pointed to carry it into execution, diverted from it only by my own suggestion of an intermediate expedition-having a full and confidential knowledge of all the circumstances which for a time delayed the execution; and hearing in a distant part of the world, without means of immediate communication with Government at home, that all these obstacles had been done away-having also means at my disposal adequate, as I thought, to the end; and believing that in the then state of Europe, and particularly of my country, the immediate execution of this plan was most important-It is for you, Gentlemen, I say, under all these circumstances, to determine whether I was justified according to my orders, or whether I am not to stand excused for having hazarded this exercise of discretion.

In your hands I put my case, with confidence; satisfied that its importance and the attention I have received, will ensure me the benefit of all the circumstances I have stated, and of the arguments I have urged. On these grounds, I humbly hope and trust that I shall receive from the justice of this Court an HONOURABLE ACQUITTAL.

[It will be observed that this defence materially differs from that published in Mottley's edition of the trial-be cause the latter contains nothing more than was written in the paper delivered into court, and inserted in the minutes as Sir Home Popham's defence. But to this paper, as it will appear to the reader, Sir Homedid not confine himself; and the reporters took particular pains, whenever he threw down his written defence, for the purpose of dilating on any subject, to seize all his ideas in the most accurate manner, to lay them before the public.

LETTERS, &c.

REFERRED TO IN

SIR HOME POPHAM's DEFENCE,

And inserted in the Minutes.

SIR,

Diadem, Table Bay, 7th March, 1806,

I HAVE confined the subject of the letter which I had the honour of addressing you on the 4th instant, to the capture of the Volontaire; but as I have courted a great deal of conversation with the officers of that ship, under various pretences, tending, however, entirely to procure intelligence of the strength and probable destination of the fleet that sailed from Brest, I think it highly expedient to dispatch an officer with the result, for the information of my Lords Commissioners of the Admiralty, and a copy also to Sir Edward Pellew, for his government in India.

It appears, that on the 14th December last a fleet escaped from Brest, consisting of the following ships, which were préviously formed in two divisions, and under separate admirals, though I cannot yet learn from the French whether they were totally independent of each other or not; but the English prisoners imagined that they were to be ultimately connected in some enterprise. The two divisions were in the act of parting company when the Sirius fell in with them; and therefore I conclude their Lordships will have been very easily apprised of the departure of this force from Europe.

With respect to the first mentioned division, it is impos sible for me, at present, to afford their Lordships any satisfactory account of its destination, either from my own conversation with the prisoners, or that of the very intelligent officers under my command, who have particularly exerted themselves on the occasion. When I suggested the idea of the Brazils, I was always answered, "Very possible; but we know nothing of that squadron. Admiral Willeaumez has a carte blanche."

With respect to the second-named squadron, whose forerunner, La Volontaire, we have had the good fortune to capture, it appears, that the ships composing it are of the largest class; that they are completely manned; and have on board 1500 marine artillery, with two and three field pieces in each ship; this marine artillery, however, independent of their complement; though that may be in some degree increased, to enable them to land when occasion shall offer; for I understand the Foudroyant, which ship mounted 92 guns, has more than 800 on board, the others 750.

Jerome Bonaparte is Captain of the Veteran, with, it is said, a higher commission in his possession; but whether it is to be opened on a given day at a fixed place, or on the successful issue of his operations, I cannot presume to determine.

La Volontaire was ordered to receive on board all the English troops which had been taken in the transports,

T

and land them at Teneriffe, but she was prevented doing so by the falling in with an English cruiser, near the island; she then proceeded to 24 North, and lay to three days, crossed the line in the 8° West of Paris, where she also lay to for some time, and not finding the squadron,she came directly to the Cape; and it was supposed by some of the English officers on board, that if it had not been for the sickness among their troops, she would have remained at sea some days longer; but I cannot obtain any satisfactory reason for such a presumption, as Captain Brittell, who commanded La Volontaire, appeared, and naturally so, very anxious to get rid of such a number of prisoners, who rendered his ship almost useless as a cruiser; indeed he told me, in the first half hour's conversation, that as soon as he had landed the prisoners, and procured some refreshments, it was his intention to proceed to sea in search of his "admiral.

In deploring his situation, the second day after he came on board, he said to Captain King,that he feared part of his squadron must be sacrificed, for that he thought they would come in here, two at a time, to water and refresh, and that the Veteran would be one of the first.

Having now presented, for their Lordships, a precio of the intelligence which I have been able to obtain, and the movement and probable destination of these squadrons, I request you to assure them, that I shall do all in my power to make the small but zealous squadron I have the honour to command equally efficient in its concert with the army for the defence of this colony, as it was by its co-operation, in obtaining possession of it.

For this purpose, the Raisonable, Diadem, and Diomede will be moored as close in shore as possible, between the Cha vonne and Amsterdam batteries, with the Narcissus and Leda a little to the castward of the southernmost ships; their Lordships will observe, that this is a position completely defensive, and very much at variance with the one I took up when I only expected the arrival of Admiral Linois with his squadron.

On contemplating on this preceding statement of facts. their Lordships will, I hope, be satisfied that I have fair" and rational grounds for expecting Admiral Willeaumez here

with six sail of the line and two frigates; that from the observations and conclusions of the English officers who were prisoners in the Volontaire, it is a possible case that, for some ulterior operations, Admiral Lesiegues may join the first division in this bay; and I have, in transmitting the intercepted correspondence of Admiral Linois to the Minister of Marine at Paris, and to General Jansens the late Governor of the Cape, furnished their Lordships with the most unequivocal proofs of the Admiral's intention to revisit. that colony in the course of the present month :—therefore, taking together the force which is positively expected-that which most probably will come--and that whose arrival is but a possible case-it will amount to twelve sail of the line, four frigates, and a corvette.

While we are in the expectation of a force so superior, I trust their Lordships will approve of my remaining here with the squadron as long as the season will allow me to do so; but not losing sight of the expediency of being ready to go to sea at a moment's warning, in case we should receive any certain intelligence that the enemy has been dis persed by a gale of wind. In short, at a juncture so peculiar as the present, all the means which I can command shall be held ready to apply in such a manner as may be deemed the most advantageous for the public service.

I hope their Lordships will not consider that the foregoing observations and conclusions result from any despondency on my part; the situation that I am placed in is certainly critical, and it is, I conceive, but a proper line of conduct to state every circumstance in its true bearings, for their Lordships' consideration and judgment.

By looking, however, to a happy concurrence of fortui tous events, these squadrons which, when connected, put on a most formidable shape, may by such contingencies as fleets are ever liable to, particularly in these tempestuous seas, be so reduced and so divided in the practical application of their force, as to make their arrival in that form more to be wished, than it could ever be dreaded in any shape, under the position which we shall immediately occupy between the batteries.

After what I have already communicated, I trust their