Note K. To W. Marsden, Esq. &c. &c. &c. Admiralty. SIR, Diadem, Rio de la Plata, 28th September, 1806. I BEG to inform you that the Howe store-ship joined me this day, though without any of her convoy. By her and the Medusa I have had the honour to receive your letters of the 27th March, 12th April, with two of the 15th April, acknowledging the receipt of my letters of 10th October and 13th January, inclosing two from Captain Donnelly, of the 14th and 25th January, and four of the 28th January. In the list of the letters which you have acknowledged to receive, I do not see the one I had the honour to address you on the capture of the Cape of Good Hope, It detailed the arrangements which led to the favourable issue of that expedition: and if I could have officially learnt that their Lordships had been pleased to signify their approbation of the zealous exertions of the officers and seamen who acted under my orders, it would have been that pleasing testimony which would have enabled me to convey to the squadron the most gratifying remuneration it could receive. That a letter of such a nature should have miscarried at this moment, when we are immediately opposed to the enemy, is particularly unfortunate; as the detachments of troops which have just arrived from the Cape speak in terms of sincere gratitude of their commander in chief, for having, by his report of their conduct, obtained, through his Royal Highness the Duke of York, his Majesty's most gracious approbation of their services. I look forward with much anxiety to their Lordships' opinion of the capture of Buenos Ayres; trusting that the effect of it will enable me to remove from the minds of the officers and men I have the honour to command any impression which may now exist, that I have not done ample justice to their zeal, spirit, and activity, on the various occasions which I have had to report on those subjects to their Lordships, [After Sir Home Popham's letter to Admiral Stirling, of the 3d of September-for which, see the Defence, page 152-the following correspondence took place. There are in the letters of Admiral Stirling some very marked features of the disposition which Ministers felt towards Sir Home Popham: the Editor, therefore, thinks it proper to give the material parts of this correspondence.] To Commodore Sir Home Popham, K, M. &c. &c. SIR, Sampson, Maldonado-roads, I AM to acknowledge the receipt of your letter of this date; and as the Lords Commissioners of the Admiralty have been pleased to direct your return to England in such ship as I shall appoint, I beg leave to acquaint you that I intend to give an order to Captain Cuming, to receive yourself and the persons that are to accompany you, for a passage thereto. As I understand it will be convenient for you to quit the Diadem to-morrow morning, I shall direct Captain Warren to hoist my flag on board of her in the course of the day; and you may repair hither with your pendant, and keep it flying, if you think proper, until your departure. It being my intention that the Sampson shall proceed to sea on Tuesday morning, I request you will furnish me with every information in your power respecting the public service, agreeably to the purport of the directions which you have received from their Lordships *. I have the honour to be, Sir, Your most obedient and very humble servant, (Signed) CHARLES STIRLING. To Charles Stirling, Esq. Rear-Admiral of the White, Commander in Chief. Diadem, Maldonado-roads, THE order which the Right Honourable the Lords Commissioners of the Admiralty transmitted to me, under date the 28th July, directs that I should forthwith return to England, and take my passage accordingly in such a * In reply to this letter, Sir Home Popham sent to Admiral Stirling the most ample details of information in his power to collect, from the most active observation and enquiry. But it is somewhat singular that these details were only within a very short time back transmitted to the Admiralty.---Why were they withheld? Had they been sent sooner, they might have produced an impression favourable to Sir Home Popham.---EDITOR. ship as you should point out. I submit, with all deference, my opinion, that the order implies I should go to England direct from this place: and certainly, according to the explanations of the first writers on the English language,' the word 6 forthwith,' used on this occasion, means quickly and as I understand that the Sampson has a convoy in charge for the Cape of Good Hope, and is then to proceed to Saint Helena for another convoy to take charge of for Europe, I hope I shall not be considered as trespassing too much, when I offer a few observations for your consideration. It is natural, sir, for me to feel mortified at the idea of having, by any act of mine, given their Lordships cause to supersede me in this country; but when, in addition to this, I learn that it is proposed that I should be subject to all the aggravation of a voyage lengthened by proceeding from South America to South Africa, thence to Saint Helena for convoy, in my way to England, I cannot but say it is the severest punishment that could be inflicted on me, To a mind sensible, as I trust mine is, to every reproach to any man of proper feeling-it is that sort of punishment which I consider secondary to scarcely any but death it is carrying me in a situation humbled in the extreme to the place which, in conjunction with Sir David Baird, I had the honour to capture. There are also reasons, too evident to need any explanation, which would make a visit to Saint Helena, situated as I am, equally galling to my feelings. To these objections-which, I trust, so far from appearing to be taken up on loose grounds, or supported by arguments arising merely from chagrin or disappointment--I add, and I hope it is not unnatural to do so, the very great hardships of such a protracted voyage; the serious inconvenience which my private affairs would suffer under almost any circumstance, but more particularly under my change as I believe I have a right to do*; and such as, in my humble opinion, ought to induce obedience: but if you think otherwise, the question must be decided by our superiors. I understand from Captain King that bark on board of the prize brig, and that tion is, not to go hence in the Sampson. you intend to em your determinaIf this is the case, ́ I hope the brig will sail either before or at the time the convoy does as otherwise, in consequence of the memorandum issued this day, she may lose the benefit of being navigated by seamen belonging to the King's ships. The conversation with Captain King induces me to flatter myself, that this letter will close our correspondence upon a subject which has given me much uneasiness; because the public service is at this moment of such consequence, that it ought alone to occupy my attention; and I have not time to attend so much as necessary to general expressions, either in speaking or in writing. I act according to the best of my judgment: I have no immediate object just now but the public good: and if Charity might dispose one to think that Admiral Stirling was an unwilling agent of the Admiralty in this transaction; because one is naturally disinclined to attribute harshness to a man so fond of professing justice, humanity, and feeling. But how is the Admiral's disacquaintance with the law of his own profession to be accounted for? He must have been ignorant of the law; for I cannot suppose that he would intentionally overstep it, to oppress Sir Home Popham. That he had no such right, as by this letter he believes himself authorised to assume, must be obvious to any man acquainted with naval law. Sir Home Popham had been on half-pay three days before this letter was written; and of course not subject to naval discipline, or martial law. An attempt was made in the bill of 1749 to alter the law upon this point; but the minister, Mr. Pelham, was obliged to abandon the proposed alteration. For the arguments on this subject, and a full description of the law, see the debates on the act of 1749, in the appendix to Mr. M'Arthur's Treatise on Courts-martial,---EDITOR. |