LORD GAMBIER.

Lord COCHRANE's Speech in the House of
Commons, Monday, January 29, 1810.

not entitle any Officer to our Thanks, which, if bestowed on trifling, or indeed any occasion, except when marked by brilliant achievement, will dwindle into utter contempt, even with those on whom Sir; Painful as it is, to present myself they should be conferred. They are alto the attention of this House, on the pre- ready held lightly in the estimation of sent occasion; yet a duty which I owe the Navy, and such I freely confess is my to my Country, demands the sacrifice of feeling respecting them. I therefore enmy feelings. It is incumbent on me that treat this House, to weigh the matter well I should submit to this House, the reasons before they come to a decision, and to on which I found the Motion of which I consider what they are about, and the have given notice, for the Minutes of the consequences of voting indiscriminately Court Martial, held on Lord Gambier and blindfolded, that which was, formerly, a document which his Majesty's Ministers, bestowed exclusively on those, who were on a former night, did not seem inclined publicly known to have rendered the to grant; although absolutely necessary highest services to the state. The House in order that it might be minutely in- ought to be on their guard against giving spected, by every member, so as to be way to motions, that have such objects: enabled fairly, and impartially to decide, as by such means, Ministers might screen whether the thanks, now in the contem- themselves from reprobation; and gain plation of his Majesty's Ministers, are for a man, whose parliamentary influence due to Lord Gambier, for the part he took, they required, the highest honours they in what has been denominated, by them, could render, however unworthy the oba Victory in Basque Roads. But, as if it ject.-I contend that to give the Thanks were unnecessary that we should judge of the House to an Officer who has been for ourselves, it has been asserted, by the tried on heavy charges, who instead of going right honourable the Chancellor of the into action, continued at a distance not less Exchequer, that the merits of this case than seven miles during the whole time, have been already decided on: that the would be doing that for which no precedent Court Martial held on the Noble Lord, could be found. I am clearly of opinion, has already proclaimed his honourable ac- that the Minutes of the Court Martial, which quittal; and the zeal, ability, and anxiety I am about to move for, are indispenhe manifested for the welfare of his Ma- sably requisite; not with a view to rejesty's service. But were all this true, consider the decision of the Court; but Sir, and if it were possible that all those to give foundation to our opinion respectfacts could be ascertained, by the mere ing a matter on which we are not only inspection of the copy of a Sentence; entitled, but bound to decide justly; and still I contend, that the combination would on which the Court Martial could not denot entitle an Officer to the Thanks of cide for us. Indeed, Sir, even in Lord this House-the proudest honor that it is Gambier's written defence, we might find in our power to bestow. We have, Sir, a his Lordship's pretension to our Thanks, right, and ought to judge for ourselves, which would be some satisfaction; for in and this we can only do, by carefully the Sentence pronounced by the Court, examining the Minutes of the Court Mar- and offered as a ground, on which to rest tial, before which the Noble Lord was our judgment, I protest I can find no tried on a very serious charge: a charge claim. I shall go farther, Sir, and, though not brought against him by an individuai; it is not the object to criminate by the but by the Lords Commissioners of the production of their Minutes; yet, Sir, I Admiralty, and grounded on official do- shall boldly assert, that the charge of cuments. Upon such documents, Sir, delay will be found, not only to have been their Lordships founded the charge of proved, by the witnesses produced; but "neglect, or delay in taking effectual admitted also by his Lordship's written means to destroy the enemy;" and defence; a delay of four hours elapsed, we cannot suppose, that their Lordships by the Noble Lord's own account, even brought it without due consideration. before he took up the position, which he However this may be; I submit to the has stated to be the best, for observing the house, that zeal, ability, and anxiety for motions of the enemy, and for sending the welfare of his Majesty's service, ships to the attack, and five hours afterand having done nothing wrong, dowards elapsed before any attack was made,

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the

which is in direct opposition to the Sen- | but of the upright ones on shore, and of tence delivered by the Court;-if a Court the tremendous batteries of Aix, which, it can be called, when it appeared so ex- separately or united," according to the traordinary that the President could not testimony given, in support of the assergive it a name, as he always spoke of it tions of Lord Gambier, must have demoambiguously; thus, "what may be lished every vessel, "locked up in so contermed," or, "what may be called fined an anchorage." Though at the same "the prosecution." Not only do I as- time, and for the safety, I suppose, of his sert, Sir, that the charge has been ad- Majesty's ships, that might have been sent mitted by his Lordship, and proved by in, in defiance of "such unwarrantable witnesses; but his Lordship's written de- peril," the vessels aground are removed, fence, also, will be found to contradict by the contriver of the chart, from itself in points, on which the charge NW part of the Pallés Shoal, the NW part hinged, and in others of material import: nearest the deep water flanking the pas that his Lordship's Official Letters con- sage," where, he had sworn, they were tradict that defence, and each other; and situated, and which was the fact, to the that many of the witnesses falsify their SE side of the shoal, farthest from the own evidence in substantive facts, and deep water, and beyond the Tonnére, contradict themselves when deposing only which was not within range; and "where to the best of their knowledge. In other they never could have been approached instances they swear positively to things, by our ships for the shot to reach them." of the truth of which they had no know- This, Sir, is not all: by Stokes's deposi ledge. Which I believe is an offence tion the Cassard, one of the ships that against the law. The fabricated chart, would have raked us with such terrible Sir, will then also come under review: effect, is stated, and in truth it was so, to that chart produced by the Master have been about one-third of a mile from of the Caledonia, to the Court, in order Aix, and the Foudroyant, another of them, to explain the various positions of the about three cables length from her; but, British and French Fleets," on and previ- Mr. Stokes, in his chart, has cunningly ous to the 12th of April," for the purpose put them in a corner, between two shoals, of inducing the members, assembled on, and close to both, where, he has sworn, "what may be called," the Trial of Lord they could not be got at, though he had Gambier, to believe, that no more of the positively sworn, first that they could have French ships could have been destroyed annoyed us, and next that he did not know than were destroyed, had the British force the distance between the shoals. I have been sent in at an earlier period; although already asserted, Sir, that contradictions of the fabricator of that chart, after having, facts, on which the Charge was founded, on his first examination, sworn that it was are frequent in the Defence of Lord Gama chart of the 12th, swears afterwards that bier; but I have yet to tell this House, it was meant for the 13th, inasmuch as that these contradictions, in substantive that the only vessels marked on the facts, are, in several, nay, many instances, chart for the 12th, were those that had confirmed, sometimes one way, and somebeen destroyed;"-those, Sir, that did times in another, by the same individual not exist.—I have one word more to say, witnesses, examined in behalf of "what respecting the falsity of this vile fabrica- may be termed" the Defence.—For intion, which the master of the Caledonia stance: by some of those witnesses it is professes to have copied from the Neptune said, that the Cassard, Foudroyant, and François. The distance between the shoals some of the grounded ships, would have are contracted to little more than one-third fired with complete effect on the British of the size of the Neptune, from which, ships, had they been sent earlier to attack as I have already remarked, it is declared them; and, again, that we never could to have been taken: in order to shew have got near them for the shot to reach(for there can be no other reason) that Assertions that are, in the nature of things, the space for anchorage, as deposed incompatible; as in positive contradiction by the Masters, without knowledge of the to each other, and given in support of fact, was confined; the water round it Lord Gambier's statements, that three out shoal, and the passage narrow; and that of the seven ships aground on the Palles the British ships must have been within were never within reach of any of the point blank range, "not only of the de- fleet that might have been sent in to atstructive broadsides of the two ships afloat, tack them; and, that the other four of

ter, was captain Woolf's order to supersede me in the inner anchorage; though the secretary who wrote it, and captain Woolf who received it, were witnesses before the Court; but, had that paper been established, I will tell you, Sir, what it would have proved; it would have proved, that it had been written together with Lord Gambier's two letters of recall, on the 13th, although the signal, to the same effect, had been attempted to be denied, and witnesses examined to support assertion against his acts. I shall not detain the house longer, than to pledge myself by every thing that is valuable to man, if these Minutes are granted, to prove, though that is not immediately the intention of calling for them, not only that injustice and partiality on the part of the Court has been exercised towards me, not only that the Judge Advocate, the expounder of the

the eleven were never in a situation to be assailed, after the fire-ships failed in their main object; although at another time the noble lord declared, that some of those very ships would have raked our ships had they been sent in earlier than they were. I therefore call on the House to insist on the production of the Minutes of the Trial, and I pledge myself to prove, to the conviction of this House, and to my Country, all that I have asserted. I will also prove partiality on the part of the Court, and illegal and unjust conduct on the part of the Judge Advocate, who admitted, and even courted, evidence on one side, which he rejected on the other; and urged inquiry into the conduct of officers, whose conduct the Court were not empowered to investigate, in order that he might, by insinuations, (for there could be no other motive), create an unmerited prejudice against me, by shew-law, pointed his decisions from the course ing that their conduct had been ar- of justice; hut, Sir, that the defence is raigned by me, and so induce them to contradicted by itself, contradicted by his unite against me, and make common cause Lordship's official letters, and by his own with the Commander in Chief, who had witnesses, many of whom, as to substantive stepped forward, as he insinuated, to vin- facts, are at variance with themselves and dicate their injured characters, and exa- each other; and lastly, that the Chart mined his secretary on the subject. One of the positions of the enemy's ships on the instance may, of the many which I could 12th of April, a most material point, is false, adduce, well suffice, in relation to the con- and in every respect a foul fabrication, duct of the learned Judge Advocate:This, and all that I have said, I pledge Asked, on a certain occasion by the Presi-myself to prove to the conviction of the dent, "Is that evidence?" he answered, I world, if the Minutes of the Court are laid should think it is. And, why, Sir, did he before this house. Or, if I fail, then, Sir, think so because it was to affect the evi- let contempt and merited infamy follow dence of Lord Cochrane; in that point of me; then Sir, unworthy of the honour, view he thought it was legal evidence," al- which his majesty was graciously pleased though I had not even touched on the sub- to confer upon ine, I shall resign it back ject then under consideration. As to the into his hands, and vacate my seat in this Court, their conduct is too glaring to ad- house. I do not desire to get off with nomit of a doubt, as to the motives by which minal responsibility, and I wish his majes they were actuated. Conversations between ty's ministers could give such a pledge for officers, and questions framed upon matter their actions and for their statements.-arising out of such conversations: were ad- I now move, Sir, That there be laid bemitted, notwithstanding, Sir, my testimony fore this house, a copy of the Minutes of had been refused, in an instance, wherein the Trial of Admiral Lord Gambier, held merely stated, that the opinion I had at on board his Majesty's ship the Gladiator, the moment delivered to the Court, had in Portsmouth harbour, on the 23rd of July formerly been given in the presence of cer 1809. Also the original Minutes taken tain officers, and Sir, I submit to you, and to day by day by the Deputy Judge Advocate. the learned gentlemen in this honse, that such reference was admissible, as it was to establish that, by having said at a former time, what I then stated, I was consisteat with myself. The Judge Advocate pursued the same course, he received documents as evidence, which could not be authenticated, and on the other side, reJected those that could. Amongst the lat

Lord COCHRANE's Reply.

Sir;-Some remarks that have fallen from gentlemen on both sides of the house, call upon me for explanation ---And first, the honourable gentleman below me, has asserted, that it was my bounden duty to have brought forward, myself, charges against Lord Gambier, if I thought his con

to reprobate my conduct. I have now a word or two to say to the naval member opposite, who has spoken of forming logs for the purpose of evidence. When he throws out insinuation or rather accusations such as these, it would be but honourable in him, and justice demands that he should state the difference, which was detected in these logs. Lord Gambier, who was pretty much alive to detect errors, did point out, "that in one, the signal made, was that half the fleet could destroy" the enemy, and in the other, that it stood, part of the fleet can destroy the enemy." What, Sir, is the mighty difference be tween part and the half, a part may be either more or less or exactly the half of the fleet. Is this the error which the honourable gentleman has spoken of, or is it the circumstance of my hailing the Indefatigable which is not noticed in one, but inserted in the other. That, Sir, was a per

duct censurable.-I must tell that honourable gentleman, that, I adopted the mode that under such circumstances, it was my duty to adopt. I did not presume to frame Charges founded on my own opinion, of the transactions that had passed in Basque roads. I did not deliver Charges: but when I found that a Vote of Thanks, was to be pressed on this House, I felt myself called upon to refer their lordships to the log books and minutes of signals, where they would find reasons, why a Vote of Thanks should not be granted to the Commander in Chief, and their lordships found them, in these official documents, which are received, as evidence, in all courts of law. These, Sir, I had no power to falsify, and to these I referred, not with a wish maliciously to criminate, but to save this House and my country, from what I felt would be a disgrace. As this book has been used (Gurney's Minutes) I shall if permitted read the opinion of the Lords Commis-sonal act of my own; the words spokenbad sioners of the Admiralty, founded, I suppose, on mature deliberation. "And where as by the log books and minutes of signals of the Caledonia, Imperieuse, 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:" Such was the Charge brought against his lordship by the Board of Admiralty after investigating the log books of the Caledonia and of the fleet. No individual had the power to mislead their lordships; and this I submit to the House was the fair and honourable mode to proceed. It was regular, and not liable to be affected by prejudice, or my opinions.-I had another reason for this line of conduct, I did not chuse to oppress my mind with responsi--A. The space is much confined. I have bility; I believe, admiral Byng was called not sounded myself there.-2. Is the nato an account not by an individual but vigation of Aix roads difficult for large by his country. I trust, Sir, this explana- ships as far as you know?-A. Very much tion will be satisfactory to the House, and to the honourable gentleman who chose

nothing to do with the transactions usually inserted in the log books of ships. Those who were on board can vouch for the correctness of the fact. As to the chart, Imust address a few words more, to the same gentleman, and state to this House, and pledge myself to prove if the minutes are granted, that my chart is correct and is corroborated, as to every point for which it was produced, by the testimony of the Master of the Caledonia, who, after falsifying his own chart, swears, that the French ships lay, exactly, as I placed them. And here, Sir, I shall give a speci men of the evidence of those ingenious Gentlemen, the inventors of the fabricated chart, which was introduced, for three reasons, to shew the confined state of the anchorage, the point blank, shot of the batteries of Aix, and that no more of the enemy's ships could have been got at, than those that were destroyed. In all these points, I pledge myself to prove the chart produced by the Master of the Caledonia, false, by the mouths of its fabricators themselves, and here is their evidence. First, as to the space in the anchorage, Mr. Fairfax, on being asked. Is it much confined and the waters round it shoal?

so.

(To be continued.)

LONDON :-Printed by T. C. HANSARD, Peterborough - Court, Fleet - Street; Published by R. BAGSHAW, Brydges-Street, Covent Garden :-Sold also by J. BUDD, Pall-Mall.

VOL. XVII. No. 6.] LONDON, SATURDAY, FEBRUARY 10, 1810. [Price 13.

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for was, not a rescinding of the Order, but such an alteration of it as would prevent any member from clearing the gal

wished the matter to be subservient to reason, and not left to wild caprice, or, which was worse, to make the liberty of publishing speeches subservient to partiality, and, in fact, making it a sure means of deluding the public. In answer to this speech of Mr. Sheridan came that of Mr. Windham, and, as I mean, that he shall, in this instance, at any rate, have no

SUMMARY OF POLITICS. SHUTTING THE GALLERY.-This is what I long ago suspected would be re-lery at his will and pleasure; that he sorted to; and, when on the second day of the Session, MR. YORKE complained of the evil effects of the Speeches, made in the House of Commons; of the sanction which they gave to persons out of doors to spread about sentiments, calculated "to "make us hate one another;" when I heard this, I was pretty sure, that the last remedy, or the last but one, was about to be tried, in order to prevent us "from spread-reason to complain of a want of full jus"ing about sentiments, calculated to make tice, I shall give his words, just as I find "us hate one another.". -The motive for them published in the news-papers, not this measure is so clear; it is so evident looking upon myself as answerable for to every man of common discernment: their correctness. I find a publication of it so plainly speaks for itself, and is so a thing, called a speech, under his name, universally understood, that I shall not and upon that publication I shall freely waste one moment in remarking upon the comment.—“ Mr. Windham said, he measure itself. That measure has done " supposed it might create some surprise more than the publishing of a years' de-" that he should, on the present occasion, bates. It is a trumpet-tongued fact; and "speak and vote against the motion it has already done its business. Only brought forward by his hon. friend. let us remember, who it was that brought" This was, however, one of those acciforward the measure. Let us keep him" dental matters in which he had always in mind.—But, a debate, which has differed in opinion with his hon. friend. arisen out of this measure, is well worthy "His hon. friend had said, he thought it a of our attention. I mean, the debate of" matter of importance; he for his own the 6th instant, upon MR. SHERIDAN'S mo- "part confessed he did not think it was. tion for a Committee to consider of the " This would frequently be the case. The Standing Order for excluding Strangers, in" importance of the war had not weighed which debate MR. WINDHAM took a con- "sufficiently with his hon. friend to bring spicuous part, and upon which part, so "him to the House in the various questaken by him, it shall be my business to "tions concerning it, though this Standing comment at full, after I have inserted "Order had produced that effect. what has been published as his Speech "hon. friend had always been an advoupon that occasion, and have given some "cate for the Liberty of the Press. He account of what appears to have been said by others. MR. SHERIDAN

His

(Mr. Windham) was the same; but on "other grounds, and what had been said acknowledged, that the right of any by his hon. friend on the present quesmember to move for the exclusion of "tion, seemed to him to be rather the strangers was recognized by a Standing "matter of a threat than an argument. Order, and that his motion needed no one "To allude to the enforcement of all to second it, nor need he state any rea- "other Standing Orders was a threat, and sons; but, that, upon the bare motion of" not an argument. This Standing Order any member, at any time, the house must" had obtained and been submitted to for be cleared of strangers. He acknow-"a century, and no inconvenience had ledged that this was the law of the House; "been found in it till within the last 30 but, he insisted, that there were many "years. His hon. friend seemed to conother of its laws, which had fallen into "sider the right of admission of strangers disuse; and, he said, that what he wished" into the gallery as a part of the consti