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Day (Newspaper) - May 24, 1809, London, Middlesex EVERY SIX PRICE COURT MARTIAL AT ran Tar 1 RIAL OF REAU ADMIRAL ELIAB ON BOARD HIS MAJESTYS SHIP THE MAV This morning at eight oclock a gun was fired si a filial fora Court Martial on and at nine oclock a flag was hoifled at the raizen peak ior the Admirals and Captains to come on At half paft nine oclock the members of the vf ere and were as follow Admiral Sir Judge Advocate the ufual c were fworn CHARICS conduced the profe cuiiui lor tilt having been RearAdmiral ILiM appeared on the left of the Judge Advo ctiftody of the Admiralty The ADVOCATE commenced the bufi lor which die Court was by read Admiralty order for affembling the Court aad the following letters of Lord Gam upon which the accufations againft Rear Hirvey are in Bifquc April n Majeftys hip Imperieufe arrived anchorage and Lord Cochrane Slivered to me your fignjfying dieir Lord to me to employ him on the fervice ui attempting to deftroy die enemys tby dig HUMUS of and I beg leave to aflure thdr that Lord Cochrane fhall have evcrv with all the means in my power give for die accompiifhment of fo de an As die hvefhips may be expefled to arrive rv I immediately communicated to lie different fhips through the medium of the of the diviuons to the refpeitive Cap the projected intention of deftroying the enemys directed diem to furnifh me vhe names of fuch Lieutenants as would vo lunteer to command the which may not he unJtr the direction of an officer of the rank and alfo that a certain number volunteer feamen fufficient to man the fire Ws or for any odacr fervice fhould be kept in rcadincfs at the dime time I held out to die officers and men volunteers encouragement of reward by their to fuch as diftinguifh on dlis Upon RcarAdmiral Harvey came on board the and ftated a number of of and men on board the Tonnant that were volunteers to undertake the and he offered himfelf to have the direction of txrcutmg that I infbrtnted him that their Lordlhips had fixed upon Lord Cochrane for the On which Rear Admiral Harvey de to me in the moft violent and difrefpeaful and defired me to conlider it as an offi cial that if he was paffed and Lord or any junior ap pointed in he hould immediately a Jlriie htt fog and refign his 1 in formed him I hould be forry he hould take fuch a thatdieLordiCommiffioners of the Admiralty having fixed on Lord and directed rfle to employ him on this I couldnotdeviatefromtheir Lordfhips The Rear Admiral upon diis continued his vehement infulting language to and ftated how much he had been neglected for his former fer both by myfelf holding a feat at their Lordfhips as well as by others of their Lordfhips predeceflors there that he had not been rewarded for the eminent fervices he had performed and after much violent a continuation of infulting geftures and which I beg to allure their Lordfhips irvcdmy temper and calmncfs towards he de clared that he had differed with me in with refpect to my conduft in the command of the fleet that lie could impeach me mifcon and bad and by fay with fame intuiting toue and he then offered himfelf to go in tie or any old rotten to board the ene mys threedecked hip in Aix and bring her Here I muft obferve to iheir Lord that in a converfatiou a few days ago with Rear Admiral Harvey upon die pofition of the enemys he ftated it to be Kis ilut Uiips that entered their anchorage to at tack the enemy could never return from I will not trouble their Lordftips with any farther detail refpecting the difrefpccttul conducl of RearAdmiral Harvey towards but Only fas diat I never in my life received fo much in fult to wound my feelings fo fliarply as on the prifint I muft that I uniformly fhewn the RearAdmiral that re and attention which his rant entitled him to nd I can venture to appeal to all die officers under my that the fince I have been icommand of the has been conduded with the Create ft harmony beft underftandmg Mitli the officers tieir Lordfhips have done hie the honour to place under Hiy and that 1 have ufed all the and dilt in my power to discharge my duly with m Urity and liiuler thefe and aconfidera the public fervice may be I iheir Lordfhips will fee the neceffity of tAirg tiie moft fpeedy meafures for relieving roe embarraffing fituation in which I am placed by the Officer fecond in command to me treating me in a manner fo contemptuous J fo as to ampant even to Having ftated what I have I begryoa their that I dp jt only wth H to vindicate myChaiaaerfrom die afperfiotos caft wpOn it by an Officer rfo 11 lently irritated agamft me Rear Admiral Harvey to bey and an aft If thetr Lordfhips fhould upon this think it to order a Court Martial to be heldttpoh Rear Admiral for his I beg it may be confidered that I referve to myfelf the right of making an appli cation for that Ihave the honour to Your moft obedient humble Signed The in Bafquc 4th I clofed my letter to this 88 dating the conduft of Rear Admiral Harvey yefterdayi it has come to my knowledge that he in many of me in a moft contemptuous and difrefpecrful manner to feveral officers in the and done fo with that that it cannot fail to have been difllminated amongft tho inferior officers and feamen under my It is truly painful to particularly under the circumftances of an approaching that language hould have been ufed by any calculated to fnbvert good confidence and difci and to militate fo much againft the pro ceedings of the public fervice more especially that itfhould have been ufed by an Officer hold ing die fituation of fecond in command I cannot hefitite upon the courfe which it becomes necellai y for me to pur fue on this and tlierefore to re queft that the Lords Commillioners cf the Ad miralty will be pleafed to order a to try RearAdmiral Harvey upon tho charges fet forth in my letter of this days Jjtc and for as hereinbefore Ipokei of and of my character and Dif ferent in an unofficerlike and ous tending to fubvert the difcipl the much to the prejudice of the pubr 1 have the honour to your moft obc dient humble Signed The Lord GAMDIER was then called and examined by 1 believe that your Lordfhip was Com mander in Chief of the Channel Fleet on the 3d of April and that your Lordfhins flag was fly ing in his Majeftys ibip the Caledonia I On what particular duty was your Lord fhips fleet at diat cime In blockading the enemys fleet anchored off die llle of Did your in confequence of the orders you received from the Lords Commif fi oners of the employ Lord Commander of the to burn the ene mys fleet in Bafque and on what day did your Lordfhip receive fuch I received fuch iaftruftions on the iJd or 3d of April t1 cannot fpeak positively wkieh Be pleafed to produce that The order was then produced and Did your in of that iflue and what to the Cnptains of die through die medium of the Admi rals of on the fubjcfl of that I iiTued orders dirough die medium of the Flag What was RearAdmiral Harveys rank and fituation at diat time Admiral Har vey was RearAdmiral of the and fecond in Did RearAdmiral Harvey afterwards come on board the and on what day Admiral Harvey came on board the Cala donia in the afternoon of the 3d of Be pleafed to late to the Court all thai pafled between your Lordfhip and the RearAd miral on that day Having detailed the un pleafant circumftances that led to the interview with Admiral in which he offered an in fult to as Commander in Chief of the Chan nel which I could not pafs over with regard to that dlfcipline which it was my duty to port and In the afternoon of the 3d of as I ftated Admiral Harvey came on board the and in my no other perfon being informed trrat in confequence of the orders I had calling upon the officers and feamen of tjie fleet to vo lunteer their ferviees in the that were preparing to deftroy the enemys fleet in Bafque there were feveral officers in the Tonnant ready to undertake that Admiral Harvey offered himfelf to me for the duty I informed that I had received die directions of the Lords Commiflloners of the Admiralty to employ Lord Cochrane to con duct the enterprise of the Upon which Admiral Harvey declared to in a high tone and difrefpeftful that if he were pafled and Lord or any oilier officer junior to employed on that fervice in preference to he hould immediate ly defire to ftrike his and reflgn his commif I informed Admiral Harvey that I fhould be forry be hould take fo ftrong a mea fure diat I had received the directions of die from which I could not To this Admiral in a vehement and infult ing faid he had been neglefted for his former fervices by when Lord of the Ad and by other Members of diat and that he had not been rewarded for the nent fervices be had He in a very contemptuous ofienfive to that he was hire I bad written to die Admiralty to propofe or recommend fome officer junior to fuperfede hin in the execution of any fervice that might be undertaken by dae fleet in Bafque Obferving Admiral Harveys I was careful to avoid faying any tilingthat iUVU t rnuhkation with Lofd iriformrog him 6f the pofitton of the andAat tnysffeetlay inoth expofed bjteratijns of fittflbipfc no aatobt Voltmtem could be got to fcrVifcer mentioning any perfon to conducl it which in formation Uie Rear by bis manner and appeared to treat with He faid ho me to an1 account but that tiros or place for in a moft contemptuous that he defpifed diemeanhds of my fend ing an application trj the the Acr ing Mailer of the Murtial upon the Rear I obferve 1 ufed all means in my power tp accommodate difference between AdmnalHarvey andthe Maf I thought acknowledge ment of the Admiral Harvey alfo re proached me with ijot confiding or any other I arii not certain as to the precife bet 1 believe he fpoke to that and that Sir John Duckworth told him would fide nothing to Admiral faid he differed with me in opinion wrth to my conduct and management of th he could impeach ana bad management and id an infulting manner that he offered himfelf to the Tonnant or any old rotten 7tgun nip to board tie enemys three deck fhip in Air and bring her This Fconftdered in no other light than an infult to I beg leave to obferve that previous to this Admiral in declared that any Ihip which went to attack the enemy would never Shortly after this I was told that Admiral Harvey went on the quarter deck and ufed the moft infulting and contemptu ous language towards His Lordfhip was proceeding to late what he had when he was ftopped by the who requefted him to confine himfelf only towhat he had a perfonal knowledge Examined by tie Did Harvey any thing relpeding your management of the fleet more once He never laid any thing on that till on that DnJ lie at any previous interview make ufe ot u Did RearAdmiral Harvey accompany his to your Lordfhip with any and wiit Uurcs More by exprellions of anger heat in his and by lifting hib hand in a way I thought than in any other Here the examination of this witnefs for the proft mineil ly jidmiral Did your Lordfhip at any time communi cate wih we on the fubjedt of attacking the enemy in Bafque Roads I had fome con veifation with Admiral Harvey on the praitica aility of the attack and his opinion I have al ready ftated in the courfe of my Did your Lordlhip confult with the junior officers of the fleet previous to this communica tion The ommander in Chief was anfwerable to any one ror his in this as it did not go to rebut any part of his former Admiral Harvey therefore withdrew die qnef Does not your Lordfhip know diat I have ofrtreil to make any apology to your Lordfhip that a gentleman ought to or that a man of honour ought to certainly do know and hould have been fiappy to accept had it been confident with my duty to my nnd to my profeffion as a naval md what I owe to my public charadler as Com mander in Chief of the Channel But I muft ftate that I have no perfonal enmity or re fcntment towards Admiral Harvey for his Lord Gambicr then HARRV BURRARD NEALE Were you on board the Caladonia on the 3d of April laft I Do you recnlleft RearAdmiral Harvey coming on board that and after having an nterview with Lord Gambier in his com ng to ynur cabin I Be pleafed to ftate to the Court what Rear Admiral Harvey faid reflecting die Commander in Chief in your and the manner in which he exprefled I was converf ing at that time with Lord when he came and addreffing himfelf principally to expreffed his difapprobation of the appoint ment of Lord and faid he fhoiild ftrike bis flag and relign his commifljon as foon as the fervice was He faid Lord Gambler was not a man fit to command a fleet that he had never feen a thing fo ill conduced in all its ppiafefince he had taken thecommand that in rtead of fending boats to found the and confider the beft manner of attacking the he was employed or amufed himfelf with mufter ing the hips companies that he taken no pains to inform himfelf of the fituation of the enemy and that if Lord Nelfon had been he would have advanced to the enemy at or words to that He faid he had been fpeaking his mind tp Admiral Gambier that the Commander in Chief hadreceived him very coldly after die battle of and had treated him very ill in having tranfmitted the re qneft oftheMatter of the Tonnant to die Admi requeftinga Court Martial to try bim Ad miral What were the precife words nfed by Ad miral Harvey in his dflapprobation of Admiral When he came into my he went up and hook hands with Lord feying he flicuild have been happy to fee him on any other That hewas er tremely mortifiedat not beiiig appointed tothe command of the fireflrips and that he would trikehis flag as foon as that accom afforedbiin that he did not feek the Here the resetted thewitnCls to ceavour to words fcf AdmiiiiHarveyf in ejtprfcffing his fen trmeBts and the witneft replied ke had re re Do you know any other inftance of lan guage being ufed by die to any other reflecting on the conduct of the Commander in Chief 1 on one occafion previous to the affUirin Bafque that Admiral that unlefs Lord Gambier ufed means to make himfelf plea fant with the there would be no bearing With him or words to that The PRESIDENT faid this evidence could not be as it was not relevant to the prefent The queftion was dierefore agreed to be Was what you have ftated to have been faid by Admiral refpecting the Com mander in fpoken in the hearing of any other or of the men in die hip Not to ray In the inftance you have was AdmiraHarveYTecbnd m He Here an objection was made to that part of the foregoing evidence actually rele vant to the charges contained in the order for The Court was then cleared of and on their being The PRESIDENT diat all die evidence hi therto was to be and that the Court would afterwards judge of that which they conceived neceffary to fivpport the allegations Sir HARRY NEALE examine d in What further in converfation be tween Admiral and Lord Lord Cochrane to Admiral Harvey that he went to town and in a conver fation wih die Lords of the Admiralty and Lord he was told it was in contem plation to burn the French fleet in Bafque His Lordfhip it was a fervice very eafy to be Hewas then afked if he would perform it to which he Moft cer Admiral Harvey he meant no thing perfonal to him Lord Cochrane he had a high opinion tf him he fpoke only of the in fult he had received by being which he felt as an He alfo faid Lord Gambier was unfit to command the Lord Coc H E Was your prefent with Sir Harry Neale when Rear Admiral Harvey came to his cabin on the 3d of after having had an in terview with the Commander in Chief I was in Sir Neales Be pleafed to what The only information I had his having been with Lord wasJrom Admiral Be pleafed to ftate whit paffed on thac oc He he had a converfation with Lord Gambier relative to appointing n junior of ficer to aft againft the French fleet that he had volunteered his fervices to his Lordlhip to be employed on that and that he He alfo mentioned that he had been treated feveral times and that he did not think his fervices liad been attended to in that way they There were other things faid which had no connection with die refpecting a mans religious prin his cri He did not know that he to Lord All that Admiral Harvey faid was evidently un and appeared to proceed from the warmth of his feelings at the which i conceive his cooller judgment would not have in duced him to In the courfe ot the he he was no canting no nor no pfalm finger thU he did not cheat old women out of their eftatei by hypocrify and He raid that he had volunteered to perform the fervice I came and fhould have been happy to have feen me on any other and expreffed him felf very forry to have an inferior officer placed over his head he alfo faid lie had fpoken to Lord Gambier with the fame degree of prudence he had done to me in the prefence of Sir Harry Admiral Hervey begged leave to fay that he believed the evidence produced was not confid ent with the fupport of the The Prefident that the Court in die con fideration of the evidence would regret that which did not go immediately in fupport of the charges for their Was your Lordfliip afterwards pretent on the quarter deck of the Caledonia when Admiral Harvey fpoke to and what was die nature pf remarks on the Commander in Chief I was afterwards prefent on the quar1 ter deck of the Caledonia at the time that Admi ral Harvey was fpeaking to Captain Bedford but I did not hear one word of die was at that time talking to Sir Harry I do not know whether other perfon was in converfation wiih Admiral Harvey except whom I Examined by tie Lord you have recited die words that you heard Rear Admiral Harvey make nfe of in die prefence of Sir Harry and you have faid diat you did not know that thofe expreffions alluded to Lord the impreffion made upon your mind at the mo induce then to believe that dte Rear Admiral meant to apply thofe expreffions to Lord Gambier I put die Court in pofieffion of all that occurred on that occafion refpecting Lord upon which diey may form their own Widi Lord Gambiers private tranfactions I am quite The queftion5 was then and his Lord fliip I have heard that he was a reli gious and dierefore I did think he was al luded Examined by tie Q Had your Lordfnip any renfon to furjpofe he alluded to any otier perfon than Lord Gam No reafon and diat thU was merely a matter of Giofttxatninetl ly Admiral f wbixldafk Lord whether Sir Harey tfeate Jiwde any observation on thefe re marks to his Lordfhip during the time Sir Harry Neale did not fpeak to me during the whole the time at I do not remember diat he V Admiral When Admira Harvey faid thai his fervices had been feveral times lightly did he fay it was by Lord Gajnbier beft of my he that he had been lightly treated by the Lord Gambier was at that Board bat it feemefl to be more a general complaint of the manner he had been treated in the with the ex ception of bis having mentioned his difapproba tion of the tranfmuiion by Lord of an application by die Mafter of his Admiral Har veys for aCouit which Admiral Harvey expreffed his opinion that he not have under the circumftances of the Was Sir Harry Neale fufficiently near to heariwhat parted on that occafion Admiral Harvey pf tncipally addrefTed himfelf to He was certainly widifn hearing that three or four yards from Did your in the prefence of Sir Harry hear any opinion exprelFed by Ad miral reflecting Lord Gambiers con Ihiteto the Court the nature of thole He that he of conduct in many I think he mentioned an inftance of carrying fail off a and endangering the fleet that he had long given his opinion that Admiral Gambier was net to the and that he meant to bring Lord Gambiers conduft before Court Martial or words to that Admiral Harvey faid he had no queftiens to afk this Citpltiin BEPFORD Did Harvuy coma on honrd the on or about the 2d of April laft Suite to the Court the obfervations made to yoi by alluding to the conduct of the Commander in He obfcrved that lie was hot in the confidence of the Commander in and begged me to iitfurni him that lie ready for the execution of any farvice now to he either in port or I told him it was not atiy part of my duty to make fich communication to the Commander in Chief this communication took place on the gang There were a number of the chap and ofliccrs in hearing of tiie landing clofe on the I defired thac the Admiral would do it to the hi or to Sir Harry Neale he repeated thac he was defirous to have the information commu nicated through me he alfo that con iderable time had been loft in making an attack on the and that he had a plan for which if he was not allowed to carry into execu he hould be much Unlefs he were allowed the meuns of doing Examiri iy the When you defired Admiral Hnrvcy to es prels his wifhus to the Commander in Chief or to Sir Harry did he ftale any fon why he preferred its going through you Irs preference to through Sir Harry Neale No reafon Did the RearAdmiral on the following the 3d of come again on board the Caledonia he then an interview the Corn mander In in his Lordfhips Citin he I believe fo I went cm quarter Afterwards did cinarterdeck of the make any obfervation to you re fpecting the coudutf of the Commander m Chief He came on the ind told that I might tell ny perfnu that he was deter mined to llrike his That the iint on the intended fervice was certainly then the geftion of the Commander in thutit was an injury offered to every Piker of the rleetf and the fervice in which I agreed in and that hebelieved there was but ore He Lord Gambiers condutf to him on his return from and on the cafion of ihe application from the Mailer of the Tonnant for a uvn proofs of his jefuitical roeiliudiftical cnnduft vindiiflive or Words to tlat i Lord GambiePs condufrj fince he had the cwi maniofthe fleetj met with Kis difapprobation 5 and inftead oT being employed in muileiing the fnips he ought to have been em ployed in taking and getting informa tion of the enemy that he thought him quite unequal to the cominnnd of the fliip that he knew I was of die fame and it was unfair to put the queftion to me I was walking with Sir Harry Neale and Lord I Should think Lord Cdchranc heard the as he wns walking very near usj and looked over his fhoulder and ifenr hear or worda to that Admiral Harvey was go ing out of the he afked meagain ifI had informed the Commander in Chief bf offer of his for that he was ready to perform any duty that might bb I fkid I I believe more might have been bat I avoided the This going down the ladder I fuppofe it muft have beeil I it in thte public papers and I nsVer mentioned it He faid alfo that he hid fpoken his mind u the Com but no onewas observations you have stated inacc by Admiral Harvey in such a and in such a tone bf as to be heard observed by any of the ships crew or officer on tJtquur or any other part of tile on he 3d of Crossexamined by the Do you know that the conversation tween Admiral Harvey nod yen ivjis heaitl fjy uty of the 1 do 1 had no vcrsittion qn the I the lain litasd that suunise that it was heard from something of that sort in tiie publip ;