OF

SIR HOME POPHAM.

UPON Friday the 6th of March, 1807, this

officer was brought to trial on board the Gladiator in Portsmouth harbour.

The following were the members of the court:

ADMIRAL YOUNG, President. Vice-Admirals: Sir E. Gower, S. B. Rowley, Holloway, and-Stanhope.

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Rear-Admirals: Vashon, Sir T. Coffin, Bart. and Sir R. J. Strachan, K. B.

Captains:

Greaves,

Irwin, S. H. Linzee,

Scott, and Hon. C. Boyle.

MOSES GREETHAM, Esq. Judge Advocate.

The following warrant was then read:

"Whereas, Captain Sir Home Popham left the Cape of Good Hope, without any orders to attack the Spanish Settlement on the Rio de la Plata, now this is to command you, that you take the said Sir Home Popham under arrest preparatory to his trial by Court-Martial for his said offence.But you are not to put him to any greater inconvenience than is absolutely necessary, and therefore, having made the arrest, you are to take his word of honour for his appearance when the Court-Martial takes place, and you are to attend him to and from the said Court-Martial."

(Signed)

To John Crickett, Esq.
Marshal of the Admiralty.

THOS. GRENVILLE.

The Court opened about 11 o'clock, and almost immediately after strangers were admitted, the court was crowded. Sir Home Popham being introduced by Mr. Crickitt, the Marshal, took his station at the foot of the table; Mr. Harrison his counsel, Dr. M'Arthur, and his solicitor Mr. Lavie, stood on his right hand; Mr. Jervis the counsel, with

B

Mr. Bicknell the solicitor to the Admiralty, took their station on the right hand of the president. Sir Home addressed the president in the following terms.

"Mr. President, I have thought it advisable to provide legal assistance upon this ocea sion, and beg leave to ask permission of this Court to have that assistance allowed to attend me during the trial."

The PRESIDENT-" Sir Home Popham, any assistance you require, the Court is very willing to allow you.

The following list of Witnesses summoned upon the Trial was here read:

The order to Admiral Young from the Admiralty was then read, which was as follows;

(COPY)

ADMIRALTY ORDER.

By the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, &e.

WHEREAS, by an order, dated the 29th of July, 1805: Sir Home Popham, then Captain of his Majesty's ship Diadem, was directed to take under his command his Majesty's ships Belliqueux, Raisonable, Diomede, Narcissus, and Leda, the Espoir sloop, and Encounter gun-brig, for the purpose of capturing the enemy's settlements at the Cape of Good Hope, in conjunction with the troops under the command of Major-General Sir David Baird, which settlements were sur rendered to the ships and troops aforesaid, in the month of January, 1806: And whereas it appears, by letters from the said Sir Home Popham to our Secretary, dated the 13th nd

30th of April following, that with a view to attack the Spai nish settlements in the Rio de la Plata, for which he had no direction or authority whatever, he did withdraw from the Cape the whole of the naval force which had been placed under his command for the sole purpose of protecting it; thereby leaving the Cape, which it was his duty to guard, not only exposed to attack and insult, but even without the means of affording protection to the trade of his Majesty's subjects, or taking possession of any ships of the enemy, which might have put into any of the bays or harbours of the Cape or parts adjacent; all which he the said Sir Home Popham did notwithstanding that he had received previous information of detachments of the enemy's ships being at sea, and in the neighbourhood of the Cape; and notwithstanding he had been apprised that a French squadron was expected at the Mauritius, of which he informed us, by his letter to our Secretary, dated the 9th of April, 1806, only four days prior to his departure from the Cape for the Rio de la Plata.

And whereas it appears to us, that a due regard to the good of his Majesty's service imperiously demands that so flagrant a breach of public duty should not pass unpunished: And whereas by our order dated the 28th of July, 1806, Rear Admiral Stirling was directed to send the said Sir Home Popham to England, which he has done accordingly: And whereas Sir Home Popham was on his arrival put under an arrest by our order, and is now at Portsmouth awaiting his trial, we send herewith, for the support of the charge, the following papers, viz.

No. I.-The Copy of an Order from the Lords Commissioners of the Admiralty, to Sir Home Popham, dated the 29th of July, 1805, to take the ships therein named under his command, and to proceed to the Cape of Good Hope in conjunction with the troops under the orders of MajorGeneral Sir David Baird.

No. II.-The Copy of a Letter from John Barrow, Esq. the Second Secretary of the Admiralty, dated the 2d of August 1805, signifying the directions of the Lords Commissioners of the Admiralty, to Sir Home Popham, to send a frigate to cruise on the East coast of South America, to procure intelligence of the enemy's movements, that he might be prepared against any attack.

No. III. The Copy of a Letter from John Barrow, Esq. the Second Secretary of the Admiralty, dated the 14th of September 1805, signifying the directions of the Lords Commissioners of the Admiralty, to Sir Home Popham, to retain all the transports at the Cape of Good Hope, after the reduction of that settlement, until he shall receive further orders.

No. IV. The Copy of an Order from the Lords Commissioners of the Admiralty, to Sir Home Popham, dated the 24th of September, 1805, to co-operate with Major-General Sir David Baird in the execution of his Majesty's com‐ mands respecting the sending off reinforcements of troops from the Cape of Good Hope to the settlements in India, and in the event of its being found absolutely necessary to forward to India the whole force under the command of Sir D. Baird, to protect it thither in the Diadem, &c. No. V.-The Copy of an Order from the Lords Commissioners of the Admiralty to Sir Home Popham, dated the 21st of November, 1805, to send home, without delay, under a proper convoy, all the transports, which are not wanted for the conveyance of the troops, ordered to proceed to the East Indies.

No. VI. and VII.-Two Letters from Sir Home Popham to William Marsden, Esq. Secretary of the Admiralty, dated the 13th and 28th January, 1806, giving an account of the capture of the Cape of Good Hope.

No. VIII.-A Letter from Sir Home Popham to William Marsden, Esq. Secretary of the Admiralty, dated 22d February, 1806, giving an account of the Piedmontese French frigate having been spoken with in the neighbourhood of the Cape.

No. IX.-A Letter from Sir Home Popham to William Marsden, Esq. Secretary of the Admiralty, dated the 4th March 1806, giving an account of the Volontaire French frigate, "the forerunner of Admiral Willeaumez's squadron," having put into Table Bay, and been taken possession of. No.X. and XI.-Two Letters from Sir HomePopham to William Marsden, Esq. Secretary of the Admiralty dated 12th March 1806, on the possibility of being attacked by the enemy at the Cape.

No.XII. and XIII.-TwoLetters from Sir H. Popham to William Marsden, Esq. Secretary of the Admiralty, dated the 15th and 21st March, 1806, containing intelligence of the enemy's squadrons.

No. XIV. A Letter from Sir Home Popham to William Marsden, Esq. Secretary of the Admiralty, dated the 9th April 1806, informing the Lords Commissioners of the Admiralty, that the intelligence received by La Volontaire appeared "materially to incline to the supposition that the West Indies was the destination of Admiral Willeaumez's fleet; but that General Anker, the Governor of Tranquebar, just arrived on his passage to Europe, had informed him that a French squadron was expected at the Mauritius."

No. XV.-A Letter from Sir H. Popham to William Marsden, Esq. Secretary of the Admiralty, dated 13th April, 1806, informing the Lords Commissioners of the Admiralty that, "on the 10th, he had received some intelligence respecting the weak state of defence of Monte Video, and Buenos Ayres, which so fully corroborated what he had already received from various quarters, that he had suggested to Sir D. Baird the expediency of sparing a few troops, for a short time, to bring a question of such importance to an issue." Also inclosing the Copy of a Letter, dated 13th April 1806, which he had written to the Governor of St. Helena, requesting him to spare some artillery men to accompany the expedition; and the copy of a letter to him (Sir Home Popham) from Mr. Waine, the Master and Owner of an American ship called the Elizabeth,dated 28th March 1806, respecting the strength of Monte Video and Buenos Ayres.

No. XVI.-A Letter from Sir H. Popham to William Marsden, Esq. Secretary of the Admiralty, dated 30th April, 1806, giving an account of his having sailed from the Cape on the 13th April; and inclosing the Copies of Letters which had passed between him and the Governor of St. Helena, on the subject of his sparing some troops to strengthen the expedition.

No. XVII. A Letter from Sir H. Popham to William Mars