gentleman’s character</em>, <span class='fss'>VERY MUCH TO BE
+REGRETTED</span>.” (Vol. ii. p. 411.)</p>
+
+</div>
+
+<p class='c001'>Nothing of the kind, Mr. Rose, Mr. Croker was
+the only man who could be found to contradict my
+facts, and then induce his superiors to act upon them—to
+ridicule my plans, and then adopt them. So far
+from being out of his place, he was a necessity, since
+being thoroughly acquainted with all my plans and
+aspirations in our days of friendship, he could effectively
+defeat my efforts in the House of Commons and
+profit by them in Whitehall. Mr. Rose possibly did
+not suspect the causes for Mr. Croker’s appointment.</p>
+
+<p class='c001'>At page 503 of the same work, is an intimation
+from Mr. Perceval to Lord Bathurst of “<em>some future
+arrangement of the interests of Greenwich Hospital in
+<span class='pageno' id='Page_314'>314</span>prize-money</em>;” the very subject I had for the first time
+introduced into the House under the disadvantage of
+not knowing what papers to call for! My motions
+for the <em>proper payment of seamen</em>, though repudiated
+in the House, were completely successful in the Administration,
+as is shown by the subjoined correspondence
+between Lord Melville and Mr. Rose on the subject:—</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Admiralty, September 15th, 1814.</span></div>
+
+<p class='c001'>“<span class='sc'>Dear Rose</span>,—I do not trouble you with the inclosed
+from any special consideration of the particular case, but as
+a specimen of a considerable and increased number which I
+have of late received. The circumstance may be accidental,
+and I have little doubt that the several instances may be
+satisfactorily accounted for.... I have no doubt that
+real neglect does not occur, but it is very desirable that there
+should not be even the appearance of it. On your return to
+town, you will probably examine into the subject, with a view
+to ascertain whether in the inferior branches of the Pay
+Office, the business is conducted to your satisfaction.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“Believe me, &#38;c. &#38;c.</div>
+ <div class='line in8'>“<span class='sc'>Melville</span>.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<p class='c001'>The business was not conducted to Mr. Rose’s satisfaction,
+for in his reply to Lord Melville, he says:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“I gave the most positive orders, accompanied by strong
+assurances of my severe displeasure if they should not be
+complied with, for insuring early answers to all applications,
+and, <em>finding these ineffectual</em>, from not knowing on whom
+individually to fix blame, where there was an appearance of
+neglect, I divided the alphabet amongst the clerks in the
+inspection branch, assigning to each certain letters in it, that
+I might know with whom the responsibility rested, who
+should not perform his duty. That has been followed up by
+mulcts and reprimands. At one time I had the whole branch
+into my room, and stated to them in the most impressive
+<span class='pageno' id='Page_315'>315</span>terms, my fixed determination to dismiss the first person
+against whom a well founded complaint should be made; on
+which I had <em>remonstrances for having disgraced the branch</em>!</p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;*</div>
+ </div>
+</div>
+
+<p class='c001'>“My servants have general orders, never, under any pressure
+of business, to refuse admittance to seamen or their relations,
+or, indeed, to any poor inquiring person. I have sometimes
+picked up stragglers in the country and maintained them
+till I could ascertain whether I could be useful to them,
+<em>either in getting their prize-money, or obtaining for them
+admission to Greenwich Hospital</em>!... I have by the
+aid of a law I brought in, punished <em>frauds of every description
+practised upon the seamen</em>, even in cases where <em>only
+larger prices have been exacted than ought to have been paid
+for articles sold to them</em>.”</p>
+
+</div>
+
+<p class='c001'>Formidable admissions, truly, despite the virtuous
+indignation of Mr. Croker on the supposition that anything
+could be wrong at the Admiralty. Yet here,
+after my attempts at remedying abuses, the Treasurer
+to the Navy testifies to the difficulty of seamen obtaining
+access to the Admiralty—to their begging about
+the country in the character of common tramps for
+want of their prize-money, whilst even the wounded and
+aged required Mr. Rose’s humane intervention to get
+them a chance of Greenwich Hospital—to the fact, that
+frauds of all kinds were practised upon them—whilst
+the “<em>branch which was disgraced</em>,” by merely being
+told of its misconduct, was in the habit of charging
+to the seamen “<em>larger prices than ought to have been paid
+for articles sold to them</em>!!”</p>
+
+<p class='c001'>I had brought nothing before the House half so bad
+as this testimony of the Treasurer of the Navy. Yet
+<span class='pageno' id='Page_316'>316</span>for bringing forward what I did on behalf of the navy,
+I was, as will presently be seen, hunted on a false accusation
+into prison, whilst those who marked me
+down were quietly adopting as their own the reforms
+I had advocated!!</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_317'>317</span>
+ <h2 class='c006'>CHAP. XXXVIII. <br><span class='small'>THE STOCK EXCHANGE TRIAL.</span></h2>
+</div>
+
+<p class='c014'>NECESSITY FOR ENTERING ON THE SUBJECT.—LORD CAMPBELL’S OPINION
+RESPECTING IT.—LORD BROUGHAM’S OPINION.—HIS LATE MAJESTY’S.—MY
+RESTORATION TO RANK.—REFUSAL TO REINVESTIGATE MY CASE.—THE
+REASONS GIVEN.—EXTRACT FROM LORD BROUGHAM’S WORKS.—MY
+FIRST KNOWLEDGE OF DE BERENGER.—HOW BROUGHT ABOUT.—THE
+STOCK EXCHANGE HOAX.—RUMOURS IMPLICATING ME IN IT.—I
+RETURN TO TOWN IN CONSEQUENCE.—MY AFFIDAVIT.—ITS
+NATURE.—IMPROBABILITY OF MY CONFEDERACY.—MY CARELESSNESS
+OF THE MATTER.—DE BERENGER’S DENIAL OF MY PARTICIPATION.—REMARKS
+THEREON.—SIGNIFICANT FACTS.—REMARKS ON THE ALLEGED
+HOAX COMMON ON THE STOCK EXCHANGE.</p>
+
+<p class='c022'>I now approach a period of my life in which occurred
+circumstances beyond all others painful to the feelings
+of an honourable man. Neglect I was accustomed to.
+Despite my efforts to rise superior to the jealousies
+of others, it has followed me through life. Exclusion
+from professional activity at a period when opportunity
+for distinction lay before me, was hard to bear;
+but I had the consolation of exerting myself ashore
+for the benefit of the noble service, in the active duties
+of which I was not permitted to participate. But
+when an alleged offence was laid to my charge in 1814,
+in which, on the honour of a man now on the brink
+of the grave, I had not the slightest participation, and
+from which I never benefited, nor thought to benefit
+<span class='pageno' id='Page_318'>318</span>one farthing, and when this allegation was, by political,
+rancour and legal chicanery, consummated in an unmerited
+conviction and an outrageous sentence, my
+heart for the first time sank within me, as conscious
+of a blow, the effect of which it has required all my
+energies to sustain. It has been said that truth comes
+sooner or later. But it seldom comes before the mind,
+passing from agony to contempt, has grown callous to
+man’s judgment. To this principle, I am thankful to
+say, I have never subscribed, but have to this hour remained
+firm in the hope and confidence that by the
+mercy of God I shall not die till full and ample justice
+of my fellow-men has been freely rendered me.</p>
+
+<p class='c001'>It may be thought that after the restoration to rank
+and honours by my late and present Sovereigns—after
+promotion to the command of a fleet when I had
+no enemy to confront—and after enjoyment of the
+sympathy and friendship of those whom the nation
+delights to honour,—I might safely pass over that day
+of deep humiliation. Not so. It is true that I have
+received those marks of my Sovereign’s favour, and it
+is true that from that day to the present I have enjoyed
+the uninterrupted friendship of those who were then
+convinced, and are still convinced of my innocence;
+but <em>that unjust public sentence has never been publicly
+reversed, nor the equally unjust fine inflicted on me
+remitted</em>; so that if I would, it is not in my power
+to remain silent and be just to my posterity. The
+Government of my country has, though often invoked,
+refused to re-investigate my case, as impossible in form,
+and from fear of creating a precedent. Nevertheless, I
+<span class='pageno' id='Page_319'>319</span>will, repugnant as is the subject, re-state the facts, and,
+posterity being my judge, have no fear as to the
+verdict. The coronet of my ancestors, and the honour
+of my family, which will, in the course of nature ere
+long be committed to the keeping of a devoted and
+sensitively honourable son, demand no less at my
+hands.</p>
+
+<p class='c001'>It must not, however, be imagined that the recital
+of leading facts, is for the first time adopted in pursuance
+of the dictates of family duty and affection.
+Neither would it have been possible to write my autobiography
+without entering on this most important and
+painful portion of my life, because such an omission
+would be fatal to my reputation, as it might be construed
+into an admission of my culpability.</p>
+
+<p class='c001'>At a period before the experience of the present
+generation, the circumstances about to be recorded
+were over and over again submitted to public judgment,
+but at a time when the rod of justice was suspended
+<span lang="la"><i>in terrorem</i></span> over the public press, which did
+not venture openly to espouse my cause on its own
+merits. Yet even then my efforts were not in vain.
+The press, instead of being, as in those days it was,
+the organ of ill-concealed public dissatisfaction, has
+now become the exponent of the public voice; which,
+through its medium, is heard and felt throughout
+the length and breadth of the land. Though approaching
+the subject with distaste, I do so with
+confidence that my unvarnished tale will not be told
+in vain.</p>
+
+<p class='c001'>For the more ready appreciation of the reader in the
+<span class='pageno' id='Page_320'>320</span>present day, as regards facts, the details of which the
+lapse of half a century has nearly obliterated, I may be
+permitted to introduce the subject by extracts from
+the works of two of the most learned and distinguished
+lawyers and statesmen of the age in which we live—two
+noblemen, of whose learning, of whose judgment
+and integrity it is unnecessary for me to say one word,
+because they are much above my praise, and therefore
+can receive no addition from it—viz. Lord Brougham,
+formerly our Lord High Chancellor, and Lord Campbell,
+the present Lard High Chancellor of England. I will
+take those of Lord Campbell first, because they embrace
+points into which Lord Brougham does not enter,
+and also because Lord Campbell, in addition to the dignity
+which he now adorns, for many years occupied the
+same high position as did Lord Ellenborough, when he
+presided at the trial to which the reader’s attention is
+now directed.</p>
+
+<p class='c001'>Lord Campbell, at page 218, vol. iii. in his valuable
+work, entitled “The Lives of the Chief-Justices of
+England,” says:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“I have now only to mention some criminal cases which
+arose before Lord Ellenborough in later years. Of these,
+the most remarkable was Lord Cochrane’s, as this drew upon
+the Chief-Justice a considerable degree of public obloquy,
+and, <em>causing very uneasy reflections in his own mind, was
+supposed to have hastened his end</em>.”</p>
+
+<p class='c001'>“Lord Cochrane (since Earl of Dundonald) was one of
+the most gallant officers in the English navy, and had gained
+the most brilliant reputation in a succession of naval engagements
+against the French. Unfortunately for him, he
+likewise wished to distinguish himself in politics, and taking
+<span class='pageno' id='Page_321'>321</span>the Radical line, he was returned to Parliament for the city
+of Westminster. He was a determined opponent of Lord
+Liverpool’s Administration; and at popular meetings was in
+the habit of delivering harangues of rather a seditious aspect,
+which induced Lord Ellenborough to believe that he seriously
+meant to abet rebellion, and that he was a dangerous character.
+But the gallant officer was really a loyal subject,
+as well as enthusiastically zealous for the glory of his country.
+He had an uncle, named Cochrane, a merchant<a id='r91'></a><a href='#f91' class='c016'><sup>[91]</sup></a>, and a very
+unprincipled man, who, towards the end of the war, in concert
+with De Berenger, a foreigner, wickedly devised a scheme
+by which they were to make an immense fortune by a speculation
+on the Stock Exchange.”</p>
+
+<p class='c001'>“For this purpose they were to cause a sudden rise in
+the funds, by spreading false intelligence that a preliminary
+treaty of peace had actually been signed between England
+and France. Everything succeeded to their wishes; the intelligence
+was believed, the funds rose, and they sold on
+time bargains many hundred thousand pounds of 3 per cents.
+before the truth was discovered.”</p>
+
+<p class='c001'>“It so happened that Lord Cochrane was then in London,
+was living in his uncle’s house<a id='r92'></a><a href='#f92' class='c016'><sup>[92]</sup></a>, and was much in his
+company, but there is now good reason to believe that he
+was not at all implicated in the nefarious scheme. However,
+when the fraud was detected,—partly from a belief in his
+complicity, and partly <em>from political spite</em>,—he was included
+in the indictment preferred for the conspiracy to defraud the
+Stock Exchange.”</p>
+
+<p class='c001'>“The trial coming on before Lord Ellenborough, the
+noble and learned Judge, being himself persuaded of the
+guilt of all the defendants, used his best endeavours that
+they should all be convicted. He refused to adjourn the
+trial at the close of the prosecutor’s case, about nine in the
+<span class='pageno' id='Page_322'>322</span>evening, when the trial had lasted twelve hours, and the jury,
+as well as the defendants’ counsel, were all completely exhausted
+and all prayed for an adjournment. The following
+day, in summing up, prompted, no doubt, by the conclusion
+of his own mind, he laid <em>special emphasis on every circumstance
+which might raise a suspicion against Lord Cochrane</em>,
+and <span class='fss'>ELABORATELY EXPLAINED AWAY WHATEVER AT FIRST
+SIGHT MIGHT SEEM FAVOURABLE</span> to the gallant officer. In
+consequence the jury found a verdict of <span class='sc'>Guilty</span> against <em>all</em>
+the defendants.”</p>
+
+<p class='c001'>“Next term, Lord Cochrane presented himself in Court to
+move for a new trial, but the other defendants convicted
+along with him did not attend. He said truly that he had
+no power or influence to obtain their attendance, and urged
+that his application was founded on circumstances peculiar to
+his own case. But Lord Ellenborough would not hear him,
+because the other defendants were not present. Such a rule
+had before been laid down<a id='r93'></a><a href='#f93' class='c016'><sup>[93]</sup></a>, <em>but it is palpably contrary to the
+first principles of justice, and ought immediately to have
+been reversed</em>.”</p>
+
+<p class='c001'>“Lord Cochrane was thus deprived of all opportunity of
+showing that the verdict against him was wrong, and in
+addition to fine and imprisonment, he was sentenced to stand
+in the pillory.<a id='r94'></a><a href='#f94' class='c016'><sup>[94]</sup></a> Although as yet he was generally believed
+to be guilty, the award of this degrading and infamous
+punishment upon a young nobleman, a member of the House
+of Commons, and a distinguished naval officer, raised universal
+sympathy in his favour. The judge was proportionably
+blamed, not only by the vulgar, but by men of education on
+<span class='pageno' id='Page_323'>323</span>both sides in politics, and he found upon entering society
+and appearing in the House of Lords <em>that he was looked
+upon coldly</em>.</p>
+
+<p class='c001'>“<em>Having now some misgivings himself as to the propriety
+of his conduct in this affair, he became very wretched.</em>
+Nor was the agitation allowed to drop during the remainder
+of Lord Ellenborough’s life, for Lord Cochrane being expelled
+the House of Commons, <em>was immediately re-elected
+for Westminster</em>. Having escaped from the prison in which
+he was confined under his sentence, he appeared in the
+House of Commons. In obedience to the public voice, the
+part of his sentence by which he was to stand in the pillory
+was remitted by the Crown, and a bill was introduced into
+Parliament altogether to abolish the pillory as a punishment,
+<em>on account of the manner in which the power of inflicting
+it had been recently abused. It was said that these matters
+preyed deeply on Lord Ellenborough’s mind and affected
+his health. Thenceforth he certainly seemed to have lost
+the gaiety of heart for which he had been formerly remarkable.</em>”
+(Lord Campbell’s “Lives of the Chief-Justices,” vol. iii.
+pp. 218, 219, 220.)</p>
+
+</div>
+
+<p class='c001'>Such are the recorded opinions of one of the most
+learned and acute men of the age, one who now does
+honour to the judgment-seat of the highest tribunal of
+our country; and who, at the time those opinions
+were given to the world, held the scarcely less
+dignified position of Chief-Justice of England, sitting
+in the very court in which that cruel sentence—the
+unmerited cause of so much misery to me—was
+pronounced. From such an authority—as much
+judicial as historic—may the reader form his own conclusions.</p>
+
+<p class='c001'>It is with no less satisfaction that I add the opinions
+of another learned and highly gifted peer of the realm,
+<span class='pageno' id='Page_324'>324</span>who has also adorned the dignified office of Lord High
+Chancellor of England, viz. my friend Lord Brougham,
+to whose name, as the untiring advocate of everything
+nationally progressive and socially expansive, no testimony
+of mine could add weight.</p>
+
+<p class='c001'>In the year 1844, when I submitted to Her Majesty’s
+Government how incomplete I considered the restoration
+of my honours, I wrote to Lord Brougham, ever my
+constant and steadfast friend, to ask his opinion of the
+step I was taking. The subjoined was Lord Brougham’s
+reply:—</p>
+
+<div class='quote'>
+
+<div class='c020'>“Grafton Street, March 29th, 1844.</div>
+
+<p class='c001'>“<span class='sc'>My dear Lord D.</span>—I think, upon the whole, the time
+is favourable.</p>
+
+<p class='c001'>“I have well considered the matter as of importance, and
+have read the papers through. I don’t think the best way of
+bringing the subject before the Duke is to send that correspondence,
+but rather to make a statement, and I authorise
+you distinctly to add to it these two important facts.</p>
+
+<p class='c001'>“First, that William IV. only objected to the Bath being
+restored <em>at the same time</em> with your rank, and not absolutely
+at all times.</p>
+
+<p class='c001'>“Secondly, that your counsel were clearly of opinion that
+the verdict as <em>concerned you was erroneous</em>, and I always
+concluded that you had sacrificed yourself out of delicacy to
+your uncle, the person really guilty.</p>
+
+<p class='c001'>“The restoring you to rank without your honours is too
+absurd and unfair. It means ‘we will take all we can get
+from you in service, and give you nothing.’</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“Yours ever truly,</div>
+ <div class='line in11'>“<span class='sc'>H. Brougham</span>.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<p class='c001'>No one knew better than His late Majesty, King
+William the Fourth, the injustice under which I had
+laboured, and the causes of the political spite which
+had been directed against me. Before His Majesty
+<span class='pageno' id='Page_325'>325</span>came to the throne he warmly interested himself in
+my behalf, and intimated to Sir Francis Burdett, that
+if I were to memorialise the Government, he would
+use his influence to procure my restoration. This
+was accordingly done, but in vain, His Royal Highness’s
+influence <em>then</em> proving insufficient for the purpose,
+but not so after His Majesty’s accession to the
+throne.</p>
+
+<p class='c001'>The following extract of a letter from Sir Francis
+Burdett, coming shortly before my restoration to
+rank, will show the continued interest taken by
+His late Majesty and those near him to remove
+unmerited obloquy from a brother sailor, notwithstanding
+the failure of His Majesty’s previous effort
+when Duke of Clarence. The same intimation to
+Sir Francis Burdett being made, a similar memorial
+was laid before His Majesty in Council; this time
+with effect.</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>My dear Lord Dundonald</span>,—I went to the Levee on
+Wednesday to give your memorial to Greville, the Clerk of
+the Council, to present—but the King returned to Windsor
+immediately after the Levee and no council was held. Had
+it been, I can entertain no doubt that your memorial would
+have been presented and granted.</p>
+
+<p class='c001'>“I went to see Greville about it the next day—he was so
+kind and so desirous of doing everything in his power to expedite
+it, even proposing to take it out of its usual turn, that
+I cannot but feel quite satisfied and assured that there will
+be not a moment’s unnecessary delay. A little patience and
+all will be right. I should like to see you for a day or two,
+and perhaps may.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“Yours sincerely,</div>
+ <div class='line in10'>“<span class='sc'>F. Burdett</span>.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_326'>326</span>My restoration not long afterwards followed, and
+no one knew better than His Majesty the justice of
+reversing the unjust sentence which had so long and
+so undeservedly excluded me from a service which from
+my youth upwards had been my pride.</p>
+
+<p class='c001'>I shall ever consider this <a id='corr326.6'></a><span class='htmlonly'><ins class='correction' title='inteference'>interference</ins></span><span class='epubonly'><a href='#c_326.6'><ins class='correction' title='inteference'>interference</ins></a></span> on my behalf as
+a testimonial from His late Majesty not only to my
+innocence, but also to my unjustifiable persecution, for
+had he not believed me innocent, His Majesty would
+have been the last person to interfere so pertinaciously.
+Still less when, on coming to the throne, his former
+influence had become authority.</p>
+
+<p class='c001'>I was not restored to my honours till the reign of
+Her present Most Gracious Majesty, and on this restoration
+being made, I again requested of Her Majesty’s
+Ministers a reinvestigation into the causes which led to
+my unjust conviction, alleging that my restoration to
+rank and honour might be construed into an act of
+mercy, were not my innocence of the Stock Exchange
+hoax fully established. In this sense I addressed the
+late Duke of Wellington and Sir Robert Peel. The
+following was his Grace’s reply.</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Walmer Castle, Sept. 12th, 1844.</span></div>
+
+<p class='c001'>“<span class='sc'>My Lord</span>,—I have just received the package from your
+Lordship, containing your Lordship’s letter to myself of the
+10th inst. and other papers, which I will peruse with attention
+according to the desire and for the purpose expressed in
+your Lordship’s letter.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour to be, &#38;c.</div>
+ <div class='line in17'>“<span class='sc'>Wellington</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“Admiral the Earl of Dundonald, &#38;c.”</span></p>
+
+</div>
+
+<p class='c001'>The reply of Sir Robert Peel was more explicit, and
+<span class='pageno' id='Page_327'>327</span>gave as a reason why my request could not be complied
+with, that just, or unjust, it was not, from lapse
+of time, in the power of the Government to attempt to
+reverse a decision in a court of law.</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Whitehall, Nov. 7th, 1844.</span></div>
+
+<p class='c001'>“<span class='sc'>My Lord</span>,—Her Majesty’s servants have had under their
+consideration the letter I received from your Lordship, bearing
+date the 10th of September 1844, together with the documents
+by which that letter was accompanied.</p>
+
+<p class='c001'>“On reference to the proceedings which were adopted in
+the year 1832<a id='r95'></a><a href='#f95' class='c016'><sup>[95]</sup></a>, it appears that previously to the restoration
+of your Lordship to your rank in the navy a free pardon
+under the great seal was granted to your Lordship, and, adverting
+to that circumstance, and to the fact that thirty years
+have elapsed since the charges to which the free pardon had
+reference were the subject of investigation before the proper
+judicial tribunal of the country, Her Majesty’s servants
+cannot consistently with their sense of public duty advise
+the Queen to re-open an inquiry into those charges.</p>
+
+<p class='c001'>“I beg leave to refer your Lordship to the letter which the
+Earl of Haddington, the First Lord of the Admiralty, addressed
+to your Lordship in the year 1842—as I am not
+enabled to make any communication to your Lordship on the
+part of Her Majesty’s Government differing in purport from
+that letter.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour, &#38;c.,</div>
+ <div class='line in14'>“<span class='sc'>Robert Peel</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“Admiral the Earl of Dundonald, &#38;c.”</span></p>
+
+</div>
+
+<p class='c001'>Here was the whole secret why I had never been
+able to obtain an investigation of my case, and why
+the Admiralty, which deprived me of rank and honour,
+declined to investigate it, notwithstanding that an
+appeal from the verdict had been refused by the Court
+<span class='pageno' id='Page_328'>328</span>of King’s Bench, though I had then in court such
+additional evidence as must have set aside the verdict,
+which evidence will shortly be laid before the
+reader who will now be in a condition to understand
+the following explanation of Lord Brougham,
+given, under the article “Ellenborough,” in his “Historic
+Sketches of British Statesmen in the time of
+George the Third.”</p>
+
+<div class='quote'>
+
+<p class='c001'>“On the bench, it is not to be denied that Lord Ellenborough
+occasionally suffered the strength of his political
+feelings to break forth and to influence the tone and temper
+of his observations. That he ever, upon any one occasion,
+knowingly deviated one hair’s breadth in the discharge of his
+office is wholly untrue. The case which gave rise to the
+greatest comment, and even led to a senseless show of impeachment
+was Lord Cochrane’s. * * * I must, however,
+be here distinctly understood <em>to deny the accuracy of the
+opinion which Lord Ellenborough appears to have formed
+in this case, and deeply to lament the verdict of guilty
+which the jury returned, after three hours’ consultation
+and hesitation</em>.</p>
+
+<p class='c001'>“If Lord Cochrane was at all aware of his uncle Mr.
+Cochrane Johnstone’s proceedings, it was the whole extent of
+his privity to the fact. Having been one of the counsel
+engaged in the cause I can speak with some confidence respecting
+it, and I take upon me to assert that Lord Cochrane’s
+conviction was mainly owing to the extreme repugnance
+which he felt to giving up his uncle, or taking those precautions
+for his own safety which would have operated against
+that near relation. Even when he, the real criminal, had
+confessed his guilt, by taking to flight, and the other defendants
+were brought up for judgment, we, the counsel,
+could not persuade Lord Cochrane to shake himself loose
+from the contamination by abandoning him.</p>
+
+<p class='c001'>“Our only complaint against Lord Ellenborough was his
+<span class='pageno' id='Page_329'>329</span>Lordship’s refusal to adjourn after the prosecutor’s case closed,
+and his requiring us to enter upon our defence at so late an
+hour—past nine o’clock—that the adjournment took place
+at midnight, and before we called our witnesses. Of course,
+I speak of the trial at Guildhall only. Lord Ellenborough
+was equally to blame with his brethern in the Court of
+King’s Bench for that most cruel and unjustifiable sentence,
+which at once secured Lord Cochrane’s re-election for Westminister
+when the House of Commons expelled him upon his
+conviction.</p>
+
+<p class='c001'>“In 1833, the Government of which I was a member restored
+this great warrior to his rank of Admiral in our navy.
+The country, therefore, in the event of hostilities, would now
+have the inestimable benefit of his services, whom none perhaps
+ever equalled in heroic courage, and whose fertility of
+resources, military as well as naval, place him high amongst
+the very first of commanders. That his honours of knighthood,
+so gloriously won, should still be withholden is a stain,
+<em>not upon him</em>, but upon the councils of his country; and
+after his restoration to the service, it is as inconsistent and
+incomprehensible as cruel and unjust.” (Lord Brougham’s
+“Historic Sketches.”)</p>
+
+</div>
+
+<p class='c001'>A brief outline of the circumstances which led to
+the trial will enable the reader to comprehend the
+grounds upon which the opinions just quoted were
+based.</p>
+
+<p class='c001'>At the commencement of 1814 I was appointed by
+my uncle, Sir Alexander Cochrane, then commanding
+the British fleet on the North American station, as his
+flag-captain; and in the month of February was busily
+engaged in getting the <i>Tonnant</i> line-of-battle-ship, then
+fitting at Chatham as my uncle’s flag-ship, ready for
+sea. The presence of Sir Alexander being imperatively
+required upon the station, he had previously quitted
+<span class='pageno' id='Page_330'>330</span>England in a frigate; and it had been understood
+between my uncle and myself that, on joining him
+with the <i>Tonnant</i>, the most efficient measures should
+be adopted to compensate for our late defeats with the
+better manned and equipped vessels of the United
+States.</p>
+
+<p class='c001'>Previous to my uncle’s departure at the latter end of
+1813, he had, in pursuance of this object, repeatedly
+though unsuccessfully applied to the Admiralty for
+permission to engage an officer in the Duke of Cumberland’s
+regiment of Sharpshooters, as having a
+reputation not only for skill in teaching rifle practice,
+but also for his pyrotechnic acquirements, as
+an engineer officer; this proficiency having become
+known to Sir Alexander through his brother, who,
+strongly urged the employment of the person alluded
+to, a Captain De Berenger, with whom Mr. Cochrane
+Johnstone had been for some time acquainted. It
+was thus that I was subsequently brought in contact
+with a man who eventually proved my ruin, by involving
+me in an appearance of complicity in an attempt
+to raise the public funds by the dissemination
+of groundless news to the prejudice of the Stock
+Exchange speculators, one of those common deceptions
+which, I am told, were then, as now, practised
+by parties connected with the transactions of the Stock
+Exchange.</p>
+
+<p class='c001'>In the month of January Mr. Cochrane Johnstone
+invited De Berenger to a dinner, at which I was present.
+Towards the close of the evening this person
+asked me to step aside with him for the purpose of conversation.
+<span class='pageno' id='Page_331'>331</span>His object was to request me to take him on
+board the <i>Tonnant</i> in any capacity, for having failed
+to obtain the consent of the Admiralty he would be
+happy to trust to Sir Alexander’s generosity to employ
+him in any situation for which he was qualified.
+With this view he begged me to peruse his testimonials
+as Adjutant of the Duke of Cumberland’s rifle
+regiment, as well as other documents of a similar
+character.</p>
+
+<p class='c001'>Finding the testimonials satisfactory, I expressed my
+regret at not being able to take him in the <i>Tonnant</i>
+without an appointment, or at least an order, from
+the Board of Admiralty; adding, that no person
+could possibly have less influence with their Lordships
+than myself, and that therefore it was useless for me to
+apply to them on his behalf, especially as they had
+refused the application of Sir Alexander Cochrane.
+Knowing, however, that it was the wish of Sir Alexander
+that De Berenger should go if possible, I recommended
+him to exert himself to secure the influence
+of those under whom he appeared to have served
+so satisfactorily; adding that, if he succeeded, I
+should have great pleasure in taking him in the
+<i>Tonnant</i>.</p>
+
+<p class='c001'>With these prefatory remarks the reader will readily
+comprehend what follows:—</p>
+
+<p class='c001'>About midnight on the 20th of February, according
+to the current report of the transactions hereafter to be
+named, a person calling himself Colonel de Bourg, aide-de-camp
+to Lord Cathcart, presented himself at the
+Ship Hotel at Dover, representing that he was the
+<span class='pageno' id='Page_332'>332</span>bearer of intelligence from Paris, to the effect that
+Buonaparte had been killed by the Cossacks—that the
+allied armies were in full march for Paris—and that
+immediate peace was certain. After this announcement
+he forwarded similar intelligence by letter to the Port-Admiral
+at Deal, with a view—as was supposed—of
+its being forwarded to London by telegraph; thus
+making the Port-Admiral the medium of communication
+with the Government.</p>
+
+<p class='c001'>This person, as was afterwards known to the Stock
+Exchange only <em>through my instrumentality</em>, was the
+before-named De Berenger. The intelligence was false,
+having been concocted for the purpose of causing a
+rise in the public funds.</p>
+
+<p class='c001'>On the 7th of March, the Committee of the Stock
+Exchange published an advertisement offering a reward
+of two hundred and fifty guineas for the discovery of
+the person who had perpetrated the hoax; a report
+being at the same time current that the pretended Du
+Bourg had, on the morning of the 21st of February,
+been <em>traced to my house in Green Street</em>.</p>
+
+<p class='c001'>At this time I had joined the <i>Tonnant</i> at Chatham,
+and was preparing to sail for the North American
+station, but on learning the injurious report above
+mentioned, and being aware from the ordinary channels
+of public intelligence of the nature of the transaction—being
+moreover indignant that the perpetrator
+of the deception should have dared to visit me, I
+determined to denounce him, in order that if he
+were really the guilty person, his name should be
+made public at the earliest possible moment, so that
+<span class='pageno' id='Page_333'>333</span>no time might be lost in bringing the matter home
+to him.</p>
+
+<p class='c001'>In pursuance of this determination I obtained leave
+of absence from the ship. On my return to town, I
+found that although the authorities were ignorant of
+the name of the person who came to my house on
+the 21st of February, public rumour did not hesitate
+to impute to me complicity in his transactions, simply
+from the fact of the suspected person, whoever he
+might be, having been there.</p>
+
+<p class='c001'>To rebut these insinuations was of the first importance.
+Accordingly I immediately consulted my legal
+advisers.</p>
+
+<p class='c001'>The result was that an affidavit was prepared and
+submitted to an eminent barrister, Mr. Gurney, to
+whom I disclosed every particular relative to the visit
+of De Berenger, as well as to my own previous, though
+very unimportant transactions, in the public funds. I
+was advised by him and my own solicitors to confine
+myself simply to supplying the authorities with the
+name of De Berenger as the person seen in uniform
+at my house on the 21st ultimo.</p>
+
+<p class='c001'>With this suggestion, wisely or unwisely—but
+certainly in all honesty, I refused to comply, expressing
+my determination to account <em>for all my acts</em> on the 21st
+of February, even to the entire occupation of my
+whole time on that day. Finding me firm on this
+point, the affidavit was settled by Mr. Gurney, and
+sworn to, the name of De Berenger for the first time
+thus becoming known to those who were in quest of
+him. (See Appendix.)</p>
+
+<p class='c001'><span class='pageno' id='Page_334'>334</span>A circumstance may here be mentioned which has
+an important bearing on the subject. My letter to
+the Admiralty, giving my reasons for asking leave of
+absence for the purpose of rebutting the insinuations
+against my character, contained most material matter
+for my exculpation. It was written to Mr. Secretary
+Croker, but when I afterwards moved for and obtained
+from the House of Commons an order for the production
+of my correspondence with the Admiralty,
+<em>this letter was not to be found, though all others asked
+for were!!</em> Had the letter been produced, it must
+have had great weight with the House, the adverse
+decision of which I mainly ascribe to its nonproduction.
+Unfortunately, in the haste of the application, no copy
+was taken.</p>
+
+<p class='c001'>I have been particular in recording dates, because
+it has been insinuated to my injury that I <em>had been
+tardy</em> in giving the information in my power. It
+is hence my desire to put on record that <em>the moment</em>
+the necessity for vindicating myself arose not an hour
+was lost by me in giving the Stock Exchange a clue
+to the offender, if such De Berenger should turn out
+to have been.</p>
+
+<p class='c001'>I will here notice another circumstance, viz. that
+the very Mr. Gurney who had advised me in the
+matter of my affidavit, and to whom I had unreservedly
+communicated every circumstance connected with
+my private affairs, as well as those connected with
+the visit of De Berenger, was afterwards chosen by
+Mr. Lavie, the <em>solicitor to the committee, as the leading
+counsel for the Stock Exchange at the subsequent
+<span class='pageno' id='Page_335'>335</span>trial against me!</em> I simply relate the fact, without
+comment.</p>
+
+<p class='c001'>It is not necessary here to weary the reader by the
+insertion of a lengthy affidavit, which accounted for
+every act of mine on the day of the alleged hoax.
+The main facts, as relating to the visit of De Berenger,
+are these. That early on the morning in question I had
+gone to a lamp manufactory in the city, for the purpose
+of superintending the progress of some lamps patented
+by me, and ordered for the use of the convoy of which
+I was about to take charge on their voyage to North
+America. Whilst thus engaged, my servant came to
+me with a note, which had been given to him by a
+military officer, who was waiting at my house to see
+me. Not being able to make out the name, from the
+scrawling style in which the note was written, and
+supposing it to have come from a messenger from my
+brother, who was then dangerously ill with the army
+of the Peninsula, and of whose death we were in daily
+expectation of hearing, I threw down the note, and
+replied, that I would come as soon as possible; and,
+having completed my arrangements at the lamp manufactory,
+arrived at home about two hours afterwards,
+when, to my surprise, I found De Berenger in place
+of the expected messenger from my brother. The
+reader may gather from my affidavit what occurred at
+this interview. (See Appendix.)</p>
+
+<p class='c001'>The comprehensiveness of the voluntary disclosure
+contained in the affidavit has been termed indiscreet,
+and may have been so, as entering on much that
+might be deemed unnecessary. But I had nothing to
+<span class='pageno' id='Page_336'>336</span>conceal, believing it could in no way affect me—nor
+would it have done so but for the trickery subsequently
+resorted to. There was nothing extraordinary in the
+document. A poor but talented man—a prisoner
+within the Rules of the King’s Bench—came to me in
+the hope that I would extricate him from his difficulties
+by taking him to America in the <i>Tonnant</i>. After my
+renewed refusal, on professional grounds, De Berenger
+represented that he could not return to the Rules in
+his uniform without exciting suspicion of his absence.
+The room happened at the time to be strewed with
+clothes, in process of examination, for the purpose of
+being sent on board the <i>Tonnant</i>, those rejected being
+thrown aside; and at his urgent request I lent, or
+rather gave, him a civilian’s hat and coat to enable
+him to return to his lodgings in ordinary costume.
+This simple act constituted my offence, and was construed
+by the Court into complicity in his fraudulent
+conduct! though under ordinary circumstances, and
+I was aware of no other, it was simply an act of compassionate
+good nature.</p>
+
+<p class='c001'>A very remarkable circumstance connected with this
+affidavit, and afterwards proved on the trial, was this—that
+on De Berenger’s arrival in town from Dover, he
+neither went to the Stock Exchange, nor to his employers,
+whoever they might be, nor did he take any
+steps on his arrival in town to <em>spread the false intelligence
+which he had originated</em>. He was proved on the
+trial to have dismissed his post-chaise at Lambeth—to
+have taken a hackney-coach—and to have proceeded
+straight to my house. The inference is plain, that the
+<span class='pageno' id='Page_337'>337</span>man was frightened at the nature of the mission he had
+undertaken, and declined to go through with it, preferring
+to try once more whether he could not prevail on
+me to take him on board the <i>Tonnant</i>, where he might
+remain till the ship sailed for North America.</p>
+
+<p class='c001'>Had I been his confederate, it is not within the
+bounds of credibility that he would have come in
+the first instance to my house, and waited two hours
+for my return home, in place of carrying out the plot
+he had undertaken, or that I should have been occupied
+in perfecting my lamp invention for the use of the
+convoy of which I was in a few days to take charge,
+instead of being on <em>the only spot</em> where any advantage
+to be derived from the Stock Exchange hoax could be
+realised, had I been a participator in it. Such advantage
+must have been immediate, before the truth came
+out, and to have reaped it, had I been guilty, it was
+necessary that I should not lose a moment. It is still
+more improbable, that being aware of the hoax, I
+should not have speculated largely for the special risk
+of that day.</p>
+
+<p class='c001'>Neither, had I been his confederate, is it more probable
+that I should have declined to take him on
+board the <i>Tonnant</i>, when, by so doing, I could have
+effectually concealed him under another name, together
+with every trace of the plot, and could have either
+taken him with me, or have shipped him in safety to
+the Continent.</p>
+
+<p class='c001'>I will here repeat what has been previously stated,
+that before my affidavit the committee of the Stock
+Exchange was ignorant even of the name of <em>any</em> person,
+<span class='pageno' id='Page_338'>338</span>that my affidavit alone disclosed the necessary information.
+In other words, <em>I voluntarily gave the only information
+upon which the subsequent trial was based,
+and this disclosure was so complete as to leave the Stock
+Exchange nothing to do but to prosecute De Berenger</em>.</p>
+
+<p class='c001'>Let me ask the common-sense question, whether this
+was the act of a guilty person, who by concealing
+his knowledge could have effectually prevented all
+further investigation? Or, to put the question in
+another form—would it not have been the act
+of an insane person, if guilty, to have denounced
+another to his own conviction, when by holding his
+peace both would have been safe from detection?
+To have done such an uncalled-for act, would have
+been little in accordance with the <em>acumen</em> for which
+the public had for many years given me credit. In
+one respect, my affidavit might have been an error,
+but it was not the <em>error of a guilty man</em>; viz. in not
+deferring to the opinion of my legal advisers, who
+wished me to confine myself to the single fact that the
+pretended Du Bourg had been traced to my house, and
+that I suspected De Berenger to be the person.</p>
+
+<p class='c001'>My fault was, that being conscious—till too late—that
+nothing in the whole affair could in any way concern
+me—I was careless about my defence—had nothing
+to do with the brief beyond a few rough notes (see
+Appendix)—and never even read it after it was finally
+prepared for counsel. This was not the act of a guilty
+man. Yet, had I been guilty, I should have had every
+chance in my favour of acquittal; first, by concealing
+the fact that De Berenger was the stranger who
+<span class='pageno' id='Page_339'>339</span>came to my house on the 21st of February, in
+military uniform—and, without this voluntary information
+on my part, the case must have disappeared;
+secondly, had I really been guilty, my chance
+of acquittal would have been greater than if innocent—because
+the knowledge of facts which I must have
+possessed if guilty, and <em>could not have possessed</em> if
+innocent, would have enabled me to make an effectual
+defence in place of the aimless defence which was made.</p>
+
+<p class='c001'>If proof of my non-participation in the hoax were
+required, it existed, so far as the statement of such a
+person was credible, in the handwriting of De Berenger
+himself, immediately after my affidavit disclosing his
+name in furtherance of the purposes of justice; a proceeding
+on my part which might naturally be supposed
+to embitter him against me. So far from this being the
+case, an innate sense of justice on the part of De Berenger
+led him to admit even the truth of the declaration
+contained in the affidavit as regarded himself.</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“13, Green Street, April 27th, 1814.</span></div>
+
+<p class='c001'>“<span class='sc'>Sir</span>,—Having, I trust, given ample time and opportunity
+to those who have endeavoured to asperse my character to
+learn from your own mouth the circumstances which induced
+you to call upon me on the 21st of February last, I feel it
+now due to myself no longer to delay this my earnest request,
+that you will afford me that explanation.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I am, Sir, your obedient Servant,</div>
+ <div class='line in25'>(Signed) “<span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“Baron de Berenger.”</span></p>
+
+</div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>[De Berenger to Lord Cochrane:—]</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<p class='c032'><span class='small'>“King Street, Westminster, April 27th, 1814.</span></p>
+
+<p class='c001'>“<span class='sc'>My Lord</span>,—I have the honour of acknowledging the
+<span class='pageno' id='Page_340'>340</span>receipt of your Lordship’s favour, which has this moment
+been delivered.</p>
+
+<p class='c001'>“Rest assured, my Lord, that nothing could exceed the pain
+I felt when I perceived how cruelly, how unfairly my unfortunate
+visit of the 21st of February was interpreted
+(<em>which, with its object, is so correctly detailed in your affidavit</em>);
+but my agony is augmented, when I reflect that acts
+of generosity and goodness towards an unfortunate man have
+been, and continue to be, the accidental cause of much mortification
+to you: a fear of increasing the imaginary grounds
+of accusation caused me to refrain from addressing you.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have the honour, &#38;c.,</div>
+ <div class='line in16'>“<span class='sc'>Chas. Random de Berenger</span>.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<p class='c001'>The tone of this letter, which, without answering
+in express terms my query as to the object of his visit
+on the 21st of February, declares the truth of my
+affidavit as to the same, and also to what occurred
+during the short time he remained there.<a id='r96'></a><a href='#f96' class='c016'><sup>[96]</sup></a> This indisposed
+me for further communication with the writer,
+who, finding such to be the case, commenced a series
+of vituperative epistles, the object of which was evidently
+the extortion of money. The whole of these
+letters were transmitted by me to the public press,
+without reply or comment, and were so published at
+the time.</p>
+
+<p class='c001'>A no less important admission emanated from De
+Berenger. The press had by some means or other got
+hold of the fact that this man, whom I had denounced
+to the Stock Exchange, was <em>in communication with
+certain members of the Government for the purpose of
+implicating me</em>! The communication does not appear
+<span class='pageno' id='Page_341'>341</span>to have resulted in anything further than was known
+from my affidavit, and I have reason to know that
+from fear of the man’s character, the Government abstained
+from committing themselves with him.</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“King’s Bench, July 19th, 1814.</span></div>
+
+<p class='c001'>“Whereas several newspapers have asserted that I have
+written to Lord Sidmouth, whilst others state that I have
+addressed the committee of the Stock Exchange, &#38;c. disclosing
+particulars to prove Lord Cochrane’s guilt, I feel
+justified thus solemnly, publicly, and positively to declare,
+That, <em>since my confinement here</em>, I have neither written, or
+otherwise applied, directly or indirectly, to any of the offices
+of Government for the purpose of disclosure. That I have
+not written to any one on the subject of the 21st of February
+last, <em>since the 11th instant</em> (July), excepting one private
+letter to Lord Cochrane. That the assertions in the newspapers
+are totally false, &#38;c. &#38;c.</p>
+
+<div class='c020'>“<span class='sc'>Charles Random de Berenger.</span>”</div>
+
+</div>
+
+<p class='c001'>The plain inference is, that De Berenger did so <em>before
+the trial</em>, and whilst he was writing to me that the contents
+of my affidavit, as regarded himself, contained
+the exact truth. That he had such communication
+with both Government and Stock Exchange, before
+the trial, is beyond doubt, and part of the reasons
+which warrant my assertion, that a higher authority
+than the Stock Exchange was at the bottom of
+my prosecution. Deeply degraded as was the man,
+he affords the strongest <em>presumptive</em> evidence of my
+non-participation in the hoax. In the next chapter I
+trust to adduce such <em>positive</em> evidence as shall place
+the matter beyond doubt.</p>
+
+<p class='c001'>I do not blame the Judge for not taking these matters
+into account, for, confident in my entire innocence, I
+<span class='pageno' id='Page_342'>342</span>could not see their importance or bearing, and did not
+even communicate them to my solicitor till too late.</p>
+
+<p class='c001'>Bitter after-knowledge has however convinced me
+of the error of carelessness—even from a consciousness
+of innocence—when once entangled in the meshes of
+law—a word by no means synonymous with justice.</p>
+
+<p class='c001'>Of the subject of the prosecution itself, I will
+here say one word. It was that of one set of stock-jobbers
+and their confederates trying—by means of
+false intelligence—to raise the price of “<em>time bargains</em>”
+at the expense of another set of stock-jobbers, the
+losers being naturally indignant at the successful hoax.
+The wrong was not then, and still is not, on the statute-book.
+Such a case had never been tried before, nor
+has it since—and was termed a “conspiracy;” or
+rather, by charging the several defendants—of most of
+whom I had never before heard—in one indictment, it
+was brought under the designation of a “conspiracy.”
+The “conspiracy”—such as it was—was nevertheless
+one, which, as competent persons inform me, has been
+the practice in all countries ever since stock-jobbing
+began, and is in the present day constantly practised,
+but I have never heard mention of the energy of the
+Stock Exchange even to detect the practice.</p>
+
+<p class='c001'>I do not make these remarks to palliate deception,
+even at the expense of Stock Exchange speculators.
+My object is, that the present generation, knowing that
+in my early life I was imprisoned and fined 1000<i>l.</i> for
+an alleged offence against the Stock Exchange fraternity,
+may understand the exact character of the accusation.
+It is clear that the influence and vindictiveness
+<span class='pageno' id='Page_343'>343</span>with which this most unjustifiable prosecution was
+carried out as against me, arose from motives far deeper
+than the vindication of stock-jobbing purity, viz. from
+a desire in more influential quarters to silence, if
+possible, an obnoxious political adversary; the visit of
+De Berenger to my house, as disclosed by myself, and
+his acquaintance with my uncle as before stated,
+affording a basis for the accomplishment of this object.</p>
+
+<p class='c001'>Happily, Providence has implanted in the breast of
+man an amount of moral and physical energy proportioned
+to the wrongs and inflictions he may be
+called upon to bear, and, even in my eighty-fifth year,
+I am still left sound in mind, and with a heart unbroken,
+to tell my own story.</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_344'>344</span>
+ <h2 class='c006'>CHAP. XXXIX.</h2>
+</div>
+
+<p class='c014'>ADMIRALTY INFLUENCE AGAINST ME.—APPOINTMENT OF MR. LAVIE AS
+PROSECUTOR.—THE TRIAL.—CRANE, THE HACKNEY COACHMAN.—INDECISION
+OF HIS EVIDENCE.—LORD ELLENBOROUGH’S CHARGE, AND
+UNJUSTIFIABLE ASSUMPTIONS.—REPORT OF THE TRIAL FALSIFIED;
+OR, RATHER, MADE UP FOR THE OCCASION.—EVIDENCE, HOW GOT
+<a id='corr344.7'></a><span class='htmlonly'><ins class='correction' title='UP'>UP.</ins></span><span class='epubonly'><a href='#c_344.7'><ins class='correction' title='UP'>UP.</ins></a></span>—PROVED TO BE POSITIVE PERJURY.—THIS CONFIRMED BY SUBSEQUENT
+AFFIDAVITS OF RESPECTABLE TRADESMEN.—ANOTHER CHARGE
+IN STORE FOR ME, HAD NOT THIS SUCCEEDED.—THE CHIEF WITNESS’S
+CONVICTION.—HIS SUBSEQUENT TRANSPORTATION AND LIBERATION.—AFFIDAVITS
+OF MY SERVANTS, THOMAS DEWMAN, MARY TURPIN, AND
+SARAH BUST.—MY SECOND AFFIDAVIT.—APPEAL FROM MY CONVICTION
+REFUSED.—EXPULSION FROM THE HOUSE.—MINORITY IN MY
+FAVOUR.</p>
+
+<p class='c022'>Had I been aware of a very curious coincidence connected
+with the trial which followed, my confidence,
+arising from consciousness of innocence, would have
+vanished in an instant; so that instead of indifference
+about the result, I should have seen the necessity of
+meeting every accusation with the most deliberate
+caution, supporting the same by every attainable evidence,
+in place of no evidence at all.</p>
+
+<p class='c001'>The fact alluded to is this—that the same Mr. Lavie
+who had displayed so much tact on Lord Gambier’s
+court-martial <em>was selected as solicitor to the prosecution
+in the present case</em>, to the exclusion of the appointed
+solicitor to the Committee of the Stock Exchange!
+The fact was significant, as affording additional suspicion
+<span class='pageno' id='Page_345'>345</span>that an influence other and higher than that of
+the Committee was at work.</p>
+
+<p class='c001'>As in various publications connected with Lord
+Gambier’s trial I had spoken very freely of Mr. Lavie as
+regarded the fabricated charts, exposed at the commencement
+of this volume, there could be no doubt of
+his not unreasonable personal animosity towards myself.
+But when, <em>after the trial</em>, I became for the first time
+aware that he had been employed to conduct it, the
+enigma was solved as to how I, from having voluntarily
+given the only information upon which the case could
+have originated at all, came to be mixed up in one
+common accusation with a number of persons, of most
+of whose very names I had never before heard.</p>
+
+<p class='c001'>More than this, it then became but too apparent that
+from the selection of Mr. Lavie as prosecuting attorney,
+I was not so much the subject of a Stock Exchange
+prosecution as of the political vindictiveness of which
+I have spoken, and which had gone out of the usual
+course to secure his services. That there was collusion
+between a high official at the Admiralty and the Committee
+of the Stock Exchange on this point, I do not
+hesitate for one moment to assert; nor do I think, from
+previous revelations in this work, that many of my
+readers will be inclined to differ with me.</p>
+
+<p class='c001'>I will not, however, dwell upon this matter. Whoever
+selected Mr. Lavie had a perfect right so to do, as
+Mr. Lavie had to accept the conduct of the case; the
+result of which is attributable to my being so satisfied
+of my own innocence as to decide that an accusation
+which so little concerned me ought not to take
+<span class='pageno' id='Page_346'>346</span>me from the more important duties in which I was employed.
+Had I been aware at the time of Mr. Lavie’s
+appointment, I should have known its meaning, and
+prepared accordingly.</p>
+
+<p class='c001'>The principal circumstance which was held to have
+implicated me in the hoax practised on the Stock
+Exchange was this:—That (as gathered from my own
+voluntary information) De Berenger came to my house
+on the 21st February; but that instead of being dressed
+in a green uniform, as set forth in my affidavit, he was
+in scarlet uniform, that being the alleged costume in
+which he had disseminated the false intelligence at
+Dover. If this point could be proved, it was inferred
+that I must have had a motive in wrongly describing
+the uniform in my affidavit, and that motive could be
+none other than my own knowledge of the hoax which
+had been perpetrated. How this inference was arrived
+at will appear in the sequel.</p>
+
+<p class='c001'>The main question relied on by the prosecution
+related to the colour of De Berenger’s coat, whether
+<em>scarlet</em> or <em>green</em>: the point held by the Court being, that
+if <em>scarlet</em>, I must have made a false declaration in my
+affidavit as to its colour, and therefore must have at
+least known how De Berenger had been engaged.
+A <span lang="la"><i>non sequitur</i></span> truly, but nevertheless the one relied on
+for my conviction as one of the conspirators.</p>
+
+<p class='c001'>The evidence was this—that when De Berenger
+arrived from Dover at the Marsh Gate, Lambeth, he
+exchanged the post-chaise in which he had been travelling
+for a hackney coach, in which he drove to my
+house,—which was true enough. The waterman on the
+<span class='pageno' id='Page_347'>347</span>stand was called as the first link in the chain; but as he
+said “he did not see that he could recollect De Berenger,
+having only seen him for half a minute,” (<cite>Report</cite>,
+p. 120,) this evidence is not worth commenting on,
+unless to remark that, failing to recognise De Berenger
+in court, the extraordinary course was taken of pointing
+him out, and then asking the witness if “he <em>thought</em>
+he <em>was like</em> the man who got into the coach?” The
+reply was “he <em>thought</em> he was, but he only saw him for
+half a minute.”—(<i>Ibid.</i>)</p>
+
+<p class='c001'>The next witness brought forward was a man named
+Crane—the hackney coachman who drove De Berenger.
+In his examination, Crane did not say a word
+about the colour of De Berenger’s coat, but in his
+cross-examination swore that he had on a “red coat
+underneath his great coat” (<cite>Report</cite>, p. 124). At the
+same time he stated that De Berenger had with him
+“<em>a portmanteau big enough to wrap a coat in</em>.” Other
+witnesses proved that he had drawn down the sun
+blinds in the vehicle, so that he had abundant opportunity
+to exchange his red coat in which he appeared
+at Dover, for the green sharpshooter’s uniform, and
+this no doubt he had done. The person of whom the
+red uniform had been purchased also deposed, that he
+had carried it away from his shop in a portmanteau, so
+that there was no doubt of the capacity of the latter to
+contain the coat. In short, he left London in the uniform
+of the rifles, and put on the scarlet uniform at Dover,
+to assume the pretended rank of a staff officer. On
+his return to London he in like manner, no doubt,
+changed his uniform by the way.</p>
+
+<p class='c001'><span class='pageno' id='Page_348'>348</span>It has been shown that the waterman who opened
+the coach-door for De Berenger refused to identify
+him, but swore that the person alluded to had a red
+coat beneath his military coat. It is also remarkable
+that the hackney coachman, Crane, could not be got to
+identify him, though, like the waterman, he swore to
+the red coat. The subjoined is Crane’s evidence on the
+subject:—</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Mr. Adolphus.</span>—“Have you seen that person since that
+you drove that morning?”</p>
+
+<p class='c001'><span class='sc'>Crane.</span>—“Yes; I saw him in King Street, Westminster.”
+(At the messenger’s house, where Crane was taken by Mr.
+Lavie for the purpose of being identified by this witness.)</p>
+
+<p class='c001'><span class='sc'>Mr. Adolphus.</span>—“Do you see him in court?”</p>
+
+<p class='c001'><span class='sc'>Crane.</span>—“I <em>think</em> this is the gentleman here.”</p>
+
+<p class='c001'><span class='sc'>Mr. Adolphus.</span>—“Were you of the same opinion when you
+saw him in King Street?”</p>
+
+<p class='c001'><span class='sc'>Crane.</span>—“When I came down stairs he looked very hard
+at me.”</p>
+
+<p class='c001'><span class='sc'>Mr. Adolphus.</span>—“Did you know him then?”</p>
+
+<p class='c001'><span class='sc'>Crane.</span>—“Yes: it was <em>something of the same appearance</em>,
+but he had altered himself very much by his dress.”</p>
+
+<p class='c001'><span class='sc'>Mr. Richardson.</span>—“He was pointed out there as being the
+person in custody?”</p>
+
+<p class='c001'><span class='sc'>Crane.</span>—“No: I walked down stairs, and met the gentleman
+coming up stairs.”</p>
+
+<p class='c001'><span class='sc'>Mr. Richardson.</span>—“You thought you saw a resemblance?”</p>
+
+<p class='c001'><span class='sc'>Crane.</span>—“Yes, I thought he was <em>something like</em> the same
+gentleman that I had carried.”</p>
+
+<p class='c001'><span class='sc'>Mr. Richardson.</span>—“You do not pretend to recollect every
+person you carry in your hackney coach every day?”</p>
+
+<p class='c001'><span class='sc'>Crane.</span>—“<em>No</em>, but this gentleman that I took from a post
+chaise and four: when he got out at Green Street, I saw
+that he had a red coat underneath his great coat.”</p>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_349'>349</span>Thus, neither the waterman nor the hackney coachman
+would swear to <em>the man</em>, but to a red coat only.
+I have no hesitation in saying, that in a court of justice
+in the present day no weight whatever would have
+been attached to such evidence. I will, however, assume
+that the evidence was such as to carry weight,
+and that it was in every respect unexceptionable, because
+I shall shortly come to the reason why they swore
+to the coat, but not to the man who wore it.</p>
+
+<p class='c001'>The case against me then stood thus. <em>One</em> witness
+(the waterman), but no more, swore to the under coat
+of a person whom he had seen step from one vehicle
+into another; and <em>one</em> witness, but no more (the
+hackney coachman) swore to the person whom he
+brought to my house, as having on a red coat beneath
+his military coat, but would not swear positively to the
+wearer. It was, however, to support this extraordinary
+evidence that my voluntary declaration in my affidavit,
+of lending De Berenger an old hat and coat, because
+he alleged that he could not return to his lodgings in
+the King’s Bench in uniform, without exciting suspicion
+of his absence from the rules, and thus endangering
+his securities—was charged against me as involving
+confederacy.</p>
+
+<p class='c001'>On the evidence here adduced—and there was not
+a tittle beyond it, on the subject of the coat—the
+point was held by Lord Ellenborough to be established
+that De Berenger stripped off the red coat in my
+house! and as it was afterwards found in the river, his
+lordship charged the jury in a way which bore the
+construction of my having been also a participator in
+<span class='pageno' id='Page_350'>350</span><em>that act</em>, though there was not a particle of evidence
+on the trial which could give even the shadow of
+such a conclusion, nor was there even a pretence on
+the part of the prosecution that such was the case.
+His Lordship’s address to the jury on this head is
+amongst the most remarkable that ever fell from the
+lips of an English judge.</p>
+
+<div class='quote'>
+
+<p class='c001'>“Now, gentlemen, he (<i>De Berenger</i>) is brought to the
+house of Lord Cochrane; <em>further evidence afterwards arises
+upon the subject of his being there</em>. We will at present
+follow the dress to its conclusion. George Odell, a fisherman,
+says, ‘In the month of March, just above Old Swan
+Stairs, off against the Iron Wharfs, when I was dredging for
+coals, I picked up a bundle which was tied with either a
+piece of chimney line or window line in the cover of a chair
+bottom; there were two slips of a coat, embroidery, a star,
+and a piece of silver, with two figures upon it; it had been
+sunk with three pieces of lead and some bits of coal; I gave
+that which I found to Mr. Wade, the Secretary of the Stock
+Exchange; it was picked up on the Wednesday, and carried
+there on the Saturday. I picked this up on the 24th of
+March.’ <em>You have before had the animal hunted home,
+and now you have his skin</em>, found and produced as it was
+taken out of the river, cut to pieces; the sinking it could
+have been with no other view than that of suppressing <em>this
+piece of evidence</em>, and preventing the discovery which it
+might otherwise occasion; this makes it the more material to
+attend <em>to the stripping off the clothes which took place in
+Lord Cochrane’s house</em>.”—(<cite>Report</cite>, p. 478.)</p>
+
+</div>
+
+<p class='c001'>That this unwarrantable assumption, based on no
+evidence whatever, of De Berenger’s stripping off his
+clothes at my house, could have anything to do with
+a coat found in the river, was positively absurd, and
+was not supported by a particle of evidence. Besides
+<span class='pageno' id='Page_351'>351</span>which, I had some reputation for shrewdness, and
+should not have been likely to tie up the coat “in an
+old chair cover, with three pieces of lead and some
+lumps of coal!” when the winter’s fire in my grate
+would in five minutes have destroyed the coat and its
+evidence together, had it been “stripped off” in my
+house, or had I been a party to its destruction. The
+position in which the coat was found, showed where
+it came from, viz. from the Southwark side of the
+river, where De Berenger’s lodgings were.</p>
+
+<p class='c001'>The Judge thus proceeded:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“De Berenger must have had that dress with him, whatever
+it was in which he had come in the coach, and <em>it does
+not appear that he had any means of shifting himself</em>. If
+he had on an aide-de-camp’s uniform with a star, and so presented
+himself to Lord C., how could Lord C. reconcile it to
+the duties he owed to society, to government, and to his
+character as a gentleman, to give him the means of exchanging
+it? It must be put on for some dishonest purpose.</p>
+
+<p class='c001'>“It is for you, gentlemen, to say whether it is possible he
+should not know that a man coming so disguised and so
+habited,—<em>if he appeared before him so habited</em>,—came
+upon some dishonest errand, and whether it is to be conceived
+a person should so present himself to a person who
+did not know what that dishonest errand was, and that it
+was the very dishonest errand upon which he had so recently
+been engaged, and which he is found to be executing in the
+spreading of false intelligence for the purpose of elevating
+the funds. If he actually appeared to Lord Cochrane stripped
+of his coat, and with that red coat and aide-de-camp’s uniform,
+star and order, which have been represented to you, he
+appeared before him rather in the habit of a mountebank
+than in his proper uniform of a sharpshooter. This seems
+wholly inconsistent with the conduct of an innocent and
+honest man; for if he appeared in such an habit, he must
+<span class='pageno' id='Page_352'>352</span>have appeared to any rational person fully blazoned in the
+costume of that or some other crime.” (<cite>Report</cite>, pp. 484,
+485, 486.)</p>
+
+</div>
+
+<p class='c001'>The preceding quotations from his Lordship’s address
+to the jury are taken from the “<em>revised</em>” report of the
+trial. They will appear still more extraordinary as
+quoted from the report of the <cite>Times</cite> newspaper, taken
+<span lang="la"><i>verbatim</i></span> at the time. Of this no one acquainted even
+with ordinary newspaper reports will doubt the accuracy,
+and after having perused it, there will be as little doubt
+but that the “<em>revised</em>” report was subsequently altered
+from what really occurred in Court.</p>
+
+<p class='c001'>The subjoined is the <cite>Times</cite> report of the Judge’s
+speech:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“<em>Having hunted down the game</em>, the prosecutors showed
+<em>what became of his skin</em>, and it was a very material fact that
+the defendant De Berenger <em>stripped himself at Lord Cochrane’s</em>.
+<span class='sc'>He pulled his scarlet uniform off there</span>, and
+if the circumstance of its not being green did not excite
+Lord Cochrane’s suspicion, what did he think of the star and
+medal? It became him on discovering these, as an officer
+and a gentleman, to communicate his suspicions of these
+circumstances. Did he not ask De Berenger where he had
+been in this masquerade dress? It was for the jury to say
+whether Lord Cochrane did not know where he had been.
+This was not the dress of a sharpshooter, but of a mountebank.
+<span class='sc'>He came before Lord Cochrane fully blazoned in
+the costume of his crime!!</span>”</p>
+
+</div>
+
+<p class='c001'>The reader will not fail to perceive that in the
+<cite>Times</cite> verbatim report, which is no doubt correct, the
+Court in every sentence affirms my <em>positive guilt</em>. In the
+“<em>revised</em>” report, his Lordship is made to go throughout
+on the hypothetical “if,” whilst in the revised report
+<span class='pageno' id='Page_353'>353</span>of the trial,—which revised report, I affirm, was made
+up for the occasion,—I am represented to have been
+treated with all proper fairness! Every evil which followed
+afterwards was inflicted on the strength of this
+revised report, and not on the actual transactions at the
+trial, as reported in the daily papers.</p>
+
+<p class='c001'>This “revised” report was, indeed, a very serious
+matter for me. From the reports in the daily papers,
+which were unquestionably accurate, the public mind was
+in a state of great ferment at the unfairness of the trial
+as regarded myself, and therefore the prosecution got up
+the “revised” report. On its appearance, the Attorney-General
+said in the House of Commons (July 20th)
+“He was glad the period had arrived when the trial
+could be read at length, and thus <em>do away the effect of
+those imperfect statements</em> (the reports of the daily
+papers) which <em>misled the public mind</em>.” The Solicitor-General,
+on the same date, went farther, and accused
+me of having in my defence <em>misrepresented and misquoted
+the Judge</em>, because I had quoted the reports of
+the daily papers, not having in fact any other to quote.
+On the testimony of that “revised” report further investigation
+was declined by the Admiralty, and I was
+dismissed from the naval service.</p>
+
+<p class='c001'>On the strength of Crane’s evidence, the Court had
+held that “<em>De Berenger appeared before me blazoned in
+the costume of his crime—that he pulled off his scarlet
+uniform in my presence—and that, if the circumstance
+of its not being green did not excite my suspicion,
+what did I think of the star and medal?</em>” It is
+certain, that, even in the “revised” report of the trial,
+<span class='pageno' id='Page_354'>354</span>these unqualified assertions, which, put as they were to
+the jury, were sufficient for my conviction, <em>are not
+supported by one particle of evidence</em>!!</p>
+
+<p class='c001'>But more has yet to be said of Crane’s evidence,
+which led to these expressions on the part of the Judge.
+It will admit of little doubt that a man who would
+swear to the colour of a coat, and would not swear
+positively (by the “revised” report) to the identity
+of the person who wore it, must have had cogent
+reasons for a course so extraordinary.</p>
+
+<p class='c001'>I will now adduce those reasons:—</p>
+
+<p class='c001'>It has been stated, that, conscious of my innocence,
+I took no personal steps for my defence, beyond forwarding
+a general statement of a few lines to my solicitors
+(see Appendix), that I never even read the
+completed brief which they drew up for the guidance
+of my counsel, nor was I present in court to suggest
+questions in cross-examination. After my conviction,
+however, it became necessary to seek additional evidence
+to support an appeal from the conviction, or an
+application for a new trial as against myself.</p>
+
+<p class='c001'>Lord Ellenborough refused the application, <em>because
+all the persons tried were not present to concur in it</em>,
+though the law gave me no power to compel their
+attendance. The evidence on which it was grounded,
+however, is none the less conclusive because Lord
+Ellenborough and his colleagues declined to receive it,
+or even <em>to hear it!!</em> but in place of so doing, at once
+delivered their outrageous sentence against me.</p>
+
+<p class='c001'>This appeal was grounded on the evidence of several
+respectable tradesmen, residing in the neighbourhood
+<span class='pageno' id='Page_355'>355</span>of Crane, the hackney coachman, they voluntarily and
+unsolicited by me, but as an act of public justice, going
+before the Lord Mayor, and making the affidavits
+from which the subjoined extracts are taken. Not
+one of these tradesmen was even known to me or my
+solicitors:—</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>James Miller</span>, butcher, of Marsh Gate, Lambeth, made
+affidavit that he saw De Berenger “get out of the chaise into a
+hackney coach—that he was <em>dressed in green</em>, with a grey great
+coat, and that <em>there was no red on any part of his dress</em>.”</p>
+
+<p class='c001'><span class='sc'>Joseph Raiment</span>, fishmonger, Westminster Bridge Road,
+made affidavit that he saw De Berenger “get out of the
+chaise into the hackney coach—that his great coat was partly
+open, and that <em>the under dress was dark green, like that of
+the sharpshooters</em>.”</p>
+
+<p class='c001'><span class='sc'>Charles King</span>, stable-keeper, Westminster Bridge Road,
+made affidavit that he met William Crane accidentally, and
+asked him what he had been doing with Sayer?<a id='r97'></a><a href='#f97' class='c016'><sup>[97]</sup></a> He answered,
+that “he had been to see De Berenger, in order to identify
+him, but <em>he could not swear to him, as many faces were
+alike</em>.” But he said, using a protestation in the most
+horrible language, too gross to repeat—“he would have a
+hackney coach <em>out of them</em>,” meaning, as deponent believed,
+the prosecutors. During this conversation, a person passed
+dressed in a grey great coat, which Crane said was just like
+De Berenger’s, and that he (Crane) did not see De Berenger’s
+under-dress, <em>as his coat was closely buttoned up</em>.</p>
+
+<p class='c001'>“Deponent further saith, that after the trial he saw Crane’s
+father, who told him that ‘he was <em>going after the money</em>’
+(meaning the reward), adding that ‘<em>his son was considered a
+first-rate witness!</em>’ On this deponent asked Crane the elder
+‘how he could consider his son in that light, as he knew very
+well that had he (deponent) been examined, he must have
+<span class='pageno' id='Page_356'>356</span><em>beat him out of Court</em>.’ To this Crane’s father replied, ‘that
+if he had appeared, there was the place where the clothes were
+bought, and the post-boy.’ On deponent being severe in his
+remarks, the father said, ‘I don’t know what they did with
+the boy, <em>they had him two days locked up in the police
+officer’s house, that he might not be tampered with</em>.’<a id='r98'></a><a href='#f98' class='c016'><sup>[98]</sup></a> Deponent
+asked him if there had been any advances by the
+opposite party. He said, ‘None.’</p>
+
+<p class='c001'>“Deponent further saith, that he has seen William Crane
+since the trial, and on deponent accusing him of going too
+far with his evidence, he said, ‘<em>he would swear black was
+white, or anything else, if he was paid for it</em>!’</p>
+
+<p class='c001'>“Deponent further saith, that before the trial, the said
+William Crane’s coach and horses <em>were of a most miserable
+description, but that since the trial he has purchased a
+hackney coach and horses of the best description</em>!</p>
+
+<p class='c001'>“Deponent further saith, that the said William Crane’s
+general character <em>is most infamous</em>, and his mode of expressing
+himself <em>so obscene and blasphemous</em> as to preclude
+deponent from stating the exact words made use of by the
+said William Crane. This deponent further saith, that Mr.
+Keir, and the groom of Colonel Taylor, were present when
+Crane said that ‘<em>he would swear black was white, or anything
+else, if he was well paid for it</em>.’”</p>
+
+<p class='c001'><span class='sc'>Richard Baldwin</span>, servant to Mr. Keir, made affidavit
+“that, on the 2nd of July, he was present at a conversation
+between Charles King and William Crane, when he heard
+Crane, in reply to King, who had accused him of having gone
+too far in his evidence, say that ‘<em>he would be damned if he
+would not swear black was white, or anything else, if any
+one would pay him for it</em>.’”</p>
+
+<p class='c001'><span class='sc'>Thomas Critchfield</span>, Westminster Bridge Road, coach-maker,
+made affidavit “that he knew William Crane, and
+that he heard him say, previously to the said trial, when
+<span class='pageno' id='Page_357'>357</span>speaking of his father, that ‘<em>he did not care a damn for his
+father</em>, that he was twenty-one years of age, <em>and should soon
+have more money than ever his father had</em>.’</p>
+
+<p class='c001'>“Deponent further said that <em>since</em> the trial the said
+William Crane has been enabled <em>to purchase a very good
+hackney coach, with horses and harness</em>, though <em>previous</em> to
+the trial his coach and horses were of the most miserable
+description. Deponent lastly saith, that the said William
+Crane <em>is a man of the most infamous character, and this
+deponent positively declares that he would not believe him
+on his oath</em>.”</p>
+
+<p class='c001'><span class='sc'>James Yeowell</span>, of Silver Street, Falcon Square, ticket
+porter, made affidavit “that <em>a few days after the 21st of
+February</em>, William Crane told him that the person whom he
+took from a post-chaise and four at the Marsh Gate, was <span class='sc'>no
+other than Lord Cochrane himself!</span> that he knew Lord
+Cochrane as well as he knew him (deponent). That he <em>had
+driven Lord Cochrane from the Opera House, and other
+places of amusement twenty times</em>, and described Lord
+Cochrane as a tall man, with a long face and red whiskers.</p>
+
+<p class='c001'>“Deponent further saith, that after the trial he (deponent)
+accused the said William Crane <em>of perjury</em>, in having sworn
+to De Berenger as the man taken up by him at the Marsh
+Gate, whereas he had <em>previously declared</em> before the Stock
+Exchange Committee that <span class='sc'>Lord Cochrane was the person</span>!
+Whereupon Crane refused to converse with him further on
+the subject.</p>
+
+<p class='c001'>“This deponent further saith, that having on the same day
+again met William Crane, he inquired if he had received the
+reward offered by the Stock Exchange Committee, when he,
+the said William Crane, admitted that <em>he had received a part,
+and expected more</em>.”</p>
+
+<p class='c001'><span class='sc'>James Lovemore</span>, of Clement’s Lane, made affidavit “that
+he heard the said James Yeowell interrogate William Crane
+as to the person of Lord Cochrane, and that Crane said he
+knew Lord Cochrane as well as he did him (Yeowell), and
+that he had driven Lord Cochrane from the Opera House
+<span class='pageno' id='Page_358'>358</span>and other places of amusement, <em>twenty times</em>, and Crane
+further declared that <em>it was Lord Cochrane</em> whom he drove
+from the post-chaise and four at the Marsh Gate, Lambeth,
+and described his Lordship as a tall man with a long face and
+red whiskers.”</p>
+
+</div>
+
+<p class='c001'>Such was a portion only of the facts which I was
+prepared with in my appeal to Lord Ellenborough and
+his colleagues. But, as before said, the same judge refused
+to listen to the appeal, not on the ground of my
+having no evidence to rebut the perjury of Crane, but
+because <em>all the persons convicted were not present in
+Court to join in the appeal</em>. It was the rule of Court,
+which I had no power to alter, though, as has been
+seen in a recent chapter, Lord Campbell, in his “Lives
+of the Chief Justices,” states, that such a case had
+<em>only been ruled once, and that in this case it ought to
+have been overruled</em>.</p>
+
+<p class='c001'>In the two affidavits last adduced there is abundant
+proof that if the resource of the <em>red coat</em> had not been
+adopted, Crane was prepared to swear that <em>it was I
+whom he had driven from the Marsh Gate to my own
+house</em>! the conclusion being that I was the pretended
+De Berenger. Crane evidently knew my personal
+appearance, as did most persons in London, and said,
+further, that he knew me from having driven me <em>twenty
+times to the Opera</em>; the fact being that I was never at
+the Opera but twice in my life, and once in the vestibule,
+when I was refused admittance from not being
+in full evening dress, the deficiency consisting in wearing
+white pantaloons on a very hot day.</p>
+
+<p class='c001'>It should be remembered, that Crane stated this
+<span class='pageno' id='Page_359'>359</span>before the Committee of the Stock Exchange <em>soon
+after the 21st of February</em>, i. e., <em>before</em> I had given
+the clue to De Berenger in my affidavit as the person
+who visited my house on the morning of that day.
+<em>After</em> I had thus disclosed the name of De Berenger,
+the project of proving by the perjury of Crane that <em>I
+was the pretended Du Bourg</em>, was given up by the
+prosecution,—from the dissimilarity of his personal appearance
+to mine; and then—<em>but not till then</em>—was
+the equally atrocious perjury of the <em>red coat</em> resorted to.</p>
+
+<p class='c001'>Upon the evidence of such a man as Crane was I
+convicted, and refused an appeal from the conviction,
+or a new trial because the defendants to the indictment
+were not all in Court!! It was “<em>a rule of Court</em>,”
+which, as Lord Campbell says, ought to have been in
+my case overruled, but Lord Ellenborough refused to
+hear a word of the abundant evidence <em>then in my
+hand</em> and available for my exculpation. Crane’s evidence
+that De Berenger had on a red coat, was relied
+on, but the far more reliable evidence that the coat was
+“<em>green</em>,” as I had stated, was repudiated. Crane had
+boasted that “<em>he would swear black was white, if well
+paid for it</em>”—and I held in my hand the most reliable
+evidence that from the money he had been paid for
+his perjury, he had bought “<em>a new coach, horses, and
+harness</em>.” None of these circumstances were allowed
+to be received in Court, or even listened to, because
+all the persons included in the indictment were not
+present, though, as Lord Campbell has well said, the
+rule of Court in my case ought, under the peculiar circumstances,
+to have been overruled.</p>
+
+<p class='c001'><span class='pageno' id='Page_360'>360</span>A few more particulars relative to this <em>convict</em>, Crane,—for
+such was his subsequent fate,—are necessary to
+enable the reader to judge of my prosecution and those
+who selected this man as their chief witness.</p>
+
+<p class='c001'>Not long after the trial, the solicitor of Mr. Cochrane
+Johnstone wrote me to the following effect relative
+to a discovery made when too late as to Crane’s
+character:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“This fellow has lately been prosecuted by Mr. Dawson,
+before the Commissioners of the Hackney Coach Office, for
+brutality and general misconduct. This offence was so flagrant
+that the <em>severest punishment</em> was inflicted, and at
+present he is under a long suspension. He is a worthless
+rascal, and if Mr. D. can do your Lordship any service, you
+have only to command it.”</p>
+
+</div>
+
+<p class='c001'>Enclosed in the above communication was the following
+extract from the <cite>Times</cite> newspaper of May 25th,
+1814:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“On Friday last, William Crane, driver of the hackney
+coach No. 782, was summoned before the Commissioners on
+a charge of cruelty to his horses, and for abuse to a gentleman
+who noticed his conduct. The circumstances detailed
+were so shocking as to induce the Commissioners to observe
+that they never <em>heard a more atrocious case</em>. They would
+have inflicted a pecuniary penalty, but as it must necessarily
+be paid by his father, they ordered him instead to be suspended
+from driving any hackney coach for three months.”</p>
+
+</div>
+
+<p class='c001'>The trial, which resulted in my conviction, <em>on this
+very man’s evidence</em>, took place on the 8th of June,
+1814, <em>only a fortnight after his conviction of the atrocity
+just quoted</em>! so that at the moment of giving his evidence
+<span class='pageno' id='Page_361'>361</span>this man was himself under punishment for an
+offence pronounced by the Commissioners to be “<em>so
+shocking that they never heard of a more atrocious
+case</em>”!!! Had this information been available at the
+trial, the jury would have paid but small attention to
+Crane’s evidence.</p>
+
+<p class='c001'>Crane was convicted of stealing twenty sovereigns
+and other property under circumstances no less atrocious.
+He was sentenced to transportation for seven
+years, but at the expiration of three years <em>received a
+free pardon from the Government on his own petition</em>.</p>
+
+<p class='c001'>The subjoined certificate from the officials of Newgate,
+however, place his conviction and premature
+pardon by the Secretary of State in 1830 beyond
+doubt:—</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Office, Newgate, 23rd October, 1830.</span></div>
+
+<p class='c001'>“I do hereby certify that William Crane (aged 33) was
+committed to this gaol on the 17th of February, 1826, by
+J.C. Conant, Esq., for ‘stealing a box, a pair of scissors, and
+twenty sovereigns, the property and moneys of William Bucknall;’
+tried before Mr. Sergeant Arabin on the 20th of
+February, convicted and sentenced to transportation for seven
+years, and that he was removed on the 23rd of March following,
+on board the <i>Justitia</i> hulk at Woolwich.”</p>
+
+<p class='c001'>Endorsement at the back of this certificate:—</p>
+
+<p class='c001'>“William Crane has been discharged from the hulks <em>on
+petition to the Secretary of State</em>, and is now again driving
+the coach No. 781, belonging to his father! Crane’s discharge
+took place Thursday before last.</p>
+
+<p class='c001'><span class='small'>“13th November, 1830.”</span></p>
+<p class='c033'><span class='small'>(No signature, but evidently a police memorandum.)</span></p>
+
+</div>
+
+<p class='c001'>These facts will be sufficient to convince the reader
+<span class='pageno' id='Page_362'>362</span>of my innocence as regarded the evidence of Crane,
+the hackney coachman. Yet his evidence was laid
+before the jury as of the highest reliable kind, whilst
+the very facts relative to his character, even to his
+being under conviction whilst giving his evidence, Lord
+Ellenborough and his colleagues refused to hear, because
+all the parties convicted were not present in
+Court. It is scarcely possible to imagine greater injustice
+and folly, even in that day.</p>
+
+<p class='c001'>So little apparent danger was there of the possibility
+of my being declared implicated in this hoax, that even
+my solicitors had not taken the precaution of summoning
+my servants to give evidence as to the kind of dress
+worn by De Berenger; though during the period he
+remained in my house, previous to my arrival from
+the lamp-maker’s, where, on receiving his letter, I was
+busily engaged, and amidst the busy operations of packing
+my clothes, and other effects, to be sent on board
+the <i>Tonnant</i>, he had been seen by nearly all my servants,
+the selection of clothing being carried on in the
+very room in which he was waiting my return for
+nearly two hours.</p>
+
+<p class='c001'>On my appeal to the Court of King’s Bench, I provided
+myself with the following affidavits from such
+of my servants as had come in contact with De Berenger,
+whilst waiting at my house:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>Thomas Dewman</span>, servant to Lord Cochrane, maketh
+oath, and saith, that he, this deponent, has lived with
+branches of Lord Cochrane’s family for nearly twenty years;
+that he attended Lord Cochrane last year to take letters and
+go on errands, and that he has been in the habit of going
+<span class='pageno' id='Page_363'>363</span>to Mr. King’s manufactory almost every day; that this
+deponent was in Lord Cochrane’s house, in Green Street,
+Grosvenor Square, on the 21st day of February last, when
+an officer came in a hackney-coach, about ten o’clock in the
+morning; that this deponent opened the door and spoke to
+the officer in the coach, who asked if Lord Cochrane was at
+home; that this deponent replied he was not, upon which
+the officer asked the deponent, if he knew where Lord
+Cochrane was gone to, which deponent answered that he
+believed his Lordship was gone to breakfast with his uncle
+in Cumberland Street; that the officer then asked him if he
+could let him have a slip of paper and a pen and ink, which
+this deponent said he could; that this deponent then opened
+the coach door, and the officer came into the house, and went
+into the parlour, where this deponent gave him a small slip
+of paper, upon which he wrote a few lines by way of note,
+and desired this deponent to take the same to Lord Cochrane
+in Cumberland Street; that this deponent went immediately
+into Cumberland Street, but finding that Lord Cochrane
+was gone, he returned with the note to the officer in Green
+Street; that on his return the officer asked deponent if he
+knew where he could find him, that deponent then told the
+officer he had been ordered by Lord Cochrane to follow him
+to Mr. King’s manufactory with a glass globe, and thought it
+probable he might meet with his Lordship there, and if he
+did not, he would then go to the Admiralty, where he understood
+his Lordship was to go that day; that the officer then
+took back the note from this deponent, opened it, and wrote
+a line or two more, and then re-sealed it and gave it to deponent,
+requesting him to take it immediately to Mr. King’s
+manufactory, and that if he did not meet with Lord Cochrane
+there, he would take the note to the Admiralty, and if
+his Lordship had not been at the Admiralty, to leave it
+there; that on the officer’s requesting deponent to go to Mr.
+King’s manufactory, he told the deponent that his finding
+Lord Cochrane was of consequence, and therefore begged
+deponent to be as expeditious as he could, and, if necessary,
+<span class='pageno' id='Page_364'>364</span>to take a coach; that this deponent did not take a coach,
+but went instantly to Mr. King’s manufactory, where he met
+Lord Cochrane, and delivered him the note, which he opened
+in deponent’s presence; that upon opening the note, Lord
+Cochrane asked deponent several times if he knew who the
+gentleman was that had written it, and upon deponent’s informing
+him that he did not, Lord Cochrane made several
+inquiries as to his appearance and dress, observing that he
+could not make out the whole of the note, or who it came
+from; to this deponent answered, that he was an army officer;
+upon which Lord Cochrane having torn the note, threw it
+down, and then said, ‘Very well, Thomas, I’ll go back;’
+that from Lord Cochrane’s manner and appearance, and the
+questions he put to deponent, on his delivering the note, this
+deponent verily believes that his Lordship did not know from
+whom it came. And this deponent further saith, that when
+the officer came into Green Street, as above stated, he <em>was
+dressed in a great grey coat, such as the Guards wear, which
+was buttoned very close round the body up to the breast,
+and that such part of the under coat as he could see was of
+a dark-green</em> colour; that upon the officer’s coming out of the
+coach into Lord Cochrane’s house, he brought with him a
+sword, and a small leather clothes-bag or portmanteau, which
+deponent believes might have held a change of clothes.
+That this deponent further saith, that he was hired by his
+Lordship at Christmas last to go into the country, and relieve
+Richard Carter, his Lordship’s sea-steward; that this
+deponent left London about the 25th day of February, and
+Richard Carter, the sea-steward, then came to town, for the
+purpose of accompanying Lord Cochrane to his ship.</p>
+
+<div class='c020'>“<span class='sc'>Thomas Dewman.</span></div>
+
+<div class='lg-container-l'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“Sworn in Court, June 14th,</div>
+ <div class='line in2'>“1814. By the Court.”</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'>“<span class='sc'>Mary Turpin</span>, cook-maid to Lord Cochrane, maketh oath
+and saith, that she went into his Lordship’s service on the
+18th day of February last, and that she was in the house on
+<span class='pageno' id='Page_365'>365</span>the 21st day of February, when an officer came there, and
+that she was in the kitchen at the time the coach drove to
+the door; that she saw an officer alight from the coach and
+come into the house; that he arrived a little before nine
+o’clock; that this deponent went twice into the parlour
+while the officer was there, and doth most positively swear,
+<em>that he wore a great grey coat, buttoned up, with a dark-green
+collar or facing under it</em>. That the officer had with
+him a dark military cap with a gold band round it, and also
+a sword, and a small portmanteau.</p>
+
+<div class='c020'>“<span class='sc'>Mary Turpin.</span></div>
+
+<div class='lg-container-l'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“Sworn in Court, June 14th,</div>
+ <div class='line in2'>“1814. By the Court.”</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'>“<span class='sc'>Sarah Bust</span>, of No. 4, Great Marylebone Street, in the
+county of Middlesex, spinster, maketh oath and saith, that
+she lived a servant to Lord Cochrane for nearly twelve
+months, and that she quitted his service on the evening of
+the 21st of February last; that she well remembers an officer
+coming to his Lordship’s house in Green Street, on the
+morning of that day; that the officer sent the man-servant
+out; that the officer <em>had on a grey great coat, which was
+buttoned up to the breast</em>, and that the neck of his under
+coat or such part as she could see, was a <em>dark green</em>, and he
+had also with him a military cap.</p>
+
+<div class='c020'>“<span class='sc'>Sarah Bust.</span></div>
+
+<div class='lg-container-l'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“Sworn at my Chambers,</div>
+ <div class='line in2'>“June 13th, 1814. Before me,</div>
+ <div class='line in9'>“<span class='sc'>S. Le Blanc</span>.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<p class='c001'>To this I will append my second affidavit:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“Sir <span class='sc'>Thomas Cochrane</span>, commonly called Lord Cochrane,
+one of the above-named defendants, maketh oath and saith,
+that the several facts and circumstances stated in his affidavit,
+sworn on the 11th day of March last, before Mr. Graham
+the Magistrate, are true. And this deponent further
+saith, that in addition to the several facts and circumstances
+stated in his said affidavit, he deposeth as follows; that is to
+<span class='pageno' id='Page_366'>366</span>say: That he had not, directly or indirectly, any concern
+whatever in the formation, or any knowledge of the existence,
+of an intention to form the plot charged in the indictment,
+or any other scheme or design for affecting the public
+funds. That the sale of the pretended omnium, on the 21st
+day of February, was made in pursuance of orders given to his
+broker at the time of the purchase thereof, on or about the 14th
+of that month, to sell the same whenever a profit of one per
+cent. could be realised: and that those directions were given,
+and the sale thereof took place, without any knowledge, information,
+hint, or surmise, on the part of this deponent, of
+any concern or attempt whatever, to alter the price of the
+funds; and the said sale on the 21st took place entirely
+without this deponent’s knowledge. That when this deponent
+returned home from Mr. King’s manufactory on the
+21st of February, which he did directly after the receipt of
+a note, he fully expected to have met an officer from abroad,
+with intelligence of his brother, who had, by letter to this
+deponent, received on the Friday before, communicated his
+being confined to his bed, and severely afflicted by a dangerous
+illness, and about whom this deponent was extremely
+anxious; but this deponent found Capt. De Berenger at his
+house, in a <em>grey</em> great coat, and a <em>green</em> jacket. That this
+deponent never saw the defendants Ralph Sandom, Alex.
+M’Rae, John Peter Holloway, and Henry Lyte, or any or
+either of them, nor ever had any communication or correspondence
+with them, or any or either of them, directly or
+indirectly. That this deponent, in pursuance of directions
+from the Admiralty, proceeded to Chatham, to join His Majesty’s
+ship the <i>Tonnant</i>, to which he had been appointed
+on the 8th day of February last. That the ship was then
+lying at Chatham. That, previous to the 8th day of February,
+this deponent applied to the Admiralty for leave of absence,
+which was refused, until this deponent had joined the said
+ship, and had removed her down to Long Reach; that this
+deponent, in pursuance of those directions, removed the said
+ship from Chatham to Long Reach, and after that was done,
+<span class='pageno' id='Page_367'>367</span>viz. on Saturday the 12th day of the said month, this deponent
+wrote to the Admiralty to apply for leave of absence
+for a fortnight, for the purpose of lodging a specification for a
+patent, as had been previously communicated by this deponent
+to their Lordships; that leave of absence was accordingly
+granted for fourteen days, commencing on the 14th of the
+said month; that this deponent was engaged in London,
+expecting the said specification, till the 28th of the said
+month, when the said specification was completed, and this
+deponent left town about one o’clock on the morning of the
+1st of March, and arrived at Chatham about daylight on
+the same morning: that on the 8th or 9th of the same month
+of March, this deponent received an intimation that placards
+were posted in several of the streets, stating that a pretended
+Colonel De Bourg had gone to this deponent’s house in
+Green Street; that at the time this deponent received this
+intimation, he was on board the said ship at Long Reach,
+and in consequence went to Admiral Surridge, the Port
+Admiral at Chatham, to obtain leave of absence, which was
+granted; previous to the receipt of the leave forwarded by
+the Lords Commissioners of the Admiralty, this deponent
+arrived in London, on the 10th of that month, to the best of
+his belief; and that after his trial, he himself, conscious of
+his own innocence, and fearing no consequences from a development
+of his own conduct, and desiring only to rescue
+his character from erroneous impressions, made by misrepresentations
+in the public prints, he, without any communication
+whatever with any other person, and without any
+assistance, on the impulse of the moment, prepared the
+before-mentioned affidavit, which he swore before Mr. Graham,
+the Magistrate, on the 11th; that at the time he made
+such affidavit, he had not seen or heard the contents of the
+Report published by the Committee of the Stock Exchange,
+except partial extracts in the newspapers; that when the deponent
+understood that the prosecution was to be instituted
+against him, he wrote to Admiral Fleming, in whose service
+Isaac Davis, formerly this deponent’s servant, then was, under
+<span class='pageno' id='Page_368'>368</span>cover to Admiral Bickerton, at Portsmouth, and that Admiral
+Bickerton returned the letter, saying that Admiral Fleming
+had sailed for Gibraltar; that this deponent sent his servants,
+Thomas Dewman, Sarah Bust, and Mary Turpin, on
+the trial of his indictment, to prove that an officer came
+to this deponent’s house on the morning of the said 21st of
+February, and to prove the dress that he came in; but that
+the said Thomas Dewman only was called, and, as this deponent
+has been informed, he was not interrogated as to the
+dress in which the said officer came to his house; and this
+deponent further saith, that had the said witnesses been examined
+according to the directions of this deponent, and who
+were in attendance on the Court for that express purpose,
+they would, as he verily believes, have removed every unfavourable
+conclusion respecting this deponent’s conduct,
+drawn from the supposed dress in which the said De Berenger
+appeared before the deponent on the 21st of February,
+and on which circumstances much stress was laid in the
+charge to the jury, the said De Berenger’s dress being exactly
+as stated in this said deponent’s former affidavit hereinbefore
+mentioned: and this deponent solemnly and positively
+denies, that he ever saw the said De Berenger in a scarlet
+uniform, decorated by medals, or other insignia; and he had
+not the least suspicion of the said De Berenger being engaged
+in any plot respecting the funds, but merely believed
+he wished, for the reasons stated in deponent’s former affidavit,
+to go on board this deponent’s ship, with a view to
+obtain some military employment in America; and this deponent
+declined complying with his request to send him on
+board his ship without permission, or an order from the
+Admiralty: and this deponent further saith, that he was in
+no degree intimate with the said De Berenger; that he had
+no personal knowledge of his private or public character;
+that he never asked the said De Berenger to his house, nor
+did he ever breakfast or dine with this deponent therein, on
+any occasion whatsoever; and further, this deponent saith,
+that he had been informed, and verily believes, that the jury
+<span class='pageno' id='Page_369'>369</span>who tried the said indictment, and the counsel for the defence,
+were so completely exhausted and worn out by extreme
+fatigue, owing to the Court having continued the trial
+without intermission for many hours beyond that time which
+nature is capable of sustaining herself without refection and
+repose, that justice could not be done to this deponent.”</p>
+
+<div class='c020'>“<span class='sc'>Cochrane.</span></div>
+<div class='lg-container-l c034'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“Sworn in Court, June 14, 1814.</div>
+ <div class='line in4'>By the Court.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<p class='c001'>With such documents in my hand I was refused a
+new trial, for reasons hereafter to be adduced. Of the
+vindictiveness with which I was pursued, there can be
+no better proof than that the other parties convicted on
+clear evidence were let off with imprisonment and half
+the fine inflicted on myself and Mr. Butt; whilst we,
+who had nothing to do with the matter, were fined
+1,000<i>l.</i> and in addition sentenced to the barbarous
+punishment of the pillory. I advisedly say “we,” for I
+will here put on record my conscientious belief that
+Mr. Butt had no more to do with the hoax than
+myself. I give this testimony to the memory of a truly
+excellent man, whose misfortune it was to have become
+the dupe of others, without the least hope of benefit to
+himself.</p>
+
+<p class='c001'>It is impossible in an autobiography like the present
+to go into the entire case <span lang="la"><i>seriatim</i></span>, as it would be easy to
+bring forward other proofs as clear as those now adduced.
+The evidence of Crane was, however, the important
+point. I have now laid before the reader the documents
+which the Court of King’s Bench declined to
+entertain, and have no doubt as to what his decision
+<span class='pageno' id='Page_370'>370</span>must be. Whether was it the more probable, that a
+man in my position, with nothing to gain by it,
+should, in order to commit a fraud, conspire with
+several other persons of whose names he had never
+before heard, and then swear that I did not commit
+it—or, that such a man as Crane, at the moment of
+giving his evidence, himself under conviction and sentence
+for a heinous offence, should swear falsely to
+the colour of a coat for a pecuniary reward? I, to
+whom the public voice, and the rewards of my sovereign,
+had elevated to an honourable rank in my
+profession, or a hackney coachman, under conviction
+at the moment of giving his evidence, and known in
+his own line of life to have been the most depraved of
+one of the most depraved classes of society?</p>
+
+<p class='c001'>My conviction was followed by expulsion from the
+House of Commons, and was voted by a majority of
+140 to 44. But that in a House like the one with
+which the reader is now well acquainted, <em>forty-four</em>
+independent gentlemen should be found to believe in
+my innocence, in the teeth of the ministers of the day,
+of whom Lord Ellenborough was one, the same <a id='corr370.23'></a><span class='htmlonly'><ins class='correction' title='mimistry'>ministry</ins></span><span class='epubonly'><a href='#c_370.23'><ins class='correction' title='mimistry'>ministry</ins></a></span>
+being, as personified in Lord Castlereagh and
+Mr. Croker, is perhaps as good proof of innocence as
+could be desired,—certainly as great as could be
+expected.</p>
+
+<p class='c001'>It is with no small pride that I publish the names
+of the minority. There are those amongst them whose
+testimony will weigh with posterity:—</p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><span class='pageno' id='Page_371'>371</span>“LIST OF THE MINORITY</div>
+ </div>
+</div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><span class='fss'>WHO VOTED AGAINST THE EXPULSION OF LORD COCHRANE.</span></div>
+ </div>
+</div>
+
+<div class='column-container'>
+
+<div class='col33'>
+
+<div class='lg-container-l'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>Allan, G.</div>
+ <div class='line'>Atherley, A.</div>
+ <div class='line'>Barham, S.</div>
+ <div class='line'>Bennet, Hon. H.</div>
+ <div class='line'>Brand, Hon. T.</div>
+ <div class='line'>Brown, D.</div>
+ <div class='line'>Brydges, Sir E.</div>
+ <div class='line'>Burdett, Sir F.</div>
+ <div class='line'>Burrel, Hon. P.</div>
+ <div class='line'>Butterworth, Jos.</div>
+ <div class='line'>Challoner, R.</div>
+ <div class='line'>Ebrington, Visc.</div>
+ <div class='line'>Flood, Sir F.</div>
+ <div class='line'>Gaskell, B.</div>
+ <div class='line'>Grant, Ch., sen.</div>
+ <div class='line'>Grant, J.P.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+<div class='col33'>
+
+<div class='lg-container-l'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>Hughes, W.</div>
+ <div class='line'>Lambton, J.</div>
+ <div class='line'>Lloyd, H.</div>
+ <div class='line'>Macginnis, —</div>
+ <div class='line'>Maddox, Wm.</div>
+ <div class='line'>Martin, J.</div>
+ <div class='line'>Mildmay, Sir H.</div>
+ <div class='line'>Mills, Rt.</div>
+ <div class='line'>Montgomery, Sir H.</div>
+ <div class='line'>Moore, P.</div>
+ <div class='line'>Newman, Rt.</div>
+ <div class='line'>Nugent, Lord.</div>
+ <div class='line'>Ossulston, Lord.</div>
+ <div class='line'>Ponsonby, Rt. Hon. G.</div>
+ <div class='line'>Power, R.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+<div class='col33'>
+
+<div class='lg-container-l'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>Rancliff, Lord.</div>
+ <div class='line'>Rashleigh, Wm.</div>
+ <div class='line'>Richards, Rt.</div>
+ <div class='line'>Ridley, Sir M.</div>
+ <div class='line'>Russell, Lord Wm.</div>
+ <div class='line'>Simpson, G.</div>
+ <div class='line'>Smith, W.</div>
+ <div class='line'>Tavistock, Marq. of</div>
+ <div class='line'>Western, C.</div>
+ <div class='line'>Whitbread, S.</div>
+ <div class='line'>Williams, Sir R.</div>
+ <div class='line'>Wortley, J.</div>
+ <div class='line'> </div>
+ <div class='line'>&#160;&#160;&#160;TELLERS.</div>
+ <div class='line'> </div>
+ <div class='line'>Lord A. Hamilton.</div>
+ <div class='line'>A. Brown.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+</div>
+
+<hr class='c035'>
+<div class='chapter'>
+ <span class='pageno' id='Page_372'>372</span>
+ <h2 class='c036'>CHAP. XL.</h2>
+</div>
+
+<p class='c014'>REMARKS ON LORD ELLENBOROUGH’S DIRECTIONS.—PROOFS OF THIS FALLACY.—HIS
+ASSUMPTION OF THINGS NOT IN EVIDENCE, AND UNWARRANTABLE
+CONJECTURES, IN POSITIVE OPPOSITION TO EVIDENCE.—HIS
+DESIRE TO CONVICT OBNOXIOUS PERSONS.—LEIGH HUNT, DR.
+WATSON, AND HONE.—LORD ELLENBOROUGH A CABINET MINISTER AT
+THE TIME OF MY TRIAL.—MY CONVICTION A MINISTERIAL NECESSITY.—VAIN
+ATTEMPTS TO GET MY CASE REHEARD.—LETTER TO LORD
+EBRINGTON.—THE IMPROBABILITY OF MY GUILT.—ABSURDITY OF SUCH
+IMPUTATION.—LETTER OF SIR ROBERT WILSON.—LETTER OF THE
+LATE DUKE OF HAMILTON.—MR. HUME’S LETTER.—CAUSES FOR MY
+PERSECUTION.—TREATMENT OF THE PRINCESS CHARLOTTE, WHO FLED
+TO HER MOTHER’S PROTECTION.—SYMPATHY OF THE PRINCESS FOR
+MY TREATMENT—MY POPULARITY INCREASED THEREBY.— MINE REALLY
+A STATE PROSECUTION.—RESTORATION OF SIR ROBERT WILSON.—MY
+RESTORATION INCOMPLETE TO THIS DAY.</p>
+
+<p class='c022'>If such evidence as has been exposed in the last chapter
+was unreliable, the use made of it by the Bench
+was unjustifiable. Crane deposed to De Berenger’s
+having with him “a portmanteau big enough to
+wrap a coat in.” The person of whom the coat was
+bought deposed to his taking it away in this portmanteau,
+yet the judge—despite the obvious consideration,
+that De Berenger could not have gone to Dover in this
+splendid and ornamented dress, but must have had
+some other dress for his journey—charged the jury
+that “it did not appear that De Berenger <em>had the
+means of shifting himself</em>!” He had the means of
+putting on the red coat at or near Dover, and what
+doubt could there be that his portmanteau supplied
+the means of again shifting it after his return? The
+<span class='pageno' id='Page_373'>373</span>evidence on the trial showed that shortly before reaching
+London he <em>drew down</em> the sun-blinds of the chaise,
+when there can be no reasonable doubt that he changed
+it for the green one in which he went to Dover, and
+which had been temporarily placed in the portmanteau.
+Crane, as has been shown by his own words, gave his
+evidence <em>under the expectation of reward</em>, and had no
+doubt been instructed that a <em>red coat was the very
+thing wanted</em>.</p>
+
+<p class='c001'>On the evidence of this man Crane, the jury was further
+charged that De Berenger not only entered my
+house in a red uniform, but that it was also decorated
+<em>with a star and medal</em>! There was nothing in the testimony
+of Crane or the waterman, which even related to
+a star and medal. They never gave the slightest intimation
+of De Berenger’s wearing any such ornaments;
+but as he appeared to have worn some ornaments of
+the kind at Dover, this is <span lang="la"><i>prima facie</i></span> proof that he
+<em>had changed</em> his coat on his return, otherwise both
+Crane and the waterman must have seen ornaments so
+conspicuous.</p>
+
+<p class='c001'>Still a star, like a red coat, was wanted to convict
+me, and a leading question to the postboy—who admitted
+that, <em>previous</em> to the trial, <em>he had received 52l.!!!</em>
+was, whether he had seen a star? His reply was
+that he had seen something of the kind, but that “<em>he
+could not swear what it was</em>.” He nevertheless said
+that he had “opened the chaise-door,” and therefore
+must have been within a yard of the star, if star there
+were, so that his refusal to swear to it is palpable proof
+that De Berenger <em>wore no star on his return</em>, this being
+<span class='pageno' id='Page_374'>374</span>no doubt on the red coat in the portmanteau. Yet,
+said Lord Ellenborough to the jury, “<span class='sc'>He pulled off
+his scarlet uniform at Lord Cochrane’s house.
+He came to Lord Cochrane fully blazoned in the
+costume of his crime.</span>” (<cite>Times’ report of the trial.</cite>)</p>
+
+<p class='c001'>The fact that De Berenger had with him, according
+to Crane’s evidence, “a portmanteau big enough to
+wrap a coat in,” was not laid before the jury, nor the
+obvious inference, that he must, beyond doubt, have
+conveyed his scarlet coat to Dover in that portmanteau,
+because a man whom the Solicitor-General said
+“<em>was no fool</em>,” would not have committed such an act
+of folly as <em>prematurely</em> to array himself in so remarkable
+a dress, intended for so criminal a purpose.</p>
+
+<p class='c001'>A circumstance strongly inferential, occurred which
+went far to prove that De Berenger <em>had changed</em> his
+dress before coming to my house. On the first part of
+the journey he was proved to have worn a sword, unquestionably
+as essential to his assumed character.
+But before he came to my house, he had disengaged
+himself from the sword, for Crane swore that on entering,
+he “took out of the chaise a portmanteau and a
+<em>sword</em>, and went in.” So that, according to the evidence
+of Crane himself, the chief witness for the prosecution,
+<em>he had made one material alteration in his
+appearance</em>. Why should De Berenger have worn his
+sword up to the last stage from Dover, during which
+he “pulled down the sunblinds,” and then have taken
+it off, but for the plain reason that he could not change
+his scarlet coat for his green uniform without first taking
+off his sword, which he had not replaced, but laid
+it on the chaise-seat during the operation. Not a word
+<span class='pageno' id='Page_375'>375</span>of this was allowed to go to the jury, though if—as
+Lord Ellenborough argued—he had been regardless of
+exhibiting himself to me in the false character of a
+military officer, he <em>would hardly have taken off his
+sword</em>! These facts were not only proofs that a partial
+change of dress had been made, but that an entire
+change had been effected, to which the removal of the
+sword was absolutely necessary. Had my servants
+been called upon the trial, their testimony, as seen in
+their affidavits contained in the previous chapter, must
+have been decisive.</p>
+
+<p class='c001'>It has been stated, that at the instance of Mr. Cochrane
+Johnstone, Sir Alexander Cochrane applied to
+the Admiralty for permission to engage De Berenger,
+and the records of the Admiralty would then, as no
+doubt they will now, prove the fact. There was not a
+word passed on the subject at the trial, nor any witness
+brought from the Admiralty to decide the point. Yet
+Lord Ellenborough put it to the jury as beyond doubt,
+<em>that it was I or Mr. Cochrane Johnstone, who was also
+a defendant in the same prosecution, who applied to Sir
+Alexander for his engagement</em>!—thus making this unfounded
+but important fact part of his direction to the
+jury. Here are the judge’s words:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“There is no doubt that Sir Alexander Cochrane had, on
+some application from Mr. Cochrane Johnstone, <em>or Lord
+Cochrane</em>, applied for him.” (<cite>Report</cite>, p. 483.)</p>
+
+</div>
+
+<p class='c001'>It is difficult to account for the judge’s motive in
+making such a statement, wholly unsupported by evidence.
+Neither was there even an attempt to show
+<span class='pageno' id='Page_376'>376</span>that I had ever interfered or even interested myself in
+any application on De Berenger’s behalf. The fact of
+Sir Alexander Cochrane having made the application
+was most important for my defence, because it added
+greatly to the probability of my statement in my affidavit,
+and accounted for the conduct of De Berenger
+in presuming to call on me to request a passage to
+America. This Lord Ellenborough completely neutralised
+by telling the jury that <em>it was I</em> who applied to
+Sir Alexander for his employment; the impression
+made on the minds of the jury being, that notwithstanding
+I disclaimed all knowledge of the man, I had
+been on terms of intimacy with him before the application
+was made!</p>
+
+<p class='c001'>The judge then declared as follows:—“But it does
+not rest there; for he himself lends to this person the
+immediate means of concealment,—he lets him have a
+hat <em>instead of his laced cap; and what had such a cap to
+do with a sharpshooter’s uniform?</em>” (<cite>Report</cite>, p. 485.)
+I had never said a word about a “laced cap,” nor had
+I ever seen De Berenger’s cap, for, as one of my servants
+testified, it lay in the hall. After this direction
+to the jury and my consequent conviction, I made it
+my business to ascertain what kind of cap was worn
+by the adjutant of Lord Yarmouth’s rifle-<em>corps</em>, and, to
+my great surprise and indignation, discovered that the
+regimental head-dress of De Berenger was a black cap
+<em>with a spacious gold band upon it, a long gold tassel
+pendant, and a death’s head and marrow-bones in
+bronze!</em>—so that sharpshooters <em>had</em> something to do
+with laced caps.</p>
+
+<p class='c001'>Still more extraordinary was the judge’s observation
+<span class='pageno' id='Page_377'>377</span>to the jury:—“The uniform of the rifle-corps is of a
+bottle-green colour, made to resemble the colour of
+trees, that those who wear it may hide themselves in
+woods, and escape discovery there.” (<cite>Report</cite>, p. 478.)
+This was in direct opposition to the evidence, for Lord
+Yarmouth had actually testified in Court that the
+uniform of the corps was “waistcoat-green, with <em>a
+crimson cape</em>!”</p>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Mr. Park.</span>—“What is the uniform of your <em>corps</em>?”</p>
+
+<p class='c001'><span class='sc'>Lord Yarmouth.</span>—“The uniform is the waistcoat-green,
+with a <em>crimson cape</em>.”</p>
+
+<p class='c001'><span class='sc'>Mr. Park.</span>—“A bottle-green, is it not?”</p>
+
+<p class='c001'><span class='sc'>Lord Yarmouth.</span>—“Some have got it a little darker than
+others, but it should be a deep bottle-green, with a <em>crimson
+collar</em>.”</p>
+
+</div>
+
+<p class='c001'>I have merely taken these instances at random, and
+without comment further than necessary to enable the
+reader to comprehend them. As my judge is no longer
+here to reply to me, I abstain from comment, however
+much it might tend, now that the party spirit which
+ruined me has died out, to establish my innocence.
+Still I cannot refrain from adducing a few extracts from
+Lord Campbell’s work, relative to the trials of politically
+obnoxious persons.</p>
+
+<p class='c001'>Lord Ellenborough’s efforts to convict Leigh Hunt of
+libel, and the verdict of “Not Guilty” pronounced by
+an indignant jury, are matters within the memory of
+many now living. “Such scandal,” says Lord Campbell,
+“was excited by the mode in which Government
+prosecutions for libel were now instituted and conducted,
+that Lord Holland brought the subject before
+the House of Lords. The violence of Lord Ellenborough
+<span class='pageno' id='Page_378'>378</span>when opposing Lord Holland’s motion, is
+foreign to the subject of the present work. Sir James
+Mackintosh, who heard it, expressed himself ‘disgusted
+with its dogmatism.’” (<cite>Lord Campbell</cite>, vol. iii. p. 205.)</p>
+
+<p class='c001'>The subjoined are Lord Campbell’s remarks when
+introducing the subject:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“He did his best to convict Leigh Hunt, then the editor
+of the <cite>Examiner</cite>, upon an <span lang="la"><i>ex officio</i></span> information for publishing
+an article against the excess to which the punishment
+of flagellation had been carried in the army.</p>
+
+<p class='c001'>“‘Gentlemen;’ said he to the jury, ‘we are placed in a
+most anxious and awful situation. The liberty of the country—everything
+we enjoy—not only the independence of
+the nation, but whatever each individual amongst us prizes
+in private life, depends upon our fortunate resistance to the
+arms of Buonaparte and the force of France, which I may
+say is the force of all Europe, combined under that formidable
+foe. It becomes us, therefore, to see that there is not,
+in addition to the prostrate thrones of Europe, an auxiliary
+within this country, and that he has not the aid for the furtherance
+of his object <em>of a British press</em>.’”</p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>*&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;&#160;*</div>
+ </div>
+</div>
+
+<p class='c001'>“‘This publication is not to draw the attention of the
+legislature or of persons in authority <em>with a view to a remedy</em>,
+but seems intended to induce the military to consider themselves
+as more degraded than any other soldiers in the world,
+and to make them less ready at this awful crisis to render the
+country that assistance without which we are collectively and
+individually undone. <em>I have no doubt but that this libel
+has been published with the intention imputed to it, and
+that it is entitled to the character given to it in the information.</em>’</p>
+
+<p class='c001'>“Nevertheless, to the unspeakable mortification of the
+noble judge, the jury found a verdict of <em>Not Guilty</em>.”
+(Lord Campbell’s <cite>Lives of the Chief Justices</cite>, vol. iii. pp. 201-203.)</p>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_379'>379</span>The following are Lord Campbell’s remarks on the
+verdict in the seven days’ trial of Dr. Watson on a
+charge of high treason. After charging the jury,</p>
+
+<div class='quote'>
+
+<p class='c001'>“He asked them whether they would take some refreshment
+before they left the bar, when the foreman, in a tone
+which made the <em>Chief Justice’s countenance visibly collapse</em>,
+said, ‘My Lord, we shall not be long.’ Accordingly, after
+going through the form of withdrawing and consulting
+together, they returned and pronounced their verdict, to
+which they had long made up their minds—<em>Not Guilty</em>.”—(Vol.
+iii. p. 222.)</p>
+
+</div>
+
+<p class='c001'>The case of Hone, in 1817, is another in point. I
+know nothing of Hone’s works, nor of the libels of
+which he was accused, but Lord Campbell says, that
+“he defended himself with extraordinary skill and tact,
+and at the end of the first day’s trial was <em>acquitted</em>.”</p>
+
+<div class='quote'>
+
+<p class='c001'>“This being related to the enfeebled Chief Justice, his
+energy was revived, and <em>he swore that, at whatever cost, he
+would preside in Court himself, so that conviction might be
+certain</em>!” (He did so, and thus charged the jury:) “‘I will
+deliver to you my solemn opinion, <em>as I am required by Act
+of Parliament to do</em>; under the authority of that Act, and
+still more, in obedience to my conscience and my God, I pronounce
+it to be a <span class='fss'>MOST IMPIOUS AND PROFANE LIBEL</span>.<a id='r99'></a><a href='#f99' class='c016'><sup>[99]</sup></a> Hoping
+and believing that you are Christians, I doubt not but that
+your opinion is the same.’”</p>
+
+</div>
+
+<p class='c001'>The jury almost immediately pronounced a verdict
+of “<span class='sc'>Not Guilty</span>.”</p>
+
+<p class='c001'>“Still,” says Lord Campbell, “the Chief Justice was
+undismayed, and declared that he would next day proceed
+with the indictment. This was a most indiscreet
+<span class='pageno' id='Page_380'>380</span>resolution. The whole of Hone’s third trial was a
+triumph, the jury plainly intimating their determination
+to find a verdict in his favour.... After a
+similar summing up as on the preceding day, there was
+<em>the like verdict</em>.... The popular opinion
+was, that Lord Ellenborough was killed by Hone’s trial,
+and he certainly never held up his head in public
+after.” (<cite>Lord Campbell</cite>, vol. iii. p. 225.)</p>
+
+<p class='c001'>These facts prove, that <em>subsequently to my trial</em>, whenever
+Lord Ellenborough, in a popular case, charged the
+jury to bring in the defendant “<span class='sc'>Guilty</span>,” the jury made
+a point of finding “<span class='sc'>Not Guilty</span>.” It was unfortunate
+for me that such a course was not previously adopted,
+but, perhaps, it may be said, that my case brought about
+this result.</p>
+
+<p class='c001'>One most material point connected with the trial
+cannot be overlooked; one, in fact, which not only
+concerned the liberties of obnoxious persons like myself,
+but also the liberties of every man in the country.
+At the period of my trial, Lord Ellenborough was
+not only Chief Justice of the King’s Bench, <span class='sc'>but at the
+same time a Cabinet Minister</span>!!! This terrible combination
+of incompatible offices was for the first time
+under constitutional government effected in the person
+of Lord Ellenborough, and, to the credit of subsequent
+administrations, for the last time also. No other Chief
+Justice ever came hot-foot from a Cabinet Council to
+decide the fate of an accused person, politically obnoxious
+to the Cabinet; the trial going on from day
+to day, so as to become open no less to Cabinet than to
+forensic discussion.</p>
+
+<p class='c001'><span class='pageno' id='Page_381'>381</span>The thing was monstrous, and could only have been
+acted on in this instance for the purpose of suppressing,
+by the expedient just shown, the rising spirit of public
+liberty, which the Government was ever on the watch
+to keep down. The <cite>Quarterly Review</cite>, when commenting
+on the “Life and Correspondence” of Sir Samuel
+Romilly, thus treats the matter (No. 132, 1840,
+page 612):—</p>
+
+<div class='quote'>
+
+<p class='c001'>“The Whigs, by way of including <em>all the talents</em>, had
+given the Chief Justice of the King’s Bench (Lord Ellenborough)
+<em>a seat in the Cabinet</em>, and upon this before unheard-of
+combination of the judicial and ministerial characters, this
+<em>monstrous attempt to tinge the ermine of justice with the
+colour of party</em>!!”</p>
+
+</div>
+
+<p class='c001'>The chance I had may be readily estimated <em>with a
+Cabinet minister for my judge</em>, and the Cabinet of
+which he was a member composed of ministers to
+whom I had become deeply obnoxious by determined
+opposition to their measures; having, in fact, given them
+more trouble than any other of my party, because my
+knowledge of naval abuses and profligate expenditure
+enabled me to expose both. It might, with one of my
+most bitter opponents for a judge, have been a still
+greater marvel had I been acquitted, than that I was
+convicted without and in opposition to evidence. Had
+Lord Ellenborough possessed a true sense of delicacy,
+he would never have presided at that trial. Still less
+would he have refused me a new trial when more perfectly
+prepared; a proceeding no doubt adopted as the
+best means of silencing further discussion, which had
+begun to harass him personally, and to cause uneasiness
+to the ministry. The shortest course, if not the justest,
+<span class='pageno' id='Page_382'>382</span>was to screen himself and them by <em>immediately</em> crushing
+his adversary. But the injury went farther than
+my conviction in the Court of King’s Bench. After
+my subsequent expulsion from the House, which, as
+Lord Brougham rightly says, “<em>secured my re-election for
+Westminster</em>,” on its adverse note <em>hung the fate of the
+ministry</em>. Had that vote been in my favour, the Chief
+Justice could not have held his seat in the Cabinet, and
+his evacuation could scarcely have been otherwise than
+followed by that of the whole ministry. Of this, however,
+there was little danger, the great bond of adhesion
+to the Ministry, as has been fully shown in the course
+of this work, being the pensions and sinecures so
+freely distributed amongst an unreformed House of
+Commons.</p>
+
+<p class='c001'>The question, however, became thus one of ministerial
+existence. Had the House, as it ought to have done,
+irrespective of me or my case, repudiated the anomaly
+of a Chief Justice holding a seat in the Cabinet, the
+retirement of Lord Ellenborough must have been indispensable
+and <em>immediate</em>. He could not have maintained
+his political office for an hour. In place of an
+individual member being heard in his own defence, the
+question really was the right of a Chief Justice to hold
+a seat in the Cabinet, or in legal phrase, the issue was,
+Lord Cochrane <em>versus</em> Lord Ellenborough, the Admiralty,
+and the Cabinet. In the unreformed House of
+Commons Lord Cochrane, as a matter of course, went
+to the wall, no one expecting otherwise.</p>
+
+<p class='c001'>Of the guilt or innocence of the other parties convicted
+I know nothing, but this I will say, that, if guilty,
+there was nothing in their guilt half so bad as the deliberate
+<span class='pageno' id='Page_383'>383</span>malice which on two occasions had conspired to
+ruin me. My appointment as flag captain to my uncle
+was gall and wormwood to those who, for opposing a
+vote of thanks to Lord Gambier, had condemned me
+to five years’ deprivation of employment, at a time
+when my services would have been honourable to
+myself and beneficial to my country. I had gained
+employment in a way beyond their control, and my
+unjust conviction of having participated in a trumpery
+hoax, which common sense might have convinced them
+was beneath my notice, was converted into the means
+of preventing the future exercise of my abilities as a
+naval officer.</p>
+
+<p class='c001'>I have to apologise to Lord Campbell for the freedom
+with which I have used his great work, but though
+an unjustly maligned man, my reputation is as dear to
+me as though no spot had ever rested upon it, and I
+have adduced these extracts to show that Lord Ellenborough,
+in his zeal for justice, might have possibly
+mistaken my case. His biographers ascribe to him
+pure motives, and I am bound not to set my opinions
+against those of his biographers, nor have I done so.
+But for forty-six years I have been vainly endeavouring
+to <em>get my case reheard</em>, and much allowance should
+be accorded me. I would not ask for mercy, if guilty,
+but for increased severity of punishment, as I should
+most richly deserve. To demand a hearing of my case
+was my first public act after my trial. It shall be my
+last. That public act was a letter to Lord Ebrington,
+deprecating his Lordship’s interference for a mitigation
+of my outrageous sentence. The following is a copy of
+this letter:—</p>
+
+<div><span class='pageno' id='Page_384'>384</span></div>
+<div class='quote'>
+
+<div class='c020'><span class='small'>“King’s Bench, July 13th, 1814.</span></div>
+
+<p class='c001'>“<span class='sc'>My Lord</span>,—Although I claim no right to interfere with
+the Parliamentary conduct of any member, or to interfere
+with the motions which he may judge proper to originate,
+yet I owe a duty to myself which demands that I should
+apprise your Lordship that the motion of which you have
+given notice respecting me, has a tendency to bring down
+upon me a greater indignity than any which has been offered
+to me by my enemies. I had flattered myself, from a recent
+note of your Lordship, that, in your mind, I stood wholly
+acquitted; and I did not expect to be treated by your Lordship
+as an object of mercy, on the grounds of past services,
+or severity of sentence. I cannot allow myself to be indebted
+to that tenderness of disposition, which has led your Lordship
+to form an erroneous estimate of the amount of punishment
+due to the crimes of which I have been accused; nor can I
+for a moment consent, that any past services of mine should
+be prostituted to the purpose of protecting me from any part
+of the vengeance of the laws against which I, if at all, have
+grossly offended. <em>If I am guilty, I richly merit the whole
+of the sentence which has been passed upon me. If innocent,
+one penalty cannot be inflicted with more justice than
+another.</em> If your Lordship shall judge proper to persist in
+the motion of which you have given notice, I hope you will
+do me the justice to read this letter to the House.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I have, &#38;c.</div>
+ <div class='line in9'>“<span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“The Lord Ebrington.”</span></p>
+
+</div>
+
+<p class='c001'>Independently, however, of these or any other considerations,
+I might point to my previous general services
+as a naval officer, for which I had not received public
+reward of any kind;—to my refusal of a squadron of
+frigates, and Lord Mulgrave’s own regiment, if I would
+consent to a vote of thanks to Lord Gambier conjointly
+with myself,—an offer which, had it been
+<span class='pageno' id='Page_385'>385</span>accepted, would have been tantamount to the acquisition
+of half a million of prize-money;—to my unceasing
+opposition in Parliament to the abuses of the Admiralty
+Courts and naval administration in general, in direct
+opposition to my own pecuniary interests;—to my
+rejection of the openly-expressed proposal of the Secretary
+to the Admiralty to quit the Radical party, and
+come over to that of the Government;—to my anticipated
+employment on the coasts of the United States,
+and the great pecuniary proceeds which there was
+every reason to expect as the result of putting my
+previous experience in practice. I would then put it to
+the common sense of the reader, whether the acquisition
+of a few paltry hundred pounds—by means of the imputed
+frauds on the Stock Exchange, was a likely motive
+to actuate me in joining a conspiracy with persons,
+some of whom I never knew nor heard of, which, if
+detected, must have destroyed my future prospects,
+when on the eve of an expedition calculated in all
+human probability to have raised me above all political
+enmity? The reply is self-evident.</p>
+
+<p class='c001'>I would again ask, whether, with a guilty knowledge
+of the act in which De Berenger had been
+engaged, I should have perpetrated the consummate
+folly of voluntarily disclosing all that took place on
+unexpectedly finding him at my house; this voluntary
+information on my part affording the only clue to
+the case, which could otherwise never have been developed.</p>
+
+<p class='c001'>If guilty, such disclosure on my part would have
+been an act of absolute insanity. Had I been aware
+<span class='pageno' id='Page_386'>386</span>that his asking me for the means of concealing his
+uniform,—first, on his representation that, not being a
+drill day, he could not appear in it before his colonel,
+Lord Yarmouth; and secondly, that he could not return
+in it to the rules of the King’s Bench without exciting
+suspicion that he had been violating the rules,—is
+it likely that I should have voluntarily become my
+own accuser, when there existed no necessity for me to
+say a single word, on the subject. Should I not rather,
+if guilty, have given him the order to go on board the
+<i>Tonnant</i>, and thus place both him and myself beyond
+the reach of danger?</p>
+
+<p class='c001'>In place, however, of further vindication of my
+character as having had any participation in this
+wretched hoax, I will, in addition to the legal opinions
+already adduced, bring forward others since pronounced
+by men in whom the public repose the most implicit
+confidence.</p>
+
+<p class='c001'>And first the voluntary statement of a gallant
+General, who had been equally ill used with myself,
+and by the same political adversaries and clique who
+persecuted me. I mean Sir Robert Wilson, who happily
+survived his persecution, was reinstated in his military
+rank and honours, and died honoured and lamented.</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Regent Street, 14th March, 1823.</span></div>
+
+<p class='c001'>“<span class='sc'>My dear Lord</span>,—It has been mentioned to me that a
+memorandum I once held with the late Mr. Whitbread on
+the subject of your persecution, and which I have frequently
+repeated, might be a document of some utility; my compliance
+with the expressed wish is not an act of friendship,
+but of duty and justice to all parties.</p>
+
+<p class='c001'>“I therefore do affirm, upon my honour, to the accurate
+<span class='pageno' id='Page_387'>387</span>truth of the following statement, being ready, if required, to
+give it any legal character of which it may be susceptible:—</p>
+
+<p class='c001'>“Being at Southall Park in the year 1814, I took an
+opportunity of asking Mr. Whitbread for his opinion on the
+subject of Lord Cochrane’s trial and sentence, stating to him
+that as I had been out of England at the time, I was very
+imperfectly acquainted with the proceedings; but feeling
+much interested about the character of an officer so eminently
+distinguished, I was desirous to pin my faith upon his (Mr.
+Whitbread’s) judgment; but if, from any political or personal
+consideration, he could only give me a partial or half
+compliance, I begged him to be silent altogether, as my
+object was to know the whole truth, and to be put in possession,
+for my future guidance, of his most secret feelings on
+the transaction.</p>
+
+<p class='c001'>“Mr. Whitbread replied, that he had no hesitation to
+acquiesce with my wish; that there never was a case to
+which he had given more attention, or which had caused him
+more sleepless nights, as he had been resolved to probe the
+matter to the bottom, if possible, and come to a just conclusion.
+That he had formed his conclusion; and, if they were
+the last words he had to utter before appearance in the presence
+of the Creator, he should say that <em>he was convinced
+that Lord Cochrane was totally and entirely innocent of the
+whole or any part of the offence laid to his charge,—that he
+felt certain that Lord Cochrane was in no way privy to the
+proceedings so far as they related to any imposition</em>.</p>
+
+<p class='c001'>“Mr. Whitbread added, ‘My family know this to be my
+conscientious opinion, and <em>I am persuaded that time will
+prove it to be the correct one</em><a id='r100'></a><a href='#f100' class='c016'><sup>[100]</sup></a>;’ but, in any case, you have it
+<span class='pageno' id='Page_388'>388</span>from a man who has endeavoured to form it honestly, and
+also, for that purpose, divested his mind, as much as possible,
+of every bias.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I remain, my dear Lord,</div>
+ <div class='line in11'>“With much regard, yours,</div>
+ <div class='line in28'>“<span class='sc'>R. Wilson</span>.”</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<p class='c001'>The following warm-hearted letter was written me
+by the late Duke of Hamilton on my appointment to
+the command of the West India fleet:—</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Hamilton Palace, Jan. 6, 1848.</span></div>
+
+<p class='c001'>“<span class='sc'>My dear Lord</span>,—Your letter of yesterday has awakened
+the liveliest sensibilities of my heart. If I ask myself whether
+they proceed from the love of justice, or the love of a friend,
+my reply is, from both.</p>
+
+<p class='c001'>“The communication you have just made to me is most
+gratifying; and the First Lord of the Admiralty has done
+himself immortal honour in appointing that naval officer
+Commander in one hemisphere who had previously illustrated
+his name by his most brilliant exploits in the other.
+Everything, I think, has now been done to undo the foul
+aspersions with which you have been assailed, and I am sure
+everything will be now done that will most serve to establish
+the ability of the officer and the delicacy of the gentleman.</p>
+
+<p class='c001'>“I congratulate you most sincerely upon your appointment,
+and hope you will meet with difficulties when you arrive at
+your destination. Don’t be surprised at my wish. It proceeds
+from knowing the ample resources of my friend to
+overcome them, and his constant desire to sacrifice everything
+to duty and honour.</p>
+
+<p class='c001'>“My good wishes will follow you across the ocean, and reside
+with you in your future destinies. Let me have the
+satisfaction of hearing from you, and with every sentiment of
+affectionate regard, believe me to be, my dear lord, your
+truly attached friend and cousin,</p>
+
+<div class='c020'>“<span class='sc'>C.H. and B</span>.”</div>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_389'>389</span>Without multiplying communications of a similar
+kind, I will merely adduce a portion of a letter written
+to me by a gentleman, in whose opinions and sterling
+honesty the public has been accustomed to repose the
+highest confidence, viz. the late Joseph Hume. The
+occasion of the letter was my having consulted him in
+an attempt to obtain a re-investigation of my case so
+late as 1852:—</p>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>“Bryanstone Square, May 10, 1852.</span></div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>*&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;*&#160;&#160;&#160;&#160;&#160;&#160;*</div>
+ </div>
+</div>
+
+<p class='c001'>“I knew at the time the alleged offence was committed,
+Mr. Cochrane Johnstone, and my conviction at the time
+was, and still is, that you were the dupe of his cupidity, and
+suffered from his act. With David Ricardo, who was the
+prosecutor on the part of the Stock Exchange on that occasion,
+I have often conversed on the subject<a id='r101'></a><a href='#f101' class='c016'><sup>[101]</sup></a>.</p>
+
+<p class='c001'>“I considered that you were incapable of taking the means
+resorted to, and for which you suffered, and was pleased to
+learn that you had been restored to your rank. I considered
+<em>that act</em> a proof that the Government which had restored you
+to the rank and honour of your profession, and had afterwards
+appointed you to the command in the West Indies, must have
+come to the same conclusion; and until the perusal of your
+draft petition, I concluded that <em>you had had all your arrears
+paid to you as a tardy, though inadequate, return</em> to your
+Lordship, whose early exploits did honour to yourself, and
+gave additional lustre to the naval service of your country.</p>
+
+<p class='c001'>“Sir Robert Wilson, acting with me as a friend of the late
+Queen Caroline, in our desire to see justice done to her, was,
+<span class='pageno' id='Page_390'>390</span>by <em>a secret and most unjust decision of the Government of the
+day, under Lord Liverpool and Lord Castlereagh</em>, dismissed
+from the military service, of which he had been a distinguished
+ornament, and had all his honours taken away. The honour
+he had received from the Court of Vienna, for the preservation
+of the life of a member of that family (in a river in
+Flanders) under Colonel, afterwards Lord, Lake, was also
+taken from him!!</p>
+
+<p class='c001'>“The offence of Sir Robert Wilson was his supposed interference
+in obstructing the funeral <span lang="fr"><i>cortége</i></span> of the late Queen Caroline
+in its progress towards the City. The progress was ordered
+by the Government to have been by the New Road to Essex.
+The people obliged Sir Robert Baker, then at the head of the
+police and in charge of the escort, to proceed through the
+City of London, contrary to the express order of the King
+(George the Fourth), and under that suspicion Sir Robert
+Wilson was dismissed and unjustly treated.</p>
+
+<p class='c001'>“I knew that Sir Robert Wilson had arrived from France
+in company with Mr. Edward Ellice, and did not reach the
+house of Mr. Alderman (the name is illegible) where I was
+until eight or nine o’clock of the evening before the funeral.
+His offence was his accompanying the funeral along with Sir
+John Hobhouse, myself, and others; and when the troops fired
+on the people at Hyde Park, Sir Robert Wilson endeavoured
+to prevent bloodshed. I was present, and heard and saw
+everything that passed. For that supposed offence he was
+cashiered, and remained for years, as your lordship did, under
+the disgrace.</p>
+
+<p class='c001'>“His Majesty, King William, was satisfied of the innocence
+of Sir Robert Wilson of the offence charged against him, and
+he was restored to the service, and I understood was paid all
+the arrears of pay and allowance during his suspension, and
+afterwards appointed to the command at Gibraltar. I was
+pleased at the result, and it would give me equal pleasure to
+learn that your application to her Majesty should be attended
+with an act of justice to you equally merited.</p>
+
+<p class='c001'>“I think other instances of restoration to rank, accompanied
+<span class='pageno' id='Page_391'>391</span>with payment of arrears of pay and restoration to all
+military honours, will be found if you should adopt the same
+course to seek justice.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>“I remain, &#38;c.</div>
+ <div class='line in9'>“<span class='sc'>Joseph Hume</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>“The Right Hon. the Earl of Dundonald.”</span></p>
+
+</div>
+
+<p class='c001'>This letter narrates the arbitrary and unjust dismissal
+of an eminent officer without trial, without accusation,
+and without having in any way rendered himself politically
+obnoxious, otherwise than to stop the indiscriminate
+slaughter of an unarmed people. The act of his
+dismissal was one of pure despotism, committed by a
+ministerial faction, of which history affords scarcely a
+redeeming feature. It is not surprising that I, of all
+others in the House of Commons the most politically
+obnoxious to the same faction, should have been for
+years selected as the mark for their unscrupulous
+hatred. Still less is it probable that men who regarded
+and defended place, pensions, and sinecures as a right,
+would stick at the practices which have been laid bare
+in this work, when a political adversary who exposed
+their greediness for national plunder could be crushed.
+To say more of them, than that they were the men who
+crushed Sir Robert Wilson, would be superfluous.</p>
+
+<p class='c001'>I will add yet one more illustration. At my re-election
+for Westminster—the consequence, as Lord
+Brougham has well said, of the outrageous treatment
+to which I had been subjected—an incident occurred
+with which my wrongs became indirectly mixed up.
+Whilst the electors of Westminster were securing the
+triumphant return of one who was in durance, under
+<span class='pageno' id='Page_392'>392</span>an infamous sentence, the daughter of the Prince Regent
+was flying from Court tyranny.</p>
+
+<p class='c001'>On the day preceding my re-election, the greatly
+beloved Princess Charlotte, then under age, escaped
+from her father’s protection, and, having called a
+hackney coach from the stand at Charing Cross, fled to
+her mother’s residence in Connaught Place. The public
+mind was at the time in a state of great excitement on
+account of the vindictive sentence passed upon me, and
+the electors of Westminster having determined to sustain
+me, every precaution was taken by their leaders
+to keep alive the public sentiment.</p>
+
+<p class='c001'>In the midst of this excitement the flight of the
+princess became known, together with the fact that
+she had been treated by her father with an amount of
+unbecoming violence and coercion, and through some
+of his acquiescent ministers outraged by an injudicious
+pressure, the object of which was to force upon her a
+marriage to which she had not only a personal objection,
+but towards which she had publicly expressed
+a decided and insuperable aversion.</p>
+
+<p class='c001'>Notwithstanding this, the Regent, regardless of his
+daughter’s feelings, insisted on proceeding without loss
+of time with the preparations for her marriage; and it
+was on repeating his fixed determination as regarded
+her fate, that she took the step of placing herself under
+her mother’s protection, the terror inspired by the interview
+with her father being such that, without bonnet
+or shawl, she ran down the back staircase of Warwick
+House, and escaped by the servants’ <span lang="fr"><i>entrée</i></span>.</p>
+
+<p class='c001'>Not many hours elapsed before the fact of her
+<span class='pageno' id='Page_393'>393</span>flight and its cause became publicly known. This
+act of political tyranny towards a princess, who, though
+so young, had, by her powers of mind and engaging
+manners from her childhood, secured the universal affection
+of the people, created an amount of sympathy which,
+coupled with the excitement and irritation at my outrageous
+treatment, almost amounted to public frenzy.</p>
+
+<p class='c001'>The Government became alarmed. Crowds beset
+the house of her late Majesty Queen Caroline, where
+their favourite was safely sheltered. The carriages of
+the Royal family and of the ministers, including those
+of the Lord Chancellor, Lord Ellenborough, and the
+Law Officers of the Crown, were all in attendance, their
+occupants having been sent to use their influence with
+Her Royal Highness to induce her to return, but in
+vain. She even refused to see any of the royal family
+except the Duke of Sussex, for whom she had sent, as
+well as for Mr. Brougham, the latter to advise her in
+the difficult position in which she had been compelled
+to place herself. The advice was to return; but she
+declared in strong terms that she could not overcome
+her repugnance to the violent treatment she had received,
+or to the attempt to force her into a marriage
+which she held in aversion.</p>
+
+<p class='c001'>The day following this scene was the day of my
+re-election for Westminster. The same overtures were
+repeated to the princess, but without making the slightest
+impression on her wounded feelings. At length
+the Duke of Sussex took his niece to the window of
+the drawing-room, and drew her attention to the angry
+multitude assembled before the house, explaining to
+<span class='pageno' id='Page_394'>394</span>her that such was the public sympathy in her favour,
+and such the interest the people took in her happiness,
+that they would form a shield for her protection against
+which her oppressors would scarcely venture to array
+themselves.</p>
+
+<p class='c001'>Still the princess remained inexorable, till the danger
+of continued public excitement was pointed out to her.
+She was told by the Duke of Sussex, that the irritation
+was twofold, for <em>that very day was appointed for the
+re-election of Lord Cochrane for Westminster, after the
+unjust sentence which had been passed upon him, and
+which also formed another great cause of public excitement,
+whilst the two causes combined</em> might lead to a
+popular outbreak, which it was to be feared would end
+in bloodshed, and perhaps in the destruction of Carlton
+House itself. It was further urged, that in case of
+mischief, no small portion might be laid by ministers to
+the account of Her Royal Highness.</p>
+
+<p class='c001'>These considerations sensibly affected the princess,
+who was moved to tears, and exclaimed: “<span class='sc'>Poor Lord
+Cochrane! I heard that he had been very ill used
+by them</span> (meaning her father’s ministers); <span class='sc'>should it
+ever be in my power, I will undo the wrong</span>.”</p>
+
+<p class='c001'>With a magnanimity which her persecutors could
+neither feel nor comprehend, the princess then declared
+her perfect readiness to render herself a self-sacrifice,
+in order to prevent the dreadful result which she felt
+might be possible; and shortly afterwards returned to
+Warwick House, accompanied by her uncle the Duke
+of York. Her courage and firmness relieved her from
+further importunity from her father and his ministers
+<span class='pageno' id='Page_395'>395</span>on the subject of the hateful marriage, which was
+broken off, and this noble-minded woman afterwards
+contracted with the present King of the Belgians a
+marriage of affection, approved by the whole country.</p>
+
+<p class='c001'>Such instances of tyrannical oppression as these will
+be read with amazement by the present generation,
+though there are those yet living who can corroborate
+their recital. When even a princess of the blood royal,
+the idol of the whole nation, was not exempt from persecution,
+what hope had I of escaping ministerial vengeance,
+backed by a House of Commons, the majority
+of which consisted of sinecurists and placemen, whose
+fortunes <span lang="la"><i>in esse</i></span> and <span lang="la"><i>in posse</i></span> depended on them subservience
+to the place-givers?</p>
+
+<p class='c001'>It is true, I had with me the sympathy of the public,
+and this alone sustained me under such an accumulation
+of injury. Men do not become popular for nothing;
+but I have no hesitation in saying, to the honour of my
+constituents, that the injustice done to me by an adverse
+ministry gave me far greater popularity than
+anything I had accomplished in my professional capacity.
+For five years my adversaries had taken care
+that no fresh achievements in war should be added to my
+professional reputation; and it was only when, by my
+uncle’s favour, I had once more an opportunity of distinguishing
+myself in spite of the Admiralty, that the
+concentrated malice of the faction I had offended by my
+pertinacious opposition in parliament burst on my
+head in the shape of a prosecution, in which my judge
+was a member of the very cabinet to which I was
+politically and personally obnoxious.</p>
+
+<p class='c001'><span class='pageno' id='Page_396'>396</span>In a general point of view, there can be no two
+opinions on the impropriety of a Cabinet Minister
+occupying the bench of the highest law court of the
+realm. In all State prosecutions—and mine <em>was</em> one—it
+would fall to his lot to decide in the Cabinet as to
+their commencement, though in my case this was apparently
+avoided, by the law officers of the Crown
+keeping aloof from the proceedings; care, however,
+being taken to employ as my prosecutor an attorney of
+tried shrewdness, having a personal dislike to myself.
+A judge thus politically connected had to leave the
+Cabinet in order to carry out its decisions, himself presiding
+at all trials which might result, adjudging and
+sentencing the unlucky offenders; of which mode of
+prosecution the instances of Leigh Hunt, Dr. Watson,
+and Mr. Hone are cases in point, the parties accused
+being only saved by the indignant firmness of the
+juries. Happily, no such combination of political and
+judicial offices has occurred since Lord Ellenborough’s
+time, nor can it occur, unless some retrograde spirit of
+despotism shall again—to use the significant language
+before quoted from the <cite>Quarterly Review</cite>—“<em>tinge the
+ermine of justice with the colour of party</em>.”</p>
+
+<p class='c001'>A few words in addition are necessary. In Mr.
+Hume’s letter before quoted was an enclosure which he
+had, in his anxiety to procure full justice for my sufferings,
+with great difficulty obtained. It is an enumeration
+of the tardy steps taken to reinstate Sir Robert
+Wilson in the rank, honours, and emoluments of which
+for eleven years he had been unjustly deprived by the
+mere caprice of a political faction.
+<span class='pageno' id='Page_397'>397</span></p>
+<div class='quote'>
+
+<p class='c001'>“<i>30th October, 1830.</i>—Restoration of his rank submitted
+to the King.</p>
+
+<p class='c001'>“<i>22nd August, 1832.</i>—Sir Robert Wilson claimed the
+pay of a General Officer from 27th May, 1825, the time
+when his commission states his rank is to be considered as
+hearing date.</p>
+
+<p class='c001'>“<i>8th October, 1832.</i>—Letter of Secretary at War to the
+Hon. J. Stewart, recommending Sir Robert Wilson’s claim of
+pay to the Treasury <em>as a special case, considering the act of
+Royal favour to extend to pay as well as rank</em>. The letter
+also refers to Sir Robert Wilson’s signal services <em>hitherto unrewarded</em>,
+and adverts to the fact, that even should the
+request be granted he will have suffered a considerable
+pecuniary penalty in the loss of pay from 1821 to 1825, although
+no military tribunal has tried his conduct.</p>
+
+<p class='c001'>“<i>16th November, 1832.</i>—Letter of Mr. Stewart, announcing
+<em>the concurrence of the Treasury</em>, but desiring the opinion of
+the Commander-in-Chief to be taken.</p>
+
+<p class='c001'>“<i>19th November, 1832.</i>—Letter from Secretary at War to
+Lord Hill, acquainting him that he had, in consequence of a
+communication from Sir R. Wilson, recommended to the
+Treasury that <em>the arrear of back pay from the date of his
+restored rank of Lieut.-General should be allowed</em><a id='r102'></a><a href='#f102' class='c016'><sup>[102]</sup></a>, and that
+the Treasury was inclined to acquiesce in this recommendation,
+but requested his Lordship’s concurrence in the first
+instance.</p>
+
+<p class='c001'>“<i>22nd November, 1832.</i>—Lord Hill’s concurrence.</p>
+
+<p class='c001'>“<i>21st December, 1832.</i>—Treasury sanctions the amount of
+Sir Robert Wilson’s unattached pay as a general officer from
+the date of his commission being included in the estimates of
+1833.”</p>
+
+</div>
+
+<p class='c001'>It has been said that Sir Robert Wilson’s dismissal
+from the service differed from mine, inasmuch as his
+was a consequence of ministerial displeasure, whilst
+<span class='pageno' id='Page_398'>398</span>mine arose from the verdict of a court of law. How
+that verdict was procured, I trust has been satisfactorily
+shown, and if so, both Sir Robert Wilson and
+myself were sufferers from ministerial displeasure. On
+the word of a man about (at no distant date) to give
+an account to his Maker, I was no more guilty of the
+act attributed to me, than Sir Robert Wilson was of the
+disloyalty attributed to him.</p>
+
+<p class='c001'>Sir Robert Wilson claimed his back pay as a right
+consequent on his unjust deprivation, and obtained it.
+I have unceasingly done the same, not from the pecuniary
+value of the amount due, but from the consideration
+that its being withheld still operates as a stigma on
+my character and family, which is inconsistent with
+any restoration to the service. My efforts have been
+hitherto without success.</p>
+
+<p class='c001'>Sir Robert Wilson’s application was recommended to
+the Treasury as a “<em>special case</em>.” My applications
+have not been so regarded.</p>
+
+<p class='c001'>Sir Robert Wilson’s application was further recommended
+on account of “<em>services hitherto unrewarded</em>.”
+I will here repeat what has been stated in a previous
+chapter, in reply to writers who have assumed that I
+had been handsomely rewarded—that on no occasion
+did I ever receive the reward of a single shilling for
+any services which it was my good fortune to render to
+my country, beyond the ordinary pay of my rank, and
+the good service pension of 300<i>l.</i> a-year, conferred
+upon me by Sir James Graham, in 1844. Yet Lord
+Collingwood testified that with a single frigate I had
+done the work of an army, by keeping a French army
+<span class='pageno' id='Page_399'>399</span>from overrunning the Mediterranean coast of Spain.
+Neither for this nor the destruction of the enemy’s
+ships in Aix Roads, did I ever receive reward or
+thanks.</p>
+
+<p class='c001'>The reader, who is now well acquainted with my
+services, can pursue the subject for himself. With the
+exception of the Red Ribbon of the Bath, which as the
+gift of my sovereign I highly prize, my reward has
+been a life of unmerited suffering. Even the stipulations
+of the South American Governments, to whom I
+gave freedom, are violated to this day, from a conviction
+that no sympathy will be accorded by the Government
+of my own country.</p>
+
+<p class='c001'>These are the requitals for my “<em>hitherto unrewarded
+services</em>.”</p>
+
+<p class='c001'>Amongst the curiosities shown to visitors of the
+Bank of England, there was, and no doubt is still, a
+thousand pound bank-note, No. 8202, dated 26th June,
+1815, on the back of which are endorsed the following
+words:—</p>
+
+<div class='quote'>
+
+<p class='c001'>“<span class='sc'>My health having suffered by long and close confinement,
+and my oppressors being resolved to deprive
+me of property or life, I submit to robbery to protect
+myself from murder, in the hope that i shall live to
+bring the delinquents to justice.</span></p>
+
+<div class='c020'>(Signed) &#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;“<span class='sc'>Cochrane</span>.</div>
+
+<p class='c001'><span class='small'>“King’s Bench Prison, July 3rd, 1815.”</span></p>
+
+</div>
+
+<p class='c001'>There is the reward bestowed on me by a ministerial
+faction, memorable only for its political corruption.
+With that protest I close the book.</p>
+
+<div class='chapter'>
+ <span class='pageno' id='Page_401'>401</span>
+ <h2 class='c006'>APPENDICES</h2>
+</div>
+<div>
+ <span class='pageno' id='Page_403'>403</span>
+ <h3 class='c037'>APPENDIX I.<br> <br> <span class='small'>LORD GAMBIER’S FIRST DESPATCH, GIVING ME CREDIT FOR THE CONDUCT OF THE ATTACK IN AIX ROADS.</span></h3>
+</div>
+
+<div class='quote'>
+
+<div class='lg-container-r c038'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'><span class='small'><i>Caledonia</i>, at anchor in Basque Roads,</span></div>
+ <div class='line in16'><span class='small'>April 14th, 1809.</span></div>
+ </div>
+ </div>
+</div>
+
+<p class='c022'><span class='sc'>Sir</span>,—The Almighty’s favour to His Majesty and the
+nation has been strongly marked in the success He has been
+pleased to give to the operations of His Majesty’s fleet under
+my command; and I have the satisfaction to acquaint you,
+for the information of the Lords Commissioners of the
+Admiralty, that the four ships of the enemy, named in the
+margin<a id='r103'></a><a href='#f103' class='c016'><sup>[103]</sup></a>, have been destroyed at their anchorage, and several
+others, from getting on shore, if not rendered altogether
+unserviceable, are at least disabled for a considerable time.</p>
+
+<p class='c001'>The arrangement of the firevessels, placed under the
+direction of Captain the Right Honourable Lord Cochrane,
+was made as fully as the state of the weather would admit,
+according to his Lordship’s plan, on the evening of the 11th
+instant; and at eight o’clock on the same night they proceeded
+to the attack under a favourable strong wind from the northward,
+and flood tide, preceded by some vessels filled with
+powder and shells, as proposed by his Lordship, with a view
+to explosion, and led on in the most undaunted and determined
+manner by Capt. Wooldridge, in the <i>Mediator</i> fireship,
+the others following in succession; but owing to the
+darkness of the night, several mistook their course, and failed.</p>
+
+<p class='c001'>On their approach to the enemy’s ships, it was discovered
+that a boom was placed in front of their line for a defence.
+This, however, the weight of the <i>Mediator</i> soon broke, and
+<span class='pageno' id='Page_404'>404</span>the usual intrepidity and bravery of British seamen overcame
+all difficulties, advancing under a heavy fire from the forts in
+the Isle of Aix, as well as from the enemy’s ships, most of
+which cut or slipt their cables, and from the confined anchorage
+got on shore, and thus avoided taking fire.</p>
+
+<p class='c001'>At daylight the following morning, Lord Cochrane communicated
+to me, by telegraph, that seven of the enemy’s ships
+were on shore, and might be destroyed. I immediately made
+the signal for the fleet to unmoor and weigh, intending to
+proceed with it to effect their destruction. The wind, however,
+being fresh from the northward, and the flood-tide
+running, rendered it too hazardous to run into Aix Roads
+(from its shallow water), I therefore anchored again at the
+distance of about three miles from the forts on the island.</p>
+
+<p class='c001'>As the tide suited, the enemy evinced great activity in
+endeavouring to warp their ships (which had grounded) into
+deep water, and succeeded in getting all but five of the line
+towards the entrance of the Charente before it became practicable
+to attack them.</p>
+
+<p class='c001'>I gave orders to Capt. Bligh, of the <i>Valiant</i>, to proceed
+with that ship, the <i>Revenge</i>, frigates, bombs, and small vessels,
+named in the margin,<a id='r104'></a><a href='#f104' class='c016'><sup>[104]</sup></a> to anchor near the Boyart Shoal, in
+readiness for the attack. At twenty minutes past two P.M.
+Lord Cochrane advanced in the <span lang="fr"><i>Impérieuse</i></span>, with his accustomed
+gallantry and spirit, and opened a well-directed fire
+upon the <i>Calcutta</i>, which struck her colours to the <i>Impérieuse</i>;
+the ships and vessels above-mentioned soon after
+joined in the attack upon the <span lang="fr"><i>Ville de Varsovie</i></span> and <span lang="fr"><i>Aquilon</i></span>,
+and obliged them, before five o’clock, after sustaining a heavy
+cannonade, to strike their colours, when they were taken
+possession of by the boats of the advanced squadron. As soon
+as the prisoners were removed they were set on fire, as was
+also the <span lang="fr"><i>Tonnerre</i></span>, a short time after by the enemy.</p>
+
+<p class='c001'>I afterwards detached Rear-Admiral the Hon. Robert Stopford,
+in the <i>Cæsar</i>, with the <i>Theseus</i>, three additional fireships
+<span class='pageno' id='Page_405'>405</span>(which were hastily prepared in the course of the day),
+and all the boats of the fleet, with Mr. Congreve’s rockets,
+to conduct the further operations of the night against any of
+the ships which lay exposed to an attack. On the morning
+of the 13th, the Rear-Admiral reported to me, that as the
+<i>Cæsar</i> and other line-of-battle ships had grounded, and were
+in a dangerous situation, he thought it advisable to order
+them all out, particularly as the remaining part of the service
+could be performed by frigates and small vessels only; and I
+was happy to find that they were extricated from their perilous
+situation.</p>
+
+<p class='c001'>Captain Bligh has since informed me that it was found
+impracticable to destroy the three-decked ship, and the others,
+which were lying near the entrance of the Charente, as the
+former, being the outer one, was protected by three lines of
+boats placed in advance from her.</p>
+
+<p class='c001'>This ship and all the others, except four of the line and a
+frigate, have now moved up the Charente. If any further
+attempt to destroy them is practicable, I shall not fail to use
+every means in my power to accomplish it.</p>
+
+<p class='c001'>I have great satisfaction in stating to their Lordships how
+much I feel obliged to the zealous co-operation of Rear-Admiral
+Stopford, under whose arrangement the boats of the
+fleet were placed; and I must also express to their Lordships
+the high sense I have of the assistance I received from the
+abilities and unremitted attention of Sir Harry Neale, Bart.
+the Captain of the Fleet, as well as of the animated exertions
+of the captains, officers, seamen, and marines under my command,
+and their forwardness to volunteer upon any service
+that might be allotted to them; particularly the zeal and
+activity shown by the captains of line-of-battle ships in preparing
+the firevessels.</p>
+
+<p class='c001'>I cannot speak in sufficient terms of admiration and applause
+of the vigorous and gallant attack made by Lord
+Cochrane upon the French line-of-battle ships which were on
+shore, as well as of his judicious manner of approaching them,
+and placing his ship in a position most advantageous to annoy
+<span class='pageno' id='Page_406'>406</span>the enemy and preserve his own ship; which could not be
+exceeded by any feat of valour hitherto achieved by the
+British navy.</p>
+
+<p class='c001'>It is due to Rear-Admiral Stopford and Sir Harry Neale,
+that I should here take the opportunity of acquainting their
+Lordships of the handsome and earnest manner in which both
+these meritorious officers had volunteered their services before
+the arrival of Lord Cochrane to undertake an attack upon the
+enemy with fireships; and that, had not their Lordships fixed
+upon him to conduct the enterprise, I have full confidence
+that the result of their efforts would have been highly creditable
+to them.</p>
+
+<p class='c001'>Not having had it in my power, as yet, to ascertain the
+conduct of the officers commanding the fireships, except that
+of the <i>Mediator</i>, I am under the necessity of deferring to
+state how far they fulfilled their duty on this hazardous service
+in which they were engaged.</p>
+
+<p class='c001'>I should feel that I did not do justice to the services of
+Capt. Godfrey, of the <i>Etna</i>, in bombarding the enemy’s ships
+on the 12th, and nearly all the day of the 13th, if I did not
+recommend him to their Lordships’ notice; and I cannot
+omit bearing due testimony to the anxious desire expressed
+by Mr. Congreve to be employed wherever I might conceive
+his services in the management of his rockets would be useful;
+some of them were placed in the fireships with effect, and I
+have every reason to be satisfied with the artillerymen and
+others who had the management of them, under Mr. Congreve’s
+direction.</p>
+
+<p class='c001'>I send herewith a return of the killed, wounded, and
+missing of the fleet, which, I am happy to observe, is comparatively
+small. I have not yet received the returns of the
+number of prisoners taken, but I conceive they amount to
+between 400 and 500. I have charged Sir Harry Neale with
+this despatch by the <span lang="fr"><i>Impérieuse</i></span>, and I beg leave to refer their
+Lordships to him, as also to Lord Cochrane, for any further
+particulars of which they may wish to be informed.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>I have the honour to be, &#38;c.,</div>
+ <div class='line in17'>(Signed)&#160;&#160;&#160;&#160;&#160;<span class='sc'>Gambier</span>.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<div><span class='pageno' id='Page_407'>407</span></div>
+<div class='quote'>
+
+<p class='c001'><i>April 15th.</i>—P.S. This morning three of the enemy’s
+line-of-battle ships are observed to be still on shore under
+Fouras, and one of them is in a dangerous situation. One of
+these frigates (<span lang="fr"><i>L’Indienne</i></span>) also on shore, has fallen over, and
+they are now dismantling her. As the tides will be off in a
+day or two, there is every probability that she will be destroyed.</p>
+
+<p class='c001'>Since writing the foregoing, I have learned that the Hon.
+Lieut.-Colonel Cochrane (Lord Cochrane’s brother), and Lieut.
+Bisset, of the navy, were volunteers in the <span lang="fr"><i>Impérieuse</i></span>, and
+rendered themselves extremely useful, the former by commanding
+some of her guns on the main-deck, and the latter
+in conducting one of the explosion vessels.</p>
+
+</div>
+
+<hr class='c039'>
+<div class='chapter'>
+ <h2 class='c006'>APPENDIX II.<br> LORD GAMBIER’S SECOND DESPATCH IGNORING MY<br> SERVICES ALTOGETHER.</h2>
+</div>
+
+<div class='quote'>
+
+<p class='c015'><span class='small'>London, May 10th, 1809.</span></p>
+
+<p class='c001'><span class='sc'>Sir</span>,—I have received your letter of the 2nd instant,
+acknowledging the receipt of the list, containing the names
+of the officers and men employed in the fireships and explosion
+vessels on the night of the 11th ult., with my observations
+on the result of my inquiry respecting their conduct
+on that occasion; and signifying that you are commanded by
+their Lordships to acquaint me, that, in order to have before
+them full and complete information of the proceedings of
+the several ships employed by me on the various branches of
+the very important operations carried on against the enemy’s
+fleet in Aix Road, it is their Lordships’ direction that I should
+call upon Rear-Admiral Stopford, Captain Bligh, Captain
+Lord Cochrane, and any other officer I may have entrusted
+with any part of that service, to report to me their proceedings,
+together with such observations and remarks as
+they may have made whilst they were executing my orders
+against the enemy; and that I should transmit the same to
+<span class='pageno' id='Page_408'>408</span>their Lordships, with any observations I may think proper to
+make thereon.</p>
+
+<p class='c001'>You will be pleased to acquaint their Lordships that I
+have written to those officers to make reports to me accordingly,
+and shall lose no time in transmitting them to you
+as soon as they are obtained, but some time must elapse
+before they can reach me.</p>
+
+<p class='c001'>From communications I have since had with their Lordships,
+I am led to understand that a more full and detailed
+account than I have transmitted of the proceedings of the
+fleet under my command, during the whole of its operations
+in Basque Roads, would be desirable. I shall, therefore, in
+making such a statement, endeavour to omit no incident that
+may be in any degree connected with those operations, or
+serve to elucidate the various movements and proceedings of
+the fleet, persuaded that doing so cannot fail to promote the
+satisfaction which, in common with the officers and men
+under my command, I feel upon that occasion, and on the
+success which has resulted from it.</p>
+
+<p class='c001'>Their Lordships are aware that soon after I had taken the
+anchorage of Basque Roads, I stated to them the strong position
+of the enemy’s fleet in Aix Roads; that their ships were
+moored in two compact lines, and the most distant ship of
+each line within point blank range of the batteries of Isle
+d’Aix, explaining, at the same time, that they were under the
+necessity of mooring in such close order, not for the purpose
+of opposing a more formidable front, but to avoid the shoals
+close around the anchorage; and their Lordships will also
+remember that I then pointed out the impracticability of destroying
+them by an attack with the ships of the line in the
+position they occupied; but that I conceived them to be
+assailable by fireships, having previously suggested to Lord
+Mulgrave the expediency of sending out twenty or thirty
+vessels for that purpose.</p>
+
+<p class='c001'>This suggestion was anticipated by their Lordships, and
+they were pleased to order twelve sail of fireships to join
+me, and to direct me to fit out eight others on the spot.
+Upon the arrival of Captain Lord Cochrane, whom their Lordships
+<span class='pageno' id='Page_409'>409</span>had ordered me to employ in conducting the execution
+of the service to be performed by the fireships, I was induced,
+at his suggestion, to add the <i>Mediator</i> to the number.</p>
+
+<p class='c001'>These preparations were completed on the 11th ultimo
+at night, and having previously called on board the <i>Caledonia</i>
+the commanders and lieutenants who had volunteered
+their services, and who had been appointed by me to command
+fire vessels, I furnished them with full instructions for
+their proceedings in the attack, according to Lord Cochrane’s
+plan, and arranged the disposition of the frigates and small
+vessels to co-operate in the following manner.</p>
+
+<p class='c001'>The <i>Unicorn</i>, <i>Aigle</i>, and <i>Pallas</i>, I directed to take a
+station near the Boyart Shoal, for the purpose of receiving
+the crews of the fireships on their return from the enterprise,
+to support the boats of the fleet which were to accompany
+the fireships, and to give assistance to the <span lang="fr"><i>Impérieuse</i></span>,
+which ship was still further advanced. The <i>Whiting</i> schooner,
+<i>King George</i>, and <i>Nimrod</i> cutters, were fitted for throwing
+rockets, and directed to take a station near the same shoal
+for that purpose.</p>
+
+<p class='c001'>The <i>Indefatigable</i>, <i>Foxhound</i>, and <i>Etna</i> bomb, were to
+take a station as near the fort on the Isle of Aix as possible;
+the two former to protect the bomb vessel, whilst she threw
+shells into the fort.</p>
+
+<p class='c001'>The <i>Emerald</i>, <i>Dotterel</i>, and <i>Beagle</i> sloops, and <i>Growler</i>,
+<i>Conflict</i>, and <i>Insolent</i> gun-brigs, were stationed to make a
+diversion at the east end of the Isle of Aix.</p>
+
+<p class='c001'>The <i>Redpole</i> and <i>Lyra</i> I directed to be anchored by the
+Master of the Fleet (one near the Isle of Aix, and the other near
+the Boyart), with lights hoisted, to guide the fireships in their
+course to the attack; and the boats of the fleet were ordered to
+assemble alongside the <i>Cæsar</i>, to proceed to assist the fireships,
+under the superintendence of Rear-Admiral Stopford.</p>
+
+<p class='c001'>With these preconcerted movements the fleet was at this time
+unmoored, in readiness to render any service that might be
+practicable; but being anchored in a strong tide-way, with the
+wind fresh from the N.W. upon the weather tide making, it was
+again moored, to prevent the ships falling on board each other.</p>
+
+<p class='c001'><span class='pageno' id='Page_410'>410</span>At about half past eight <span class='fss'>P.M.</span> the explosion vessels and fireships
+proceeded to the attack; at half past nine the first explosion
+vessel blew up, and at ten most of the fireships were
+observed to be on fire; the enemy’s forts and ships firing upon
+them. Many of the fireships were seen to drive through
+their fleet, and beyond the Isle of Aix.</p>
+
+<p class='c001'>Shortly after daylight, Lord Cochrane, who, in the <span lang="fr"><i>Impérieuse</i></span>
+lay about three miles from the enemy, made the signal
+to me by telegraph, that seven of the enemy’s ships were on
+shore, and that half the fleet could destroy them. It was
+visible from the <i>Caledonia</i> what ships were aground, and that
+two or three had made their escape up the Charente. I immediately
+ordered the fleet to be unmoored, and at half past
+nine weighed and run up nearer to the Isle of Aix, with the
+view, when the time of tide should render it advisable, that
+some of the line-of-battle ships might proceed to attack the
+enemy’s ships on shore; but the wind blowing fresh from the
+N.N.W. with a flood tide, I judged it unadvisable to risk any
+of them at that time in so perilous a situation. The fleet was
+therefore anchored. I made the signal for each ship to prepare,
+with spare or sheet cables out of the stern ports, and
+springs on them, to be in readiness for any of them to go in
+that I might judge necessary; in the meanwhile I ordered
+three additional fireships to be prepared.</p>
+
+<p class='c001'>Observing the <span lang="fr"><i>Impérieuse</i></span> to advance, and the time of
+flood nearly done running, the <i>Indefatigable</i>, <i>Unicorn</i>, <i>Aigle</i>,
+<i>Emerald</i>, <i>Pallas</i>, <i>Beagle</i>, <i>Etna</i>, and gun-brigs, were ordered,
+by signal, into the attack; at 2·20 <span class='fss'>P.M.</span> the former opened
+her fire upon the enemy’s ships aground, and the others as
+soon after as they arrived up. I then ordered in the <i>Valiant</i>
+and <i>Revenge</i> to support them, and they soon joined in the
+action.</p>
+
+<p class='c001'>The enemy’s ship <i>Calcutta</i> struck her colours at 4·10 <span class='fss'>P.M.</span>
+and the <span lang="fr"><i>Ville de Varsovie</i></span>, and <span lang="fr"><i>Aquilon</i></span>, in about an hour
+afterwards; all three were taken possession of by the boats
+of the advanced squadron, and set on fire as soon as the prisoners
+were removed; a short time after the <span lang="fr"><i>Tonnerre</i></span> was set
+on fire by the enemy.</p>
+
+<p class='c001'><span class='pageno' id='Page_411'>411</span>Perceiving, towards the close of day, that there were some
+of the enemy’s grounded ships lying further up towards the
+Charente, which appeared to be exposed to further attack, I
+sent in the three additional fireships, and all the boats of the
+fleet, with Mr. Congreve’s rockets, accompanied by the <i>Cæsar</i>
+and <i>Theseus</i>, under the direction of Rear-Admiral Stopford,
+with discretional orders for his acting as he should think fit,
+and according as circumstances should render it expedient.</p>
+
+<p class='c001'>On the following day (the 13th) the Rear-Admiral perceiving
+that nothing further could be effected by the line-of-battle
+ships, which had grounded, as had also some of the
+frigates, and how imminent the danger was in which they lay,
+and being satisfied that the remaining part of the service
+could be performed only by frigates and smaller vessels, he
+most wisely took advantage of a providential shift of wind,
+and returned with the line-of-battle ships to Basque Road.
+Captain Bligh, on his return, reported to me that it was found
+impracticable to destroy the enemy’s three-decked ship, and
+others, which were lying at the entrance of the Charente, as
+the former (which was the outer one) was protected by three
+lines of boats placed in advance from her.</p>
+
+<p class='c001'>During the remainder of the 13th the <i>Etna</i> was employed
+in throwing shells, the <i>Whiting</i> schooner in firing rockets, and
+the other small vessels in firing upon the enemy’s ships on
+shore when the tide permitted.</p>
+
+<p class='c001'>On the 14th, at daylight, I observed three or four of the
+enemy’s ships still apparently aground at the mouth of the
+river. I ordered Captain Wolfe, of the <i>Aigle</i>, to relieve Lord
+Cochrane in the <span lang="fr"><i>Impérieuse</i></span>, in command of the small
+vessels advanced, and to use his utmost endeavours to destroy
+any of the enemy’s ships which were assailable. At 2·50 the
+<i>Etna</i> bomb, and small vessels in shore, began their fire upon
+the enemy’s ships at the entrance of the Charente, and continued
+to do so during the remainder of the day.</p>
+
+<p class='c001'>On the 15th, in the morning (the day on which I despatched
+Sir H. Neale to their Lordships, in the <span lang="fr"><i>Impérieuse</i></span>),
+three of the enemy’s line-of-battle ships were observed to be
+<span class='pageno' id='Page_412'>412</span>still aground under Fouras, and one of them in a dangerous
+situation; one of their frigates (<span lang="fr"><i>L’Indienne</i></span>), also on shore,
+had fallen over, and the enemy were dismantling her.</p>
+
+<p class='c001'>It blew very strong from the westward the whole of the 15th
+and 16th, so that no attempt could be made to annoy and
+harass the enemy; on the latter day their frigate, which was
+on shore, was discovered to be on fire, and blew up soon after.</p>
+
+<p class='c001'>All the remainder of the enemy’s ships got up the river by
+the 17th, except one (a two-decker), which remained aground
+under the town of Fouras; in the afternoon of this day it
+was observed that another of the enemy’s frigates had got on
+shore up the river and was wrecked, which was afterwards
+confirmed by the master of a neutral vessel from Rochelle.</p>
+
+<p class='c001'>On the 19th it blew too violent for any of the small vessels
+to act against the enemy; but on the 20th, the <i>Thunder</i> bomb
+having arrived, and the weather having become more moderate,
+I sent her to assist the <i>Etna</i> in bombarding the enemy’s ship,
+on shore near Fouras. The <i>Etna</i> had split her 13-inch mortar
+on the 15th, consequently had only her 10-inch effective.</p>
+
+</div>
+<hr class='c040'>
+
+<p class='c017'><i>State of the Force of the Enemy, transmitted in Lord</i>
+<span class='sc'>Gambier’s</span> <i>second Letter to the Hon.</i> <span class='sc'>W.W. Pole</span>, <i>of the
+26th March 1809</i>.</p>
+
+<div class='quote'>
+
+<p class='c019'>Statement of the enemy’s force moored at Isle d’Aix,
+anchorage in two lines very near to each other, in a direction
+due south from the fort on Isle d’Aix; the ships in each
+line not further apart than their own length, and the most
+distant ships of the two lines within point blank shot of the
+works on that island.</p>
+
+<table class='table2'>
+<colgroup>
+<col class='colwidth60'>
+<col class='colwidth1'>
+<col class='colwidth37'>
+</colgroup>
+ <tr>
+ <td class='c041'>One three-decker</td>
+ <td class='c042'>&#160;</td>
+ <td class='c043'>Flag at the fore.</td>
+ </tr>
+ <tr>
+ <td class='c041'>Ten two-deckers (one a fifty-gun ship, late <i>Calcutta</i>),</td>
+ <td class='c042'><span class='xlarge'>}</span></td>
+ <td class='c043'>One flag at the mizen, and one broad pendant.</td>
+ </tr>
+</table>
+<div class='c020'>(Signed)&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160; <span class='sc'>Gambier</span>.</div>
+
+<p class='c001'><span class='small'><i>Caledonia</i>, in Basque Roads, March 26th, 1809.</span></p>
+
+</div>
+
+<p class='c024'><span class='pageno' id='Page_413'>413</span><i>Statement of the names of the enemy’s ships in Aix Roads,
+previous to the attack on the 11th April 1809; and of
+the killed and wounded in the action of the 12th of
+April 1809.</i></p>
+
+<p class='c001'><span lang="fr"><i><a id='corr413.5'></a><span class='htmlonly'><ins class='correction' title='I’Océan'>L’Océan</ins></span><span class='epubonly'><a href='#c_413.5'><ins class='correction' title='I’Océan'>L’Océan</ins></a></span></i></span>, 120 guns, Vice-Admiral Allemande, Capt. Reland.
+Repaired in 1806; on shore under Fouras.</p>
+
+<p class='c001'><span lang="fr"><i>Foudroyant</i></span>, 80, Rear-Admiral Gourdon, Captain Henri.
+Five years old; on shore under Fouras.</p>
+
+<p class='c001'><span lang="fr"><i>Cassard</i></span>, 74, Capt. Faure, Commodore. Three years old;
+on shore under Fouras.</p>
+
+<p class='c001'><span lang="fr"><i>Tourville</i></span>, 74, Capt. La Caille. Old; on shore in the river.</p>
+
+<p class='c001'><span lang="fr"><i>Regulus</i></span>, 74, Capt. Lucas. Five years old; on shore under
+Madame.</p>
+
+<p class='c001'><span lang="fr"><i>Patriote</i></span>, 74, Capt. Mahee. Repaired in 1803.</p>
+
+<p class='c001'><span lang="fr"><i>Jemappe</i></span>, 74, Capt. Fauvan. On shore under Madame.</p>
+
+<p class='c001'><span lang="fr"><i>Tonnerre</i></span>, 74, Capt. Clément de la Roncière. Nine months
+old; never at sea.</p>
+
+<p class='c001'><span lang="fr"><i>Aquilon</i></span>, 74, Capt. Maignon. Old.</p>
+
+<p class='c001'><span lang="fr"><i>Ville de Varsovie</i></span>, 80, Capt. Cuvillier. New; never at sea.</p>
+
+<p class='c001'><i>Calcutta</i>, 56, Capt. La Fone. Loaded with flour and military stores.</p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><i>Frigates.</i></div>
+ </div>
+</div>
+
+<p class='c001'><span lang="fr"><i>Indienne</i></span>, Capt. Proteau. On shore near Isle d’Enette, on her beam-ends.</p>
+
+<p class='c001'><span lang="fr"><i>Elbe</i></span>, Capt. Perrengier.</p>
+
+<p class='c001'><i>Pallas</i>, Capt. Le Bigot.</p>
+
+<p class='c001'><i>Hortense</i>, Capt. Allgand.</p>
+
+<p class='c001'>N.B. One of the three last frigates on shore under Isle Madame.</p>
+
+<p class='c001'>Return of the killed, wounded, and missing:—Two officers,
+eight men, killed; nine officers, 28 wounded; one man
+missing. Total,—48.</p>
+
+<div class='c020'><span class='sc'>Gambier.</span></div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><span class='pageno' id='Page_414'>414</span><i>Return of the names of Officers killed, wounded and missing.</i></div>
+ </div>
+</div>
+
+<p class='c001'><i>Caledonia</i>, Mr. Fairfax, Master of the fleet; contusion of
+the hip.</p>
+
+<p class='c001'><i>Cæsar</i>, W. Flintoft, Acting-Lieut.; killed.</p>
+
+<p class='c001'><i>Theseus</i>, R.F. Jewers, Master’s-Mate; severely wounded
+in the head and hands by powder in the fireship.</p>
+
+<p class='c001'><span lang="fr"><i>Impérieuse</i></span>, Mr. Gilbert, Surgeon’s Assistant, wounded;
+Mr. Marsden, Purser; ditto.</p>
+
+<p class='c001'><i>Revenge</i>, J. Garland, Lieut.; severe contusion of the
+shoulder and side.</p>
+
+<p class='c001'><i>Mediator</i>, J. Segess, Gunner; killed.</p>
+
+<p class='c001'>J. Wooldridge, Capt.; very much burnt.</p>
+
+<p class='c001'>N.B. Clements, Lieut.; slightly burnt.</p>
+
+<p class='c001'>J. Pearl, Lieut.; ditto.</p>
+
+<p class='c001'>N.B. The last three blown out of the <i>Mediator</i> after she
+was set on fire.</p>
+
+<p class='c001'><i>Gibraltar</i>, J. Conyers, Master’s Mate; very badly scorched
+in the face and hands.</p>
+<div class='c020'><span class='sc'>Gambier.</span></div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>Received since the above was written.</div>
+ <div><i>Etna</i>, R.W. Charston, Midshipman, slightly wounded.</div>
+ </div>
+</div>
+
+<hr class='c044'>
+
+<h3 class='c045'>APPENDIX III.</h3>
+
+<p class='c046'>STATEMENT IN THE ADMIRALTY COURT RESPECTING THE
+AFFAIR OF AIX ROADS, SHOWING WHY PART OF
+THE FLEET ONLY WERE ENTITLED TO HEAD MONEY.</p>
+
+<div class='quote'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><span lang="fr"><i>Ville de Varsovie.</i></span></div>
+ </div>
+</div>
+
+<div class='c020'><span class='small'>On Friday, the 15th day of December 1815.</span></div>
+
+<p class='c023'>On which day Pott appeared for the Honourable Thomas
+Lord Cochrane, late Commander of His Majesty’s ship <span lang="fr"><i>Impérieuse</i></span>,
+<span class='pageno' id='Page_415'>415</span>his officers and crew, in obedience to the monition
+issued in this cause from this Right Honourable Court, citing
+the said Lord Cochrane to appear and show cause why distribution
+of the head or bounty money, for the destruction of the
+said ship and other French ships of war, should not be made
+to and amongst the admirals, captains, officers, and seamen of
+all the ships composing the fleet under the command of the
+Right Honourable Admiral Lord Gambier, at the time of the
+attack and destruction of the said ships, and on behalf of his
+said parties objected to such distribution, and in support of
+such objection alleged that the said ship, <span lang="fr"><i>Ville de Varsovie</i></span>,
+was a French ship of war—and together with <span lang="fr"><i>Le Tonnerre</i></span>,
+<span lang="fr"><i>L’Aquilon</i></span>, <i>Calcutta</i>, and <span lang="fr"><i>L’Indienne</i></span>, and several other French
+ships of war, were in the month of April, 1809, at anchor in
+Aix Roads, on the coast of France, and an expedition was
+formed under the orders of the Right Honourable Admiral
+Lord Gambier for the purpose of endeavouring to capture or
+destroy the said French ships of war. That the said expedition
+consisted of His Majesty’s line-of-battle ships, <i>Caledonia</i>,
+<i>Valiant</i>, <i>Revenge</i>, <i>Cæsar</i>, <i>Theseus</i>, <i>Illustrious</i>, <i>Gibraltar</i>,
+<i>Donegal</i>, <i>Hero</i>, <i>Bellona</i>, and <i>Resolution</i>; His Majesty’s
+frigates, <span lang="fr"><i>Impérieuse</i></span>, <i>Indefatigable</i>, <span lang="fr"><i>L’Aigle</i></span>, <i>Emerald</i>, <i>Pallas</i>,
+and <i>Unicorn</i>; His Majesty’s sloops, <i>Lyra</i>, <i>Dotterell</i>, <i>Foxhound</i>,
+<i>Redpole</i>, and <i>Beagle</i>; and His Majesty’s gun-brigs,
+<i>Conflict</i>, <i>Insolent</i>, <i>Fervent</i>, and <i>Growler</i>; and several bomb
+vessels, fireships, explosion vessels, schooners, and cutters,
+and on the 11th day of the said month of April, the preparations
+for that purpose being completed, and the whole of the
+said fleet at anchor in Basque Roads, on the outside of Aix
+Roads, and distant about six miles from the said French
+ships of war, the explosion and firevessels proceeded into
+Aix Roads under the immediate command of the said Lord
+Cochrane, who was on board one of the same, and he commenced
+the attack on the enemy while several of the frigates
+and sloops, gun-brigs and smaller vessels also advanced on
+various points to support them; that in consequence of such
+attack seven of the enemy’s ships were driven on shore, and
+<span class='pageno' id='Page_416'>416</span>on the following day, April 12th, His Majesty’s ship <span lang="fr"><i>Impérieuse</i></span>,
+commanded by the said Lord Cochrane, together
+with His Majesty’s ships <i>Valiant</i>, <i>Revenge</i>, and several of
+the frigates and smaller vessels, forming the inshore or advanced
+squadron, proceeded in and engaged the said enemy’s
+ships so driven on shore; that about three o’clock the said day
+the <i>Impérieuse</i> attacked the <i>Calcutta</i>, one of the said ships,
+mounting 56 guns, and after an obstinate resistance she
+struck her colours to the <span lang="fr"><i>Impérieuse</i></span> and was immediately
+taken possession of and burnt; that the <span lang="fr"><i>Ville de Varsovie</i></span>,
+mounting 80 guns, and <span lang="fr"><i>Aquilon</i></span> and <span lang="fr"><i>Tonnerre</i></span>, mounting 74
+guns each, three more of the enemy’s said ships were also
+attacked by the said inshore or advanced squadron, and after
+sustaining a heavy cannonade the two former about four
+o’clock struck their colours, were taken possession of by the
+boats of the said inshore squadron, and burnt, and the <span lang="fr"><i>Tonnerre</i></span>
+was soon afterwards burnt by the enemy to prevent her
+from being taken by the British ships.</p>
+
+<p class='c001'>That in <em>the evening</em> of the said day His Majesty’s ships
+<i>Cæsar</i> and <i>Theseus</i>, together with some additional fireships
+were sent into Aix Roads from the fleet to make a further
+attack upon the enemy; but the <i>Cæsar</i> having grounded
+before she could get within gun shot of the enemy’s ships,
+the said two ships returned before daylight next morning and
+rejoined the fleet without being able to effect anything
+against the enemy; and on a subsequent day <span lang="fr"><i>L’Indienne</i></span>,
+another of the said French ships, mounting 36 guns, which
+had been driven on shore by the first attack, was also burnt
+by the enemy. And the said Pott further alleged, that during
+the aforesaid attack and destruction of the said enemy’s ships,
+<i>Calcutta</i>, <span lang="fr"><i>Ville de Varsovie</i></span>, <span lang="fr"><i>Aquilon</i></span>, and <span lang="fr"><i>Tonnerre</i></span>; His
+Majesty’s ship, <i>Caledonia</i>, bearing the flag of the Right
+Honourable Admiral Lord Gambier, together with the <i>Cæsar</i>,
+<i>Theseus</i>, <i>Illustrious</i>, <i>Gibraltar</i>, <i>Donegal</i>, <i>Hero</i>, <i>Bellona</i>, and
+<i>Resolution</i>, remained at anchor in Basque Roads above three
+miles distant from the nearest of the enemy’s ships, and were
+<em>not within reach of shot</em> and never <em>were actually engaged
+<span class='pageno' id='Page_417'>417</span>with any of the said ships</em>; and by reason of the premises
+the said several line-of-battle ships are not entitled by law to
+share in the head or bounty money payable for the attack
+and destruction of the said several French ships of war, and
+in verification of what he so alleged the said Pott craved
+leave to refer to extracts from the log books of the said line-of-battle
+ships to be by him exhibited, and to the despatch
+sent by the said Lord Gambier to the Lords Commissioners
+of the Admiralty, bearing date 14th April 1809.</p>
+
+<p class='c001'>Wherefore he prayed the Right Honourable the Judge
+to reject the claim of the said ships, <i>Caledonia</i>, <i>Cæsar</i>, <i>Theseus</i>,
+<i>Illustrious</i>, <i>Gibraltar</i>, <i>Donegal</i>, <i>Hero</i>, <i>Bellona</i>, and
+<i>Resolution</i>, and to decree the several ships of war belonging
+to the said fleet who were <em>actually engaged with the enemy</em>
+to be the only ships legally entitled to the said head or
+bounty money, and to direct the distribution to be made
+to them and to the said ship <span lang="fr"><i>Impérieuse</i></span> accordingly.</p>
+
+</div>
+
+<hr class='c044'>
+
+<h3 class='c045'>APPENDIX IV</h3>
+
+<div class='nf-center-c0'>
+<div class='nf-center c047'>
+ <div>CONFIRMATION OF THE PRECEDING.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<p class='c019'>It appears by the log-books of the ships and vessels under
+the command of Admiral Lord Gambier, in Basque Roads,
+on the 11th and 12th of April, 1809, and also by his Lordship’s
+official letter to the Admiralty, and by the Minutes of
+Evidence on his Lordship’s court-martial, that, in consequence
+of an attack made on the evening of the 11th upon
+the French fleet, then lying at anchor in the Roads of Aix,
+by explosion vessels and fireships, under the command of
+Lord Cochrane, the greater part of the French ships cut or
+slipped their cables and ran on shore.</p>
+
+<p class='c001'>It further appears that Lord Cochrane in the <span lang="fr"><i>Impérieuse</i></span>
+frigate remained in an advanced position during the night,
+<span class='pageno' id='Page_418'>418</span>and that at daylight the following morning he made the
+signal by telegraph to Lord Gambier (who remained with the
+fleet at its anchorage in Basque Roads, at the distance of
+about six miles from the enemy) that seven of the enemy’s
+ships were on shore and might be destroyed.</p>
+
+<p class='c001'>It further appears that, in consequence of the above-mentioned
+signal, or of subsequent signals of a similar or nearly
+similar purport, Lord Gambier caused the fleet to unmoor
+and weigh, either immediately after the first signal, according
+to his Lordship’s aforesaid official letter, or after an interval
+of some time, according to the evidence of some of the witnesses
+on his Lordship’s court-martial: but that he again
+caused the fleet to come to an anchor at a distance of more
+than three miles from the enemy.</p>
+
+<p class='c001'>It also appears that Lord Cochrane, in the <span lang="fr"><i>Impérieuse</i></span>,
+<em>without assistance and without orders</em>, proceeded to the attack;
+and that it was not till after his Lordship had made
+the signal that the enemy was superior, which is coupled with
+the signal of distress, that Lord Gambier sent in <em>a part</em> of the
+fleet to his assistance; and it further appears by his Lordship’s
+aforesaid official letter, and by a due comparison of the
+minutes of evidence on the aforesaid court-martial, that the
+<i>Calcutta</i> had surrendered to the <span lang="fr"><i>Impérieuse</i></span> before any of the
+vessels ordered to her assistance had joined.</p>
+
+<p class='c001'>And it further appears that the ships and vessels which
+were ordered to join the <span lang="fr"><i>Impérieuse</i></span>, in consequence of the
+last-mentioned signal, or, according to a further official letter
+of Lord Gambier, in consequence of the <span lang="fr"><i>Impérieuse</i></span> being
+observed to advance, did arrive shortly after the surrender of
+the <i>Calcutta</i>, and joined in the attack on such others of the
+enemy’s ships as had not had time to effect their escape; and
+it further appears that, in consequence of such attack by a
+part of the fleet only, the <span lang="fr"><i>Aquilon</i></span> and <span lang="fr"><i>Ville de Varsovie</i></span>
+were captured and destroyed, and the <span lang="fr"><i>Tonnerre</i></span> set on fire by
+the enemy.</p>
+
+<p class='c001'>And, lastly, it appears that the only ships participating in
+the attack were the following:—</p>
+
+<table class='table1'>
+<colgroup>
+<col class='colwidth35'>
+<col class='colwidth25'>
+<col class='colwidth2'>
+<col class='colwidth35'>
+</colgroup>
+ <tr><td class='c027' colspan='4'><span class='pageno' id='Page_419'>419</span></td></tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048'><span lang="fr"><i>Impérieuse</i></span>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048'><i>Valiant</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048'><i>Revenge</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048'><i>Indefatigable</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048'><i>Unicorn</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048'><i>Aigle</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048'><i>Emerald</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048'><i>Pallas</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048'><i>Beagle</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048' colspan='2'><i>Etna</i> bomb, and</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>The</td>
+ <td class='c048'><i>Insolent</i>,</td>
+ <td class='c049' rowspan='5'> <img class="inline" src="images/rbracket_100.jpg" alt=""></td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>&#160;</td>
+ <td class='c048'><i>Conflict</i>,</td>
+
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>&#160;</td>
+ <td class='c048'><i>Encounter</i>,</td>
+
+ <td class='c050'>Gun-Brigs.</td>
+ </tr>
+ <tr>
+ <td class='c011'>&#160;</td>
+ <td class='c048'><i>Fervent</i>,</td>
+
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>&#160;</td>
+ <td class='c048'><i>Growler</i>,</td>
+
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>and that the</td>
+ <td class='c050' colspan='3'><i>Caledonia</i>, Admiral Lord Gambier,</td>
+ </tr>
+ <tr>
+ <td class='c011'>the</td>
+ <td class='c050' colspan='3'><i>Cæsar</i>, Rear-Admiral Stopford,</td>
+ </tr>
+ <tr>
+ <td class='c011'>and the</td>
+ <td class='c048'><i>Donegal</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>&#160;</td>
+ <td class='c048'><i>Resolution</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>&#160;</td>
+ <td class='c048'><i>Theseus</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>&#160;</td>
+ <td class='c048'><i>Gibraltar</i>,</td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>&#160;</td>
+ <td class='c048' colspan='2'><i>Illustrious</i>, and</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+ <tr>
+ <td class='c011'>&#160;</td>
+ <td class='c048'><i>Bellona</i></td>
+ <td class='c049'>&#160;</td>
+ <td class='c050'>&#160;</td>
+ </tr>
+</table>
+
+<p class='c023'>remained at anchor with the commander-in-chief, and were
+<em>in no respect</em> aiding or assisting in the attack upon the
+enemy’s ships, or accessary to their capture or destruction.</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c051'>
+ <div><span lang="fr"><i>L’Aigle.</i></span></div>
+ </div>
+</div>
+
+<div class='sidenote'>April 12.</div>
+
+<p class='c052'>Captain’s log erroneous, and date of the <i>Calcutta’s</i> striking
+altered.</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c051'>
+ <div><i>Emerald.</i></div>
+ </div>
+</div>
+
+<div class='sidenote'>Captain’s log.</div>
+
+<p class='c052'>At 12·30 saw the <span lang="fr"><i>Impérieuse</i></span> and <i>Etna</i> bomb open fire
+upon the enemy. At 1·30 answered signal 236. (<i>Note.</i>—By
+the <i><a id='corr419.35'></a><span class='htmlonly'><ins class='correction' title='Caledonia’s'>Caledonia’s</ins></span><span class='epubonly'><a href='#c_419.35'><ins class='correction' title='Caledonia’s'>Caledonia’s</ins></a></span></i> signal, log 336): one hundred having
+been added to the numbers that day.</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c051'>
+ <div><i>Growler.</i></div>
+ </div>
+</div>
+
+<div class='sidenote'>Ship’s log</div>
+
+<p class='c052'>10·30 answered signal 314. Commander went on board
+<span class='pageno' id='Page_420'>420</span>the Admiral. (<i>Note.</i>—No notice is taken of the fleet weighing.)</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c051'>
+ <div><i>Conflict.</i></div>
+ </div>
+</div>
+
+<div class='sidenote'>Ship’s log.</div>
+
+<p class='c052'>Weighed at 11 <span class='fss'>A.M.</span></p>
+
+<p class='c052'><span class='fss'>P.M.</span> at 1 made sail for the anchorage of Isle d’Aix. At
+3 came to, and commenced action with the enemy’s ships
+on shore. At 4·30 answered signal as per margin<a id='r105'></a><a href='#f105' class='c016'><sup>[105]</sup></a> made by
+<i>Imp</i>&#160;&#160;&#160;\. At 5 observed four of the enemy’s ships on
+fire! left off action. (<i>Note.</i>—Two of which were not burnt
+till next day.)</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c051'>
+ <div><i>Indefatigable.</i></div>
+ </div>
+</div>
+
+<div class='sidenote'>Captain’s log.</div>
+
+<p class='c052'>At 11·40 weighed for signal in company with the squadron.</p>
+
+<div class='sidenote'>No ship’s or master’s log from March 15 1809!]</div>
+
+<p class='c052'>At 12·15 shortened sail to let go the anchor. At 2 <span class='fss'>P.M.</span>
+answered signals No. 166 and 366, with compass signal
+south. Weighed and made sail in for Isle d’Aix Roads, to
+assist H.M.S. <span lang="fr"><i>Impérieuse</i></span>. <em>Then engaged with the enemy’s
+line-of-battle ships.</em> At 3·30 shortened sail and came to
+in seven fathoms with a spring on the cable, and commenced
+firing on the enemy.</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c051'>
+ <div><i>Insolent.</i></div>
+ </div>
+</div>
+
+<div class='sidenote'>April 12, Ship’s log.</div>
+
+<p class='c052'>At 11·30 weighed for order of the Admiral. At 2 <span class='fss'>P.M.</span>
+anchored in six fathoms. At 3 weighed and <em>observed Calcutta
+had struck</em>.</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c051'>
+ <div><i>Pallas.</i></div>
+ </div>
+</div>
+
+<p class='c052'>At 12·15 anchored H.M.S. <i>Caledonia</i>.</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c051'>
+ <div><i>Revenge.</i></div>
+ </div>
+</div>
+
+<p class='c052'>No Master’s or ship’s log.</p>
+
+<p class='c052'>No Captain’s log.</p>
+
+<p class='c052'>Lieut. Garland, who had sent in previous logs has furnished
+no account of the proceedings in April 1809 until
+the 24th, and the date of the commencement of the said log
+is obviously altered, as will clearly appear both as to the
+month and the day.</p>
+
+<p class='c052'><span class='pageno' id='Page_421'>421</span>Lieut. Millon, also of the <i>Revenge</i>, ends his log on the
+31st of March 1809; although on the title-page he states
+it to contain the transactions of that ship between the 18th
+of July 1808, and the 19th of July 1809! And the
+Captain’s certificate annexed, is dated the 17th of July
+1809!</p>
+
+<p class='c052'>The logs of the other Lieutenants do not appear.</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c051'>
+ <div><i>Etna.</i></div>
+ </div>
+</div>
+
+<p class='c052'>At 11 <span class='fss'>A.M.</span> the Captain went on board the Admiral’s ship.
+Weighed and made sail by signal, as did the fleet to the
+southward. At 12, fleet anchored about three miles from
+the Isle d’Aix. At 1 the Captain came on board, steered in
+for the enemy’s fleet.</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c051'>
+ <div><i>Beagle.</i></div>
+ </div>
+</div>
+
+<p class='c052'>At 11 <span class='fss'>A.M.</span> starboard and larboard division weighed with
+with fleet—standing off and on. Fleet anchored; the <span lang="fr"><i>Impérieuse</i></span>
+and <i>Etna</i> bore up for the enemy. At 2·15 <span lang="fr"><i>Impérieuse</i></span>
+made signal to Admiral and anchored with springs
+and opened her fire. At 2·30 Admiral made sign to frigates
+<i>Pallas</i>, <span lang="fr"><i>L’Aigle</i></span>, <i>Emerald</i>, <i>Unicorn</i>, <i>Indefatigable</i>, <i>Growler</i>,
+<i>Encounter</i>, <i>Insolent</i> and <i>Conflict</i> to anchor in Charente
+River.</p>
+
+</div>
+
+<hr class='c053'>
+
+<div class='quote'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><i>Extract from the Log-book of H.M.S. Gun-brig Insolent.</i></div>
+ </div>
+</div>
+
+<div class='c020'><span class='small'>April 12th, 1809, <span class='fss'>P.M.</span></span></div>
+
+<p class='c001'>At 3, weighed and observed <i>Calcutta</i> had struck.</p>
+<hr class='c053'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><i>Extract from the Signal-book of H.M.S. Caledonia.</i></div>
+ </div>
+</div>
+
+<div class='c020'><span class='small'>April 12th, 1809, <span class='fss'>P.M.</span></span></div>
+
+<p class='c001'>2·50, <span lang="fr"><i>Impérieuse</i></span>—General, 208. [Being the signal to
+close, in consequence of which, the <i>Insolent</i> weighed as
+appears by her log-book at 3 o’clock.]</p>
+
+</div>
+
+<div><span class='pageno' id='Page_422'>422</span></div>
+<div class='quote'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>AFFIDAVIT MADE BY ME, DISCLOSING DE BERENGER AS THE VISITOR TO MY HOUSE ON THE 21ST OF FEBRUARY 1814.</div>
+ </div>
+</div>
+
+<p class='c001'>Having obtained leave of absence to come to Town, in
+consequence of scandalous paragraphs in the public papers,
+and in consequence of having learnt that hand-bills had been
+affixed in the streets, in which (I have since seen) it is asserted
+that a person came to my house, No. 13 Green Street, on the
+21st day of February, in open day, and in the dress in which
+he had committed a fraud, I feel it due to myself to make
+the following deposition, that the public may know the truth
+relative to the only person seen by me in military uniform at
+my house on that day.</p>
+
+<div class='c020'><span class='sc'>Cochrane.</span></div>
+
+<p class='c001'><span class='small'>Dated 13 Green Street, March 11th, 1814.</span></p>
+
+</div>
+
+<div class='quote'>
+
+<p class='c022'>I, <span class='sc'>Sir Thomas Cochrane</span>, commonly called Lord Cochrane,
+having been appointed by the Lords Commissioners of the
+Admiralty to active service (at the request, I believe, of Sir
+Alexander Cochrane) when I had no expectation of being
+called on, I obtained leave of absence to settle my private
+affairs previous to quitting this country, and chiefly with a
+view to lodge a specification to a patent, relative to a discovery
+for increasing the intensity of light. That in pursuance
+with my daily practice of superintending work that
+was executing for me, and knowing that my uncle Mr. Cochrane
+Johnstone went to the City every morning in a coach,
+I do swear on the morning of the 21st of February (which
+day was impressed on my mind by circumstances which afterwards
+occurred) I breakfasted with him, at his residence in
+Cumberland Street, about half-past eight o’clock, and I was
+put down by him (and Mr. Butt was in the coach) on Snow-hill
+about ten o’clock; that I had been about three quarters
+of an hour at Mr. King’s manufactory, at No. 1 Cock Lane,
+when I received a few lines on a small bit of paper, requesting
+me to come immediately to my house; the name affixed,
+<span class='pageno' id='Page_423'>423</span>from being written close to the bottom, I could not read; the
+servant told me it was from an army officer, and concluding
+that he might be an officer from Spain, and that some accident
+had befallen to my brother, I hastened back, and found Captain
+Berenger, who, in great seeming uneasiness, made many
+apologies for the freedom he had used, which nothing but the
+distressed state of his mind, arising from difficulties, could
+have induced him to do; all his prospects, he said, had failed,
+and his last hope had vanished of obtaining an appointment
+in America, he was unpleasantly circumstanced on account of
+a sum which he could not pay, and if he could that others
+would fall upon him for full 8000<i>l.</i> He had no hope of
+benefiting his creditors in his present situation, or of assisting
+himself; that if I would take him with me, he would immediately
+go on board and exercise the Sharpshooters (which
+plan Sir Alexander Cochrane I knew had approved of<a id='r106'></a><a href='#f106' class='c016'><sup>[106]</sup></a>); that
+he had left his lodgings and prepared himself in the best way
+his means allowed. He had brought the sword with him
+which had been his father’s, and to that and to Sir Alexander
+he would trust for obtaining an honorable appointment. I
+felt, very uneasy at the distress he was in, and knowing him
+to be a man of great talent and science, I told him I would
+do everything in my power to relieve him, but as to his going
+immediately to the <span lang="fr"><i>Tonnant</i></span> with any comfort to himself, it
+was quite impossible; my cabin was without furniture, I had
+not even a servant on board. He said he would willingly
+mess anywhere; I told him that the ward-room was already
+crowded, and besides, I could not, with propriety, take him,
+he being a foreigner, without leave from the Admiralty. He
+seemed greatly hurt at this, and recalled to my recollection
+certificates which he had formerly shown me from persons in
+official situations: Lord Yarmouth, General Jenkinson, and
+Mr. Reeves, I think, were amongst the number. I recommended
+him to use his endeavour to get them or any other
+friends to exert their influence, for I had none, adding that
+<span class='pageno' id='Page_424'>424</span>when the <span lang="fr"><i>Tonnant</i></span> went to Portsmouth, I should be happy
+receive him, and I knew from Sir Alexander Cochrane that
+he would be pleased if he accomplished that object. Captain
+Berenger said that not anticipating any objection on my part,
+from the conversation he had formerly had with me, he had
+come away with intention to go on board and make himself
+useful in his military capacity. He could not go to Lord
+Yarmouth or to any other of his friends in this dress (alluding
+to that which he had on), or return to his lodgings, where it
+would excite suspicion (as he was at that time in the rules of
+the King’s Bench), but that if I refused to let him join the
+ship now, he would do so at Portsmouth. Under present circumstances
+however he must use a great liberty, and request
+the favour of me to lend him a hat to wear instead of his military
+cap. I gave him one which was in a back room with some
+things that had not been packed up, and having tried it on, his
+uniform appeared under his great coat, I therefore offered him
+a black coat that was lying on a chair, and which I did not intend
+to take with me; he put up his uniform in a towel, and
+shortly afterwards went away, in great apparent uneasiness
+of mind, and having asked my leave he took the coach I
+came in, and which I had forgotten to discharge, in the haste
+I was in. I do further depose, that the above conversation
+is the substance of all that passed with Captain Berenger,
+which, from the circumstances attending it, was strongly impressed
+upon my mind; that no other person in uniform was
+seen by me at my house on Monday, the 21st of February,
+though possibly other officers may have called (as many have
+done since my appointment); of this, however, I cannot
+speak of my own knowledge, having been almost constantly
+from home, arranging my private affairs. I have understood
+that many persons have called under the above circumstances,
+and have written notes in the parlour, and others have waited
+there, in expectation of seeing me, and then gone away; but
+I most positively swear that I never saw any person at my
+house resembling the description and in the dress stated in
+the printed advertisement of the members of the Stock
+<span class='pageno' id='Page_425'>425</span>Exchange. I further aver, that I had no concern, directly or
+indirectly, in the late imposition, and that the above is all
+that I know relative to any person who came to my house in
+uniform on the 21st day of February, before alluded to.
+Captain Berenger wore a grey great coat, a green uniform,
+and a military cap. From the manner in which my character
+has been attempted to be defamed, it is indispensably necessary
+to state that my connection in any way with the funds arose
+from an impression that in the present favourable aspect of
+affairs, it was only necessary to hold stock in order to become
+a gainer, without prejudice to anybody; that I did so openly,
+considering it in no degree improper, far less dishonourable;
+that I had no secret information of any kind, and that had
+my expectation of the success of affairs been disappointed, I
+should have been the only sufferer. Further, I do most
+solemnly swear, that the whole of the omnium on account
+which I possessed on the 21st day of February 1814
+amounted to 139,000<i>l.</i>, which I bought by Mr. Fearn (I think)
+on the 12th ultimo, at a premium of 28¼; that I did not hold
+on that day any other sum on account, in any other stock,
+directly or indirectly, and that I had given orders when it was
+bought to dispose of it on a rise of 1 per cent, and it actually
+was sold on an average at 29½ premium, though on the day
+of the fraud it might have been disposed of at 33½. I further
+swear, that the above is the only stock which I sold, of any
+kind, on the 21st day of February, except 2000<i>l.</i> in money
+which I had occasion for, the profit of which was about 10<i>l.</i>
+Further, I do solemnly depose, that I had no connection or
+dealing with any one, save the above mentioned, and that I
+did not at any time, directly or indirectly, by myself or by
+any other, take or procure any office or apartment for any
+broker or other person for the transaction of stock affairs.</p>
+
+<div class='c020'><span class='sc'>Cochrane.</span></div>
+
+</div>
+
+<hr class='c035'>
+
+<div>
+ <span class='pageno' id='Page_426'>426</span>
+ <h3 class='c045'>APPENDIX V.</h3>
+</div>
+
+<div class='nf-center-c0'>
+<div class='nf-center c047'>
+ <div>LETTER FROM RICHARD GURNEY, ESQ. TO LORD|COCHRANE.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<div class='c030'><span class='small'>King’s Bench, Sept. 9th, 1814.</span></div>
+
+<p class='c023'><span class='sc'>My Lord</span>,—In replying to your Lordship’s letter of yesterday,
+I beg to observe that several applications have been
+already made to me from several quarters, for the purpose of
+obtaining the particulars of the conversation between the
+Honourable Mr. Murray, another gentlemen, and myself,
+alluded to in your letter, but that I have hitherto refused to
+comply with such applications, for reasons which must be
+sufficiently obvious to every delicate and honourable mind.
+Being requested, however, by your Lordship, to say whether
+“your name” was said to have been connected “by De
+Berenger” with the imposition which he had <a id='corr426.15'></a><span class='htmlonly'><ins class='correction' title='in contemplation,'>“in contemplation,</ins></span><span class='epubonly'><a href='#c_426.15'><ins class='correction' title='in contemplation,'>“in contemplation,</ins></a></span>”
+I can no longer hesitate in giving, to the best of my
+recollection, a statement of the facts relating to your Lordship.</p>
+
+<p class='c001'>A few days before the late trial against your Lordship and
+others, I was informed by Mr. Murray, that he was to be examined
+as a witness on the approaching trial. I asked him
+what was the nature of the evidence he had to give? He
+replied, that De Berenger had some time ago told him that
+he, De Berenger, and Mr. Cochrane Johnstone, had a plan
+in contemplation, which would be the means of putting a
+large sum of money into each of their pockets: that he joked
+De Berenger, and asked him to let him into the secret of the
+plan: that De Berenger laughed, and refused to tell him
+what the plan was, saying it was too good a thing to be made
+known.</p>
+
+<p class='c001'>Mr. Murray added that this conversion with De Berenger
+took place a short time previous to the hoax on the Stock
+Exchange; and that it was imagined, from a combination of
+circumstances, that De Berenger must have had the hoax in
+view when he spoke of the plan between Mr. Cochrane
+Johnstone and himself.</p>
+
+<p class='c001'><span class='pageno' id='Page_427'>427</span>I asked Mr. Murray if your Lordship’s name was mentioned
+by De Berenger? He replied, “<em>Oh, no; nothing
+was said about Lord Cochrane</em>.”</p>
+
+<p class='c001'>I observed that I was glad of this, as I conceived De
+Berenger would certainly have mentioned your name as well
+as Mr. Cochrane Johnstone’s, had your Lordship been in
+the plot.</p>
+
+<p class='c001'>Mr. Murray rejoined, “<em>Yes, I think it very probable</em>.”</p>
+
+<p class='c001'>The morning after, Mr. Murray, in accidentally recapitulating
+the conversation between De Berenger and himself,
+remarked, that upon recollection he thought your Lordship’s
+name was mentioned by De Berenger, and presently afterwards
+he observed, that, on reconsideration, your Lordship’s
+name certainly was mentioned. I naturally felt surprised at
+this statement, it being so contradictory to that of the preceding
+day, and took the liberty of observing to Mr. Murray,
+that I conceived he would act wrong, however correct his intentions
+might really be, to give any evidence respecting your
+Lordship, after so strangely forgetting himself as to the only
+part of the conversation which could affect your case.</p>
+
+<p class='c001'>Other conversation passed, but I am not so positive and
+clear in my recollection of it as of that which I have detailed
+to your Lordship.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>I have the honour to be, &#38;c.,</div>
+ <div class='line in11'><span class='sc'>Richard Gurney</span>, Jun.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<hr class='c035'>
+<h3 class='c045'>APPENDIX VI.</h3>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div>LETTER FROM LIEUT. PRESCOTT TO LORD COCHRANE.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>King’s Bench, Nov. 28th, 1814.</span></div>
+
+<p class='c023'><span class='sc'>My Lord</span>,—Having been requested by your Lordship to
+commit to writing the information which I communicated to
+you some months ago, I have no hesitation in complying with
+your request.</p>
+
+<p class='c001'><span class='pageno' id='Page_428'>428</span>The substance of the account which I received from the
+persons whose names I mentioned to you, and who may be called
+upon if required, is, that they were of the party at a dinner,
+which was termed, “The Stock Exchange Dinner,” provided
+by order of Mr. Harrison, at Davey’s Coffee-house in the
+Bench, on the day before the <em>trial</em>; at which dinner the
+Honourable Alexander Murray was also of the party, which
+consisted of seven or eight persons: that after they had dined,
+and the bottle had gone briskly round, Harrison said to
+Mr. Murray (who was then, and still is, a prisoner for debt)
+that he would get his affairs settled; <em>and as he should receive
+a large sum from the Exchange for the conviction of Lord
+Cochrane, if he (Murray) wanted 50l. he should have it to-morrow;
+proposing at the same time, “Success to the Stock
+Exchange,” which was drunk in claret with loud cheering</em>:
+that this took place in the public coffee-room, before many
+persons both in the room and looking in at the windows, the
+dinner attracting considerable attention from its style, which
+was unusual in the Bench: that Mr. Harrison, in answer to
+a remark from one of the bystanders, that the dinner would
+cost a round sum, said, it did not signify if it cost 50<i>l.</i>, as the
+Stock Exchange would pay for it: that when the majority of
+the party had drunk as much as they could or were willing to
+drink, Mr. Harrison ordered several full bottles to be placed
+on the table; and the task of finishing the wine which
+remained devolving at length on the Honourable Alexander
+Murray, and he being unable to accomplish it by himself, he
+went into the lobby of the prison, and procured two of the
+turnkeys to assist him.</p>
+
+<p class='c001'>The further account of one of the persons above alluded to
+(who usually messed with Mr. Murray), is, that for some time
+previous to the trial Harrison was daily with Mr. Murray,
+dining and drinking with him; and that he was present when
+Harrison visited Mr. Murray, accompanied by the solicitors,
+Messrs. H. and R.; on which occasion Harrison said to
+Mr. Murray, “Here are the gentlemen who will accomplish
+your wishes;” and one of those gentlemen replied, “<em>Yes,
+<span class='pageno' id='Page_429'>429</span>Mr. Murray, after this trial of Lord Cochrane has past,
+we will then attend to your liberation</em>:”<a id='r107'></a><a href='#f107' class='c016'><sup>[107]</sup></a> that he heard Mr.
+Harrison declare in the lobby, as did many other persons,
+that he should receive a sum of money <em>if he could procure
+evidence which would convict Lord Cochrane</em>; intimating at
+the same time, that he was induced to offer his services to the
+Stock Exchange, in procuring evidence against him, by his
+personal antipathy to the whole family of the Cochranes,
+which he said would never subside while he breathed; that,
+subsequent to the trial, he has <em>repeatedly heard Mr. Murray
+express himself sorry for having appeared in Court against
+Lord Cochrane, and acknowledge that he had been the dupe
+of Harrison</em>, in persuading him that his solicitors would
+undertake the arrangement of his affairs and effect his
+liberation, provided he would appear as an evidence against
+Lord Cochrane at the trial.<a id='r108'></a><a href='#f108' class='c016'><sup>[108]</sup></a></p>
+
+<p class='c001'><em>Shortly before</em> the trial I addressed two letters to your
+Lordship on the subject of Harrison’s visiting and tampering
+with Mr. Murray, who was expected to appear as an evidence
+against you; but your Lordship did not answer those letters,
+nor attend at that time to my communications. The fact,
+however, was notorious in the Bench. Of my own knowledge
+I have only to add, that on the day of the Stock Exchange
+Dinner (as it was called), my attention was attracted
+by the noise of the entertainment and the number of people
+collected; and I went into the coffee-room and saw the party
+at the table, as did many other persons; and towards the
+close of the evening I saw Mr. Murray return from the lobby
+into the coffee-house, accompanied by one of the turnkeys.
+<span class='pageno' id='Page_430'>430</span>It was well known <em>that Harrison was in a state of extreme
+indigence previous to the trial</em><a id='r109'></a><a href='#f109' class='c016'><sup>[109]</sup></a>; but shortly afterwards, I
+was present when <em>he took a considerable number of bank-notes
+out of his pocket</em>, and saw him place a 50<i>l.</i> note in the
+hands of a gentleman, to remain till an account with Mr.
+Lewis was investigated. I have also heard Harrison declare,
+in the presence of other persons, <em>that he would ruin the
+whole Cochrane family</em>.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>I am your Lordship’s most obedient servant,</div>
+ <div class='line in10'><span class='sc'>Thomas Prescott</span>.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<hr class='c035'>
+<h3 class='c045'>APPENDIX VII.</h3>
+
+<p class='c018'>MINUTES FURNISHED TO MESSRS. FARRER AND CO. MY
+SOLICITORS AT THE TRIAL, AT THEIR OWN REQUEST,
+AND ENDORSED BY THEM, “LORD COCHRANE’S MINUTES
+OF CASE.”</p>
+
+<div class='quote'>
+
+<p class='c019'>Lord Cochrane was not in habits of intimacy with De
+Berenger.</p>
+
+<p class='c001'>De Berenger never broke bread in Lord Cochrane’s house;
+and never, as far as Lord Cochrane knows, sat down in it.<a id='r110'></a><a href='#f110' class='c016'><sup>[110]</sup></a></p>
+
+<p class='c001'>Lord Cochrane’s servants never carried a note or letter
+to De Berenger, or put any note or letter into the post for
+him.</p>
+
+<p class='c001'>De Berenger’s servants never brought any note or letter
+to Lord Cochrane, or forwarded any addressed to him.</p>
+
+<p class='c001'>The only person who came to No. 13 Green Street, on the
+21st of February, in uniform, or the appearance of uniform,
+was De Berenger.</p>
+
+<p class='c001'>De Berenger wore a grey great-coat, without any trimming;
+<span class='pageno' id='Page_431'>431</span>and had a green coat, or a coat with a green collar,
+under it.<a id='r111'></a><a href='#f111' class='c016'><sup>[111]</sup></a></p>
+
+<p class='c001'>De Berenger sent a note to Lord Cochrane, which was
+delivered to him at Mr. King’s manufactory, where he was
+in the daily habit of going.</p>
+
+<p class='c001'>The Hon. Major Cochrane was dangerously ill, and confined
+to his bed, at that time in Spain.<a id='r112'></a><a href='#f112' class='c016'><sup>[112]</sup></a></p>
+
+<p class='c001'>Lord Cochrane was appointed to command the <span lang="fr"><i>Tonnant</i></span>
+but had obtained leave of absence to draw up and lodge the
+specification to a patent.</p>
+
+<p class='c001'>His leave of absence was to expire on the<a id='r113'></a><a href='#f113' class='c016'><sup>[113]</sup></a>
+and he did write such specification, and lodge it on the<a id='r114'></a><a href='#f114' class='c016'><sup>[114]</sup></a></p>
+
+<p class='c001'>The man who happened to open the door to De Berenger
+had been hired for the express purpose of going into the
+country to relieve Lord Cochrane’s sea-steward, and did so
+accordingly.</p>
+
+<p class='c001'>No man whatever lived in Lord Cochrane’s house, except
+himself and one or two servants.</p>
+
+<p class='c001'>The servants, who were discharged, had received a regular
+month’s warning, and left in consequence thereof.</p>
+
+<p class='c001'>On<a id='r115'></a><a href='#f115' class='c016'><sup>[115]</sup></a>&#160;&#160;&#160;&#160;&#160;&#160;&#160;\, Lord Cochrane directed Messrs. Lance
+and Smallbone to purchase for him 5000<span lang="fr"><i>l.</i></span> omnium for
+money<a id='r116'></a><a href='#f116' class='c016'><sup>[116]</sup></a>; but on going to the office<a id='r117'></a><a href='#f117' class='c016'><sup>[117]</sup></a> with the intention to
+pay for it, he found that he had neglected to bring the
+necessary sum; and having only about 50<span lang="fr"><i>l.</i></span> with him, he
+borrowed of Messrs. Fearn, Lance, and Smallbone, a sum
+equal to the deficiency, except 200<i>l.</i> which was lent to his
+Lordship by Mr. Butt.</p>
+
+<p class='c001'>Mr. Fearn was repaid on the following day<a id='r118'></a><a href='#f118' class='c016'><sup>[118]</sup></a> by the sale of
+the omnium, Lord Cochrane having given orders to sell it, in
+the event of his not being able to come into the city, which
+was the case.</p>
+
+<p class='c001'><span class='pageno' id='Page_432'>432</span>Messrs. Lance and Smallbone repaid themselves, and Lord
+Cochrane returned Mr. Butt the 200<i>l.</i> when he received the
+balance on Saturday the 19th.</p>
+
+</div>
+
+<h3 class='c045'>APPENDIX VIII.</h3>
+
+<div class='quote'>
+
+<div class='c030'>King’s Bench, July 25th, 1814.</div>
+
+<p class='c023'><span class='sc'>Gentlemen</span>,—In consequence of what passed in the House
+of Commons on Tuesday last, I feel it my duty to call upon
+you, as my solicitors on the late trial, for answers to the
+following questions:—</p>
+
+<p class='c001'>Did I ever give you, in writing, any other instructions
+for the brief, than a few observations contained in one sheet
+of paper, which was afterwards endorsed by you, “Minutes
+of Case”?</p>
+
+<p class='c001'>Was not the description of De Berenger’s dress as contained
+in those minutes, namely, “a grey great-coat, without
+any trimming, and a green coat, or a coat with a green
+collar, under it,” understood by you to have reference to
+what could be proved only, and not to imply a doubt in my
+mind as to the colour of the under coat, but merely to
+intimate that the witnesses might only be able to speak to
+the colour of the collar, on account of the body of the coat
+having been concealed by the great-coat?</p>
+
+<p class='c001'>Did not I, at your request, send my servants, Thomas
+Dewman and Mary Turpin, to your office to be examined
+by you preparatory to your drawing the brief? And were
+not you previously in possession of my affidavit, in which
+the coat worn by De Berenger in my presence on the 21st
+of February, is sworn to have been green? And were not
+you aware that my said servants had also made affidavits
+that the officer they saw at my house on that day wore
+a grey great-coat, buttoned up, with a green collar underneath?</p>
+
+<p class='c001'><span class='pageno' id='Page_433'>433</span>Did you not particularly question them as to the colour of
+the under-coat? Did you not expressly ask them whether it
+was a red coat? And whether they could swear that it was
+not a red coat? which they could not, because it was worn
+under a great-coat, which was buttoned up.</p>
+
+<p class='c001'>Was it not in consequence of repeated questions that they
+were induced to admit that the under-coat might be red?
+Did either of my servants admit that any part which he or
+she <span class='fss'>SAW</span> of the under-coat was red?</p>
+
+<p class='c001'>Did you not, in consequence of the examination of my
+servants, insert in the brief that the under-coat worn by De
+Berenger was a red coat with a green collar?</p>
+
+<p class='c001'>Did you ever call my attention to <em>that</em> part of the brief,
+by word or letter? And do you really believe that I was privy
+and consenting to the fact of my counsel being authorised by
+the brief to admit that coat to be red, which I uniformly declared
+to you was green, and which I had sworn to be green?</p>
+
+<p class='c001'>Did you read the whole of the brief to me, or merely detached
+parts? Did I peruse it myself in your presence, or to
+your knowledge? Did you ever, previous to the trial, furnish
+me with a copy of it?</p>
+
+<p class='c001'>Did I ever make any alterations in the depositions of the
+servants, or in any part of the brief, relative to what they
+could depose on the important subject of De Berenger’s
+dress? Did I ever desire you to re-examine them on that
+point?</p>
+
+<p class='c001'>Did I ever, as far as you know and believe, give instructions
+to my counsel? Did I ever attend any consultation? Was
+not my defence mixed with Mr. Johnstone’s contrary to my
+orders? and did you inform me that Mr. Johnstone’s counsel,
+and not my own, was to plead my cause?</p>
+
+<p class='c001'>Was I not, as far as you know and believe, absent from
+London for near three weeks, previous to and up to the
+Monday preceding the trial?</p>
+
+<p class='c001'>Did you ever call the attention of the counsel, by word or
+letter, to the difference between the statement in the brief
+and the affidavits of myself and servants, respecting the dress
+<span class='pageno' id='Page_434'>434</span>of De Berenger? When did the counsel, to the best of your
+belief, discover that difference?</p>
+
+<p class='c001'>Did I not send my servants to Guildhall on the 8th of June,
+the first day of the trial, to be examined? Did I not send you
+a note by them, to inform you that I had sent them for that
+purpose? Did I not send them again on the second day of
+the trial? and did I not write to you on that day, particularly
+requesting that they might be examined? When did you
+receive my second letter? Was it not prior to the close of my
+defence? and if subsequent, was it not at least several hours
+prior to the close of De Berenger’s defence? Had the counsel,
+to your knowledge, resolved at all events not to examine my
+servants? Did you communicate to me such their determination?
+Have you any reason to believe that I had the least
+knowledge, prior to the trial being closed, that my servant
+would not be, or had not been, examined?</p>
+
+<p class='c001'>If I had been informed that the counsel had refused to
+examine them, might I not have gone into Court, and personally
+demanded the examination of my witnesses?</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>I am, &#38;c.</div>
+ <div class='line in13'><span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c032'><span class='small'>Messrs. Farrer &#38; Co.</span></p>
+
+</div>
+
+<hr class='c040'>
+<div class='quote'>
+
+<div class='c030'><span class='small'>Lincoln’s Inn Fields, Aug. 3, 1814.</span></div>
+
+<p class='c001'><span class='sc'>My Lord</span>,—We were duly honoured with your Lordship’s
+letter of the 25th ult. requiring our answers to many questions
+relating to the late prosecution; but after what has
+passed, and the communications we have already made, we
+hope your Lordship will agree with us in thinking, that it
+would be highly improper in us now to answer any more
+abstract or partial questions. We have, agreeably to your
+uncle’s desire, made out, and now beg leave to inclose you
+our bill in that business, in which you will find most of the
+facts to which your questions relate stated as they occurred.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>We are, &#38;c.</div>
+ <div class='line in10'><span class='sc'>Farrer and Co.</span></div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<hr class='c035'>
+<div>
+ <span class='pageno' id='Page_435'>435</span>
+ <h3 class='c045'>APPENDIX IX.</h3>
+</div>
+
+<p class='c018'>WESTMINSTER ELECTION.—LETTER FROM THE RIGHT
+HON. RICHARD BRINSLEY SHERIDAN TO ARTHUR MORRIS,
+ESQ., HIGH BAILIFF OF WESTMINSTER.</p>
+
+<div class='quote'>
+
+<div class='c030'><span class='small'>Saville Row, Sunday evening, July 10, 1814.</span></div>
+
+<p class='c023'><span class='sc'>Sir</span>,—Observing that you have called a meeting to-morrow,
+to be held in Palace Yard, to consider of a fit person to fill
+up the present vacancy in the representation of the City
+of Westminster, and having myself received very earnest
+applications from numerous and independent bodies of its
+inhabitant householders, requiring that I should meet their
+wishes by proposing myself as a candidate, I take the
+freedom of addressing these lines to you, to say that I
+absolutely decline to be put in nomination in opposition to
+Lord Cochrane.</p>
+
+<p class='c001'>I send you this my determination without concert or
+communication with the respectable persons to whom I have
+above referred, and towards whom I must ever continue to
+give the utmost gratitude.</p>
+
+<p class='c001'>I trust that I need not declare that I should have felt
+greatly honoured by having been again returned the representative
+of Westminster; my title to aspire to that distinction
+is simply that after more than thirty-one years’ service
+in Parliament, I can, without fear of successful contradiction,
+assert that I never gave a vote that was not in
+support of the truth of liberty, and in assertion of the
+people’s rights, duly respecting at the same time the just
+prerogatives of the Crown, and revering the sacred principles
+upon which was founded and maintained the glory and the
+security of our unrivalled Constitution.</p>
+
+<p class='c001'>Holding these opinions, as a public man, have I hitherto
+sat in the House of Commons; and never will I accept a
+seat there but on the sole condition of being the master
+of my own vote and voice—the servant only of my conscience.</p>
+
+<p class='c001'><span class='pageno' id='Page_436'>436</span>As to the present question, which occasions your meeting
+to-morrow, I enter not into it. No man feels more the
+reverence due to the seats of justice, or the confidence due
+to the verdicts of juries. But under the circumstances of
+an expulsion from the House of Commons, I do not hesitate
+to say, that I have a decided opinion that the expelled
+member has a right to appeal to his constituents, with a
+view to the restitution of his seat and the rescue of his
+character.</p>
+
+<p class='c001'>On these grounds, Sir, I will not allow myself to interfere
+with the present appeal made on the part of Lord Cochrane,
+and to which I conceive him to be so justly entitled.</p>
+
+<p class='c001'>In adopting this determination, I beg leave distinctly to
+state, that I waive my claim to solicit the suffrages of the
+electors of Westminster in favour of Lord Cochrane alone.</p>
+
+<div class='lg-container-r c054'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>I have the honour to be, Sir, &#38;c.</div>
+ <div class='line in12'><span class='sc'>Richard Brinsley Sheridan</span>.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<hr class='c035'>
+<h3 class='c045'>APPENDIX X.</h3>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div><span class='small'>[<cite>The Times</cite>, July 12th, 1814.]</span></div>
+ </div>
+</div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>WESTMINSTER MEETING.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<p class='c001'>Yesterday there was a very numerous meeting at Palace
+Yard, convened by the high bailiff, for the purpose of nominating
+a fit and proper person to represent the City of
+Westminster in Parliament.</p>
+
+<p class='c001'>The high bailiff shortly stated the purpose for which the
+present meeting was convened. He had received two letters,
+which it would be his duty to read to them. The one was
+from Lord Cochrane (<em>loud shouts of applause</em>), the other
+from Mr. Sheridan (cries of “<em>No Sheridan!</em>” and loud expressions
+of disapprobation from the multitude who supposed
+that Mr. Sheridan was offering himself as a candidate).</p>
+
+<p class='c001'>The letter from Lord Cochrane was first read. He enclosed
+<span class='pageno' id='Page_437'>437</span>to the high bailiff a full and unmutilated account of the
+defence made by him at the House of Commons, which he
+requested him to read to the meeting.</p>
+
+<p class='c001'>(Many voices called out, “<em>Read, read!</em>” while many others,
+both on account of the great length of it as well as the
+danger of publishing certain passages of it, cried “<em>No, no!</em>”).</p>
+
+<p class='c001'>The high bailiff declined to read it. He then read the
+letter from Mr. Sheridan, waiving his claims in favour of
+Lord Cochrane.</p>
+
+<p class='c001'>The high bailiff then asked if any gentleman had anything
+to propose.</p>
+
+<p class='c001'><span class='sc'>Sir F. Burdett</span> came forward amid the loudest applause.
+He had on many occasions witnessed with pleasure the
+generous feeling and independent spirit of the electors of
+Westminster; but he had never on any occasion witnessed
+the ebullition of their feelings with such satisfaction as on the
+present occasion, as there never was one in which it was more
+important. The question now was, whether an innocent individual
+(<em>loud applause</em>), for so he conceived him to be,
+should be destroyed by the machinations of corruption and
+power, or whether he should be supported by the voice of his
+constituents. He hoped that by the suffrages of the electors
+of Westminster, that character would be maintained which he
+thought had never in any instance been forfeited. They had
+heard a letter read from Mr. Sheridan, who had with great
+propriety and prudence withdrawn his pretensions, such as
+they were. Of the value of that gentleman’s claims and
+pretensions he would not now judge; but he thought that it
+was prudent and polite of him not to press them at present
+against the popular feeling and the current of public opinion.
+They had heard also a letter from Lord Cochrane, who wished
+his defence to be read to them at length. It was not
+surprising that the high bailiff should decline reading that
+statement, or that no other person should be found bold
+enough to do so. At a time when libel was an offence so undefined
+in its nature that no man knew when he might be
+speaking or writing libels, he could not himself say whether
+<span class='pageno' id='Page_438'>438</span>he was not about to speak libels, but that consideration should
+not prevent him from speaking the truth. Lord Cochrane had,
+however, with that fortitude which he had so often displayed
+in the defence of his country, and which had never been more
+strongly displayed than during the late trying occasion,
+ventured boldly to speak his mind in the House of Commons,
+and was now ready to incur all the additional risks of publishing
+the statement he had there made. When he had
+made that statement, the minister of the country, or, as he
+should term him, the <em>nose leader</em> of that illustrious and
+august body (<em>a laugh</em>), not having the power of gagging
+Lord Cochrane, or preventing his assertion of his innocence,
+and knowing well the effect that such an appeal to the public
+would naturally produce, rose, in all the blushing honours of
+his blue ribbon, to impose silence upon the corrupt and
+degraded press that is still suffered to exist in this country.
+At the moment when the House of Commons was going to
+stigmatise Lord Cochrane with an additional vote conveying
+censure, the minister thought that it was not proper that the
+people should hear his defence. Lord Cochrane, feeling,
+however, as a man of honour must do, that no risk was comparable
+to the loss of character, wished, at every hazard, to
+support his hitherto unsullied character and reputation. He
+therefore wished that his address should be read to the
+meeting; but the high bailiff must, on such an occasion, be
+allowed to exercise his own discretion and judgment. When
+the uniform conduct of their chairman was taken into consideration,
+everybody must be convinced that his motives were
+always just and honourable, and therefore it would be most
+unhandsome in them to press him to act contrary to his own
+judgment in this particular instance. He felt it now unnecessary
+to detain the meeting with entering into a detail of
+the case: the statement of the noble lord had, however,
+explained those circumstances which appeared to require
+explanation. He should not now find fault with the jury that
+tried Lord Cochrane (who were, as he was informed, very respectable
+persons); but he should for ever find fault with that
+<span class='pageno' id='Page_439'>439</span>mode of picking out a jury which Lord Cochrane had called
+packing them. He did not mean to find fault with the
+verdict which they found upon the evidence that was laid
+before them—evidence which was so skilfully and so artfully
+got up against him by those who had the arrangement of the
+prosecutor’s case, and which had been so feebly met by those
+who undertook the defence of Lord Cochrane. On such
+evidence they had found Lord Cochrane guilty of a fraud of
+which he was sure that he was as incapable as any gentleman
+whom he had then the honour of addressing. The noble lord
+had certainly charged the noble and learned judge who tried
+him with a false statement of the facts of the case, and with
+a gross misdirection to the jury. As Lord Cochrane had been
+prevented, by the rules of law from having the opportunity of
+having his case re-tried, he now came before the public for
+the vindication of his character. He should contend, however,
+that the rule which was set up against the granting to his
+Lordship a new trial was contrary to the law, as the law never
+requires a man to do impossibilities. As, however, some of
+those who were tried with Lord Cochrane had fled from the
+country, and others were evidently not under his control, it
+was impossible that he should have been able to bring them
+all into court at the time he wished to move for a new trial.
+The principle, however, that the law never requires of a man
+to do impossibilities was maintained on another occasion with
+respect to those proceedings. When, on the part of some
+others who had been tried with him, an objection had been
+made to the indictment as not being sufficiently specific, the
+answer was, it was impossible to make it comprehend every
+point, and that the law did not require impossibilities. If the
+law, however, did not require impossibilities in the one case,
+neither would it require them in another (<em>great applause</em>).
+They must all remember what an impression had been made
+on the public mind before the trial by the publishing of
+evidence, if evidence it could be called, which was given
+before that body that designated themselves the Committee of
+the Stock-Exchange. He was convinced that almost every
+<span class='pageno' id='Page_440'>440</span>man in the court had formed his opinion from this publication
+of evidence, before the Stock-Exchange Committee, before
+Lord Cochrane had been put upon his trial. He had heard
+of what was called the summing up of the noble judge; but
+his idea of a summing up was, the statement of all the items
+on the one side and on the other, without addition or subtraction,
+and presenting to the jury a fair balance. His idea
+of a judge was that he should be a person free from passion
+or strong feeling on the case he was to try; but that he was
+to assist the jury by a clear and impartial statement of the
+evidence on the one side and on the other.</p>
+
+<p class='c001'>The noble judge who tried Lord Cochrane was an eloquent
+person, and, as he thought, his eloquence on this occasion
+had been unfortunate for himself. He thought that he had
+been as eloquent as an advocate, and as an impassioned advocate.
+Indeed, some of his phrases and metaphors appeared
+to him more nearly to resemble the language of poetry (<em>a
+laugh</em>), and would, as he thought, give him fairer pretensions
+to the situation of Poet Laureate, than some who had aspired
+to it (<em>laughter</em>). When he had spoken of “hunting down
+the chase, and getting the skin,” it reminded him of the old
+proverb, “that the man who sold the lion’s skin, while the
+lion was yet alive, was himself killed in the chase.” He believed
+that Lord Cochrane was not yet hunted down; but
+that, on the contrary, he was now turning against his hunters.
+It now remained for the electors of Westminster to vindicate
+the character of an illustrious person who had rendered great
+services to his country (<em>loud applause</em>); services which, if
+he had even been guilty of the meanness imputed to him,
+should, as he thought, have protected him from the degrading
+infamy which it was now intended to have inflicted upon him.
+(“<em>No, no!</em>” from many persons, as expressing a hope that the
+sentence would not be inflicted.) He should hope that the
+malice of his enemies would not prevail; but even if he were
+to suffer that degrading punishment, he would confidently
+look for his acquittal to the unpacked and uncorrupted verdict
+of his constituents and his countrymen at large. He
+<span class='pageno' id='Page_441'>441</span>say, that if Lord Cochrane was to stand in the pillory, he
+should feel it his duty to attend also (<em>loud shouts of applause</em>,
+which lasted for many minutes). The disgrace that might
+be intended for Lord Cochrane, would, so far from stamping
+him with infamy, remove in the public opinion the idea of
+infamy from the punishment of the pillory. No man, that
+had hitherto conceived it an honour to follow the noble Lord
+would, for the future, conceive it infamy to stand in the pillory
+in which he had stood. It appeared to him that instead
+of destroying Lord Cochrane, the infliction of that part of the
+sentence would destroy the punishment of the pillory for the
+future. If even Lord Cochrane had been guilty of the offence
+with which he was charged, would it be supposed that it was
+for that offence he had incurred such vengeance, or would it
+not rather be supposed that the real crime, which could not
+be forgiven, was his bold and independent conduct in the
+defence of their rights and liberties? (<em>applause</em>). This was a
+crime as unpardonable in the eyes of some men as that which
+is called by religious men the sin against the Holy Ghost.
+How marked a difference was there between the punishment
+inflicted upon him and the treatment of the most notorious
+delinquents and depredators of the public purse. They, forsooth,
+are all honest gentlemen, and meant to pay back at
+some time or another; and by places and pensions they were
+often enabled to pay back to the public out of their own
+money. This put him in mind of a story he had once heard
+of a Scotch gardener, who flourished and grew rich while
+his neighbours were failing. One of them, however, having
+got up very early in the morning, met him with a cartful of
+wall-fruit, which he had stripped from their gardens, and
+asked him, “Where are you going?” The Scotchman
+answered, “I am going back again” (<em>a laugh</em>). This was
+the case with the great public delinquents: when they were
+found out, they were let go back again. He had no doubt
+but that with the sense they appeared to entertain, both of
+the innocence and merits of Lord Cochrane, they would enable
+him again to go to the House, not for the purpose of
+<span class='pageno' id='Page_442'>442</span>pruning that hateful system whose branches had extended so
+wide, but for the purpose of laying the axe to the root of
+corruption (<em>applause</em>), in order that a natural and wholesome
+vegetation might take its place. He had exerted himself to
+rescue the property of his gallant brethren in arms from the
+gripe of legal harpies; he had acted with independence in
+circumstances where it was not easy to act independently.
+He thought that a real independent representative, a man not
+connected with or swayed by any party, stood in rather a
+forlorn and difficult situation. Having said so much, he
+should leave the case of Lord Cochrane to their decision; to
+them he should commit not his life, for that he had freely
+and often risked for honour at the cannon’s mouth, but that
+immortal part, which was far dearer to a man of honour than
+his life, his reputation and his character. To them he now
+confidently made his appeal, and he trusted that he should
+not be disappointed. After a few more observations, he concluded
+by moving the following resolution:—</p>
+
+<p class='c001'>“Resolved, that in the opinion of this meeting, Lord
+Cochrane is perfectly innocent of the offence for which he has
+been sentenced to receive an infamous punishment.”</p>
+
+<p class='c001'><span class='sc'>Mr. Wishart</span> seconded the motion. Great pains, he said,
+had been taken to trace one part of the route of De Berenger;
+but not so much with respect to the other. He did not think
+that the witnesses on the trial were perjured; but Berenger
+might have brought the coat along with him in the bundle
+which he held in his hand. Lord Cochrane came forward
+like an innocent man, and stated all that he knew of the
+transaction; nor could it be reasonably inferred that he was
+implicated in the fraud because Berenger came to his house.
+The rule of the Court had placed Lord Cochrane in a most
+difficult and perplexing situation; a rule wholly unknown to
+the best times of the constitution. Judges thus took the law
+in their own hands, and encroached upon the functions of
+Parliament. He did not intend to arraign the conduct of the
+jury, though the verdict of the juries who had condemned
+Russell and Sidney had been subsequently reversed (<em>loud
+<span class='pageno' id='Page_443'>443</span>applause</em>), because it had been improperly obtained, and the
+memory of those illustrious patriots would remain embalmed
+in the recollections of the latest posterity. Many judges had
+been an ornament to the country that gave them birth, such
+as Sir M. Hale, Lord Camden, and others; and would to God
+judges like them always presided in the seat of justice. Every
+man who was actuated by a cause of justice, or by the feeling
+of humanity, would pour the balm of consolation into the
+wounded spirit of the noble Lord, who had deserved so well
+of his country, and who, from some, at least, of his countrymen,
+had met with such an ungrateful return.</p>
+
+<p class='c001'><span class='sc'>Major Cartwright</span> said there was nothing in any part of
+the evidence which warranted the learned lord (Ellenborough)
+in stating that De Berenger came to the house of Lord Cochrane
+emblazoned in all the costume of his crime. Such an
+assertion would only be accounted for upon the supposition,
+that in his charge to the jury he had trusted rather to his
+memory than to his notes. The evidence against Lord Cochrane
+was like a grain of sand in one hand, while that in his
+favour was like Westminster Abbey in the other (<em>loud and
+reiterated applause</em>).</p>
+
+<p class='c001'><span class='sc'>Mr. Walker</span> thought that it was the duty of the noble
+Lord’s constituents to replace him in his situation as Member
+for Westminster (<em>shouts of applause</em>).</p>
+
+<p class='c001'><span class='sc'>Mr. Alderman Wood</span>, when he first heard of the charge
+against Lord Cochrane, had said he was innocent, and that
+he had not the heart nor the disposition to commit a fraud
+(<em>applause</em>). After the trial he was of the same opinion, and
+everything that had since taken place contributed still more
+to strengthen that belief. He had heard from one of the
+jury (who had assured him that others of that jury were of
+the same sentiment), that had the evidence since produced
+been brought forward upon the trial, or had Lord Cochrane
+been in Court and made his own defence, it would have been
+impossible to have found him guilty (<em>bursts of applause</em>). If
+necessary, he could bring the individual alluded to before
+them (“<em>Bravo, bravo!</em>”). When he first heard of the result of
+<span class='pageno' id='Page_444'>444</span>the trial, he, as an elector of Westminster, had been turning
+in his mind whom it might be proper to propose for their representative.
+He was happy to think that now there was no
+opportunity for any deliberation of that kind, for the electors
+of Westminster would do justice to an injured character, and
+return him by their verdict to that House from which he had
+been expelled (<em>loud applause</em>). The resolution was then put
+and carried by acclamation.</p>
+
+<p class='c001'><span class='sc'>Sir F. Burdett</span> then moved the second resolution:—</p>
+
+<p class='c001'>“That it is therefore the opinion of this meeting, that
+Lord Cochrane is a proper person to represent the City of
+Westminster in Parliament, and that he be put in nomination
+at the ensuing election.”</p>
+
+<p class='c001'>This was seconded by <span class='sc'>Mr. Sturch</span>, and carried unanimously,
+and with great applause.</p>
+
+<p class='c001'><span class='sc'>Sir F. Burdett</span> then moved the third:—</p>
+
+<p class='c001'>“That a Committee be appointed for the purpose of carrying
+into effect the foregoing resolutions, with power to add to
+their number.”</p>
+
+<p class='c001'>This was also agreed to, and Sir Francis proposed several
+names, among which were Mr. Alderman Wood, Mr. Brooks,
+Mr. Adams, and Mr. Jones Burdett, &#38;c.</p>
+
+<p class='c001'>The Hon. Baronet next moved the fourth resolution:—</p>
+
+<p class='c001'>“That a subscription be entered into to defray the expenses
+of the ensuing election, toward which it is the bounden duty
+of every elector and friend to purity of election to contribute.”</p>
+
+<p class='c001'>It was seconded by <span class='sc'>Mr. Wishart</span>, who said that as the
+City of Westminster had set an honourable example in returning
+members free of expense, it became their character
+to continue the practice: but their treasury was not inexhaustible,
+and he hoped that every friend to the purity of
+election would come forward and contribute on this occasion
+(<em>applause</em>).</p>
+
+<p class='c001'><span class='sc'>Major Cartwright</span> moved the fifth resolution:—</p>
+
+<p class='c001'>“Resolved—That the thanks of this Meeting be given to
+<span class='pageno' id='Page_445'>445</span>Sir Francis Burdett, and the forty-three honourable members
+who voted against the expulsion of Lord Cochrane.”</p>
+
+<p class='c001'>Sir F. Burdett returned thanks; and, after a vote of thanks
+to the high bailiff, the meeting broke up.</p>
+
+</div>
+<hr class='c035'>
+<h3 class='c045'>APPENDIX XI.</h3>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div><span class='small'>[<cite>The Morning Chronicle</cite>, July 18th, 1814.]</span></div>
+ </div>
+</div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>WESTMINSTER ELECTION.</div>
+ </div>
+</div>
+
+<p class='c023'>On Saturday last, in pursuance of the notice of the high
+bailiff, a numerous body of the Westminster electors met at
+the porch of St. Paul’s, Covent Garden, to choose a fit person
+to represent their city in Parliament. At ten o’clock proclamation
+was made and the writ read, when <span class='sc'>Sir F. Burdett</span>
+came forward on the hustings, and, addressing the electors,
+said, that in pursuance to the unanimous resolutions of the
+electors of Westminster in Palace Yard, he had appeared to
+put in practice that which was unanimously determined on at
+that time, by putting in nomination the person whom they
+had then determined to be worthy to represent them. And such
+was the effect which that unanimous expression of opinion
+had produced, that, almost for the first time, they were not
+faced by any Court candidate; for such was the weight that
+it carried, that it had imposed silence in all quarters
+(<em>applause</em>). It would ill become him to detain them long
+from that great purpose—great it was, for it was the purpose
+of doing justice and maintaining the oppressed which they
+were that day assembled to accomplish, but he thought it his
+duty to add a few words on so novel and important an occasion
+(<em>marks of approbation</em>). The assembly of that day
+presented the most august spectacle to the mind of man—it
+was the image of a free people—of a body of free men,
+appealed to in the last resort, from all minor and inferior
+jurisdictions, by an oppressed individual—oppressed by corrupt
+<span class='pageno' id='Page_446'>446</span>machinations and artful combinations. From whatever
+cause this oppression arose, it was enough that he was oppressed,
+and that he had appealed from his oppressors to the
+justice of the people at large—for the character by which
+the people of England was most distinguished was the love of
+justice (<em>applause</em>). It was needless to attempt to display any
+of the merits peculiar to Lord Cochrane, because whatever
+these merits or demerits, if any such existed (of which he,
+Sir F.B. was not aware), were of little consequence. It was
+not in the view of personal merits or demerits, but in the
+defence of a man oppressed unjustly, as they believed—in
+support of justice, that they were called on to give their
+suffrages on this occasion. Though idle reports or malignant
+artifices had been played off against Lord Cochrane, even had
+they not carried in themselves their own refutation, they
+would have had no weight with the electors of Westminster.
+Free bodies of electors had always shown a disposition to
+support the oppressed, and particularly in the case of that
+individual whose apostacy had done such injury to the cause
+of liberty, and who had always been thought by those who
+knew him intimately, to have been unprincipled—John
+Wilkes. In that case, despite of all dislike to the character
+of the man, he was maintained because he was an object of
+oppression, and because he had avowed those principles of
+public liberty which could never fail to vibrate in the hearts
+of the people of England (<em>loud applause</em>). We had lately
+had amongst us the great sovereigns of distant states, to
+whom we had shown that respect and kindness which they
+claimed, from the regard they had shown to human liberty
+and human happiness; when, had they appeared in their
+artificial characters of princes only, they might have passed
+unheeded without any marks of our affection and regard
+(<em>applause</em>). He regretted that they had now departed from
+this country without seeing what he (Sir F.B.) then saw, and
+which outshone all the shows and entertainments (<em>a laugh</em>)
+with which, as a mark of respect, they had been justly entertained—the
+spectacle of a free people in the act of
+<span class='pageno' id='Page_447'>447</span>maintaining an oppressed fellow-citizen against the arm of
+corruption and power (<em>applause</em>). Such a spectacle as this
+no other nation on the earth could afford....</p>
+
+<p class='c001'>We had heard a great deal lately about hoaxes, especially
+of that in which my Lord Cochrane had been so innocently
+and unfortunately implicated. We have been told of a trial
+by jury, who are supposed to be impartial men, taken at
+random; now my Lord Cochrane has been tried—tho’ I
+think no blame attaches to the jury who tried him, who, I
+think, under the circumstances did their duty—not by a
+jury of the country, but by a packed and selected jury.
+There is no greater hoax than to try a man by such a jury
+(<em>applause and laughter</em>),—and to tell him he had been
+tried by a jury of his country. We have been told that the
+judge should not only be impartial, and sit on the bench as
+a stone, with no feeling, but with all judgment, but that he
+should be a counsel for the prisoner. What sort of counsel
+for Lord Cochrane was my Lord Ellenborough? (<em>Loud
+laughter and applause</em>). Indeed my Lord Cochrane has been
+the most hoaxed of any man (<em>applause</em>).</p>
+
+<p class='c001'>That very morning he (Sir F. Burdett) had been looking
+into a newspaper which was famous for hoaxing, and which
+formerly produced the fabricated French news—he meant the
+<cite>Morning Post</cite> (<em>a laugh</em>). In that paper there was a paragraph,
+stating that the Princess Charlotte was delighted at
+her residence at Carlton House, and was highly gratified to
+see her old friends about her. This he should conceive was
+somewhat of a hoax (<em>a laugh</em>). It was given out to the
+public that those gew-gaws in the parks, that the childish
+amusement of squibs and crackers, were all intended solely
+for the delight of the British public, which public, by the
+way, would have to pay all the expenses out of its own
+pockets. Was not this a hoax? (<em>A laugh.</em>) But there was
+one still greater. There was a large body of placemen who
+grow rich with the public money, and yet were so fastidiously
+delicate that they could not endure that any peculator of a
+different stamp should associate with them. Those immaculate
+<span class='pageno' id='Page_448'>448</span>persons who thus lived by the public purse chose to
+call themselves the representatives of the people of England.
+He trusted that the example set by the City of Westminster
+would spread through every part of the kingdom, and that
+the corrupt would be taught that England was not to be so
+represented. If other places would act like Westminster, and
+return their members to Parliament not only without expense,
+but without the least solicitation, in that case Corruption
+would receive, if not her death-blow, yet such a wound as
+would prevent her from ever re-assuming an influence pernicious
+to the best interests of the country. He would now
+propose to them Sir Thomas Cochrane, commonly called
+Lord Cochrane; as a fit representative to serve them in Parliament
+(<em>great applause</em>).</p>
+
+<p class='c001'><span class='sc'>Mr. Sturch</span> seconded the motion. He had never had any
+personal or political connection with Lord Cochrane till he
+visited his Lordship in prison; and he should support his
+Lordship because he was persuaded that he had been condemned
+on imperfect evidence, and because the severity of
+his sentence was such as to astonish the whole nation.</p>
+
+<p class='c001'>The high bailiff then put the question, which was carried
+with acclamations and unanimously, and the high bailiff then
+declared Lord Cochrane to be elected (<em>loud applause</em>).</p>
+
+<p class='c001'><span class='sc'>Alderman Wood</span> next addressed the meeting. He began
+by alluding to some newspapers which had called his conversation
+with the juryman <em>chit-chat</em>. He denied that it was
+<em>chit-chat</em>; it was a solemn assertion made by a gentleman
+in the name of himself and some of his fellow-jurors. He
+begged the electors to dismiss from their minds these calumnies
+which had appeared respecting Lord Cochrane’s treatment
+of his father. He had made the most anxious inquiries into
+that matter, and had gone late last night to gain more particular
+information; and he was able to assure them positively
+that Lord Cochrane had always been distinguished for his
+kindness, generosity, and attention to his poor unfortunate
+father. It was evident that there existed somewhere a very
+vindictive feeling towards Lord Cochrane. As a proof, he
+<span class='pageno' id='Page_449'>449</span>would mention that order of the Secretary of State which
+directed that the punishment of the pillory should take
+place on the 10th of August (cries of “<em>No Pillory</em>”). Now
+it had always been usual to leave the time to the discretion
+of the Sheriff, who never inflicted this punishment at so early
+a period after the sentence. If he himself were Sheriff he
+should refuse to obey such an order; and should content
+himself with alleging that the time appointed did not suit
+him (<em>great applause</em>). The worthy Alderman concluded by an
+allusion to the paragraph concerning the Princess Charlotte.
+He had reason to know, that in spite of all that high satisfaction
+which she was said to feel in her own residence, she
+had made three attempts to escape (<em>laughter and applause</em>).</p>
+
+<p class='c001'>The usual thanks followed, and the meeting dispersed.</p>
+
+<hr class='c035'>
+<h3 class='c045'>APPENDIX XII.</h3>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div><span class='small'>[Cobbett’s <cite>Political Register</cite>, July 30th, 1814.]</span></div>
+ </div>
+</div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>RE-ELECTION OF LORD COCHRANE.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<p class='c001'>In consequence of the unanimous return of his Lordship to
+fill his seat in Parliament, as one of the representatives for
+the City of Westminster, the following letters passed between
+his Lordship and Mr. Brooks, Treasurer of the Westminster
+Committee. It is a fact, perhaps not generally known, that,
+with the exception of one or two newspapers, the London
+journals have thought proper to refuse giving publicity to
+this correspondence. Such, indeed, is the degraded state of
+our press, that the editor of a Sunday paper, in giving his
+Lordship’s letter, omitted several of the most striking passages
+in it, which, as was done in publishing his defence, he
+supplied with stars!</p>
+
+<div class='lg-container-r c038'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'><span class='pageno' id='Page_450'>450</span><span class='small'>Committee-room, King Street, Covent Garden,</span></div>
+ <div class='line in10'><span class='small'>July 16th, 1814.</span></div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='sc'>My Lord</span>,—I am directed by the Committee of Electors of
+Westminster, appointed at the general meeting held in New
+Palace Yard, on Monday the 11th instant, to acquaint your
+Lordship that you were this morning nominated as a fit and
+proper person to fill the vacancy in the representation of the
+City of Westminster in Parliament, occasioned by your Lordship’s
+expulsion; and that you were immediately re-elected,
+without opposition, and with the most lively expressions of
+universal approbation. The Committee further direct me to
+convey to your Lordship their sincere congratulations on an
+event so happily demonstrative of the sense which your constituents
+entertain of the accusation which has been brought
+against you, <em>and of the very extraordinary proceedings by
+which it has been followed up</em>; and to assure your Lordship
+that it affords them the highest gratification to find that you
+are able to oppose to the envenomed shafts of malice and
+party spirit the impenetrable shield of conscious innocence.
+They rejoice to see that the prejudices occasioned by gross
+and shameless misrepresentation are fast wearing away from
+the public mind; and they trust that the time is near when
+your Lordship’s character will appear as fair and unblemished
+in the view of every individual in the British empire,
+as it now does in the eyes of the electors of Westminster.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>I have the honour to be, my Lord,</div>
+ <div class='line in7'>Your Lordship’s most faithful and obedient servant,</div>
+ <div class='line in19'><span class='sc'>Samuel Brooks</span>, <i>Chairman</i>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>To Lord Cochrane.</span></p>
+
+</div>
+
+<hr class='c055'>
+
+<div class='quote'>
+
+<div class='c030'><span class='small'>King’s Bench, July 18th, 1814.</span></div>
+
+<p class='c001'><span class='sc'>Sir</span>,—Amongst all the occurrences of my life, I can call to
+memory no one which has produced so great a degree of exultation
+in my breast as this, which, through a channel which
+I so highly esteem, has been communicated to me, that, after
+all the machinations of corruption (bringing into play her
+<span class='pageno' id='Page_451'>451</span>choicest agents) have been able to effect against me, the
+citizens of Westminster have, with unanimous voice, pronounced
+me worthy of continuing to be one of their representatives
+in Parliament. Merely to be a member of the
+House of Commons (as now made up) is something too
+meagre to be a gratification to me; but when I reflect on
+that love of country, that devotion to freedom, that soundness
+of judgment, that unshaken adherence to truth and
+justice which have invariably marked the proceedings of the
+citizens of Westminster, and when I further reflect that it is
+of Sir Frances Burdett whom they have now, for the third
+time, made me the colleague, how am I to express, on the
+one hand, my gratitude towards them, and, on the other, the
+contempt which I feel for all the distinctions of birth, and for
+all the wealth, and all the decorations which ministers and
+kings have it, under the present system, in their power to
+bestow. With regard to the case, the agitation of which has
+been the cause of this, to me, most gratifying result, I am in
+no apprehension as to the opinions and feelings of the world,
+and especially of the people of England, who, though they
+may be occasionally misled, are never deliberately cruel or
+unjust. Only let it be said of me:—the <cite>Stock-Exchange</cite>
+have accused; <em>Lord Ellenborough</em> has charged for guilty;
+the <em>Special Jury</em> have found that guilt; the <em>Court</em> have sentenced
+to the pillory; the <em>House of Commons</em> have expelled;
+and the <em>Citizens of Westminster</em> <span class='fss'>HAVE RE-ELECTED</span>. Only let
+this be the record placed against my name, and I shall be
+proud to stand in the Calendar of Criminals all the days of
+my life. In requesting you, sir, to convey these my sentiments
+to my constituents at large, I cannot refrain from
+begging you, and the other gentlemen of the committee, to
+accept my particular and unfeigned thanks.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>I am, Sir, your most obedient, humble servant,</div>
+ <div class='line in36'><span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+<div class='lg-container-l'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'><span class='small'>To Samuel Brooks, Esq., Chairman of the Committee</span></div>
+ <div class='line'><span class='small'>of the Electors of Westminster.</span></div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<hr class='c035'>
+
+<div>
+ <span class='pageno' id='Page_452'>452</span>
+ <h3 class='c045'>APPENDIX XIII.</h3>
+</div>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div>TO THE ELECTORS OF WESTMINSTER.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>King’s Bench, Aug. 10th, 1814.</span></div>
+
+<p class='c023'><span class='sc'>Gentlemen</span>,—It is fresh in your recollection that when
+Lord Ebrington, contrary to my opinion, which was conveyed
+by letter to his Lordship, and at my request read by him
+to the House, made his motion for a remission of that part
+of the sentence which was to have been executed this day,
+Lord Castlereagh was empowered to state that the Prince
+Regent had already done that which it was the object of
+Lord Ebrington’s motion to effect. You will also remember
+that Lord Castlereagh, instead of immediately making his
+communication, and preventing an unnecessary, and consequently
+improper discussion, withheld it from the House for
+a considerable time, and thus afforded the Attorney and
+Solicitor-General and himself an opportunity of making a
+new and violent assault upon my character and conduct.
+Although many of their arguments had been previously refuted,
+and others were well answered at the time, yet it
+was impossible for those honourable Members who entertained
+a favourable opinion of me to answer every accusation
+which the Solicitor-General and others brought forward by
+surprise. It remains, therefore, for me to offer some observations
+in my own defence, in which my reason will appear for
+having suffered some delay to occur in the execution of this
+important duty.</p>
+
+<p class='c001'>In the course of the Solicitor-General’s speech he asserted
+that, in my defence, I had mis-stated the circumstances of
+the transaction, and had charged my solicitors with a gross
+dereliction of duty. I shall show that I have neither mis-stated
+circumstances nor made any unfounded accusation.
+He further asserted that he would take upon himself to say
+that the brief had been drawn up from my own instructions.
+The fact is, I have never denied that I gave instructions for
+<span class='pageno' id='Page_453'>453</span>the brief. It is true, however, that I gave no specific instructions
+to counsel, and attended no consultation; but it is
+obvious that without some instructions or some information
+from me to my solicitors there could have been no brief
+at all. My solicitors themselves applied to me for written
+instructions, and I, of course, furnished them with such particulars
+as occurred to me on the subject, which are written on
+one sheet of paper, and might have been written on one page.
+This paper is indorsed by my solicitors, “Lord Cochrane’s
+Minutes of Case,” and may be seen in my possession.<a id='r119'></a><a href='#f119' class='c016'><sup>[119]</sup></a></p>
+
+<p class='c001'>I apprehend that it was the duty of my solicitors to have
+sent me a copy of the brief, which, however, they did not;
+and I repeat that, previous to the trial, I never read it.
+It appears that they particularly called my attention to an
+unimportant circumstance which they had inserted in the
+brief, or the examinations attached, in consequence of an
+erroneous communication from my servant, who had confounded
+the circumstances of two different occurrences.<a id='r120'></a><a href='#f120' class='c016'><sup>[120]</sup></a>
+This was the “one particular” which the Solicitor-General
+says that I myself corrected. I admitted that this error
+was expunged by my authority, and opposite the four lines
+which contained it, is written, “Read this to Lord Cochrane,”
+which I think is an argument that the greater part of the
+<span class='pageno' id='Page_454'>454</span>brief was not read to me; particularly as there are twelve lines
+expunged in another place, opposite which my name does
+not appear. My solicitors, however, assert, that though I
+did not read the brief myself, they read the greater part of
+it to me; and on their assertion I will admit that they did
+so, though I have no recollection of the fact. But if it
+could be shown that they drew my attention to every line
+of the brief, except only to that one most important point,
+the description of De Berenger’s dress, which immediately
+follows the four lines expunged, I still think that they were
+guilty of very reprehensible negligence. In my affidavit,
+which was before them, and was introduced into the brief,
+the coat worn by De Berenger is sworn to have been <em>green</em>; and
+in the examinations attached to the brief it is stated to have
+been <em>red</em>. It is impossible that this most important difference
+could have escaped their observation, and yet it is true that
+they never called my attention to it. I may affirm, without
+fear of being again contradicted, that I did not know that
+the dress of De Berenger, which I had sworn to be green,
+was in any part of the brief, much less in the examinations
+of my servants, described to be red; because it is
+impossible, unless I had been absolutely insane, that I should
+not only have been satisfied with a brief which authorised
+my counsel to contradict my own affidavit, but have been
+anxious to send my servants into court to give evidence against
+me.</p>
+
+<p class='c001'>If my solicitors actually read this part of the brief to
+me, it was obvious that I was not giving that attention which
+a man conscious of guilt naturally would have given. The
+word “<span class='fss'>RED</span>,” if I had heard it, must have instantly excited
+my particular notice. But “if the difference between red and
+green escaped my observation,” what did my solicitors “think”<a id='r121'></a><a href='#f121' class='c016'><sup>[121]</sup></a>
+of it? My accusers chiefly depended for my conviction
+<span class='pageno' id='Page_455'>455</span>on proving that De Berenger appeared before me in the red
+coat in which he committed the fraud. Is it possible that
+one of my solicitors should have read it to me and not have
+said, “You observe, Lord Cochrane, that this is contradictory
+to your affidavit?” To have read it to me without a
+pause, and have suffered it to pass without observation, is,
+I think, as negligent as not to have read it at all; and is
+wholly irreconcileable with the assertion of Mr. Abercrombie,
+that both parts of the brief were read over to me with the
+utmost care.</p>
+
+<p class='c001'>If, in my defence in the House of Commons, I did not
+state the manner in which I apprehend the difference between
+the brief and the affidavit originated, it was because
+I could not have stated it without throwing the more blame
+on my solicitors than I felt inclined to do. I have been
+challenged by the Attorney-General to unseal the lips of
+my solicitors and counsel. My solicitors, however, did not
+wait for me to unseal their lips, as is evident by what is
+called the counter-statement, with which they thought proper
+to furnish Mr. Abercrombie and others; and I think it
+rather unreasonable to require me to unseal the lips of my
+counsel to qualify them to give evidence against me, when
+I could not succeed in unsealing their lips on the trial to
+speak one word in my behalf. My own counsel, Mr.
+Topping and Mr. Scarlett, whom I fully expected would have
+advocated my cause, never spoke in my defence. In saying
+this, however, I cast no blame on those gentlemen, because
+I have no doubt that, under the circumstances then known to
+them, they acted as they thought best. Neither do I mean
+to blame Mr. Serjeant Best (the counsel for Mr. Johnstone),
+who, contrary to my expectation and direction, defended
+my cause in conjunction with that of his own client. He
+made as able a speech as any advocate could have done,
+with the information he possessed, and under his then
+circumstances; but he intimated at the time, and afterwards
+authorised me to assert, that he was not able to do
+justice to the cause; and it is a just ground of complaint,
+<span class='pageno' id='Page_456'>456</span>that after Mr. Serjeant Best had been exhausted by fifteen
+hours’ close attention and confinement, he was not allowed
+a few hours to recover himself and prepare for the defence.</p>
+
+<p class='c001'>To return: I do, however, accept the daring of the Attorney-General,
+and freely release my solicitors and counsel from
+every obligation of secresy.<a id='r122'></a><a href='#f122' class='c016'><sup>[122]</sup></a> I might perhaps have done this
+sooner, but the delay has not been occasioned by any doubt
+in my mind as to the propriety of the step, or fear of the
+consequences. I thought, however, after the statement which
+has been circulated by my solicitors, that it was my duty,
+in the first place, to put to them certain questions, which I
+was not aware would have occasioned much delay; but after
+a lapse of nearly a fortnight, they wrote to inform me, that
+they thought it would be improper to answer those questions.
+I now lay them before the public.</p>
+
+<p class='c001'>I particularly authorise the counsel employed for the defence,
+to state their reasons for determining to defend me
+conjointly with Mr. Johnstone, contrary to the opinion of
+Mr. Adam expressed on the 6th of May, contrary to their
+own opinion expressed on the 24th of May, and contrary
+to my opinion and direction expressed on the 29th of May;
+and I also particularly authorise them to assign the reason
+for their opinion, that no witnesses ought to be examined on
+my part<a id='r123'></a><a href='#f123' class='c016'><sup>[123]</sup></a>; and especially their reasons for not examining my
+<span class='pageno' id='Page_457'>457</span>servants on the subject of De Berenger’s dress, notwithstanding
+my earnest desire to have them examined. I am also
+willing, nay, I am anxious, that Mr. Serjeant Best should
+state, whether, when he admitted that the coat was red, and
+not green, he did not imagine that I had sworn falsely by
+design? I know that in his speech he attributed my description
+of the coat to error only, but I am anxious to know
+whether he did so from his feelings as a man or his sense of
+duty as an advocate? Until I am better informed, I shall
+incline to the opinion that he was actuated by the latter feeling
+only; because, if he really imagined that he had to
+defend an innocent man, I do think that he would not, without
+previously communicating with me on the subject, have
+had recourse to the dangerous expedient of admitting that to
+be <em>red</em> which I have sworn to be <em>green</em>, however embarrassed
+he might have been by the confusion of his brief, or exhausted
+by the fatigue and long confinement which he had
+undergone.</p>
+
+<p class='c001'>I stated in the House of Commons that I gave no instructions
+to counsel, and attended no consultation. I now see
+the folly of this negligence; for if I had personally attended
+to my interests, and conferred with my advocates on the subject,
+I have no doubt that I should have fully convinced them
+of my innocence. I believe that, subsequent to the trial,
+there is not a single individual with whom I have conferred
+on the subject who has not left me with that impression.</p>
+
+<p class='c001'>To come now to the manner in which the error in the
+brief originated, I have no hesitation in acknowledging that
+I am at issue with my solicitors on that point. Their account
+is, that two of my servants, whom I had sent to their
+office to be examined as to the evidence they could give on
+the trial, admitted that De Berenger wore a <em>red</em> coat with a
+green collar. My servants, on the contrary, assure me that
+they did not, and could not, admit that it was a red coat;
+because, when they saw De Berenger, he wore a great-coat
+buttoned up, and they neither saw the body nor the skirts of
+the under coat; but the collar, and so much of the breast as
+<span class='pageno' id='Page_458'>458</span>they saw, were green: but they admit, that on being questioned
+by my solicitors, whether they could swear that it was
+not a red coat; they confessed that they could not, and admitted
+that it might be red, and that the green which they
+saw might be green facings to a military coat: but they have
+constantly declared that no part which they saw was red, and
+they deny that they ever admitted that they saw any red.</p>
+
+<p class='c001'>My solicitors were in possession of their previous affidavits,
+describing De Berenger to have worn a grey great-coat buttoned
+up, and a coat with a green collar underneath. I shall
+not deny that my solicitors considered the admissions of the
+servants to amount to an acknowledgment that the coat was
+red; but I shall ever believe that such admissions actually
+went no further than that, since they did not see the body of
+the coat, it might, for aught they knew, be red—and possibly,
+that they supposed it was red, because the wearer having a
+sword and military cap, they conceived him to be an army
+officer. The description which my solicitors introduced into
+the brief, in consequence of this examination, namely, a red
+coat with a green collar, neither accords with my description
+nor with the coat actually worn by De Berenger on his way
+from Dover, which, as proved by the witnesses on the trial,
+was either wholly scarlet, or turned up with yellow.</p>
+
+<p class='c001'>If I had been a party to the fraud, and had sworn falsely
+as to the colour of the coat, I doubtless might also have been
+wicked enough to have endeavoured to suborn the servants
+to perjure themselves in my behalf; but I should
+hardly have ventured to send them to my solicitors to be
+examined on the subject, without previously instructing them
+myself: and it can hardly be supposed, that if they had been
+on their guard from any previous instructions of mine, that
+my solicitors, in the common course of examination, would
+have obtained from them any evidence which militated against
+my own statement. I should naturally, too, have felt some
+anxiety to know the result of their examination; yet the
+truth is, that I never asked them a single question on their
+return from the solicitor’s office. Indeed, if I had questioned
+<span class='pageno' id='Page_459'>459</span>them as narrowly as one may suppose a guilty man who had
+sent his servants on a guilty errand of so much danger and
+importance would have questioned them, I should in all probability
+have discovered whether they had or had not executed
+that errand to my satisfaction. At all events, I should have
+been anxious to know the result of their examination as
+entered in the brief; and if it be true that it was actually
+read to me by my solicitor, I must, under such circumstances,
+have lent too attentive an ear to have suffered the ruinous
+word <em>red</em> to have escaped my observation. I must, too, have
+shown certain symptoms of uneasiness on hearing that word,
+which could not have escaped the observation of the reader,
+particularly as the contradiction between that word and my
+oath must have been present to his mind. And lastly, with
+the knowledge that the brief contained a flat and fatal contradiction
+to my own affidavit out of the mouths of my own
+servants, I should hardly have suffered it to have gone to my
+counsel in that state; and then have pressed, in the way in
+which I did press, to have those servants examined at the
+trial.</p>
+
+<p class='c001'>How my solicitors could admit so fatal a contradiction into
+the brief, without drawing my attention to it immediately by
+letter, it is for them to explain; yet they admit that they
+never wrote to me on the subject. They very quietly, however,
+inserted it, and let it remain in the brief until I should happen
+to discover it; which, as I have pretty clearly proved, never
+did happen previous to the trial. It was on the second day of
+the trial, and not before, that, to my very great surprise, I discovered
+in a newspaper the admission of my counsel in contradiction
+to my affidavit. “Yet,” says the Attorney-General,
+“there was no mistake and no surprise: if there had, the
+Judges would have dispensed with their rule, and granted a
+new trial: but, no! there was nothing of that sort here.”</p>
+
+<p class='c001'>In whatever way my solicitors took the examination of my
+servants on the subject of De Berenger’s dress, it is indisputable
+that nothing can justify their neglect in not immediately
+drawing my attention to the difference between the result of
+<span class='pageno' id='Page_460'>460</span>that examination and the statement in my own affidavit.
+“It never can be permitted,” said the Solicitor-General,
+“that a person accused should try in the first instance how
+far he could go without his own witnesses; and then, should
+the result prove unfavourable, how far he could go with them.”
+How unjust this observation is, as applied to me, is well
+known to my solicitors—they well know how anxious I was
+to have my witnesses brought forward <em>in the first instance</em>.
+Those witnesses would and could conscientiously have sworn
+to the green collar, which would have sufficiently corroborated
+the description in my affidavit, as it never was pretended that
+De Berenger wore a green collar to his scarlet coat.</p>
+
+<p class='c001'>It was asked by the Attorney-General “if the servants
+could have confirmed the affidavit, where was the advocate
+who could have been stupid enough to hesitate to produce
+them?” It is possible, however, that advocates may be
+prejudiced, may be mistaken, and may be misled by their
+brief.<a id='r124'></a><a href='#f124' class='c016'><sup>[124]</sup></a></p>
+
+<p class='c001'>I hope that it will now appear to be satisfactorily proved,
+not only that I did not see De Berenger in his scarlet coat,
+but that he did not come to my door, nor <em>even enter the hackney-coach
+in that dress</em>.—(See the annexed affidavits.)</p>
+
+<p class='c001'>In reply to the Solicitor-General’s observation, that I
+had sought to establish my own innocence by recrimination
+upon the Judge and Jury, I shall at present merely ask the
+learned gentleman whether he is of opinion that a like sentence
+for a like offence would have been passed on any nobleman
+or member of Parliament on his side of the House?
+Would a punishment which, according to the unfortunate
+admission of the Attorney-General, is calculated “to bow
+down the head with humiliation ever after,” together with
+fine and imprisonment, and the privation of every office and
+honour, have been thought little enough for a ministerial
+defendant on such a charge? And if the candour of the
+learned gentleman impels him to answer in the negative, is it
+<span class='pageno' id='Page_461'>461</span>not fair to inquire whether he thinks that such an one would
+even have been convicted on similar evidence? The Attorney-General
+observed, “that he was glad that the period had
+arrived when the trial could be read at length, and thus do
+away the effect of those imperfect statements which misled
+the public mind.” Reserving my remarks on the trial for a
+future opportunity, I shall at present just ask the Attorney-General
+how it comes that he, who is so anxious that the
+public mind should not be misled, should have made the
+unfounded assertion, that I not only pocketed a large sum
+of money by the fraud, but put off absolute ruin? Such an
+assertion is the more inexcusable in the Attorney-General,
+who had every facility of obtaining more correct information.
+His own broker could have told him that the Omnium which
+I possessed on the 19th of February, when the fraud must
+have been in agitation, could have been sold on that day at
+27⅝. The average cost was 27⅞; so that the whole loss on
+the 139,000<i>l.</i> Omnium, if sold on that day, would not have
+amounted to above 400<i>l.</i> And when it is considered that the
+result of my previous speculations was a gain of 4,200<i>l.</i> received,
+and 830<i>l.</i> in the hands of my broker, how does the Attorney-General
+make it out that I had so embarrassed myself by such
+speculations, as to have no other than fraudulent means of escaping
+absolute ruin? Besides, I can assure the learned gentleman,
+if he is not already apprised of the fact, that if I had held the
+Omnium till the 1st, 3rd, or 4th of March, I should have sold
+it at a profit; and if I had held it till the settling-day, when
+I must of necessity have sold it, I should not have lost half
+the sum I had previously gained. But if upon the whole I
+had lost a few hundreds, or even thousands, how would
+the Attorney-General be justified in inferring my absolute
+ruin? It is well known that I had been more successful at
+sea than almost any other officer of my standing in the navy,
+and that I have constantly lived, not only within my income,
+but at less expense than almost any other person of my rank
+in society. On what grounds, therefore, is the Attorney-General
+warranted in representing me as a person in such desperate
+<span class='pageno' id='Page_462'>462</span>circumstances as to be obliged to have recourse to the lowest
+knavery in order to avert absolute ruin?</p>
+
+<p class='c001'>With respect to the other assertion, that I pocketed a large
+sum of money in consequence of the transactions of the 21st
+of February, did not the learned lawyer know that the Stock
+Exchange Committee had seized not only 1,700<i>l.</i> of my money,
+which was my actual profit from that day’s sale, but also a
+further sum of 770<i>l.</i> to answer their exaggerated calculation
+of that profit? and that the aforementioned sum of 830<i>l.</i> was
+also lost through the proceedings of that Committee? If the
+learned gentleman knew nothing of all this, I can only observe,
+that he ought to have informed himself on the subject
+before he made such statements in the House of Commons.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>I have the honour to be,</div>
+ <div class='line in4'>Gentlemen, with great respect,</div>
+ <div class='line in8'>Your most obedient and faithful servant,</div>
+ <div class='line in37'><span class='sc'>Cochrane</span>.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<hr class='c035'>
+<h3 class='c045'>APPENDIX XIV.</h3>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div>ADDRESSES FROM PAISLEY.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>Canal Street, Paisley, Aug. 18th, 1814.</span></div>
+
+<p class='c023'><span class='sc'>Sir</span>,—By inserting the following addresses to Lord Cochrane
+and the electors of Westminster, you will oblige your readers
+in this place. Accustomed as we have been to the acts of the
+abettors of corruption, it is with a mixture of pity and contempt
+we have witnessed the eagerness with which they have
+endeavoured to heap every sort of contumely upon Lord
+Cochrane’s head. Thanks to his numerous friends, they have
+in this instance been wretchedly disappointed, and though he
+has been stripped of those honours which “the breath of
+kings can bestow,” he still retains what they have not the
+power to give or take away—the applause and admiration of
+his grateful countrymen.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>Yours, with great respect,</div>
+ <div class='line in17'><span class='sc'>John M’Naught</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>W. Cobbett, Esq.</span></p>
+
+</div>
+
+<p class='c001'><span class='pageno' id='Page_463'>463</span>At a meeting of a number of inhabitants of Paisley, in the
+Salutation Inn, upon August the 5th, 1814, for the purpose
+of celebrating the triumph of Lord Cochrane, the following
+addresses to the Electors of Westminster, and to Lord Cochrane,
+were agreed to:—</p>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div>TO THE ELECTORS OF WESTMINSTER.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>Gentlemen</span>,—The times in which we live have been denominated
+a new era. They have produced so many extraordinary
+and marvellous events, that we cannot help thinking
+the designation just; but such has been their effect on
+the public mind, that we almost cease to wonder at anything,
+however extraordinary. Were it not for this apathy, this
+callous effect, scarcely anything in modern times would have
+made a deeper impression than the trial and condemnation of
+your representative, Lord Cochrane. In spite, however, of
+this disadvantage, we rejoice to find that this event has produced
+the very impression it ought to have made; it has
+produced an impression at once calculated to confound the
+malice of his enemies, to cheer the heart of every patriot, and
+to cherish that spirit of justice and independence which has
+long been dear to every Briton.</p>
+
+<p class='c001'>Allow us, therefore, to congratulate you and our country on
+the signal triumph which justice has obtained in your re-election
+of Lord Cochrane,—an election which could only
+proceed from a universal consciousness of the innocence of his
+Lordship, and which has placed that innocence on an immovable
+foundation. You have had many struggles with
+corruption, in all of which you have appeared as illustrious
+examples to mankind. In this last instance you have, if
+possible, surpassed yourselves; you have appeared as the
+focus of justice; it has been your prerogative to give the
+public feeling effect.</p>
+
+<p class='c001'>We would by no means be understood to insinuate anything
+to the prejudice of the jury which tried his Lordship.
+Trial by jury we hold so sacred and invaluable that we deprecate
+<span class='pageno' id='Page_464'>464</span>any reflection that would seem to throw a shade on so
+glorious an institution; but we may freely observe that, like
+every other human institution, it must be liable to abuse.
+We can easily imagine that a jury may be placed in such
+circumstances as to be rendered absolutely incapable of knowing
+the truth; a villanous arrangement of the evidence to be
+produced, a malicious and undue influence on the part of the
+judge, &#38;c. may deceive a jury, and produce as much evil
+under the forms of law, as private vengeance could inflict.
+But while it is said that Lord Cochrane was tried and condemned
+by a special jury, it will also be said that he was
+tried by the electors of Westminster; he was tried by his
+country and acquitted.</p>
+
+<p class='c001'>We conclude by expressing our hope that whenever the
+hydra of corruption shall put forth her head, you will be
+found at your posts, ready to strike it off, or inflict a mortal
+wound; the times are still ominous, and the nation has its
+eyes fixed on you; we trust that you will not relax in your
+vigilance till malice and injustice hide their diminished
+heads, and innocence no longer find its only solace in heart
+corroding grief.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>We are, gentlemen, &#38;c.</div>
+ <div class='line in9'><span class='sc'>John M’Naught</span>, <i>Chairman</i>.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<hr class='c053'>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div>TO LORD COCHRANE.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<p class='c001'><span class='sc'>My Lord</span>,—There is such a dissonance between conscious
+innocence and imputed guilt, that an upright mind must
+necessarily be confounded on receiving an atrocious charge;
+and even when the falsehood of the charge is made apparent,
+the recollection of it is often so bitter, and its consequences
+so injurious, as almost to equal the pangs and the deserved
+punishment of real guilt. Your case, my Lord, is one of a
+singular complexion. Trained in the paths of honour, habituated
+to patriotic deeds and high exploits, and possessing in
+an eminent degree that noble disinterestedness, that open
+frankness peculiar to a naval life, to you the recent charge
+<span class='pageno' id='Page_465'>465</span>must have been extremely galling. Convinced of your innocence,
+permit us to approach your Lordship to express the
+interest we have taken in that extraordinary affair. When
+the charge was first preferred, we considered its improbability
+so great as to require the strongest evidence to make it good.
+We rejoice to find such evidence was wanting; nay, more,
+the lofty spirit of independence, the keen sense of honour,
+which you manifested throughout the whole affair; your
+astonishing address before the House of Commons, and subsequent
+illustrations, has destroyed every vestige of guilt, and
+placed your Lordship’s innocence in the most advantageous
+point of view. The universal sentiment in your favour, but
+especially the admirable conduct of the electors of Westminster,
+have raised you to a higher eminence than that from
+which you had fallen. You were, indeed, guilty of a crime,—a crime
+unpardonable in the eyes of corruption; you had
+dictated energy and efficiency to warlike measures; you
+sought the glory and happiness of your country, you sought
+for justice to your associates in war; was it then to be wondered
+at that malice should make you a favourite mark?
+No, my Lord; but thanks to this enlightened age, her shafts
+have been diverted in their course, and by their obliquity
+have centred in herself.</p>
+
+<p class='c001'>My Lord, allow us to conclude by expressing our confidence
+that the circumstances which have called forth this
+address will, if possible, strengthen your habits, and elevate
+your patriotic views, that when the time arrives for resuming
+public functions, you will be found the same intrepid, fearless
+champion of public and private right you have ever been.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>Accept, my Lord, the assurance of our regard,</div>
+ <div class='line in15'><span class='sc'>John M’Naught</span>, <i>Chairman</i>.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<hr class='c035'>
+<div>
+ <span class='pageno' id='Page_466'>466</span>
+ <h3 class='c045'>APPENDIX XV.</h3>
+</div>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div>ADDRESS FROM CULROSS.</div>
+ </div>
+</div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><i>Address presented to Lord Cochrane by the inhabitants of Culross.</i></div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<p class='c023'>We, the inhabitants of the royal burgh of Culross and
+neighbourhood, beg leave to offer your Lordship our heartfelt
+congratulations on being re-elected a member to serve in the
+House of Commons for one of the first cities in the kingdom;
+which event may be considered as the verdict of the last
+tribunal to whom you had appealed from the charges lately
+preferred against you. While the firmness with which you
+met those charges has called forth our highest admiration, we
+rejoice that they have now been so clearly proved to be unfounded,
+and that the cloud which threatened your destruction
+has been dispelled. In the joy everywhere diffused on this
+occasion, none can more cordially participate than the inhabitants
+of Culross; and we beg to assure your Lordship of
+their unabated attachment to, and respect for, the family of
+Dundonald.</p>
+
+<p class='c001'>Calling to mind the many heroic actions your Lordship has
+performed in your country’s cause, we look forward with confidence
+to a renewal of your ardent and gallant exertions for
+her advantage, notwithstanding the persecutions you are now
+suffering. And we sincerely hope that in defiance of party
+and faction, you shall again shine forth an ornament to your
+profession, an honour to your country, and the boast of this
+place, the ancient residence of your noble family.</p>
+
+<p class='c001'>We beg also to express our wish that your Lordship may
+speedily forget those sufferings an honourable mind must
+sustain whilst struggling against gross and unfounded accusations.</p>
+
+<p class='c001'>Signed in the presence and by the appointment of the
+meeting,</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'><span class='sc'>W. Melville</span>, B.</div>
+ <div class='line'><span class='sc'>John Caw</span>, <i>Secretary</i>.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<hr class='c035'>
+<div>
+ <span class='pageno' id='Page_467'>467</span>
+ <h3 class='c045'>APPENDIX XVI.</h3>
+</div>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div>LORD COCHRANE’S ANSWER TO ADDRESS FROM CULROSS.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>King’s Bench, Aug. 18th, 1814.</span></div>
+
+<p class='c023'><span class='sc'>Sir</span>,—I take the earliest opportunity which the pressure of my
+affairs afforded me of conveying to my much-respected friends
+of Culross my heartfelt thanks for the interest they take in
+my character and welfare, and for the truly gratifying manner
+in which they have demonstrated their feelings, which are at
+once an honour to themselves and to me. You may, with
+great truth, assure our respectable townsmen that their unfeigned
+congratulations on my re-election add greatly to the
+satisfaction which I derive from that triumphant event; and
+that whatever may be the value of my actions, the motives
+in which they originate ever have been, and ever shall be,
+such as may claim the reward of their good opinion. I send
+you a newspaper containing the letter of De Berenger, by
+which you will perceive that my enemies have now an agent
+even within the confines of my prison. But I shall eventually
+triumph over all their machinations.</p>
+
+</div>
+
+<hr class='c035'>
+<h3 class='c045'>APPENDIX XVII.</h3>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div>ADDRESS OF THE INHABITANTS OF KIRKALDY TO THE ELECTORS OF WESTMINSTER.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<div class='c020'><span class='small'>Kirkaldy, Sept. 8th, 1814.</span></div>
+
+<p class='c023'>In consequence of previous intimation, a considerable number
+of the well-disposed and respectable inhabitants of Kirkaldy
+assembled at the Wellington Inn here, for the purpose
+of forming a congratulatory address to the honourable,
+free and independent electors of Westminster, on their re-election
+of the Right Honourable Lord Cochrane; when the
+<span class='pageno' id='Page_468'>468</span>following was publicly read and approved of; ordered to be
+signed by the chairman in the name of the meeting, and
+transmitted by the secretary to the Honourable Sir Francis
+Burdett, Baronet.</p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><span class='fss'>WILLIAM DAVIDSON</span> <i>in the Chair</i>.</div>
+ </div>
+</div>
+
+<p class='c001'><span class='sc'>Gentlemen</span>,—In imitation of the very respectable inhabitants
+of Paisley, we now presume to step forward to congratulate
+you on the laudable and praiseworthy step you have
+lately taken in re-electing the Right Honourable Lord Cochrane
+as one of your members for Westminster, whom the
+base time-servers of the day had, through wicked and deceitful
+means, unwarrantably deprived of his seat in Parliament. Not
+satisfied with this, his Lordship’s enemies pushed matters so
+far as to obtain a sentence of pillory, fine, and imprisonment,
+as if he had been a common felon; nay, more,—deprive him
+of those laurels he had so magnanimously won, and so justly
+merited at the hand of his country. His Lordship’s firmness
+and praiseworthy resignation under these uncommon sufferings
+we cannot too much admire and respect; and we fondly hope
+that, notwithstanding all these afflictions, his innocence will
+soon be confirmed by the exposure of those base intriguers
+and their intrigues, to the utter confusion of all time-serving
+placemen and their confederate hirelings. We rejoice that
+his Lordship possesses laurels more noble and lasting, which
+it is not in the power of princes nor their advisers to bestow
+or take away. We also trust that when his Lordship shall
+assume his honourable seat he will be more emboldened than
+heretofore, in conjunction with your other Honourable Member
+Sir Francis Burdett, in opposing corruption and its abettors,
+till the nation, roused from its lethargy, shall unite in behalf
+of all those who have been unjustly wronged; and thus will
+our little happy island outvie and triumph over all her
+enemies, both at home and abroad.</p>
+
+<p class='c001'>Gentlemen, we hope and flatter ourselves that you will
+have no cause to lament the re-election of your Right Honourable
+Member; we have no doubt his Lordship will be proud
+<span class='pageno' id='Page_469'>469</span>of the honour you have done him, as it cannot but attach him
+more closely to you and to the interests of the nation. We
+know that many thousands in Great Britain rejoice at the
+step you have taken, and the victory obtained by his Lordship,
+who nevertheless are afraid to show themselves lest, like
+some of old, they are put out of the Synagogue. We still
+hope, however, that the stigma cast on his Lordship’s friends,
+instead of intimidating them will rather embolden them to
+come forward and publicly declare the sense they have of his
+<a id='corr469.10'></a><span class='htmlonly'><ins class='correction' title='Lordship'>Lordship’s</ins></span><span class='epubonly'><a href='#c_469.10'><ins class='correction' title='Lordship'>Lordship’s</ins></a></span> innocence. That the honourable and praiseworthy
+electors of Westminster may prosper and succeed in all their
+laudable undertakings, and long enjoy the distinguished services
+of their able and truly honourable representatives; and
+when they shall have done their duty in their day and generation,
+that others in succession may fill their place who shall
+equal them in abilities and fortitude, is the ardent wish of this
+meeting.</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>Signed by appointment,</div>
+ <div class='line'><span class='sc'>William Davidson</span>, <i>Chairman</i>.</div>
+ </div>
+ </div>
+</div>
+
+</div>
+
+<hr class='c035'>
+<h3 class='c045'>APPENDIX XVIII.</h3>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div><span class='small'>[<em>The Times</em>, July 13th, 1814.]</span></div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<p class='c023'><span class='sc'>Sir</span>,—A constant reader of your journal takes the liberty of
+inquiring whether any measures have been adopted on the
+Stock Exchange to put a stop to that illicit practice of time-bargaining,
+which could alone present a sufficient temptation
+to the authors of the late imposition, and will, if not abolished,
+continue to hold out similar inducements to the commission
+of similar frauds. To punish the invention of false
+news, with the particular view to affect the funds, and yet to
+suffer such practices in the funds as are both of themselves
+<span class='pageno' id='Page_470'>470</span>illegal, and also give occasion to the invention of the falsehoods,
+must appear to every one to be highly preposterous;
+in fact, the invention of false news and time-bargaining, must
+be considered but as different parts of the same act; they
+sprung up together—have grown and thriven together—and,
+whatever some may suppose, are of no very recent birth.</p>
+
+<p class='c001'>Lord Cochrane has, in truth, been found guilty of that
+which has been, in a less degree perhaps, practised without
+disgrace almost every week in the year upon ’Change,
+namely, a conspiracy to affect the price of Stock, by the invention
+and circulation of false news; and if it was necessary
+for the noble conspirator and his friends to put in motion a
+greater apparatus than usual for the execution of their plans,
+they have only thereby facilitated the means of detection, and
+proved their want of dexterity in such enterprises, while the
+hackneyed jobbers, managing their repeated impositions with
+less ostentation, are, in length of time, enabled to effect
+much greater mischief, as the mildew does more harm to the
+hopes of an honest husbandman than a thunderstorm.</p>
+
+<p class='c001'>Of the sentence passed upon Lord Cochrane, I shall say
+little; but as the most offensive part of it is matter of feeling
+and of character connected with feeling, I think that the
+characters and feelings of those at whose expense the imposition
+was chiefly successful, should have been likewise taken
+into consideration. If they are men immersed in habits of
+that nature of which Lord Cochrane’s offence only constituted
+a single act, I say that they had not a right to require, or to
+be gratified by, so severe a sentence as if they had come into
+court wholly unconnected with such proceedings in their own
+<a id='corr470.30'></a><span class='htmlonly'><ins class='correction' title='persons'>persons.</ins></span><span class='epubonly'><a href='#c_470.30'><ins class='correction' title='persons'>persons.</ins></a></span></p>
+
+<p class='c001'>What I have to demand, therefore, is, whether the gentlemen
+of the Stock Exchange, with this notable example of
+punishment before their eyes, have any idea of adopting some
+new system,—of forming some new resolution against those
+usages which have hitherto prevailed among them, but have
+never till now been visited by so tremendous a sentence? If
+they have not, I think it a pity that the learned judge who
+<span class='pageno' id='Page_471'>471</span>passed the late sentence did not endeavour to awaken their
+caution by some warning of the danger of persevering in
+those courses which had led in the passing instance to so
+calamitous a result; in short, an officer in the public service
+has fallen by a conviction for conspiring with others to raise
+the funds; the public has therefore a right to expect from
+all those connected with the sale of national property some
+general expression of their detestation of that offence of
+which Lord Cochrane has been convicted. Have they, or the
+major part of them, seemed by their general practice to
+consider it to be a crime till they came to suffer by it themselves,
+from any alien to their profession? Then they raised
+clamours about it, no doubt. I ask farther whether the Committee
+who advertised for evidence against Lord Cochrane
+mean to stop at the exposure of this single offence? or
+whether they are resolved, as in justice they ought to be, to
+hunt out and eject from the Stock Exchange all time-bargainers,
+hoaxers, bangers, and other practisers of fraud,
+for the raising or lowering of the funds? Or, if these are
+too powerful to be attacked, whether they mean at least
+simply to date a new era from Lord Cochrane’s conviction, to
+proclaim an amnesty of the past, and to give notice that in
+future hoaxing, banging, and everything that leads to the
+illegal practice of time-bargaining, as well as time-bargaining
+itself, shall be no longer practised among them with impunity?
+I call upon these gentlemen of the Committee particularly
+to explain to the nation what, in their opinion,
+ought to be the future regulations of stock-jobbing from this
+time, when a public example is to be made of one, who, to
+say the worst of him, has only carried the old practice to the
+utmost extent of its limits. I call, Sir, upon the members of
+the Stock Exchange, universally, for an answer to these
+queries, founded upon facts of which none of them can deny
+the existence; and I further denounce prospectively against
+them, that, if they will make no rules for themselves, Parliament
+will interfere, and either make some for them, or will
+at least vivify the old ones by such means of discovery as
+<span class='pageno' id='Page_472'>472</span>themselves have used, when they have been the dupes. In
+expectation of a reply,</p>
+
+<div class='lg-container-r c021'>
+ <div class='linegroup'>
+ <div class='group'>
+ <div class='line'>I remain. Sir, &#38;c.</div>
+ <div class='line in15'><span class='sc'>Byrsa</span>.</div>
+ </div>
+ </div>
+</div>
+
+<p class='c001'><span class='small'>To the Editor of <em>The Times</em>.</span></p>
+
+</div>
+
+<hr class='c035'>
+
+<h3 class='c045'>APPENDIX XIX.</h3>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div><span class='small'>[<em>The Champion</em>, Sunday, July 3rd, 1814.]</span></div>
+ <div class='c000'>THE PRETENSIONS OF THE LAWYERS, AND THE</div>
+ <div>SENTENCE ON LORD COCHRANE.</div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<p class='c023'>After referring to the <a id='corr472.11'></a><span class='htmlonly'><ins class='correction' title='pretenson'>pretension</ins></span><span class='epubonly'><a href='#c_472.11'><ins class='correction' title='pretenson'>pretension</ins></a></span> of lawyers to being held
+infallible, the article continues: “It has, we believe, been
+urged by the lawyers that, as the verdict of a jury is to be
+considered the voice of the people, the latter can have no
+right to rejudge their own decisions, but the idleness of the
+plea is evident. It most frequently happens that the verdict
+of the jury is but a small part of the legal proceedings in
+any particular case. A jury may be so trammelled by technicalities,
+imposed upon them in peremptory language; they
+may be so overpowered by a violent charge, or so confused by
+a subtle one, that their decision cannot, in fairness, be regarded
+but as the result of an overwhelming influence,
+leaving them, at least as they fancy, without an alternative;
+so that, after all, what have we but an emanation from an
+official quarter—tinctured with the interests, the prejudices,
+the passions, and the corruptions of a ministerial officer—in
+the natural existence of which the framers of our constitution
+believed, and the effects of which they desired to
+check by the healthy and unperverted sense of men who,
+being taken from common conditions, were likely to be animated
+solely by feelings for the common advantage. But
+when the verdict of the jury—however it may be induced—is
+pronounced, can it be said that the most important part of
+the business is over? No, certainly not. The sentence is to
+come, which, in many of the most weighty cases, as affecting
+<span class='pageno' id='Page_473'>473</span>the welfare of society and the safety of persons, is left entirely
+to the discretion of the Judge, so that here there is unbounded
+room for the exercise of his disposition, whatever it
+may be. If he be an ill-tempered and vindictive savage, and
+be, from political or personal motives, irritated against the
+unfortunate individual who is at his disposal, he may sentence
+him to a punishment which, as applied to the offence, shall
+outrage public feeling by its cruelty, and public justice by
+a prostitution of its penalties to gratify private resentments.
+Has he ambitious views, which lead him to seek the favour of
+the court? He may, as the professed guardian of morals, do
+them the fatal injury, by apologising, in the language of authority,
+and with all the imposing adjuncts of a dignified and
+grave station, for those crimes, which, as practised by persons
+of the highest rank, have the most extensive influence in the
+way of example. These are mischiefs which, under the cover
+of legal proceedings, <em>may</em> be perpetrated on the country; and
+it is evident, from their very nature, that we can have no
+security against them but in the vigilance of the public’s
+observation of whatever passes in the courts of law, and their
+firmness in expressing their opinion on its propriety.</p>
+
+<p class='c001'><i>Secondly.</i> Experience fully supports this reasoning. English
+history shows that the worst enormities of abused power
+have been committed through the medium of the Judges.
+To no other class of official persons is half the execration
+owing, that is justly due to the lawyers for their frequent
+perversions of both law and justice in a base subserviency to
+the temporary feelings and purposes of guilty rulers. And,
+be it remembered that the most abominable of their proceedings
+have had the sanction of a jury’s verdict, procured
+by such means as have already been suggested; either by
+direct intimidation, or by drawing close an artificial network
+of legal complications and restrictions, which leave to jurymen
+about as much freedom of finding as he has of motion
+who is placed with his face close to a wall, and told to jump
+backwards or forwards, which he pleases.</p>
+
+<p class='c001'><i>Thirdly.</i> But perhaps the character and conduct of those
+<span class='pageno' id='Page_474'>474</span>who are at present Judges are calculated to inspire an unlimited
+confidence in <em>them</em>, however distrustful of the profession,
+and anxious as to its functions, we have reason to be.
+This is, in some respects, a delicate inquiry, and, indeed, an
+almost unnecessary one, for the vigilance of the people as to
+the discharge of public duties should never be permitted to
+slumber through reposing on personal qualities. It is, then,
+only the arrogant and dictatorial tone of pretension, held by
+the satellites of Westminster Hall, that induces us to bestow
+a line on those of any one of our present administrators of
+the laws. We are told, in the most fulsome terms, that they
+are incorruptible,—that it is the boast of British justice to be
+clean-handed, &#38;c. &#38;c. This boast, as rested on a contempt
+of actual bribery, need be no singular one in these days.
+Who now takes bribes from individuals? No one, we venture
+to affirm, above the station of a Custom House officer. Perhaps
+in no department of the public service could a pecuniary
+consideration for infidelity be more conveniently given and
+received than in the military: a military man, of inferior
+rank, and slender hopes, has often an opportunity of giving
+the most decided advantage to the enemy, by acting traitorously,
+and the reward would never be wanting; yet who ever
+hears of such an act of baseness? When was there ever an
+instance of it in the army? Why then should a Lord Chief
+Justice, with an income of twenty thousand pounds a year,
+be highly complimented on a virtuous self-denial, which he
+only shares with the subaltern who starves on four and sixpence
+a day? His Lordship’s claims to peculiar confidence
+and honour must be of a rare kind to be valid. He must
+represent to us in his behaviour the exalted attribute of justice—simple,
+impartial, purified from passion, partaking of the
+nature of a heavenly presidency, rather than of power vested in
+a frail and feverish being, liable to be misled by his interests
+and habits, and every now and then to be carried away to the
+strangest lengths by a storm of anger. If Lord Ellenborough
+aspires to deserve this, the best praise that can be bestowed
+on one in his exalted station, his ambition is of the proper
+<span class='pageno' id='Page_475'>475</span>kind; but without meaning to convey any imputation against
+his integrity, we must even take the liberty of telling him
+plainly what the public think—that as yet he has by no
+means entitled himself to it. His boisterous vulgarisms in
+the House of Lords; his impatient fretfulness with counsel,
+particularly shown in cases where defendants may be supposed
+obnoxious to the palace, or to himself personally; the
+extraordinary views he takes of moral questions, so favourable
+to certain princely profligacies; and the unqualified terms
+of his charges in those trials that are calculated to rouse
+political feelings and partialities, are circumstances that have
+made a strong impression on the public mind. People,
+therefore, without indecently denying his honesty, are much
+inclined to doubt his discretion; and it must be admitted,
+that his Lordship’s temper is not precisely of that poised and
+regulated kind which would be the best plea for an exemption
+in his favour from that popular superintendence
+and judgment of his conduct, the exercise of which he finds
+so irksome, and which his friends represent as so indecorous.</p>
+
+<p class='c001'>Having thus vindicated the right of the people to express
+their sentiments freely on the conduct of the Judges, as on
+that of any other public men, we shall shortly exercise it by
+joining in the general disapprobation which the sentence
+recently pronounced against Lord Cochrane has excited. We
+never remember any sentiment to prevail more universally
+than this now does: the firmest believers in his Lordship’s
+guilt are loud in their reprobation of that part of his
+punishment which includes the exposure of the person of a
+naval officer, whose gallantry in the service of his country
+has been of the most devoted kind, on a stage of infamy
+which is trodden by the miscreant whose crime is not to
+be named. The public feeling has received a shock by this
+unexpected award, from which it will not soon recover; and
+surely it must be censured as highly indiscreet, to have turned
+the horror that ought to have been engrossed by the crime,
+entirely against the punishment with which it has been
+visited.</p>
+
+<p class='c001'><span class='pageno' id='Page_476'>476</span>It is not our intention to enter at all on the question of Lord
+Cochrane’s guilt or innocence; it would be very wrong in
+every point of view to do this at present. His Lordship has
+signified his intention of defending himself before the House
+of Commons, and of explaining what he affirms are the misconceptions
+on which the verdict of the jury was founded.
+The public will listen attentively to his second appeal; but,
+in the meantime, we shall confine ourselves strictly to those
+circumstances which are sufficient to justify the general condemnation
+of the sentence passed on his Lordship, although
+the decision of the jury be confirmed.</p>
+
+<p class='c001'>In the first place, admitting that the evidence may have
+been such as to compel a conviction, yet there are evident
+features of extreme hardship in Lord Cochrane’s situation
+when put on his trial, and when brought up for judgment,
+which enlist sympathy in his behalf, and make it possible
+that matters of alleviation, affecting <em>his case only</em>, may have
+been concealed by the harsh formalities of the practice of
+the Court. The law concerning conspiracy is enough to
+make every individual tremble for his own safety. Through
+mistake or malice, an innocent man may be included in one
+indictment with several guilty ones—he is compelled to
+take his trial with them; the testimony that proves their
+crime raises a prejudice against him; it is almost conviction
+to him to have his name called over with theirs; the chain of
+evidence becomes complicated, and where are jurymen to be
+found sufficiently clear-headed to mark exactly the connection
+between the facts sworn to and each of a dozen accused persons?
+If there is a hostile disposition towards the innocent
+individual existing in the breast of any in court, who may
+have an opportunity of influencing the jury, how shall he
+escape being involved in the deserved fate of those with
+whom he has been confounded? If, after his conviction, he
+prepares himself with evidence suited to remove the misconceptions
+by which his guilt has been presumed, he is
+granted or denied the opportunity of bringing it forward,
+according to the conduct of others, over whom he has no
+<span class='pageno' id='Page_477'>477</span>control, and who, in consequence of his innocence, and their
+guilt, have an interest directly the reverse of his. Should they
+abscond he is denied a new trial, although he presents himself
+fearlessly to meet its result. These are rules which Sir W.
+Garrow, the Attorney-General, calls the perfection of wisdom;
+to common understandings they seem the perfection of hardship.
+But what legal absurdity or cruelty, that has given
+way to the growing intelligence of society, has not been so
+eulogised and pertinaciously defended by the lawyers of the
+day!</p>
+
+<p class='c001'>Lord Cochrane, it is clear, has been thus placed in a situation
+extremely disadvantageous to him as an accused person,
+and the public sentiment is roused in indignant alarm at the
+condemnation of an individual to the punishment of the pillory
+(a punishment more severe than that of death to one in
+his Lordship’s situation of life), who complains in touching
+terms of hardships, which, to common understandings, involve
+palpable injustice, and which are of a nature to render any
+innocent person unable to establish his innocence. It would
+have been but prudent in the judge to have avoided raising
+this popular feeling against the sentence of the Court, by
+keeping it more within the bounds of moderation. Its odious
+severity sets every one on scrutinising the soundness of the
+conviction, and the justice of the legal rules applied to his
+Lordship’s case.</p>
+
+<p class='c001'>The further regards that influence the public to this strong
+commiseration of Lord Cochrane, and disapprobation of his
+sentence, are the unsuitableness of the latter for infliction on
+one of his Lordship’s condition, and, we had almost said, its
+ingratitude, with reference to his very distinguished past services.
+It is very certain that justice may be as much violated
+by a disproportionate punishment, as by the offence against
+which it is awarded; and when we consider that Lord Cochrane
+is one of the most esteemed officers of the navy, that his
+courage is of the true Nelsonic kind, that he is a member of
+Parliament, and a man of rank, the disgrace of the pillory to
+him must be deemed a thousand times worse than the mere
+<span class='pageno' id='Page_478'>478</span>infliction of death, for with this latter his Lordship has been
+familiar. Now, without meaning to extenuate the crime of
+spreading false news to raise the public funds, we may say
+that the state of the general feeling and practice in the
+country does not at present warrant that a punishment worse
+than death shall be pronounced against him, who, after the
+long forbearance of justice, is first convicted of this offence.
+Statesmen of high name and station are shrewdly suspected
+to gamble in the funds, and this practice also is illegal;—since
+such loose and improper feelings as to what is honourable
+prevail, it would have been but fair, at the first interference
+of the arm of the law, to have permitted it to fall
+more lightly.</p>
+
+<p class='c001'>Lord Cochrane’s politics are of a kind to excite the displeasure
+of the Court against him; one of his relations has
+<span class='sc'>stirred in behalf of the Princess of Wales</span>, and, we
+believe, he has himself made, or assisted, some little scrutiny
+into <span class='sc'>Lord Ellenborough’s perquisites of office</span>. These are
+considerations by which the Lord Chief-Justice will indignantly
+disclaim being at all influenced; but we say that he
+ought to have been influenced by them, inasmuch as they rendered
+his situation towards the accused extremely delicate.</p>
+
+</div>
+
+<hr class='c035'>
+<h3 class='c045'>APPENDIX XX.</h3>
+
+<div class='nf-center-c0'>
+<div class='nf-center c000'>
+ <div><span class='small'>[<cite>The Champion</cite>, a London Weekly Journal, Saturday, July 9th, 1814.]</span></div>
+ </div>
+</div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><i>The Case of Lord Cochrane.</i></div>
+ </div>
+</div>
+
+<div class='quote'>
+
+<p class='c023'>Lord Cochrane’s case is pregnant with the most weighty
+interests and most touching considerations. Every subject
+of this country who has access to a knowledge of the facts is
+bound, as a matter of positive duty, to investigate its merits,
+with a view to behaving afterwards, according to the means
+arising out of his condition, in the best way calculated to
+<span class='pageno' id='Page_479'>479</span>assist the vindication of what his conviction shall tell him to
+be justice, as it relates to the public and to the party. It
+contains the most forcible appeal to every one distinctly to
+bring his opinion to bear on it, that the irresistible strength of
+the popular sentiment may either furnish to an injured person
+his remedy, or solemnly confirm the disputed decision of the
+tribunal which has adjudged him guilty of a serious offence.
+On one side, the common feelings of humanity, as well as a
+regard for the national honour and the general welfare, as
+composed of the safety of individuals, are warmly excited,
+that an innocent man should not be suffered to perish, to sink
+down and be overwhelmed in the gulf of infamy and ruin,
+in the sight of us all standing around him, while he in vain
+cries to us for help, and extends his arms to us for protection.
+If Lord Cochrane shall be left by his countrymen to be sacrificed
+pursuant to his sentence, and if there shall nevertheless
+appear to be good grounds for disbelieving his guilt, we must
+blush for England; considering the advantages which its
+people possess, they would be more disgraced by the occurrence
+among them of a calamity of this kind, than the French
+were by the murder of the Calas family,—we had almost said
+than by the wholesale murders of the revolution, which were
+committed by a few wretches possessed of power, whose
+atrocities were stupidly submitted to by an ignorant and
+debased nation. The judges and others officially concerned
+in convicting and punishing Lord Cochrane, have not by any
+means their characters implicated in the correctness of these
+proceedings to the same degree that the national character is
+implicated in the conduct which its people shall now adopt
+between the parties. A Court, during the judicial process,
+which only lasts a few hours, may be misled by some great
+error; the administration of the law must be regulated by
+prescribed forms, and these, however generally useful, will
+often become hardships in their application to particular
+cases;—the accused party may not be prepared with all the
+evidence bearing on his cause, or may mar it by his injudicious
+conduct, or his employed advocate may take a wrong view
+<span class='pageno' id='Page_480'>480</span>of what is for the interest of his client. These possibilities
+should render us cautious in attributing an erroneous judgment
+and unmerited sentence to corrupt motives existing in the
+tribunal from whence they proceed; but they also abundantly
+prove how much depends on holding no official decision
+whatever exempt from scrutiny. We are astonished when we
+hear such a man as Mr. Wilberforce declare that it is improperly
+disgracing a court of law to submit the correctness of
+its proceedings to public investigation; that gentleman, for
+whom we have the greatest respect, is even averse to the
+interference of the House of Commons to discharge such a
+duty, although facts of acknowledged difficulty and of a
+nature to excite the keenest sympathy, thrust themselves on
+the most superficial observation, forcing doubt, and, therefore,
+demanding deliberation. This, if we understand him right,
+he does not deny, but in their very teeth would acquiesce
+silently and impassively in what has been done, lest, as he says,
+<em>we should throw reproach on the administration of justice</em>—“the
+purest among the pure,”—the “fairest among the
+fair,” and so forth. Does, then, Mr. Wilberforce forget, that
+not only is the House of Commons legally competent to judge
+of every act of authority up to the very highest, but that the
+real superiority of this country’s political condition, and the
+conscious feeling which we all have of the value of our constitution
+are to be traced to its <em>exercise</em> of this right. What
+should we have been if this doctrine as to the indelicacy of
+scrutinising the conduct of public functionaries had been always
+adopted? What enormities have been the consequence of its
+temporary prevalence? Then, again, how can it escape his
+acuteness that, as no human institution or person is infallible,
+none ought to claim or receive an exemption from a superintending
+cognisance? Farther, admitting, as he must when
+put to it, that the Courts may pronounce wrong judgments,
+will he affirm that they will be more disgraced by having the
+injurious effects of these prevented by timely interference,
+than by an acquiescence in that worst of all calamities and
+disgraces, the punishment of innocence? This is the point
+<span class='pageno' id='Page_481'>481</span>which is so unaccountably overlooked by those who take Mr.
+Wilberforce’s view of the question; they think, or at least by
+their arguments would seem to think, that the correction of
+an error is more disgraceful to the party who is wrong than
+its perpetration; they do not seem to understand that the
+most honourable thing that can be said of the institutions of
+any country, is that, as a whole, they render it impossible
+that there should be any wrong without a redress, an evil
+without a remedy,—and that each of these institutions derives
+a respectability and strength from this general eulogium, of a
+far more legitimate and lasting kind, than can result from an
+impunity which tends to foster its worst errors and assist its
+progress towards destruction.</p>
+
+<p class='c001'>We have said enough to show that, in our opinion, the
+House of Commons ought to have conducted for itself an inquiry
+into Lord Cochrane’s case; more particularly when facts
+were laid before it which raised grave doubts of his Lordship’s
+guilt in the minds of some of its most respectable and
+impartial members. It is the object of this article to impress,
+that it now devolves on the public, and more particularly on
+his Lordship’s constituents the electors of Westminster, to
+investigate the whole business for themselves, by means of the
+various documents and evidence which they can command.
+Our readers must not look for these in our weekly sheet; we
+cannot among our miscellany furnish them even with a correct
+outline of the proceedings of the Court, the debates in the
+House of Commons, his Lordship’s defence, and the affidavits
+supporting it. Most of these, however, are to be procured,
+and justice, manliness, and humanity require they should be
+attentively considered. We shall proceed to state and justify
+our own sentiments on this most interesting affair, as they
+have been influenced by the progressive information we have
+received. This will be expected of us; but, we repeat, in a
+case like this, each ought to investigate and judge for himself.
+As we have hitherto rested our remarks on the possibility of
+Lord Cochrane’s innocence, it is proper now to add that the
+voice of the public should now be raised in defence of their
+<span class='pageno' id='Page_482'>482</span>legal authorities, and in reprobation of an indecent obstinacy
+of denial, supported by falsehood wearing its most atrocious
+features, should inquiry convince them of Lord Cochrane’s
+guilt.</p>
+
+<p class='c001'>We are impelled to mention first that, whether properly or
+improperly, we previously cherished no particularly favourable
+opinion of Lord Cochrane as he was known to the public.
+He always seemed to us more likely to throw discredit on the
+cause of honest politics, by joining the word reform with
+hasty, intemperate, and undignified proceedings, than to
+accomplish any real good by his efforts, notwithstanding they
+were generally directed to the removal of what was wrong.
+Besides this, we thought we observed about him too little
+selection in his companionships, and too little of what is high-mindedly
+delicate in his conduct. We heard of the charge
+brought against him by the Stock-Exchange certainly with no
+disposition to turn from it as incredible; on the contrary, we
+leaned, with the majority, to a belief of his guilt, through
+the weight of the accusation, and a certain weakness, arising
+chiefly from incoherency, in his Lordship’s inconsiderately
+published defence. The trial came on, and, by the reports of
+it in the newspapers, our original belief was strengthened:
+we saw no reason to doubt the propriety of the conviction; we
+began, indeed, from what we heard and read, to fancy that
+Lord Cochrane’s guilt might be less heavy than that of the
+others who were included in the indictment; we suspected
+that he had not been made privy to the mysteries of the plot,
+although he might have culpably connived at what he knew
+to be going on, understanding that it would tend to his advantage,
+but not perfectly acquainted, nor seeking to be, with
+all the particulars.</p>
+
+<p class='c001'>With this impression on our mind, we at the same time
+felt that Lord Cochrane had been exposed to various hardships
+and disadvantages, in the course of the legal proceedings
+against him; and that these were sufficient to put even innocence
+in a very precarious situation on its trial; in short, to
+justify what an hon. member said in the House—that
+<span class='pageno' id='Page_483'>483</span>he had need to be not only <em>fully</em>, but <em>fortunately</em> guiltless,
+who should escape conviction under such circumstances. The
+being included in an indictment with a number of persons,
+several of whom he had never seen, by which the evidence
+and the jury’s attention were confused, and an odium was
+thrown on <em>all</em> the accused should the guilt of <em>any</em> be proved;
+the refusal of the judge to attend to the counsel, when they
+prayed that the trial might be adjourned before they commenced
+the defence, after a sitting of fifteen hours, and when
+the jury were incapable of giving close thought to the statement,
+the adjournment taking place immediately when the
+defence was concluded, by which the prosecutors had given to
+them a great advantage in framing the reply; the very fierce
+and unqualified terms of the judge’s charge to the jury,
+putting every fact in the strongest language against his
+Lordship, and laying little or no stress on the other side of
+the supposition;—all these things combined, constituted, as
+we thought, a case of hardship, of which the convicted party
+might reasonably complain.</p>
+
+<p class='c001'>The proceedings after the trial were more unequivocally
+severe. The rule of the court, under which Lord Cochrane
+was refused a new trial, because others over whom he had no
+control did not appear with him to seek it, was plainly inconsistent
+with justice as distinct from law—at least, as it
+operated in this instance; it therefore shocked the public
+sense, and raised a strong feeling in favour of the aggrieved
+party. It is pleasing to find Mr. Ponsonby, who is not only
+an eminent lawyer, but one by no means to be suspected of a
+disaffected turn, declare that this rule is as little founded in
+law as in justice or reason; that it has, moreover, no ancient
+custom to plead in its behalf, but is of very novel introduction.
+We have some ground, then, for hoping that this
+piece of “profound wisdom,” as Sir W. Garrow luminously
+termed it, which every one scouts as senseless and cruel, and
+which is besides an <em>innovation</em>, will shortly give place to a
+more liberal, and useful, and <em>ancient</em> form of practice.</p>
+
+<p class='c001'>The facts contained in Lord Cochrane’s defence, made
+<span class='pageno' id='Page_484'>484</span>personally in court when he was brought up to receive sentence,
+and which has since been published in its entire form, threw
+a new light on many important points of his case, and gave
+an explanation, reconciling with his innocence several matters
+which served before to prove his guilt. This is a document
+which our readers should not fail to peruse.</p>
+
+<p class='c001'>At last came the sentence, and, in common with all the
+world, we were astounded by it. It thunderstruck the prosecutors,
+who felt abashed and have petitioned against it; it
+amazed both sides of the House of Commons; it disgusted
+all persuasions of people—those who acquiesced in as well as
+those who dissented from the conviction. It seemed of most
+forgetful severity, when Lord Cochrane’s naval services were
+considered; of most injurious severity when his political
+conduct was looked at in connection with the happier fate of
+certain peculators and delinquents whose turpitude to the
+public had nothing to relieve its atrocity but their subserviency
+to the court. In short, the punishment awarded by the judge
+(we allude to the pillory) appears almost to everyone over-charged,
+as it relates to the crime, unsuitable as it relates to
+the person convicted, and unseemly as it relates to him who
+presided at the trial. It is but fair to notice one exception,
+by quoting from Sir Francis Burdett’s speech:—“The sentence
+he thought cruel, disgusting, and severe beyond all example.
+The noble Lord who was the object of it was the only person
+he had met with who was not of this opinion. His Lordship,
+when he (Sir F. Burdett) visited him in the King’s Bench
+Prison, said that he had not to complain of his sentence, but
+of his conviction. Were he guilty, the whole of his punishment,
+and more than the whole, was justly due to him.”</p>
+
+<p class='c001'>We come now to the proceedings in the House of Commons.
+His Lordship’s defence there ought certainly, in some way or
+other, to be got before the public: with his feelings highly
+strung and irritated, as it would seem, in an extraordinary
+degree, it contained passages reflecting on the conduct of
+Lord Ellenborough, which the newspaper reporters were told in
+plain terms they would publish at their peril. Lord Cochrane
+<span class='pageno' id='Page_485'>485</span>evidently delivered himself under the almost maddening
+consciousness of having been the victim of gross injustice;
+some of his accusations, pronounced with great bitterness, it
+may be found necessary to keep back; but the narrative and
+argumentative part of his statement should certainly be
+printed. It had a prodigious effect on those who heard him:
+several of the most impartial and steady Members declared
+that, in their view, it established that there had been on the
+trial <em>a misdirection of the jury by the judge of a most
+material nature</em>, and to the prejudice of his Lordship as one
+of the accused; they added, that on the facts which everyone
+thought told most against his Lordship, he had shed a
+totally new light, either by offering to rebut them with
+testimony that deserved attentive consideration, or by explaining
+circumstances which altered their import, or by showing
+with much simplicity and indication of general feeling how
+they had been misconceived, and to what unlucky accidents it
+was owing that they had operated to his prejudice. Persons
+whose respectability and judgment will not be impeached from
+either side of the House protested that under the weight of
+what they had heard they could not sleep on their pillows
+were they to vote for Lord Cochrane’s expulsion without
+further inquiry: many affirmed that the case had always
+appeared to them doubtful, and that now their doubts had
+become of the most serious kind. A gentleman who interrupted
+his Lordship in the course of his animadversions on
+the Chief-Justice, avowed that however injudicious and unfounded
+these circumstances were, he could not shut up his
+opinion from facts so strong as those contained in the defence,
+nor could he reconcile it to his conscience to add confirmation
+to a verdict of the soundness of which he saw reason to doubt,
+and bitterness to a fate which it was more than possible might
+be undeserved.</p>
+
+<p class='c001'>Yet the House voted the expulsion of Lord Cochrane, not
+however without a division. Forty-four were for further
+inquiry, and 140 for expulsion. On the face of this proceeding
+it appears that forty-four intelligent and honest men
+<span class='pageno' id='Page_486'>486</span>think that there is at least a strong call for further investigation,
+yet Lord Cochrane has been <em>sentenced to the pillory</em>!
+But if we read the speeches of the Members, we shall find it
+by no means follows that the 144 who decided for expulsion,
+are satisfied as to his Lordship’s guilt. Mr. Wilberforce,
+for instance, speaks of the case as very distressing, and as
+very painful to his feelings—but adds that <em>he deemed it his
+duty to bow to the decision of the judge and jury</em>. Now,
+this is not an exercise but a surrender of judgment; and,
+indeed, we may infer that Mr. <a id='corr486.10'></a><span class='htmlonly'><ins class='correction' title='Wilbeforce'>Wilberforce</ins></span><span class='epubonly'><a href='#c_486.10'><ins class='correction' title='Wilbeforce'>Wilberforce</ins></a></span> attaches at least
+doubt to the case, for otherwise he would not regard it as distressing,
+but rather as one in which the offender had deprived
+himself of every claim to compassion, by shameless obstinacy
+and abandoned perjury. It is observable that the propriety
+of expulsion was almost invariably rested on the propriety of
+<em>supporting the court of law</em>, and on the many inconveniences
+which, as it was truly enough said, would attend a reinvestigation
+of the proceedings. The reader sees that these considerations
+have no connection with Lord Cochrane’s guilt or
+innocence; yet, judging from the temper and sentiment
+manifested by the House, we are inclined to believe that it
+was these which chiefly produced its decision, and that a very
+large proportion of the majority are far from satisfied in their
+minds that their late associate has been properly convicted.</p>
+
+<p class='c001'>For ourselves, we have no hesitation to say, after a most
+impartial study of the various documents, that our opinion is
+changed, and that from thinking the weight of evidence on
+the side of Lord Cochrane’s guilt we now think it on the
+side of his innocence. This, at least, is incontestible, that
+great difficulties were imposed upon him by legal forms;
+that the most important facts were misrepresented to his
+prejudice on his trial; and that if the charge of the judge
+was adopted by the jury as a clue to their decision, they have
+been misguided.</p>
+
+<p class='c001'>The best statement of Lord Cochrane’s defence that we
+have seen was in the <cite>Morning Herald</cite>; the reports in the
+<cite>Times</cite> and <cite>Chronicle</cite> gave no idea of it; but we suppose it
+<span class='pageno' id='Page_487'>487</span>will speedily be published in a more perfect form than any in
+which it has yet appeared. It makes perfectly clear that the
+Chief-Justice’s most important assertion to the jury, that
+Lord Cochrane received De Berenger “<em>in the costume of his
+crime</em>,” is utterly unsupported by any evidence given on the
+trial, and that it is in contradiction to several strong probabilities:—it
+directs attention to the singular fact that Lord
+Ellenborough, in some instances, quoted Lord Cochrane’s
+voluntary affidavit for proof against him, and in others denied
+it all authority and truth:—it does all but prove that De
+Berenger’s dress, when he came in the hackney-coach to
+Lord Cochrane’s house, was falsely described by the coachman,
+and it convicts this witness of other falsehoods, while it
+justifies a belief that he may have been actuated by a corrupt
+desire for the reward, by showing that he is a convicted
+ruffian of the vilest kind:—it satisfactorily accounts for the
+non-examination of Lord Cochrane’s servants by counsel on
+the trial, for whose examination his Lordship pressed by note
+when the proceedings were going on, who would have proved
+that De Berenger’s dress was not of a kind to excite suspicions
+in any breast:—it makes very manifest that Lord
+Cochrane has suffered by being joined with others whose
+guilt must be presumed; conscious of his own innocence,
+and therefore believing theirs, he left to them the trouble of
+arranging the defence to the indictment, and neither his
+wishes nor his interests seem to have been consulted:—it
+establishes that he had no connection with De Berenger’s
+defence, and gives reason to believe that he was but little
+acquainted with his person:—it tenders fresh testimony, on
+the oaths of five respectable witnesses, as to the manner in
+which Lord Cochrane’s bank-notes found their way into
+De Berenger’s hands:—in fine, it mentions a multiplicity
+of circumstances furnishing presumption of innocence, and
+makes it indubitable that the case might have had much
+assistance of which it has been from one cause or another
+deprived.</p>
+
+<div class='c056'>(Signed)&#160;&#160;&#160;&#160;&#160;&#160;“<span class='sc'>Ed.</span>”</div>
+
+</div>
+<p class='c019'><span class='pageno' id='Page_488'>488</span>I have only selected such opinions of the press as
+may serve to elucidate what has been advanced. Were
+I to collect public opinion as expressed at the time,
+such collection would far more than exceed this volume
+in bulk. If necessary for my fuller defence, it must
+yet be adduced, should my life be spared. That my
+days have been thus far prolonged, is, under Providence,
+to be attributed to the skill of my physician, Dr.
+Bence Jones, and to the unremitting care and attention
+of my constant medical attendant, Mr. Henry Lee,
+of Savile Row.</p>
+
+<div class='c020'><span class='sc'>Dundonald.</span></div>
+
+<div class='nf-center-c0'>
+<div class='nf-center c003'>
+ <div>END OF THE SECOND VOLUME.</div>
+ </div>
+</div>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><span class='small'>LONDON</span></div>
+ <div><span class='small'>PRINTED BY SPOTTISWOODE AND CO.</span></div>
+ <div><span class='small'>NEW-STREET SQUARE.</span></div>
+ </div>
+</div>
+
+<hr class='c057'>
+<div class='footnote' id='f1'>
+<p class='c001'><a href='#r1'>1</a>. This concession will, in the future narrative, render necessary a
+slight recapitulation of some matters contained in the previous
+volume, but not to any appreciable extent.</p>
+</div>
+<div class='footnote' id='f2'>
+<p class='c001'><a href='#r2'>2</a>. See my conversation with Lord Mulgrave, vol. i. pp. 345, 346.</p>
+</div>
+<div class='footnote' id='f3'>
+<p class='c001'><a href='#r3'>3</a>. See my letter to the Secretary of the Admiralty, vol. i. p. 408.</p>
+</div>
+<div class='footnote' id='f4'>
+<p class='c001'><a href='#r4'>4</a>. See Minutes of Court-martial, p. 228.</p>
+</div>
+<div class='footnote' id='f5'>
+<p class='c001'><a href='#r5'>5</a>. The original was neither produced at the court-martial nor
+before the Court of Admiralty. A far greater and more deliberate
+error will appear in a future chapter.</p>
+</div>
+<div class='footnote' id='f6'>
+<p class='c001'><a href='#r6'>6</a>. The malice of offended faction pursued me even to this remote
+part of the globe, in the shape of a “Foreign Enlistment Act”
+(59th George III. cap. 69). This Act was introduced by the Attorney-General,
+Sir Samuel Shepherd, for the express purpose of
+preventing any one from assisting the South American States then
+at war with Spain; the Act being thus especially levelled at me,
+though injuriously driven from the service of my own country.</p>
+</div>
+<div class='footnote' id='f7'>
+<p class='c001'><a href='#r7'>7</a>. Sets of these charts, bound as described, were found on board
+the grounded ships captured in the afternoon of the 12th of April,
+and were therefore available for the purposes of the court-martial,
+had it been deemed expedient to consult them.</p>
+</div>
+<div class='footnote' id='f8'>
+<p class='c001'><a href='#r8'>8</a>. This anchorage was plainly marked on the French charts supplied
+to the British ships, as deposed to by the officers present in
+the action. (See the evidence of Captain Broughton, <cite>Minutes</cite>,
+p. 222, and that of Captain Newcomb, p. 198). The correctness of
+the chart furnished by me being thus clearly established in evidence.</p>
+</div>
+<div class='footnote' id='f9'>
+<p class='c001'><a href='#r9'>9</a>. In reality, from eighteen to twenty feet, at spring tides, as
+appeared from the testimony of various officers, Admiral Stopford
+amongst others. Even Mr. Stokes marked on his chart a rise of
+twenty-one feet, so that there was abundance of water for the
+operation of ships of the largest class. The defence of the Commander-in-chief
+was, that there was not sufficient water at half-flood
+to float the ships!</p>
+</div>
+<div class='footnote' id='f10'>
+<p class='c001'><a href='#r10'>10</a>. See pp. <a href='#Page_58'>58</a> and <a href='#Page_63'>63</a>.</p>
+</div>
+<div class='footnote' id='f11'>
+<p class='c001'><a href='#r11'>11</a>. Erroneously, according to the logs of the other ships.</p>
+</div>
+<div class='footnote' id='f12'>
+<p class='c001'><a href='#r12'>12</a>. <span class='pageno' id='Page_20'>20</span>This was fully corroborated by Captain Malcolm, when, having
+said that “there were <em>no obstacles</em> to prevent the frigates and some
+ships of the line from going into Aix Roads, he was asked by the
+President, “if he made known to the Commander-in-chief that by
+keeping close to the Boyart Shoal the ships <em>might have gone in?</em>”</p>
+
+<p class='c001'>The reply was in every way remarkable.</p>
+
+<p class='c001'><span class='sc'>Captain Malcolm.</span>—“I do not know that I mentioned this to the
+Commander-in-chief. <em>The charts showed it.</em>”—<cite>Minutes</cite>, p. 214.
+A complete corroboration of the correctness of my charts tendered to
+but rejected by the Court; though as these had been supplied under
+the sanction of the Admiralty, it was out of the question to reject
+them as the basis of evidence, inasmuch as there could be none other
+of a reliable nature.</p>
+</div>
+<div class='footnote' id='f13'>
+<p class='c001'><a href='#r13'>13</a>. The following extract from my evidence, and the singular
+remark from Admiral Young, are extracted from the minutes of the
+court-martial.</p>
+
+<p class='c001'>“The Commander-in-chief had the same charts as I was in possession
+of, and from these I formed my conclusion with respect
+to the anchorage. In reconnoitring the enemy’s fleet, <em>so near as
+to induce him to open a fire from almost his whole line</em>, I reported
+to the Commander-in-chief the ruinous state of Ile d’Aix, <em>the
+inner fortifications being completely blown up and destroyed</em>. There
+were only 13 guns mounted.”</p>
+
+<p class='c001'><span class='sc'>Admiral Young.</span>—“Will you consider, my Lord Cochrane, before
+you go on, <span class='fss'>HOW FAR THIS IS RELEVANT</span>”!!!—<cite>Minutes</cite>, p. 58.</p>
+
+<p class='c001'>My assertion of the fact that the Commander-in-chief’s charts were
+identical with my own, as having come from the Admiralty, was considered
+<em>irrelevant</em>, because, had they been put in, or mine not rejected,
+there could have been no doubt of the result of the court-martial.</p>
+</div>
+<div class='footnote' id='f14'>
+<p class='c001'><a href='#r14'>14</a>. It is a singular circumstance that notwithstanding the chart was
+flung under the table and rejected by the Court, I found it <em>bound up
+amongst the Admiralty records</em>!</p>
+</div>
+<div class='footnote' id='f15'>
+<p class='c001'><a href='#r15'>15</a>. The ships which were sent in though too late were untouched
+by shot or shell. For the depth of water they found on going
+in, see page 71.</p>
+</div>
+<div class='footnote' id='f16'>
+<p class='c001'><a href='#r16'>16</a>. My signals were, “<em>half the fleet</em> can destroy the enemy.” Then,
+“the <em>frigates alone</em> can destroy the enemy.” Yet in his defence
+Lord Gambier assumed that I had signalled for the fleet at a time
+when, as he alleged, it could not have floated for want of water?</p>
+</div>
+<div class='footnote' id='f17'>
+<p class='c001'><a href='#r17'>17</a>. See Captain Malcolm’s evidence, page 58. Also Captain Godfrey’s,
+of the <i>Etna</i>, who “<em>thinks</em> some of the enemy’s shot went
+over them” (<cite>Minutes</cite>, p. 173), but admits that not a mast, yard,
+or even a rope-yarn was touched.</p>
+</div>
+<div class='footnote' id='f18'>
+<p class='c001'><a href='#r18'>18</a>. “I was furnished by Lord Cochrane with a French chart, <em>and
+considered it a good one</em>.”—<cite>Evidence of Captain Newcomb</cite>, p. 199.</p>
+
+<p class='c001'>I had for several years been in the possession of official French
+charts, which, in my previous cruises, had not been found defective,
+and from those charts I had at all times drawn my conclusions with
+respect to the depth of water, or other circumstances which related
+to the navigation on the enemy’s coast.”</p>
+
+<p class='c001'><span class='sc'>President.</span>—“The coast of the enemy, I suppose you mean?”</p>
+
+<p class='c001'><span class='sc'>Lord Cochrane.</span>—“I refer to the French coast.”</p>
+
+<p class='c001'><span class='sc'>Admiral Young.</span>—“When did you discover that there was this
+anchorage in deep water?”</p>
+
+<p class='c001'><span class='sc'>Lord Cochrane.</span>—“I have said that in going in I found the
+soundings correct, and that, in fact, I had such confidence in the
+chart, that I had said to Admiral Keates, when we were off there,
+and to Admiral Thornborough, that there <em>could be no difficulty in
+going in there and destroying the enemy’s fleet</em>. I took the chart on
+board Admiral Thornborough’s ship.”—See my Letter to Admiral
+Thornborough, vol. i. p. 195.—<cite>Lord Cochrane’s Evidence</cite>, p. 57.</p>
+</div>
+<div class='footnote' id='f19'>
+<p class='c001'><a href='#r19'>19</a>. “Till <em>about noon</em>, the <i>Ocean</i>, three-decker, was <em>heeling considerably,
+and appeared to me to be heaving her guns overboard</em>.”—<cite>Captain
+Malcolm</cite> (<cite>Minutes</cite>, p. 209). She escaped about two o’clock
+<span class='fss'>P.M.</span>, just before I advanced in the <span lang="fr"><i>Impérieuse</i></span>, lest all should escape.</p>
+</div>
+<div class='footnote' id='f20'>
+<p class='c001'><a href='#r20'>20</a>. “I <em>think</em> their yards were not locked.”—<cite>Evidence of Mr.
+Fairfax</cite>, <cite>Minutes</cite>, p. 144. It was, however, <em>so nearly</em>, that Mr.
+Fairfax, a witness carefully in Lord Gambier’s interest, could only
+<em>think</em> about it. He reluctantly admitted that all lay “<em>within a ship’s
+length of each other</em>,” and ships lying aground on their bilge inclined
+towards each other at an angle of thirty degrees are—if not locked
+together—completely incapable of resistance.</p>
+</div>
+<div class='footnote' id='f21'>
+<p class='c001'><a href='#r21'>21</a>. It is a remarkable fact that many of the witnesses chiefly relied
+on by the Commander-in-chief, in confirmation of his having done
+his duty, <em>had not been in Aix Roads at all</em>, and could therefore have
+no knowledge of anything, except their remaining inactive with
+the fleet whilst the enemy’s ships were warping off. Mr. Stokes
+was of this number; yet all were questioned on points known only
+to officers intimately acquainted with Aix Roads, and present at the
+action. But for the court to adopt <em>exclusively</em>, as will presently
+be seen, a chart constructed by a man who admitted that an important
+portion had been laid down <em>from hearsay</em>, was monstrous;
+the more so, as the official charts, would have shown the truth.</p>
+</div>
+<div class='footnote' id='f22'>
+<p class='c001'><a href='#r22'>22</a>. Mr. Stokes, moreover swore, in his evidence, that the <i>Ocean</i>
+three-decker lay <em>on the north-west edge of the Palles Shoal</em>, and that
+the group lay on the <em>western</em> part of the same shoal, though the
+latter observation was incorrect, as the group lay around the
+Ocean, which formed a part of it. On his chart these vessels are
+placed to the <span class='fss'>SOUTH-EAST</span> of the shoal, and <em>the remainder</em> nearly <span class='fss'>DUE
+EAST</span>!! That is, in place of being “<em>nearest the deep water</em>,” where
+they were easily attackable, they were placed on the chart “<em>farthest
+from the deep water</em>,” where they were not attackable. He swore
+too that they lay with their broadsides “<em>flanking the passage</em>” to
+Aix Roads. On his chart, not one of them “flanks the passage,”
+but all are made to <em>flank the opposite direction</em>; so that they could
+not have fired on any British ship which might have been sent in.</p>
+</div>
+<div class='footnote' id='f23'>
+<p class='c001'><a href='#r23'>23</a>. In his subsequent evidence Mr. Stokes admitted that he had
+<em>never sounded there at all</em> previous to the action!</p>
+
+<p class='c001'><span class='sc'>Question.</span>—“Had you any knowledge of that anchorage previous
+to the 12th of April?”</p>
+
+<p class='c001'><span class='sc'>Mr. Stokes.</span>—“<span class='sc'>None whatever!</span>”—<cite>Minutes</cite>, p. 148.</p>
+
+<p class='c001'>He swears that everything on his chart is <em>accurately described</em>—then,
+that “the distance between the sands,” which was one of the
+most important points of the court-martial, <em>was copied from a French
+MS.!</em> the name of whose author he does not think proper to communicate,
+nor does the court ask him! nor was any MSS. produced
+in Court. Yet, as master of the Admiral’s flagship, Mr. Stokes
+must have navigated her by the French charts supplied by the
+Admiralty, though these when tendered by me to the Court had been
+rejected. The fleet could, in fact, have had no other for its guidance,
+as no British survey of Aix Roads was in existence. Such charts
+were surely a better guide in any case than an anonymous MSS.</p>
+</div>
+<div class='footnote' id='f24'>
+<p class='c001'><a href='#r24'>24</a>. Compare charts A and C.</p>
+</div>
+<div class='footnote' id='f25'>
+<p class='c001'><a href='#r25'>25</a>. The President thus dictated to Captain Beresford:—“Captain
+Beresford <em>must</em> say whether the ships are marked on <em>that</em> chart (Mr.
+Stokes’s) as they appeared to him.” Captain Beresford took no
+notice of the order.</p>
+
+<p class='c001'>Captain Bligh was less independent when asked to vouch for the
+accuracy of Mr. Stokes’s chart. He “<em>thinks</em> the enemy’s ships, on
+the morning of the 12th, were as there represented, though Mr.
+Stokes, in contradiction to his own chart, had sworn <em>that they were
+not so marked, but only those that were destroyed</em>!”</p>
+
+<p class='c001'>When asked if the ships aground could have annoyed the British
+ships had they been sent in? Captain Bligh replied, “I <em>think</em> they
+were capable of annoying the British ships.”—<cite>Minutes</cite>, p. 154.
+He, however, immediately afterwards stated that the ships “were
+not within reach of the guns of the British squadron.”</p>
+
+<p class='c001'>Captain Kerr “<em>thinks</em> the situation of the enemy’s fleet on the
+morning of the 12th was marked on Mr. Stokes’s chart <em>as nearly as
+it can be</em>. There were seven sail-of-the-line ashore, and two afloat.”—<cite>Minutes</cite>,
+p. 166. What had the numbers ashore or afloat to do
+with their exact position? A palpable evasion of the question was
+permitted by the court.</p>
+</div>
+<div class='footnote' id='f26'>
+<p class='c001'><a href='#r26'>26</a>. Nine miles off. This answer shows most forcibly the nature
+of the data on which Mr. Stokes’s chart was constructed.</p>
+</div>
+<div class='footnote' id='f27'>
+<p class='c001'><a href='#r27'>27</a>. See p. <a href='#Page_68'>68</a>.</p>
+</div>
+<div class='footnote' id='f28'>
+<p class='c001'><a href='#r28'>28</a>. See note, p. <a href='#Page_26'>26</a>.</p>
+</div>
+<div class='footnote' id='f29'>
+<p class='c001'><a href='#r29'>29</a>. <span class='sc'>I gave Mr. Stokes the marks!!!</span> and I have all the different
+angles <em>in my pocket</em>, with the different soundings! (<cite>Mr. Fairfax’s
+Evidence, Minutes</cite>, p. 140.) This evidence is truly wonderful.
+Yet the Court made no comment! and I was excluded from listening
+to the evidence!</p>
+</div>
+<div class='footnote' id='f30'>
+<p class='c001'><a href='#r30'>30</a>. Who were more interested in the failure of the action than its
+success, from the fact shown in the first volume of the ill-feeling
+manifested towards me in consequence of my being a junior officer
+temporarily appointed, though against my own will, and after all
+others had declined the enterprise.</p>
+</div>
+<div class='footnote' id='f31'>
+<p class='c001'><a href='#r31'>31</a>. Though I had suggested the plan, after all other suggestions
+had failed to satisfy the Board of Admiralty.</p>
+</div>
+<div class='footnote' id='f32'>
+<p class='c001'><a href='#r32'>32</a>. This fact, together with the particulars of Sir Robert Wilson’s
+restoration, was obligingly communicated to me by that distinguished
+patriot Joseph Hume, together with a letter expressive of his surprise
+that my restoration had not been rendered complete. This
+letter and the enclosures will be given in another place.</p>
+</div>
+<div class='footnote' id='f33'>
+<p class='c001'><a href='#r33'>33</a>. My third son is a post-captain, and my youngest a commander
+in the navy, both having won their rank by services in action. With
+regard to my eldest son, Lord Cochrane, the public shall judge of
+the favour shown to him on my account. He was originally placed
+in the navy, in which he served four years, but was driven from the
+service by the animosity excited by the imputations against his father.
+After this he entered the army, in which he served eighteen years.
+He was engaged throughout the Canadian rebellion, and subsequently
+for eight consecutive years in the pestilential climate of China during
+the war. He there served under Lord Clyde, acted as aide-de-camp
+to Major-General D’Aguilar, and subsequently as Quartermaster-General.
+His health having at length broken down under the arduous
+nature of his duties—he having been, as I have reason to believe, the
+only officer who remained for so long a period on a station proverbially
+unhealthy—he was ordered home on sick leave, and had to
+undergo the unusual mortification of being periodically, and that too
+at short intervals, ordered to appear before the Medical Board in
+London. This was actual persecution, nor did it cease till Major-General
+D’Aguilar himself went to the Horse Guards and remonstrated
+against such conduct being pursued towards an officer whom
+he had sent home as being worn out by eight consecutive years’ hard
+duty. On my son’s asking for an unattached majority <em>by purchase</em>,
+he was told that his length of service, from 1833 to 1851, was insufficient,
+notwithstanding that he gave the precedent of earlier promotion
+in the case of an officer who had married the daughter of the
+Master-General of the Ordnance, and who got his majority in eleven
+years. Finding no prospect of promotion, my son sold out, quitting
+the army as a captain, as the state of his health did not warrant him
+in returning to his regiment. I adduce this as a specimen of the
+kind of reward bestowed on me or my family.</p>
+</div>
+<div class='footnote' id='f34'>
+<p class='c001'><a href='#r34'>34</a>. <span class='pageno' id='Page_51'>51</span>See vol. i. p. <a href=https://gutenberg.org/cache/epub/77060/pg77060-images.html#Page_392>392</a>.</p>
+</div>
+<div class='footnote' id='f35'>
+<p class='c001'><a href='#r35'>35</a>. Which rose as high as the last quarter of the ebb tide, when
+two line-of-battle ships were sent in and remained without
+grounding.</p>
+</div>
+<div class='footnote' id='f36'>
+<p class='c001'><a href='#r36'>36</a>. Two ships of the enemy’s line afloat, viz. the <i>Foudroyant</i> and
+<i>Cassard</i>!! “These,” said Lord Gambier in his defence, “<em>must
+have entirely crippled every one of our ships in their approach through
+so narrow a channel</em>. Besides which, <em>some of the grounded ships
+were upright!!</em> and could have brought their guns to bear on the
+entrance.” (Lord Gambier’s Defence, <cite>Minutes</cite>, p. 125.) Two
+enemy’s ships, both of which made sail for the Charente the moment
+the escaped ships had got off, “<em>must have entirely crippled</em>” a
+powerful British squadron!!!</p>
+</div>
+<div class='footnote' id='f37'>
+<p class='c001'><a href='#r37'>37</a>. This was said with the full knowledge that when “our own”
+were reluctantly sent in, <em>no damage was sustained</em>. To use Lord
+Gambier’s own words in making his defence, “<em>Not one, even of the
+smallest of our vessels employed, has been disabled from proceeding
+on any service that might have become necessary.</em>” (<cite>Minutes</cite>,
+p. 138.)—A circumstance not at all expected by the country when
+the destruction of the enemy’s fleet was required.</p>
+</div>
+<div class='footnote' id='f38'>
+<p class='c001'><a href='#r38'>38</a>. This reply is very characteristic. He knew, as Stokes swore,
+that the “<em>enemy’s ships were aground with their sterns to the
+westward</em>,” and that not only could they not return a fire, but that
+a broadside from a British ship must have gone clean through them
+from stern to bow; but, unlike Stokes, he would not swear that
+ships in such a position could have “<em>annoyed and raked the king’s
+ships</em>.” The enemy’s ships were merely “<em>in a favourable place for
+it!!</em>” And so they were, had they been <em>afloat</em> instead of helplessly
+<em>ashore</em>, heeling over at an angle of thirty degrees.</p>
+</div>
+<div class='footnote' id='f39'>
+<p class='c001'><a href='#r39'>39</a>. Precisely the time at which Lord Gambier ordered the fleet to
+come to an anchor, after it had been got under weigh with every
+indication of proceeding to an attack.</p>
+</div>
+<div class='footnote' id='f40'>
+<p class='c001'><a href='#r40'>40</a>. See vol. i. p. <a href=https://gutenberg.org/cache/epub/77060/pg77060-images.html#Page_342>342</a>.</p>
+</div>
+<div class='footnote' id='f41'>
+<p class='c001'><a href='#r41'>41</a>. See vol. i. p. <a href=https://gutenberg.org/cache/epub/77060/pg77060-images.html#Page_191>191</a>.</p>
+</div>
+<div class='footnote' id='f42'>
+<p class='c001'><a href='#r42'>42</a>. Mr. Stokes said the ships going in must have been “<em>at half
+range of shell and point blank shot</em>!” (<cite>Minutes</cite>, p. 148.) Mr.
+Stokes’s observation was taken “from the mizentop of the <i>Caledonia</i>;”
+that of Captain Broughton from actual exposure to the
+fire of the batteries.</p>
+</div>
+<div class='footnote' id='f43'>
+<p class='c001'><a href='#r43'>43</a>. <span class='pageno' id='Page_67'>67</span>Lord Gambier had just before written to the Admiralty that an
+attempt with fireships would be “<em>hazardous if not desperate</em>.” He
+had no intention of attacking otherwise. And after the enemy’s
+ships had been driven ashore by the explosion vessels, Captain
+Broughton testifies to Lord Gambier’s expressions that he did not
+intend to make any attack, as the object of their destruction seemed
+to be already accomplished. That is, neither before nor after the
+action did he intend to make any attack with the fleet, nor would
+he have done so unless a partial attack had been forced on him by
+my signal on the <em>afternoon</em> of the 12th of April.</p>
+</div>
+<div class='footnote' id='f44'>
+<p class='c001'><a href='#r44'>44</a>. See vol. i. page <a href=https://gutenberg.org/cache/epub/77060/pg77060-images.html#Page_342>342</a>.</p>
+</div>
+<div class='footnote' id='f45'>
+<p class='c001'><a href='#r45'>45</a>. It is marked on Mr. Stokes’s chart that the rise of tide is
+<em>twenty-one feet</em>.</p>
+</div>
+<div class='footnote' id='f46'>
+<p class='c001'><a href='#r46'>46</a>. Yet Captain Broughton had “hit” it, and that without finding
+any shoal at all!</p>
+</div>
+<div class='footnote' id='f47'>
+<p class='c001'><a href='#r47'>47</a>. <cite>Minutes</cite>, p. 123.</p>
+</div>
+<div class='footnote' id='f48'>
+<p class='c001'><a href='#r48'>48</a>. This is incorrect. They were calculated to burn twelve minutes,
+and exploded in about half that time.</p>
+</div>
+<div class='footnote' id='f49'>
+<p class='c001'><a href='#r49'>49</a>. Inspection of more than one of the logs can leave no doubt,
+from the neatness of the handwriting, that those relating to the date
+of the action had been recopied, and could not have been written
+from day to day; which from the difference in the pen and other
+little circumstances must have shown itself as in other logs. In one
+instance portions of the signal book have been transcribed into the
+ship’s log. <span class='sc'>G.B. Earp.</span></p>
+</div>
+<div class='footnote' id='f50'>
+<p class='c001'><a href='#r50'>50</a>. See vol. i. p. <a href=https://gutenberg.org/cache/epub/77060/pg77060-images.html#Page_404>404</a>.</p>
+</div>
+<div class='footnote' id='f51'>
+<p class='c001'><a href='#r51'>51</a>. See vol. i. p. <a href=https://gutenberg.org/cache/epub/77060/pg77060-images.html#Page_407>407</a>.</p>
+</div>
+<div class='footnote' id='f52'>
+<p class='c001'><a href='#r52'>52</a>. The action took place in Aix Roads. The only victory gained
+by Lord Gambier in Basque Roads was that of bringing his ships
+to anchor there whilst the enemy’s ships were quietly heaving off
+from the banks on which they had been driven, nine miles distant
+from the fleet.</p>
+</div>
+<div class='footnote' id='f53'>
+<p class='c001'><a href='#r53'>53</a>. The red ribbon.</p>
+</div>
+<div class='footnote' id='f54'>
+<p class='c001'><a href='#r54'>54</a>. He however omitted so to do.</p>
+</div>
+<div class='footnote' id='f55'>
+<p class='c001'><a href='#r55'>55</a>. Demanding the reasons for my opposition to the vote of thanks.
+See vol. i. p. <a href=https://gutenberg.org/cache/epub/77060/pg77060-images.html#Page_404>404</a>.</p>
+</div>
+<div class='footnote' id='f56'>
+<p class='c001'><a href='#r56'>56</a>. This admission by a ministerial partisan was true. It was
+chiefly owing to this that the fireships, to use Lord Gambier’s
+words, “failed to take effect on the enemy’s ships;” viz. by kindling
+them where they drifted on the shoals or went wide of the enemy’s
+fleet.</p>
+</div>
+<div class='footnote' id='f57'>
+<p class='c001'><a href='#r57'>57</a>. See Lord Grey’s expressions, <i>infra</i>.</p>
+</div>
+<div class='footnote' id='f58'>
+<p class='c001'><a href='#r58'>58</a>. There was no attack at all on the night of the 13th, for all the
+ships taken were destroyed on the afternoon and night of the 12th.</p>
+</div>
+<div class='footnote' id='f59'>
+<p class='c001'><a href='#r59'>59</a>. No such thing. I followed up nothing on the 14th, except
+trying to evade Lord Gambier’s signals of recall. A pretty clear
+proof that the Chancellor had never even read the despatches, and
+less the minutes of the court-martial!</p>
+</div>
+<div class='footnote' id='f60'>
+<p class='c001'><a href='#r60'>60</a>. About which I did not trouble myself, and by which the
+<span lang="fr"><i>Impérieuse</i></span> was not once hit.</p>
+</div>
+<div class='footnote' id='f61'>
+<p class='c001'><a href='#r61'>61</a>. Lord Gambier had recently been a colleague of the Lords of
+the Admiralty.</p>
+</div>
+<div class='footnote' id='f62'>
+<p class='c001'><a href='#r62'>62</a>. Mr. Croker, who did not, however, respond to the challenge of
+my excellent colleague. Had he done so, the House would, no
+doubt, have been highly amused at the result. But Mr. Croker
+was “wise in his day and generation.”</p>
+</div>
+<div class='footnote' id='f63'>
+<p class='c001'><a href='#r63'>63</a>. Nine.</p>
+</div>
+<div class='footnote' id='f64'>
+<p class='c001'><a href='#r64'>64</a>. Alluding to the court-martial.</p>
+</div>
+<div class='footnote' id='f65'>
+<p class='c001'><a href='#r65'>65</a>. See Lord Gambier’s letter, Vol. I. p. <a href=https://gutenberg.org/cache/epub/77060/pg77060-images.html#Page_342>342</a>.</p>
+</div>
+<div class='footnote' id='f66'>
+<p class='c001'><a href='#r66'>66</a>. See Vol. I. p. <a href=https://gutenberg.org/cache/epub/77060/pg77060-images.html#Page_408>408</a>.</p>
+</div>
+<div class='footnote' id='f67'>
+<p class='c001'><a href='#r67'>67</a>. For having, as Buonaparte afterwards said (see Vol. I. p. 421),
+suffered themselves to be terrified by the explosion-vessels, so as to
+take every fireship for one, and then to run their ships ashore in
+order to avoid the impending danger; this result forming the very
+essence of my plan. Poor Captain Lafon of the <i>Calcutta</i> was
+shot, <em>not for surrendering to Lord Gambier’s fleet</em>, but to the <span lang="fr"><i>Impérieuse</i></span>
+frigate under my command, she being a vessel of inferior
+force to the <i>Calcutta</i>.</p>
+</div>
+<div class='footnote' id='f68'>
+<p class='c001'><a href='#r68'>68</a>. Though he had thwarted, but not so effectively as he might
+have done, the powerful armament mentioned at the commencement
+of the next chapter.</p>
+</div>
+<div class='footnote' id='f69'>
+<p class='c001'><a href='#r69'>69</a>. See Captain Broughton’s Evidence, p. <a href='#Page_95'>95</a>.</p>
+</div>
+<div class='footnote' id='f70'>
+<p class='c001'><a href='#r70'>70</a>. See Captain Broughton’s evidence, p. <a href='#Page_64'>64</a>.</p>
+</div>
+<div class='footnote' id='f71'>
+<p class='c001'><a href='#r71'>71</a>. See Lord Gambier’s defence, p. <a href='#Page_100'>100</a>.</p>
+</div>
+<div class='footnote' id='f72'>
+<p class='c001'><a href='#r72'>72</a>. Ed. An. Reg. vol. iv. p. 107.</p>
+</div>
+<div class='footnote' id='f73'>
+<p class='c001'><a href='#r73'>73</a>. The defence to these charges consisted of what was termed
+eloquence, but which was nothing but empty declamation, without
+the slightest attempt at argument. The subjoined effort of Mr.
+Canning on this very occasion is a specimen:—</p>
+
+<p class='c001'>“Good God! was this the time to suppose that the character of
+the House of Commons was lost, and that the most hazardous experiments
+should be made to restore it! It was the character and
+influence of that House which achieved all our blessings! and distinguished
+the character and condition of this country from that of
+any other country in the world! Was the source from which such
+blessings flowed to be stigmatised as a sink of corruption?”</p>
+
+<p class='c001'>Even at the present day this is amusing.</p>
+</div>
+<div class='footnote' id='f74'>
+<p class='c001'><a href='#r74'>74</a>. The Tory organs in England said that I threatened to shoot
+Chapman. I need hardly say that this was a gratuitous falsehood.
+With the exception of the silly duel narrated in the first volume, I
+never either harmed, or intended to harm, a man in my life, otherwise
+than in action. The fact was, both these Maltese officials
+were illegally appointed, and they knew it. The officers and crews
+of the ships of war present had but too much experience of their
+selfish conduct, and were as well pleased as myself at the success
+of my method of keeping their natural enemies at bay, so that the
+<em>pseudo</em>-marshals were in reality frightened at their own warrants.</p>
+</div>
+<div class='footnote' id='f75'>
+<p class='c001'><a href='#r75'>75</a>. This charge contained a wilful falsehood, viz. that the table
+of fees was hung in “the Registry;” the perversion of truth being
+proved by the remarks in Parliament of the King’s Advocate, Sir
+John Nicholls, on the authority of the Maltese Court, as follows:—</p>
+
+<p class='c001'>“Lord Cochrane went to the court-room of the Vice-Admiralty,
+for the purpose of comparing the charges in his bills with the table
+of established fees, which, according to Act of Parliament, ‘should
+be suspended in some conspicuous part of the Court.’ After looking
+for it in vain in the Court, <em>and in the Registry</em>, whither he was
+first directed by His Majesty’s Advocate, he was told that he might
+see it affixed on a door leading to the adjoining room. The table
+was certainly not in its place—but it was as certainly not concealed!”
+(<cite>Speech of Sir J. Nicholls in the House of Commons,
+June 6th, 1811.</cite>)</p>
+
+<p class='c001'>It was equally false that the King’s Advocate directed me where
+to look for the table of fees; the whole affair having taken place as
+narrated in this chapter.</p>
+</div>
+<div class='footnote' id='f76'>
+<p class='c001'><a href='#r76'>76</a>. <span class='pageno' id='Page_178'>178</span>As it may be useful to note the despotic practices of our foreign
+tribunals in those days, I will transcribe a portion of the Judge’s
+speech on this occasion, as correctly reported at the time. On my
+demanding to cross-examine the witnesses against me, Dr. Sewell
+said:—</p>
+
+<p class='c001'>“The present course was the one practised on these occasions.
+He would not allow any but a direct answer to the charge made,
+and if that contained no crime, he should himself be responsible.”</p>
+
+<p class='c001'>He then said that he must administer to Lord Cochrane certain
+interrogatories, and on Lord Cochrane persisting in demanding his
+accuser or accusers, in place of replying to the questions, <em>the Judge
+peremptorily required answers</em>.</p>
+
+<p class='c001'>In place of giving these, I denied the competence of the Court to
+take cognizance of a criminal charge, asserting that it was not a
+Court of Record; and that on a pretended accusation made by
+witnesses who could not be produced, I had been arrested, imprisoned
+in the common gaol, and publicly criminated, without being
+permitted to clear myself by being placed face to face with my
+accusers, &#38;c. &#38;c.</p>
+</div>
+<div class='footnote' id='f77'>
+<p class='c001'><a href='#r77'>77</a>. In February, 1811, I pointed out to the House of Commons the
+monstrous fact that 107 ships of the line were in commission to
+watch 23! (Hansard, vol. xv.)</p>
+</div>
+<div class='footnote' id='f78'>
+<p class='c001'><a href='#r78'>78</a>. That is, the First Lord agreed with my statements, but objected
+to inquiry because I moved for it!</p>
+</div>
+<div class='footnote' id='f79'>
+<p class='c001'><a href='#r79'>79</a>. I had only asked for three or four handy frigates to carry out
+my plans, and indeed, could not have employed more with effect, as
+being under my entire supervision.</p>
+</div>
+<div class='footnote' id='f80'>
+<p class='c001'><a href='#r80'>80</a>. See my speech on the address of Sir Francis Burdett.</p>
+</div>
+<div class='footnote' id='f81'>
+<p class='c001'><a href='#r81'>81</a>. Viz. as not having reference to the execution of the whole.</p>
+</div>
+<div class='footnote' id='f82'>
+<p class='c001'><a href='#r82'>82</a>. How well these could have been spared is evident from Capt.
+Hall’s letter, see page 221.</p>
+</div>
+<div class='footnote' id='f83'>
+<p class='c001'><a href='#r83'>83</a>. Page <a href='#Page_209'>209</a>.</p>
+</div>
+<div class='footnote' id='f84'>
+<p class='c001'><a href='#r84'>84</a>. The American merchant service.</p>
+</div>
+<div class='footnote' id='f85'>
+<p class='c001'><a href='#r85'>85</a>. I had given notice.</p>
+</div>
+<div class='footnote' id='f86'>
+<p class='c001'><a href='#r86'>86</a>. The truth of the matter will appear in the second debate.</p>
+</div>
+<div class='footnote' id='f87'>
+<p class='c001'><a href='#r87'>87</a>. For a refutation of this see chap. vii.</p>
+</div>
+<div class='footnote' id='f88'>
+<p class='c001'><a href='#r88'>88</a>. See vol. i. p. <a href=https://gutenberg.org/cache/epub/77060/pg77060-images.html#Page_150>150</a>.</p>
+</div>
+<div class='footnote' id='f89'>
+<p class='c001'><a href='#r89'>89</a>. He had just said there was a great improvement in the condition
+of the seamen.</p>
+</div>
+<div class='footnote' id='f90'>
+<p class='c001'><a href='#r90'>90</a>. He had paid 90<i>l.</i> for them, as I had asserted.</p>
+</div>
+<div class='footnote' id='f91'>
+<p class='c001'><a href='#r91'>91</a>. This is an error. My uncle, an East India merchant, was the
+Hon. Basil Cochrane, a highly honourable man, not the one alluded
+to by Lord Campbell.</p>
+</div>
+<div class='footnote' id='f92'>
+<p class='c001'><a href='#r92'>92</a>. It was my uncle Basil with whom I for a time resided.</p>
+</div>
+<div class='footnote' id='f93'>
+<p class='c001'><a href='#r93'>93</a>. On one special occasion only.</p>
+</div>
+<div class='footnote' id='f94'>
+<p class='c001'><a href='#r94'>94</a>. This vindictive sentence the Government did not dare carry
+out. My high-minded colleague, Sir Francis Burdett, told the
+Government that if the sentence was carried into effect, he would
+stand in the pillory beside me, when they must look to the consequences.
+What these might have been, in the then excited state
+of the public mind, as regarded my treatment, the reader may
+guess.</p>
+</div>
+<div class='footnote' id='f95'>
+<p class='c001'><a href='#r95'>95</a>. My restoration to rank.</p>
+</div>
+<div class='footnote' id='f96'>
+<p class='c001'><a href='#r96'>96</a>. See my affidavit in the Appendix.</p>
+</div>
+<div class='footnote' id='f97'>
+<p class='c001'><a href='#r97'>97</a>. A messenger of the Court.</p>
+</div>
+<div class='footnote' id='f98'>
+<p class='c001'><a href='#r98'>98</a>. The post-boy admitted on the trial that he had several previous
+examinations, and that he <em>received</em> 52<i>l.</i> <em>for his evidence</em>!</p>
+</div>
+<div class='footnote' id='f99'>
+<p class='c001'><a href='#r99'>99</a>. The italics and capitals are Lord Campbell’s.</p>
+</div>
+<div class='footnote' id='f100'>
+<p class='c001'><a href='#r100'>100</a>. Not if the “<em>revised</em>” report of the trial is consulted; for the
+studied appearance of fairness which is there put on might mislead
+the reader. But if the <span lang="la"><i>verbatim</i></span> reports of the trial are consulted,
+as they appear in the <cite>Times</cite> and other daily papers, I have no fear
+of any amount of criticism, or that anything but my entire innocence
+will be made manifest. The <span lang="la"><i>animus</i></span> against me is there so clear,
+that the reader would hardly be induced to inquire further.</p>
+</div>
+<div class='footnote' id='f101'>
+<p class='c001'><a href='#r101'>101</a>. Mr. Hume’s statement that David Ricardo was the prosecutor
+on the part of the Stock Exchange throws additional light on the
+selection of Mr. Lavie, as the <em>acting prosecutor</em> on the trial. As
+Mr. Ricardo was selected to manage the prosecution, the transference
+of his duties to <em>a known Admiralty solicitor</em>, who had once before
+been successfully employed against me, requires no comment.</p>
+</div>
+<div class='footnote' id='f102'>
+<p class='c001'><a href='#r102'>102</a>. The italics in this document are Mr. Hume’s.</p>
+</div>
+<div class='footnote' id='f103'>
+<p class='c001'><a href='#r103'>103</a>. <span lang="fr"><i>Ville de Varsovie</i></span>, of 80 guns; <span lang="fr"><i>Tonnerre</i></span>, of 74 guns; <span lang="fr"><i>Aquilon</i></span>, of 74
+guns; and <i>Calcutta</i> of 56 guns.</p>
+</div>
+<div class='footnote' id='f104'>
+<p class='c001'><a href='#r104'>104</a>. <i>Indefatigable</i>, <i>Unicorn</i>, <i>Aigle</i>, <i>Emerald</i>, <i>Pallas</i>, <i>Beagle</i>, <i>Etna</i> bomb,
+<i>Insolent</i> gun-brig, <i>Conflict</i>, <i>Encounter</i>, <i>Fervent</i>, and <i>Growler</i>.</p>
+</div>
+<div class='footnote' id='f105'>
+<p class='c001'><a href='#r105'>105</a>. No signal marked on the margin.</p>
+</div>
+<div class='footnote' id='f106'>
+<p class='c001'><a href='#r106'>106</a>. Sir Alexander, previous to his departure, had applied to the Admiralty
+for the employment of De Berenger.</p>
+</div>
+<div class='footnote' id='f107'>
+<p class='c001'><a href='#r107'>107</a>. Messrs. H. and R. were Harrison’s solicitors on the trial between
+him and the Hon. B. Cochrane, and have since been employed by Mr.
+Murray, though they have not effected his liberation.</p>
+</div>
+<div class='footnote' id='f108'>
+<p class='c001'><a href='#r108'>108</a>. It is due to the unfortunate Mr. Murray to observe, that his yielding
+to the arts which appear to have been practised upon him, to induce him
+to introduce my name into the evidence he had to give at the trial, is
+solely to be attributed to the imbecility of his mind (naturally good),
+occasioned by a long-continued habit of excessive drinking.</p>
+</div>
+<div class='footnote' id='f109'>
+<p class='c001'><a href='#r109'>109</a>. He was imprisoned for defaming Mr. Cochrane, and afterwards detained
+for debt in the King’s Bench, where his acquaintance with Mr.
+Murray is supposed to have commenced.</p>
+</div>
+<div class='footnote' id='f110'>
+<p class='c001'><a href='#r110'>110</a>. Neither in Green Street, nor any former residence. See answer to
+an anonymous letter, at the end of this publication.</p>
+</div>
+<div class='footnote' id='f111'>
+<p class='c001'><a href='#r111'>111</a>. See the <em>second</em> of the series of questions which I addressed to my
+solicitors, July 25th.</p>
+</div>
+<div class='footnote' id='f112'>
+<p class='c001'><a href='#r112'>112</a>. At Cambo, in France, on the borders of Spain.</p>
+</div>
+<div class='footnote' id='f113'>
+<p class='c001'><a href='#r113'>113</a>. 28th of February.</p>
+</div>
+<div class='footnote' id='f114'>
+<p class='c001'><a href='#r114'>114</a>. Ibid.</p>
+</div>
+<div class='footnote' id='f115'>
+<p class='c001'><a href='#r115'>115</a>. 14th of February.</p>
+</div>
+<div class='footnote' id='f116'>
+<p class='c001'><a href='#r116'>116</a>. Which they did on the 15th.</p>
+</div>
+<div class='footnote' id='f117'>
+<p class='c001'><a href='#r117'>117</a>. On the 15th.</p>
+</div>
+<div class='footnote' id='f118'>
+<p class='c001'><a href='#r118'>118</a>. On the 17th.</p>
+</div>
+<div class='footnote' id='f119'>
+<p class='c001'><a href='#r119'>119</a>. It was discovered by His Majesty’s law officers that these few hints,
+or “Minutes of Case,” given to my solicitors, at their own solicitation,
+preparatory to drawing the brief, furnish a contradiction to my assertion
+in the House, that <em>I gave no instructions to counsel</em>. I was desirous of
+giving these learned gentlemen the full benefit of the discovery by
+making them public, when I published this Address to the Electors of
+Westminster, but was prevented by a suggestion that the Address, with
+the other important documents annexed, were already too long for a
+communication to the newspapers; and so the editor of one of those
+prints appears to have thought, for he omitted two very important and
+inoffensive paragraphs. As the same reasons no longer exist, I insert
+the “Minutes of Case” between the Address and the questions to the
+solicitors.</p>
+</div>
+<div class='footnote' id='f120'>
+<p class='c001'><a href='#r120'>120</a>. See this explained, in the answer to an anonymous letter, at the
+end.</p>
+</div>
+<div class='footnote' id='f121'>
+<p class='c001'><a href='#r121'>121</a>. In more than one account of Lord Ellenborough’s charge, his Lordship
+was represented to have said, “If the difference between red and
+green escaped Lord Cochrane’s observation, what did he think of the
+star and medallion?”</p>
+</div>
+<div class='footnote' id='f122'>
+<p class='c001'><a href='#r122'>122</a>. I have not learnt that any of these gentlemen have made any disclosures
+in consequence of this release.</p>
+</div>
+<div class='footnote' id='f123'>
+<p class='c001'><a href='#r123'>123</a>. From an item in my solicitor’s bill, dated June 6th, only two days
+before the trial, I extract the following: “Attending a consultation at
+Mr. Serjeant Best’s chambers, when your case was fully considered, and
+all the counsel were decidedly of opinion that you must be defended
+jointly with the other defendants; and the counsel recommended your
+servants being in attendance on the trial, although they still remained of
+opinion that neither they nor any other witness ought to be examined on
+your part.” In a subsequent item, dated June 7th, the day before the
+trial, I am represented to have acquiesced; not, however, in the non-examination
+of my witness, but in the <em>joint defence</em>. It appears, however,
+that I held out to the last; and if I did acquiesce, it was then high
+time to do so, otherwise, in all probability, I should not have been defended
+at all.</p>
+</div>
+<div class='footnote' id='f124'>
+<p class='c001'><a href='#r124'>124</a>. It is also possible that they may be compelled to attempt the
+exercise of their duty when incapacitated by faintness and fatigue.</p>
+</div>
+
+<div class='pbb'>
+ <hr class='pb c000'>
+</div>
+<div class='tnotes'>
+
+<p class='c001'><a id='endnote'></a></p>
+
+<div class='nf-center-c0'>
+ <div class='nf-center'>
+ <div><span class='large'>Transcriber’s Note</span></div>
+ </div>
+</div>
+
+<p class='c001'>In the Table of Contents, the Appendices were shown to begin
+on p. 410. The correct page number is p.401.</p>
+
+<p class='c001'>Several compound words appeared midline both with and without a hyphen
+(e.g. fire-ship/fireship). Where the hyphen appears at a line break,
+it is either removed or retained, depending on other instances of the
+word.</p>
+
+<p class='c001'>At <a id='c_222.9'></a><a href='#corr222.9'>222.9</a> and on the following page, the printer failed
+to use single quotes to delimit embedded quotes of words and
+phrases: ‘<i>army flotilla</i>’, ‘army’, ‘<i>march in ordinary
+time</i>’.</p>
+
+<p class='c001'>Other errors deemed most likely to be the printer’s have been corrected, and
+are noted here. The references are to the page and line in the original.</p>
+
+<table class='table3'>
+<colgroup>
+<col class='colwidth12'>
+<col class='colwidth69'>
+<col class='colwidth18'>
+</colgroup>
+ <tr>
+ <td class='c048'><a id='c_9.8'></a><a href='#corr9.8'>9.8</a></td>
+ <td class='c048'>and so fra[u]dulently from the original</td>
+ <td class='c050'>Inserted.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_31.12'></a><a href='#corr31.12'>31.12</a></td>
+ <td class='c048'>the deep water[”]</td>
+ <td class='c050'>See p. <a href='#Page_32'>32</a> line 4.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_32.24'></a><a href='#corr32.24'>32.24</a></td>
+ <td class='c048'>to nineteen feet[”]</td>
+ <td class='c050'>Added.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_34.3'></a><a href='#corr34.3'>34.3</a></td>
+ <td class='c048'>at 11 [a.m./<span class='sc'>a.m.</span>]</td>
+ <td class='c050'>Replaced.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_38.4'></a><a href='#corr38.4'>38.4</a></td>
+ <td class='c048'>there at all[.]</td>
+ <td class='c050'>Added.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_59.13'></a><a href='#corr59.13'>59.13</a></td>
+ <td class='c048'>as I have already mentioned.”</td>
+ <td class='c050'>Added.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_77.32'></a><a href='#corr77.32'>77.32</a></td>
+ <td class='c048'><i>that point</i>.[”] What he really said</td>
+ <td class='c050'>Added.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_82.15'></a><a href='#corr82.15'>82.15</a></td>
+ <td class='c048'>NO INTENTION OF ATTACKING[.]</td>
+ <td class='c050'>Added.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_124.13'></a><a href='#corr124.13'>124.13</a></td>
+ <td class='c048'>the production of “<cite>Minutes</cite>[”]</td>
+ <td class='c050'>Added.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_150.30'></a><a href='#corr150.30'>150.30</a></td>
+ <td class='c048'>“It may [h/b]e that</td>
+ <td class='c050'>Replaced.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_220.9'></a><a href='#corr220.9'>220.9</a></td>
+ <td class='c048'>were not listen[d]ed to</td>
+ <td class='c050'>Removed.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_233.19'></a><a href='#corr233.19'>233.19</a></td>
+ <td class='c048'>Lieut.-Col[.] Colquhoun.</td>
+ <td class='c050'>Added.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_271.17'></a><a href='#corr271.17'>271.17</a></td>
+ <td class='c048'>the family fort[n/u]ne.</td>
+ <td class='c050'>Inverted.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_280.4'></a><a href='#corr280.4'>280.4</a></td>
+ <td class='c048'>to lie on the table.[”]</td>
+ <td class='c050'>Added.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_294.3'></a><a href='#corr294.3'>294.3</a></td>
+ <td class='c048'>by long[c o/ co]nfinement</td>
+ <td class='c050'>Shifted.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_303.15'></a><a href='#corr303.15'>303.15</a></td>
+ <td class='c048'>Croker’s own words[ I,/, I] shall do</td>
+ <td class='c050'>Replaced.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_326.6'></a><a href='#corr326.6'>326.6</a></td>
+ <td class='c048'>I shall ever consider this inte[r]ference</td>
+ <td class='c050'>Inserted.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_344.7'></a><a href='#corr344.7'>344.7</a></td>
+ <td class='c048'>HOW GOT UP[.]</td>
+ <td class='c050'>Added.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_370.23'></a><a href='#corr370.23'>370.23</a></td>
+ <td class='c048'>the same mi[m/n]istry</td>
+ <td class='c050'>Replaced.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_413.5'></a><a href='#corr413.5'>413.5</a></td>
+ <td class='c048'><i>[I/L]’Océan</i>, 120 guns</td>
+ <td class='c050'>Replaced.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_419.35'></a><a href='#corr419.35'>419.35</a></td>
+ <td class='c048'>[Caledonia’s/<i>Caledonia’s</i>] signal,</td>
+ <td class='c050'>Italicize.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_426.15'></a><a href='#corr426.15'>426.15</a></td>
+ <td class='c048'>he had [“]in contemplation”</td>
+ <td class='c050'>Probable.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_469.10'></a><a href='#corr469.10'>469.10</a></td>
+ <td class='c048'>they have of his Lordship’[s] innocence</td>
+ <td class='c050'>Italicize.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_470.30'></a><a href='#corr470.30'>470.30</a></td>
+ <td class='c048'>in their own persons[.]</td>
+ <td class='c050'>Added.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_472.11'></a><a href='#corr472.11'>472.11</a></td>
+ <td class='c048'>the pretens[i]on of lawyers</td>
+ <td class='c050'>Inserted.</td>
+ </tr>
+ <tr>
+ <td class='c048'><a id='c_486.10'></a><a href='#corr486.10'>486.10</a></td>
+ <td class='c048'>Mr. Wilbe[r]force attaches</td>
+ <td class='c050'>Inserted.</td>
+ </tr>
+</table>
+
+</div>
+
+<div style='text-align:center'>*** END OF THE PROJECT GUTENBERG EBOOK 77890 ***</div>
+ </body>
+ <!-- created with ppgen.py 3.57e on 2026-02-07 18:06:00 GMT -->
+</html>
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+metadata, and any other content or labor, has been confirmed to be
+in the PUBLIC DOMAIN IN THE UNITED STATES.
+
+Procedures for determining public domain status are described in
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+
+No investigation has been made concerning possible copyrights in
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+Project Gutenberg (https://www.gutenberg.org) public repository for eBook #77890
+(https://www.gutenberg.org/ebooks/77890)
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