CHART C

was tendered to the Court by Mr. Stokes, the master of Lord Gambier’s

flag-ship _Caledonia_.

CHART C.

Constructed by M^r Stokes for the purposes of the Court Martial, and

exclusively adopted, though it narrows the channel to Aix Roads to _one

mile_ only, the official French Charts marking _two miles_.

[Illustration:

SKETCH OF D’AIX ANCHORAGE.

London: Richard Bentley, 1860.

]

This chart professed to show, and was sworn to by Mr. Stokes as showing,

the positions of the enemy’s ships aground _on the morning of the 12th

of April_, before the _Ocean_ three-decker, together with a group of

three outermost ships near her, had been permitted by the delay of the

Commander-in-chief to warp off and escape. Instead, however, of placing

these on his chart as they lay helplessly aground “nearest the deep

water” as _he had sworn in his evidence_, they were placed in on the

other side of the sand, in the positions occupied _after their escape!_

and _to this Mr. Stokes swore as their_ position _when first driven

ashore_! The _Ocean_ three-decker, and group in particular, which,

according to Mr. Stokes’s oral evidence, must, as already stated, have

been an easy prey to a gunboat had such been sent on the first quarter

instead of the last quarter flood, was thus placed on his chart where no

vessel could have approached them![22]

-----

Footnote 22:

Mr. Stokes, moreover swore, in his evidence, that the _Ocean_

three-decker lay _on the north-west edge of the Palles Shoal_, and

that the group lay on the _western_ part of the same shoal, though the

latter observation was incorrect, as the group lay around the Ocean,

which formed a part of it. On his chart these vessels are placed to

the SOUTH-EAST of the shoal, and _the remainder_ nearly DUE EAST!!

That is, in place of being “_nearest the deep water_,” where they were

easily attackable, they were placed on the chart “_farthest from the

deep water_,” where they were not attackable. He swore too that they

lay with their broadsides “_flanking the passage_” to Aix Roads. On

his chart, not one of them “flanks the passage,” but all are made to

_flank the opposite direction_; so that they could not have fired on

any British ship which might have been sent in.

-----

This falsehood on Mr. Stokes’s chart, in opposition to his oral evidence

just given, as well as to the evidence of other officers, formed one of

the principal grounds of Lord Gambier’s acquittal; and it was for this

end that the official French charts presented by me for the information

of the court were rejected by the judge-advocate.

On the presentation of Mr. Stokes’s chart to the court, the subjoined

colloquy took place as to the methods adopted in its construction.

MR. BICKNELL.—“Produce a chart or drawing of the anchorage at Isle

d’Aix, with the relative positions of the British and French fleets,

and other particulars, on and previous to the 12th of April last.”

_The Witness produced it._

MR. BICKNELL.—“Did you prepare this drawing, and from what documents,

authorities, and observations; and are the several matters delineated

therein accurately delineated, to the best of your knowledge and

belief?”

MR. STOKES.—“I prepared that _drawing_ (Chart C), partly from the

knowledge I gained in sounding to the southward of the Palles Shoal,

and the anchorage of the Isle of Aix.[23] _The outlines of the chart

are taken from the Neptune François_, and the position of the enemy’s

fleet from Mr. Edward Fairfax, and from the French captain of the

_Ville de Varsovie_, and the British fleet from my own observation.”

The distance between the sands was copied from a French MS. which will

be produced, and that _I take it_ is correct.

MR. BICKNELL.—“Are the matters and things therein accurately

described?”

MR. STOKES.—“They are.”

PRESIDENT (_inspecting Mr. Stokes’s chart_).—“There was a large chart

you lent me?”

MR. STOKES.—“That is the chart I allude to. This chart I produce as

containing the _various positions_.”

JUDGE-ADVOCATE (_to the President_).—“THIS CHART IS PRODUCED TO SAVE A

GREAT DEAL OF TROUBLE!!” (_Minutes_, pp. 23, 24.)

-----

Footnote 23:

In his subsequent evidence Mr. Stokes admitted that he had _never

sounded there at all_ previous to the action!

QUESTION.—“Had you any knowledge of that anchorage previous to the

12th of April?”

MR. STOKES.—“NONE WHATEVER!”—_Minutes_, p. 148.

He swears that everything on his chart is _accurately described_—then,

that “the distance between the sands,” which was one of the most

important points of the court-martial, _was copied from a French MS.!_

the name of whose author he does not think proper to communicate, nor

does the court ask him! nor was any MSS. produced in Court. Yet, as

master of the Admiral’s flagship, Mr. Stokes must have navigated her

by the French charts supplied by the Admiralty, though these when

tendered by me to the Court had been rejected. The fleet could, in

fact, have had no other for its guidance, as no British survey of Aix

Roads was in existence. Such charts were surely a better guide in any

case than an anonymous MSS.

-----

No doubt—the trouble of confirming the Commander-in-chief’s neglect of

duty in not following up a manifest advantage, as would have been shown

had the court allowed the _Neptune François itself_ to have been put, in

evidence; for it would have shown a clear passage of _two miles_ wide,

extending beyond reach of shot, instead of the _one mile_ passage in Mr.

Stokes’s “_accurate outlines_” of the French chart, and no shoal where

he had marked only twelve feet of water![24] That the president should

have allowed this to pass, after having himself detected the imposition

practised on the court, is a point upon which I will not comment.

-----

Footnote 24:

Compare charts A and C.

-----

Mr. Stokes further admitted his chart to be valueless, as regarded the

position of the enemy’s fleet ashore, for he said that position was

taken “_from Mr. Edward Fairfax and the captain of the Ville de

Varsovie_”, and the British fleet _from “his own observations._” That

is, he confessed to know nothing but from hearsay as to the position of

_the enemy’s fleet_, the important object before the court; but only of

the position _of the British fleet_, lying at anchor nine miles from the

enemy’s fleet ashore, a matter with which the court had nothing to do;

he being all the time on board the flagship, at that distance. Yet the

court insisted on this chart being _exclusively_ referred to throughout

the court-martial![25] It is strange that such a chart should have been

used at all, when the charts of the fleet were available, but more

strange that, when the court saw the two miles passage in the French

chart was reduced to little more than _one mile_ in Mr. Stokes’s chart,

he was not even asked the reason why he had not conformed to the scale

of the French chart, _to the correctness of the outlines of which he had

sworn_!

-----

Footnote 25:

The President thus dictated to Captain Beresford:—“Captain Beresford

_must_ say whether the ships are marked on _that_ chart (Mr. Stokes’s)

as they appeared to him.” Captain Beresford took no notice of the

order.

Captain Bligh was less independent when asked to vouch for the

accuracy of Mr. Stokes’s chart. He “_thinks_ the enemy’s ships, on the

morning of the 12th, were as there represented, though Mr. Stokes, in

contradiction to his own chart, had sworn _that they were not so

marked, but only those that were destroyed_!”

When asked if the ships aground could have annoyed the British ships

had they been sent in? Captain Bligh replied, “I _think_ they were

capable of annoying the British ships.”—_Minutes_, p. 154. He,

however, immediately afterwards stated that the ships “were not within

reach of the guns of the British squadron.”

Captain Kerr “_thinks_ the situation of the enemy’s fleet on the

morning of the 12th was marked on Mr. Stokes’s chart _as nearly as it

can be_. There were seven sail-of-the-line ashore, and two

afloat.”—_Minutes_, p. 166. What had the numbers ashore or afloat to

do with their exact position? A palpable evasion of the question was

permitted by the court.

-----

But the most glaring contradiction of Mr. Stokes’s chart is this: he

swore to his chart as truly depicting the positions of the _Ocean_ and

other grounded ships, as they lay _on the morning of the 12th of April,

which was the point before the Court_; but being further questioned,

reluctantly admitted that he had marked the _Ocean as she lay on the

13th of April_, viz. _on the following day when an attack was made on

her by the bomb vessel!_ though he had just sworn to the positions of

the ships on the chart as being those _on the morning of the 12th_,

immediately after having run ashore to escape destruction.

The fact was, as will be seen on inspection of the chart, that _not one_

of the ships under the cognizance of the court is marked on Stokes’s

chart as they lay on the morning of the 12th, which position, and not

that on the 13th, was the subject of inquiry. Though as already said

this misrepresentation was detected by the President, the court

nevertheless persisted in the exclusive use of Mr. Stokes’s chart

throughout the trial, in accordance with the suggestion of the

Judge-Advocate, that it was produced to “_save a great deal of

trouble_.”

The President thus commented on the manifest contradiction.

PRESIDENT.—“I observe in the chart I had from you the situation of the

_Ocean_ particularly is _not marked on the 12th. She is marked on the

13th as advanced up the Charente!_”

MR. STOKES.—“The _only ships_ marked on the chart _on the 12th are

those that were destroyed_. The reason I marked her on the 13th is,

that a particular attack was made on her by the bombs. _I observed her

from the mizentop of the Caledonia_[26], and I _also had an

observation from an officer_, so that I have no doubt her position is

put down within a cable’s length.” (_Minutes_ p. 147.)

-----

Footnote 26:

Nine miles off. This answer shows most forcibly the nature of the data

on which Mr. Stokes’s chart was constructed.

-----

There is something in this evidence almost too repugnant for

observation. Mr. Stokes first swore that his chart accurately described

the positions of the enemy’s ships ashore on the _morning of the 12th_.

He then admitted that the most material ship of the enemy’s fleet was

marked as she lay _on the 13th_!! On this mis-statement being detected

by the president, he then swore that the only ships marked on the 12th

were _those which were destroyed_, viz. _on the evening and night of the

12th!_—a matter foreign to the subject of inquiry; which was _how the

ships lay on the morning of the 12th, and whether Lord Gambier was to

blame for refraining from attacking them at that particular time_? So

that the positions of the enemy’s ships aground on the morning of the

12th, according to Mr. Stokes’s own admission, _were not marked on his

chart at all!_ though he had sworn to this very chart _as giving those

positions accurately to the best of his knowledge and belief_; and with

the full knowledge that their position on the _morning_ of the 12th,

when they were helplessly aground, was the point before the court,—not

their position _in the evening_, and on the following day after their

escape to a spot where the British ships could not have pursued them.

The fact is, Mr. Stokes swore to their positions _after their being

warped off in consequence of the British fleet being prematurely brought

to an anchor_—as being their positions _previous to their escape!_ which

was the matter of inquiry before the court, viz. as to whether the

Commander-in-chief had not committed a neglect of duty in permitting

them to escape _by the rising tide_, when and before when the British

force _could have operated with every advantage in its favour_. The

court had nothing whatever to inquire about with regard to the ships

which were _destroyed_, respecting which there could be no question; the

subject of inquiry being whether the escape of the _other_ ships run

ashore from terror of the explosion vessels on the night of the 11th,

and _still ashore_ on the morning of the 12th, ought to have been

prevented.

Not so much as one of the ships marked on Mr. Stokes’s chart formed part

of the “group” to which he had sworn, in his oral evidence, as lying on

the “western and northernmost edge of the Palles Shoal, _nearest the

deep water_, all of which escaped towards the Charente, where he truly

enough placed the _Ocean_ three-decker, but as she lay on the 13th

instead of the 12th, he having sworn to the truth of his chart as

showing her position on the morning of the 12th! It was a desperate

venture, and can only be accounted for by the supposition that, in

reality, Mr. Stokes had never seen the chart to which he was swearing.

It was no wonder, as proved in the first chapter, that Mr. Stokes

applied to the Admiralty for permission to _alter his chart_ before

producing it in a court of law, where it must have fallen under my

inspection!

I will indeed so far exonerate Mr. Stokes from a portion of blame, by

declaring my belief that he never had looked at the chart to which he

had sworn. There is little question in my mind but that this chart had

been fabricated under the auspices of Mr. Lavie, Lord Gambier’s

solicitor, the only hope of success consisting in affirming a false

position for the grounded ships; the chart being then given to Stokes

for paternity. Had it been otherwise, Stokes could not possibly have

sworn to a chart in diametrical opposition to his oral evidence, which

truly stated that on the morning of the 12th, the _Ocean_ and group lay

on “_the north-west edge of the Palles shoal, nearest the deep water_,”

where they were easily attackable. On his chart they were placed on the

_opposite side of the shoal!_ where no ship could have got near them.

Lord Gambier no doubt saw the mistake committed by the evidence of his

Master, and adroitly relieved him from the dilemma, by putting a

question of a totally different nature. With this course the court

complacently complied, notwithstanding that the president had detected a

discrepancy so glaring.

Another material point on Mr. Stokes’s chart was his marking _a shoal_

between the Boyart and the Palles Sands, where Capt. Broughton and

others present in the action, who _actually sounded there_, testify in

corroboration of the French chart to there being _no shoal

whatever_.[27] Yet Mr. Stokes marks only from twelve to sixteen feet, in

the deepest part. That this statement was a misrepresentation on the

part of Mr. Stokes, is proved by Lord Gambier himself, who, in his

defence, says that “Mr. Stokes found on this bar or bank from _fourteen

to nineteen feet”_ (_Minutes_, p. 134). When closely questioned on the

point, Mr. Stokes deposed to these soundings as “_having been reported

to him to have been found_”! (_Minutes_, p. 150.) The _Neptune François_

gives from twenty to thirty feet at low water, which was no doubt

correct.

-----

Footnote 27:

See p. 68.

-----

But even had there been only nineteen feet of water Mr. Stokes again

forgot his chart when he gave _oral_ evidence that “the rise of tide in

Aix Roads is _twenty-one_ feet, which is more than we ever found in

Basque Roads” (_Minutes_, p. 150). I had put the rise of tide at _twelve

feet_ only, so that by the oral evidence of Mr. Stokes there was

abundance of water for the British force to have operated with full

effect.

A still further falsification of the chart was, that it reduced the

channel by which the British fleet must have passed to the attack to

little more than _a mile_ in width, in defiance of the fact that on all

the official French charts the minimum distance between the Boyart Sand

and the fortifications on Ile d’Aix was nearly _two miles_, and that

Admiral Stopford, the second admiral in command, confirmed the

correctness of the French charts so far as to admit a width of _a mile

and a half_. The object of Mr. Stokes’s statement was to prove the

danger to which, in a channel _only a mile wide_, the British ships

would have been exposed from the batteries on Ile d’Aix had they been

sent to the attack. To this end was the chart no doubt produced, and as

narrowing the channel to a mile only—to meet the occasion—gave a colour

to this view, his chart was accepted by the court, whilst the French

charts which _marked two miles_, were rejected.

A yet more flagrant contradiction is—that within pistol shot of the

_western_ and _north-western_ edge of the Palles Shoal, where Mr. Stokes

first truly swore “the _Ocean_ three-decker and a group of four lay

_aground_ on the morning of the 12th,” he has placed _the attacking

British ships_, where their logs show that they never touched the

ground, notwithstanding that they took up their positions on a _falling

tide_. If they could float in safety much more could other ships have

done so at 11 A.M on _a rising tide?_ How such a manifest discrepancy

could have passed without comment from any member of the court-martial,

is a point which is not in my power to explain.

Such are some of the leading features of this famous chart, upon which

the acquittal of Lord Gambier was made to rest, though the chart was

admittedly constructed—not from personal observation, otherwise than

from the mizentop of the _Caledonia_, nine miles off—but from unofficial

sources—from an anonymous manuscript, and _even from hearsay_!

Yet Lord Gambier did not scruple to introduce this chart for the

guidance of the court, in the following terms:

“I have to call the attention of the Court to the plan drawn by Lord

Cochrane of the position of the enemy’s ships as they _lay aground on

the morning of the 12th of April_, and to that position marked upon

the chart verified by Mr. Stokes; the former laid down from uncertain

data, the latter _from angles measured and other observations made on

the spot_[28]; the difference between the two is too apparent to

escape the notice of the Court, and the respective merits of these

charts will not, I think, admit of a comparison.” (_Minutes_, p. 133.)

-----

Footnote 28:

See note, p. 26.

-----

This statement was made by Lord Gambier in face of the admission

previously made by Mr. Stokes, that his observations were taken from the

mizentop of the _Caledonia_, three leagues off—that he had never sounded

in Aix Roads—that the soundings were only reported to him, the name of

the reporter being omitted—and that he had only marked upon his chart,

“_the ships that were destroyed_” on the evening and during the night of

the 12th, the destruction, in fact, not being complete till the morning

of the 13th.

This contradiction is so important to a right comprehension of what

follows, that I will, at the risk of prolixity, bring into one focus Mr.

Stokes’s admissions as to his _data_ for the construction of his chart.

“I prepared that drawing partly from the knowledge I gained _in

sounding_ to the southward of the Palles Shoal. The outlines of the

chart are taken from the _Neptune François_ (narrowed from two miles

to one!). The positions of the enemy’s fleet are from Mr. Fairfax and

the captain of the _Ville de Varsovie_. For the distance between the

sands I must refer the court to a chart _which I copied from a French

manuscript_!” (_Minutes_, pp. 23, 24.)

For this confused jumble from unauthoritative sources, the French charts

were rejected as not being trustworthy, and Lord Gambier did not

hesitate to endorse Mr. Stokes’s fabrication as being “from angles

measured and other observations taken on the spot;” whilst by this act

he decried the use of the French charts by which his own fleet had been

guided!

Comment, whether on Lord Gambier’s statement or on Mr. Stokes’s

involuntary contradiction thereof in his oral evidence, is superfluous.

If such were wanted, it must be sought for in the fact already adduced

in the first chapter, viz. that, in 1817 and 1818, Mr. Stokes, when

conscious that his fabrication must become public, and that it might

fall into my hands, thought it prudent to make affidavit before the

Court of Admiralty that this chart, produced at the court-martial nine

years before, _was incorrect_, and _therefore required alteration!!_ for

which purpose the Admiralty gave him back his chart, though this, as

already observed, remains to this day bound up amongst the Admiralty

records. The affidavits of Mr. Stokes will be in the remembrance of the

reader.

In a national point of view, Mr. Stokes’s chart has another and even

more important feature. A comparison between the French chart and that

produced by Mr. Stokes will show that the latter narrowed the entrance

to Aix Roads—which on the French charts is two miles wide—to one mile,

and that it filled a space with shoals where scarcely a shoal existed.

Of the imaginativeness of Mr. Stokes in this respect, the French

Government appears to have taken a very justifiable naval advantage,

calculated to deter any British admiral in future from undertaking in

Aix Roads offensive operations of any kind.

A chart of the Aix Roads based on a modern French chart has recently

been shown me, as on the point of being issued by the Board of

Admiralty, on which chart the main channel between Ile d’Aix and the

Boyart sand is laid down according to charts copied from fabricated

charts produced on Lord Gambier’s court-martial, and not according to

the hydrographic charts of the _Neptune François_. The comparatively

clear anchorage shown in the new chart is also filled with Mr. Stokes’s

imaginary shoals! the result being that no British admiral, if guided by

the new chart, would trust his ships in Aix Roads _at all_, though both

under Admiral Knowles and at the attack in 1809 British ships found no

difficulty whatever from want of water, or other causes, when once

ordered in.

CHART D.

Constructed by M^r Fairfax and produced for the guidance of the Court

Martial. Like Stokes’s Chart, it narrows the channel to Aix Roads from

_two miles_ to _one mile_ though also like him professing to be an exact

outline of the French Official Chart.]

[Illustration: London Richard Bentley, 1860]

The solution of the matter is not difficult. For the purpose of

deterring a future British fleet from entering Aix Roads, the modern

French Government appears to have followed the chart of Mr. Stokes in

place of their former official chart; and the British Admiralty, having

no opportunity of surveying the anchorage in question, has copied this

modern French chart; so that in future the fabrications of Mr. Stokes or

rather I should say, the ingenuity of Lord Gambier’s solicitor, or

whoever may have palmed the chart on Mr. Stokes, will form the best

possible security to one of the most exposed anchorages on the Atlantic

coast of France. Assuredly no British Admiral, with the new chart in his

hands,—should such be issued—would for a moment think of operating in

such an anchorage as is there laid down, notwithstanding that former

British fleets have operated in perfect safety so far as soundings were

concerned.

The autobiography of a seaman (volume 2 of 2) · 第 21 / 106 题