Copy of said monition for service 2 0 0

_Attending the Marshal!_ (himself) _and feeing and 2 0 0

instructing him to execute the same!_

_Paid the Marshal_ (himself) _for service of said 2 0 0

monition!_ (on himself)

_Certificate of service!_ (on himself) 1 0 0

_Drawing and engrossing affidavit of service!_ (on 2 0 0

himself)

_Oath thereto, and attendance!_ (on himself) 2 2 3

By what ingenious process Marshal Jackson managed to administer the oath

to himself as Proctor Jackson I know not, but the above charges are

actual copies from a bill in my possession, the said bill containing

_many hundred_ similar items besides. Some idea of its extent may be

formed from the statement that, previously to a debate on the subject, I

pasted together an exact copy the different sheets of which the bill of

charges was composed, formed them into a huge roll, and, amidst the

astonishment and laughter of the House of Commons, one day unrolled it

along the floor of the House, when it reached from the Speaker’s table

to the bar!!

In addition to this multitude of fees and charges, the Marshal also

claimed, and received as his own especial perquisite, _one half per

cent_ on the inspection of prizes, _one per cent_ for their

appraisement, and _two and a half per cent_ on the sale. This, with _one

fourth_ added as aforesaid, made just _five per cent_ on all captures

for the Marshal’s perquisite alone, irrespective of his other fees;

which, being subjected to no check, were extended according to

conscience. So that, for every amount of prizes to the extent of

100,000_l._ the Marshal’s share, as a matter of course, would be

5000_l._, wholly irrespective of other fees of Court calculated on a

similar scale. When numerous other officials had to be paid in like

manner, also without check on their demands, it scarcely needs to be

said that such prizes as were usually to be picked up by ships of war on

the Mediterranean coast entailed positive loss on their captors; the

result, as has been said, being that officers avoided taking such

prizes, and thus the enemy carried on his coasting operations with

impunity. In other words, the most important object of war—that of

starving out the enemy’s coast garrisons—was suspended by the

speculations of a colonial Admiralty Court!

Foiled in procuring redress in the House of Commons, where my statements

were pooh-poohed by the representatives of the High Court of Admiralty

as rash and without proof, I determined on procuring, by any means

whatever, such proof as should not easily be set aside.

Embarking, therefore, in my yacht _Julie_, one of the small French ships

of war captured at Caldagues and afterwards purchased by me, as narrated

in the first volume, I set sail for the Mediterranean.

On arriving at Gibraltar I considered it prudent to quit my yacht,

fearing that so small a vessel might fall a prey to the French cruisers,

and embarked on board a brig-of-war bound to Malta.

My first demand upon the Admiralty Court on arriving at that place was,

that the prize accounts of the _Impérieuse_ and _Speedy_ should be taxed

according to the authorised table of fees. This revision was refused.

Entering the Court one day when the Judge was not sitting, I again

demanded the table of fees from Dr. Moncrieff, then Judge-Advocate, who

denied that he knew anything about them. As by Act of Parliament they

ought to have been hung up in the Court, I made careful search for them,

but without success. Entering the Judge’s robing-room unopposed, I there

renewed the search, but with no better result, and was about to return

tableless; when, having been directed to a private closet, I examined

that also, and there, wafered up behind the door of the Judge’s

retiring-chamber, was the Admiralty Court table of fees! which I

carefully took down, and reentered the Court in the act of folding up

the paper, previously to putting it in my pocket.

Dr. Moncrieff instantly saw what I had got, and rose from his seat with

the intention of preventing my egress. Reminding him that I had no cause

of quarrel with or complaint towards him, I told him that guarding the

Judge’s water-closet formed no part of his duties as Judge-Advocate; and

that it was rather his place to go and tell the Judge that I had taken

possession of a public document which ought to have been suspended in

Court, but the possession of which had been denied. He seemed of the

same opinion, and suffered me to depart with my prize; this in half an

hour afterwards being placed in the possession of a brother-officer who

was going over to Sicily, and promised to take charge of it till my

arrival at Girgenti.

This “Rape of the Table,” as it was termed in a poem afterwards written

on the occasion by my secretary and friend, Mr. Wm. Jackson, caused

great merriment, but the Judge, Dr. Sewell, was furious, not perhaps so

much at the invasion of his private closet, as at losing a document

which, when laid before the House of Commons in connexion with the fees

actually charged, would infallibly betray the practices of the Maltese

Court. A peremptory demand was accordingly made of me for the

restoration of the table, this being met by my declaration that it was

not in my possession. The Judge, believing this to be untrue, though in

fact the tables were in Sicily, finally ordered me to be arrested for an

insult to the Court!

The duty of arresting me devolved on my friend in duplicate, Mr. Marshal

Mr. Proctor Jackson. I reminded him that the Court was not sitting when

the alleged offence was committed, and therefore it could be no insult.

I further cautioned him that his holding the office of proctor rendered

that of marshal illegal, and that if he dared to lay a finger on me, I

would treat him as one without authority of any kind, so that he must

take the consequences, which might be more serious to himself personally

than he imagined.

The proctor-marshal, well knowing the illegality of his double office,

which was not known—much less officially confirmed in England—prudently

declined the risk, on which the Judge ordered the deputy marshal, a man

named Chapman, to arrest me. Upon this I informed Chapman that his

appointment was illegal also, first as holding the office of deputy

marshal to an illegally constituted person, and secondly, from his also

exercising the duplicate office of deputy auctioneer—the auctioneer

being a sinecurist resident in London!! So that if, as deputy marshal

combined with deputy auctioneer, he ventured to arrest me, he too must

put up with the consequences.[74]

Footnote 74:

The Tory organs in England said that I threatened to shoot Chapman. I

need hardly say that this was a gratuitous falsehood. With the

exception of the silly duel narrated in the first volume, I never

either harmed, or intended to harm, a man in my life, otherwise than

in action. The fact was, both these Maltese officials were illegally

appointed, and they knew it. The officers and crews of the ships of

war present had but too much experience of their selfish conduct, and

were as well pleased as myself at the success of my method of keeping

their natural enemies at bay, so that the _pseudo_-marshals were in

reality frightened at their own warrants.

This went on for many days, to the great amusement of the fleet in

harbour, no one being willing to incur the risk of arresting me, though

I walked about Malta as usual, Chapman following me like a shadow. At

length the Judge insisted on the deputy marshal-auctioneer arresting me

at all risks, on pain of being himself committed to prison for neglect

of carrying out the orders of the Court. Finding himself in this

dilemma, Chapman resigned his office.

On this a man named Stevens, unconnected with any other official

position, was appointed in a proper manner; and all the legal

formalities being carefully entered into, I no longer resisted, as that

would have been resistance to law.

The manner in which the arrest was made showed a spirit of petty

malevolence quite in keeping with the dispositions of men who were

making enormous fortunes by plundering the officers and crews of His

Majesty’s ships of war. I was on a visit to Percy Fraser, the naval

commissioner, when the newly appointed deputy marshal who had watched me

in was announced, and on entering told me he was come to arrest me. On

demanding his credentials, I found them to be signed by Mr. Proctor

Jackson, and as I wanted this proof of his acting as marshal illegally,

admitted myself satisfied with them.

The deputy marshal then requested me to accompany him to an inn, where I

might remain on parole. I told him that I would do nothing of the kind,

but that if he took me anywhere it must be to the town gaol, to which

place he then requested me to accompany him. My reply was:—“No. I will

be no party to an illegal imprisonment of myself. If you want me to go

to gaol, you must carry me by force, for assuredly I will not walk.”

As the room was full of naval officers, all more or less victims of the

iniquitous system pursued by the Maltese Court, the scene caused some

merriment. Finding me inflexible, the Vice-admiralty official sent—first

for a carriage, and then for a piquet of Maltese soldiers, who carried

me out of the room on the chair in which I had been sitting. I was then

carefully deposited in the carriage, and driven to the town gaol.

The apartments assigned for my use were the best the place afforded, and

were situated on the top story of the prison, the only material

unpleasantness about them being that the windows were strongly barred.

The gaoler, a simple worthy man, civilly inquired what I would please to

order for dinner. My reply was:—“Nothing!—that, as he was no doubt

aware, I had been placed there on an illegal warrant, and would not pay

for so much as a crust; so that if I was starved to death, the Admiralty

Court would have to answer for it.”

At this declaration the man stood aghast, and shortly after quitted the

room. In about an hour he returned with an order from Mr. Marshal

Jackson to a neighbouring hotel-keeper, to supply me with whatever I

chose to order.

Thus armed with _carte-blanche_ as to the _cuisine_, I ordered dinner

for six; under strict injunctions that whatever was prized in Malta, as

well in edibles as in wines, should be put upon the table. An intimation

to the gaoler that he would be the richer by the scraps, and to the

hotel master to keep his counsel for the sake of the profits, had the

desired effect; and that evening a better-entertained party (naval

officers) never dined within the walls of Malta gaol.

This went on day after day, at what cost to the Admiralty Court I never

learned nor inquired; but, from the character of our entertainment, the

bill when presented must have been almost as extensive as their own

fees. All my friends in the squadron present at Malta were invited by

turns, and assuredly had no ward-room fare. They appeared to enjoy

themselves the more heartily, as avenging their own wrongs at the

expense of their plunderers.

At length the Admiralty authorities thought it high time to decide what

was to be done with me. It was now the beginning of March, and I had

been incarcerated from the middle of February without accusation or

trial. It was evident that if I were imprisoned much longer, I might

complain of being kept out of my place in Parliament, and what the

electors of Westminster might say to this, or what the House of Commons

itself might say, were questions seriously to be pondered by men whose

titles to office were unconfirmed. They had at length discovered that I

had committed no offence beyond the fact of having been seen to fold up

and put in my pocket a piece of dirty paper, but what that paper might

be, or where it was, there was no evidence whatever.

At length they hit upon a notable expedient for getting rid of me, viz.

to get His Excellency the Governor to ask me to give up the table of

fees. This I declined, telling His Excellency that as I had been

incarcerated illegally I would not quit the prison without trial.

It was accordingly determined that I should be put on my trial, the

puzzle being as to what offence I should be accused of. The plan, as I

afterwards found, was to interrogate me, and thus to entrap me into

becoming my own accuser.

On the 2nd of March I was taken to the Court-house, accompanied by the

naval commissioner Mr. Fraser, Captain Rowley the naval officer in

command, and nearly all the commanding officers in port.

Two clerks, one a German and the other a Maltese, were said to have

deposed to “seeing a person, whom they believed to be Lord Cochrane,

with a folded paper.” On the strength of this evidence, the following

charge was made out:—“That I had entered _the Registry_ of the Admiralty

Court, and had there taken down the table of charges; that I had held up

the same, so as to cause it to be seen by the King’s Advocate, Dr.

Moncrieff, and had then put it in my pocket, and walked away.”[75]

Footnote 75:

This charge contained a wilful falsehood, viz. that the table of fees

was hung in “the Registry;” the perversion of truth being proved by

the remarks in Parliament of the King’s Advocate, Sir John Nicholls,

on the authority of the Maltese Court, as follows:—

“Lord Cochrane went to the court-room of the Vice-Admiralty, for the

purpose of comparing the charges in his bills with the table of

established fees, which, according to Act of Parliament, ‘should be

suspended in some conspicuous part of the Court.’ After looking for it

in vain in the Court, _and in the Registry_, whither he was first

directed by His Majesty’s Advocate, he was told that he might see it

affixed on a door leading to the adjoining room. The table was

certainly not in its place—but it was as certainly not concealed!”

(_Speech of Sir J. Nicholls in the House of Commons, June 6th, 1811._)

It was equally false that the King’s Advocate directed me where to

look for the table of fees; the whole affair having taken place as

narrated in this chapter.

To this I replied that “there must be an error, for as the Act of

Parliament ordered that the table of charges should be displayed in open

Court, it could not possibly have been the paper which I saw in the

Judge’s water-closet. That the paper showed by me to Dr. Moncrieff was

folded up, so that he was necessarily ignorant of its purport or

contents. Finally, I denied having taken down the table of charges, as

established by Act of Parliament, from the Court-room.” After this reply

I demanded to be confronted with my accuser, for the purpose of

cross-examining him.

This the Judge would not allow, but said he should consider my denial in

the light of a plea of “not guilty.” He then put to me a series of

interrogatories, for the purpose of getting me to criminate myself; but

to these I refused to reply in any way, merely repeating my assurance

that his Honour must have made a mistake, it being highly improbable

that the lost table of fees should have been hung anywhere but in open

Court, as the Act of Geo. II. prescribed, viz.: _in an open, visible,

and accessible place_, which his Honour’s retiring-closet was not. Dr.

Sewell then admitted that the charges entered on the table of fees _had

not been ratified by the King in Council!_ and that he had therefore not

caused them to be suspended in open Court, according to the Act. On

which declaration I protested against the whole proceedings as illegal.

Finding that nothing could be done, the Judge then _asked me to go at

large on bail!_ This I flatly refused, alleging myself to be determined

to remain where I was, be the consequence what it might, till the case

should be decided on its merits. At this unexpected declaration the

Court appeared to be taken aback, but as I refused to be bailed, the

Judge had no alternative but to remand me back to prison.[76]

-----

Footnote 76:

As it may be useful to note the despotic practices of our foreign

tribunals in those days, I will transcribe a portion of the Judge’s

speech on this occasion, as correctly reported at the time. On my

demanding to cross-examine the witnesses against me, Dr. Sewell said:—

“The present course was the one practised on these occasions. He would

not allow any but a direct answer to the charge made, and if that

contained no crime, he should himself be responsible.”

He then said that he must administer to Lord Cochrane certain

interrogatories, and on Lord Cochrane persisting in demanding his

accuser or accusers, in place of replying to the questions, _the Judge

peremptorily required answers_.

In place of giving these, I denied the competence of the Court to take

cognizance of a criminal charge, asserting that it was not a Court of

Record; and that on a pretended accusation made by witnesses who could

not be produced, I had been arrested, imprisoned in the common gaol,

and publicly criminated, without being permitted to clear myself by

being placed face to face with my accusers, &c. &c.

-----

On arriving there, my friends were of opinion that the affair had been

carried far enough, and that I should apologise for taking the table of

charges, and send for it to Girgenti. To this counsel I refused to

listen, as I wanted the tables for exhibition in the House of Commons,

and would in no way compromise the matter.

On this the senior naval officer, Captain Rowley, said to me:—“Lord

Cochrane, you must not remain here; the seamen are getting savage, and

if you are not out soon they will pull the gaol down, which will get the

naval force into a scrape. Have you any objection to making your

escape?” “Not the least,” replied I, “and it may be done; but I will

neither be bailed, nor will I be set at liberty without a proper trial.”

In short, it was then arranged that my servant, Richard Carter, should

bring me some files and a rope; that I should cut through the iron bars

of the window; and that when everything was in readiness, on the first

favourable night, a boat should be manned at the sallyport, and that I

should be taken across to Sicily, to pick up the table of fees at

Girgenti.

Some three or four nights were occupied in cutting through the bars, the

marks being concealed in the day-time by filling up the holes with a

composition. When all was in readiness, my friends and I held our last

_symposium_ at the expense of the Admiralty Court. The gaoler was

purposely made very tipsy, to which he was nothing loth; and about

midnight, having first lowered my bedding into the streets, to be

carried off by some seamen under the direction of my servant, I passed a

double rope round an iron bar, let myself down from the three-story

window, pulled the rope after me, so that nothing might remain to excite

suspicion, and bade adieu to the merriest prison in which a seaman was

ever incarcerated.

On arriving at the harbour I found the _Eagle’s_ gig in readiness, and

several brother-officers assembled to take leave of me. The night was

dark, with the sea smooth as glass, it being a dead calm. When pulling

along the island we came up with the English packet, which had sailed

from Malta on the previous day, she having been since becalmed. As she

was bound to Girgenti, to pick up passengers and letters from Naples,

nothing could be more opportune; so, dismissing the gig, I went on

board, and was on my way to England, doubtless, before I was missed from

my late involuntary domicile at Malta. I had thus a manifest advantage

in those days of slow transit, viz. that of arriving in England a month

before news of my escape from Malta could be sent home by the

authorities of the Admiralty Court.

As I afterwards learned, nothing could exceed the chagrin of the

Admiralty officials at having lost, not only their table of charges, but

their prisoner also. No one had the slightest suspicion that I had gone

to sea, and that in a man-of-war’s boat. Yet nothing could better show

the iniquitous character of the Maltese Admiralty Court than the fact

that my escape was planned in conjunction with several naval officers

present in harbour who lent me a boat and crew, for the purpose; the

whole matter being previously known to half the naval officers present

with the squadron, and, after my escape, to not a few of the seamen, all

of whom must have been highly amused at the diligent search made for me

the next day throughout Valetta, but still more at the _reward offered

for those who aided me in escaping_. Yet not a word transpired as to the

direction I had taken, or the time occupied in searching for me on the

island might have been turned to better account by an endeavour to

intercept me at Gibraltar, where I remained long enough to dispose of my

yacht, and amuse the garrison with a narrative of my adventures since I

left the Rock two months before!

CHAP. XXXII.

NAVAL LEGISLATION HALF A CENTURY AGO.

INQUIRY INTO THE STATE OF THE NAVY.—CONDITION OF THE SEAMEN.—THE REAL

CAUSE OF THE EVIL.—MOTION RELATIVE TO THE MALTESE COURT.—ITS

EXTORTIONATE CHARGES.—MY OWN CASE.—A LENGTHY PROCTOR’S BILL.—EXCEEDS

THE VALUE OF THE PRIZE.—OFFICERS OUGHT TO CHOOSE THEIR OWN

PROCTORS.—PAPERS MOVED FOR.—MR. YORKE’S OPINION.—SIR FRANCIS

BURDETT’S.—MY REPLY.—MOTION AGREED TO.—CAPTAIN BRENTON’S

TESTIMONY.—FRENCH PRISONERS.—THEIR TREATMENT.—MINISTERS REFUSE TO

INQUIRE INTO IT.—MOTION ON MY ARREST.—CIRCUMSTANCES ATTENDING IT.—MY

RIGHT TO DEMAND TAXATION.—THE MALTESE JUDGE REFUSES TO NOTICE MY

COMMUNICATIONS.—AFRAID OF HIS OWN ACTS.—PROCEEDINGS OF HIS OFFICERS

ILLEGAL.—TESTIMONY OF EMINENT NAVAL OFFICERS.—PROCLAMATION ON MY

ESCAPE.—OPINION OF THE SPEAKER ADVERSE.—MR. STEPHEN’S ERRONEOUS

STATEMENT.—MOTION OBJECTED TO BY THE FIRST LORD.—MY REPLY.

On my return from the Mediterranean, having no prospect of employment, I

devoted myself assiduously in Parliament to the course I had marked out

for myself, viz. the amelioration of the condition of the naval service;

whether by originating such measures of my own accord, or assisting

others who had the same object in view.

At this period it was the custom to compel naval officers on foreign

stations, in whatever part of the world located, to draw bills for their

pay. The consequence was that the bills had to be sold at a discount

sometimes amounting to 35 and 40 per cent, the whole of the loss falling

on the officers negotiating the bills.

A motion to place officers of the navy upon the same footing as officers

of the army was made by Captain Bennet, and strenuously opposed by the

First Lord of the Admiralty, Mr. Yorke, as an innovation on _old rules

and customs_, which, when once sanctioned, no one could tell where it

might stop.

Upon this I inquired “what greater difficulty there could be in paying

officers of the navy abroad than in paying officers of the army? There

were consuls at all the foreign stations, who could certify what the

rate of exchange really was. Under the present system, to my own

knowledge, officers on the Gibraltar station were 25 per cent, or a

fourth of their scanty pay, out of pocket, and it was with great

difficulty that they could provide themselves with proper necessaries.”

The effect of these remarks was, that Sir C. Pole moved as an amendment

that a Committee should be appointed to inquire into the state of the

navy generally, and this was seconded by Admiral Harvey.

The debate having taken this turn gave me the opportunity of entering

more minutely into particulars. I will transcribe my remarks from the

reports of the time:—

“LORD COCHRANE said an increase of pay to the seamen in the navy would

be of little advantage to them, so long as the present system

continued. He had in his hands a list of ships of war in the East

Indies. The _Centurion_ had been there eleven years—the _Rattlesnake_,

fourteen years, came home the other day, with only one man of the

first crew—the _Fox_ frigate, under the command of his brother, had

been there fifteen years—the _Sceptre_ eight years—the _Albatross_

twelve, &c. Not one farthing of pay had been given all that period to

all those men. He had made a calculation on the _Fox_ frigate, and

supposing only one hundred of the men returned, there would be due to

the crew 25,000_l._, not including the officers. What became of these

sums all the while? The interest ought to be accounted for to

Government or to the seamen themselves. The _Wilhelmina_ had been ten

years, the _Russell_ seven years, the _Drake_ six years, of which the

men would be exiles from England for ever, and another vessel four

years. Nothing would be of greater service than the frequently

changing the stations of ships, which might be done without any

inconvenience, and even with much advantage to the East-India

Company’s ships.

“The seamen, said Lord Cochrane, from the want of their pay, had no

means of getting many necessaries of the utmost consequence to their

health and comfort. They drew less prize-money under the existing acts

than formerly. He instanced a vessel, the proceeds of which came to

355_l._; by the present mode of distribution the seaman would receive

13_s._ 5½_d._, whilst by the old mode he would have received 15_s._

1½_d._ From the officers’ share there was deducted in all 75 _per

cent_, allowing only 10 per cent for the prize courts.

“The Minister had exultingly asked, what had become of the commerce of

France? But he would undertake to show him, before he was 48 hours on

the coast of France, at least 200 sail of the enemy’s vessels. If they

were to pay more liberally the Judges of the Admiralty Courts, and

operate a proper reformation in them, he would undertake to say that

they might score off at least one third of the present ships of the

navy. Ministers said there were no vessels on the coast of France, but

he said there were; and, if they would go with him, he would show them

how they could be got at.

“He rather thought that the inattention of Government to the

profligate waste of the public money, arose from their unwillingness

to believe anything contrary to their own crude notions on these

subjects. He stated, and he begged the House to attend to it, for it

was as important as the subject of Mrs. Clarke, that in the reign of

James the Second the pay of a captain of a first-rate was 80_l._ more

than at present. King William, when he came over with his Dutch

troops, whom he was much more anxious to attend to than he was to

attend to his subjects here, took up his pen and cut off one half of

the pay. So much for foreign troops; but still, taking the advance of

prices into view, King William left it far better than it is now. His

Lordship then again called the attention of the House to the extent to

which the French coasting trade was carried on, and observed that it

could not be checked, unless greater encouragement were given to the

captains. If he commanded a ship on the French coast, by keeping at a

good distance he might go to sleep, but in order to intercept those

coasting vessels the captain must be on deck watching all night. It

was impossible officers would do this merely to put money into the

pockets of those who practised in the Admiralty Courts.

“MR. YORKE said that at this late period of the session it would be

impossible to enter upon a subject of such detail. As to ships being

detained so long upon foreign and distant stations, it was much to be

regretted, but it was often unavoidable.”

These were singular reasons for not entertaining a subject of such

importance. According to Mr. Yorke, it was too late in the session to

conduct the war successfully, whilst the other evil complained of could

only be “regretted!”

For want of better argument, I was accused of insinuating that without

the chance of prize-money officers would lose a great incentive to duty.

I only took human nature as I found it, and it is not in human nature to

exercise unremitting vigilance and exertion without the hope of reward;

much less that unceasing vigilance, by night as well as day, requiring

almost constant presence on deck to intercept an enemy’s coasting trade,

carried on almost solely in the night, when the enemy felt secure of our

vessels being run out to sea, from want of motive to remain in shore.

On the 6th of June I entered on the subject of the Maltese Court of

Admiralty. As the debate in the House is sufficiently explicit, previous

comment is unnecessary.

_“Vice-Admiralty Court of Malta._

“Lord Cochrane rose to make the motion of which he had given notice.

The noble lord began by stating that he had before had occasion to

trouble the House on this subject, but he then failed in his attempt

to obtain justice, on the ground that there was not sufficient

evidence of the facts stated to warrant the House in entertaining his

motion. He had since, however, personally been at Malta, and had

procured such a chain of evidence, that if the House should now be

pleased to entertain his motion, he had no doubt but he should be able

to lay before them such a connected string of evidence of flagrant

abuses in the Vice-Admiralty Court at that island, as would astonish

all who heard it.

“He would undertake to prove that, if the Court of Admiralty at home

would do their duty, one third of the naval force now employed in the

Mediterranean would be sufficient for all purposes for which it was

employed there, and that a saving might be made in the naval service

alone of at least five millions sterling a year. If the Committee for

which he moved last year had been granted, the evidence to prove this

might now have been before the House.”

There was no question at the time, and many naval officers are yet

living to confirm the assertion, that the rapacity of the Admiralty

Courts and their extravagant charges for adjudication and condemning

prizes did prevent the interception and capture of the majority of the

numerous small vessels employed in the coasting trade of the enemy, this

forming to him the most vital consideration, as the means of

provisioning his armies. At the commencement of the war, the capture of

large vessels coming from distant parts with valuable cargoes gave so

much prize-money as to render both officers and crews careless about a

little exertion more or less, but when the enemy’s foreign trade was

destroyed nothing remained to be looked after but small craft, and as

the Admiralty Court charges had increased in an inverse ratio to the

worthlessness of small craft, few would run the risk of looking after

them, with the certainty of small gain, and the more than probability of

being brought in debt for their pains. The consequence was, that little

or no destruction was offered to the enemy’s coasting trade, which,

important as it was to him for subsistence, ought to have been far more

so to us, as its destruction would have deprived him of the means of

subsistence.

Between the years 1803 and 1807, the naval establishment was increased

from 200 to 600 vessels of war, notwithstanding which the coasting

commerce of the enemy still went on, and it should have been obvious

that when the navy was increased to upwards of 1000 ships, _nothing more

was done_. The amusement of cutting out coasting vessels when under the

protection of batteries ceased to operate as an incentive. The logs of

frigates showed that their commanders avoided the risk of keeping their

ships in contiguity with the shore _at night_, and secured a good

night’s rest for their men by running into the offing. Hence the enemy’s

coasting convoys proceeded by night, and in the day ran into some port

or other place of protection. The result in the frigates’ daily

journal,—“Employed _as usual_,” was no less true than comprehensive.

For telling such truths as these, an outcry was raised against me for

depreciating the character of officers! The case was my own. I took

prizes in the Mediterranean and elsewhere by dozens, for which neither

my officers nor crews got anything, the proceeds being swallowed up by

the Admiralty Courts. I then turned to harassing the coast armies and

forts of the enemy, without hope of reward, deeming this kind of

employment the most honourable to myself, and the most advantageous to

my country. So far from my pointing out the effect on the mind of

officers in general being a reflection on their honour, it was only

creditable to their common sense. They could not reasonably be expected

to sacrifice their rest and that of their crews, or to run their ships

into danger and themselves into debt, for the exclusive emolument of the

Courts of Admiralty! I have no hesitation in asserting that had the

Ministry diminished the navy one half, and given the whole cost of the

other half to the Admiralty Court officials in lieu of their charges,

the remaining ships would of themselves have turned the course of the

war, and their commanders would have reaped fortunes.[77]

-----

Footnote 77:

In February, 1811, I pointed out to the House of Commons the monstrous

fact that 107 ships of the line were in commission to watch 23!

(Hansard, vol. xv.)

-----

These remarks will enable the naval reader to comprehend what follows.

They are not intended so much for a history of past maladministration as

a beacon for the future.

“The noble lord then read a letter from a captain of a vessel at the

Cape of Good Hope, complaining ‘that the officers of ships of war were

so pillaged by those of the Vice-Admiralty Courts, that he wished to

know how they could be relieved; whether they could be allowed the

liberty to send their prizes home, and how far the jurisdiction of the

Vice-Admiralty Court extended; for that the charges of that court were

so exorbitant, it required the whole amount of the value of a good

prize to satisfy them. In the case of one vessel that was sold for

11,000 rupees, the charges amounted to more than 10,000. This was the

case at Penang, Malacca, and other places, as well as at the Cape.’ He

would not, however, wish to dwell on this, but put it to the feelings

of the House, whether naval officers had any stimulus to do even their

duty, when the prizes they took would not pay the fees of the

Vice-Admiralty Courts merely for condemning them? It had been stated

the other day at some meeting or dinner by a very grave personage, the

Lord Chancellor, that the ships of France were only to be found in our

ports. If that statement were believed by Ministers, he should be glad

to know why we at this moment kept up 140 sail of the line, and

frigates and sloops of war in proportion to that number.”

What follows is very curious, as establishing the magnitude of the

charges for adjudication in the Vice-Admiralty Courts. The bill for the

condemnation of the _King George_ privateer, the first vessel taken by

the _Impérieuse_, had brought me 600 crowns in debt, and was of such

magnitude that I had an exact copy made of it, and pasted continuously

together. The result will be gathered from what follows.

“His Lordship then produced the copy of a Proctor’s Bill in the island

of Malta, which he said measured six fathoms and a quarter, and

contained many curious charges. [_The unrolling this copy caused a

general laugh, as it appeared long enough to reach from one end of the

house to the other._] This Proctor, the noble lord said, acted in the

double capacity of Proctor and Marshal; and in the former capacity

feed himself for consulting and instructing himself as counsel, jury,

and judge, which he himself represented in the character of Marshal;

so that all those fees were for himself in the one character, and paid

to the same himself in the other. He then read several of the fees,

which ran thus:—for attending the Marshal (himself) 2 crowns, 2 scudi,

and 2 reals; and so on, in several other capacities in which he

attended, consulted, and instructed himself, were charged several fees

to the same amount. An hon. member, not then in the house, had last

year opposed the motion he had brought forward, for a Committee to

inquire into this subject; but, on seeing these articles of this his

own Proctor’s bill, his Lordship flattered himself that the hon.

member would now join in the support of the present motion. The noble

lord said he had produced the copy of the bill to show the length of

it. He then showed the original; and to show the equity and moderation

of the Vice-Admiralty Court, he read one article where, on the

taxation of a bill, the Court, for deducting fifty crowns, charged

thirty-five crowns for the trouble in doing it. A vessel was valued at

8608 crowns, the Marshal received one per cent for delivering her, and

in the end the net proceeds amounted to no more than 1900 crowns out

of 8608—all the rest had been embezzled and swallowed up in the Prize

Court. He was sorry, he said, to trespass on the time of the House, on

a day when another matter of importance was to come before them. He

pledged himself, however, that no subject could be introduced more

highly deserving their serious attention and consideration.”

I am not sure that by late treaties prize-money in future wars is not in

effect abolished, though how treaties can exist during war I am not

aware. If this be so, or anything like the spirit of such an

arrangement, certain I am that the prestige of our navy is gone till the

old system is restored. The United States Government has, I am told, had

the good sense not to conform to any arrangement of the kind. If my life

be longer spared I may in a future volume revert to this subject.

However, even as the matter now stands, something must be captured, and

I would suggest as a remedy for this enormous Admiralty Court evil to

assimilate the regulations of those courts to the courts of law. Pay the

judges and officials as other judges and officials are paid. Permit

officers of the navy to choose their own proctors, as suitors in other

courts choose their own attorneys. It is not honourable to the

Government nor just to those serving under its authority, to compel

officers to place the litigation of all prizes—even detained neutrals—in

the hands of one individual, who, under the name of proctor, may have

hundreds of causes in hand at the same time. The detention of a neutral

may compromise a captain’s fortune in the event of an unfavourable or

hurried decision, for in such cases the liability to damages falls

exclusively on captains, the admirals and crews having no

responsibility. For my own part, as it was neither my bounden public

duty, nor safe to my personal interests, to interfere with neutrals, I

avoided their detention, however apparently flagrant the violation of

their nominal neutrality.

“He (Lord C.) would not trouble them with anything concerning himself,

because he trusted he had a remedy elsewhere. The noble lord then

stated that altering or regulating the fees established by the King in

council, for the island of Malta, was contrary to Act of Parliament,

that when he went to Malta five years ago he found the fees very

exorbitant; and, in order to prove to the House that the fees demanded

now were fees which had been altered since the table of fees was sent

out, the noble lord mentioned an instance of thirteen small vessels

which had been taken by the gallant Captain Brenton, who lately lost

his arm in the service, being brought into the Vice-Admiralty Court

for condemnation; the charge made for doing that act (which must be

done before the prizes could be sold) was 3767 crowns; but on a severe

remonstrance from Captain Brenton, the Judge deducted 3504 crowns, and

was glad to accept 263 crowns instead of 3767, rather than have a

noise made about it in England.

“He (Lord C.) could assure the House the subject was well worthy their

attention; and, if the Lords of the Admiralty knew all the

circumstances, he was confident that, instead of opposing, they would

support his motion. He meant to accuse the Judge, the Marshal, and the

Registrar of the Court with abuse of their offices, and concluded by

moving, ‘That there be laid before this House, 1. Copy of the

Commission or Appointment of Dr. Sewell to officiate as Judge of the

Vice-Admiralty Court of Malta. 2. Copy of the Commission or

Appointment of Mr. John Jackson to the office of Marshal to the said

Court. 3. List of the Proctors officiating in the said Court, with the

dates of their admission. 4. Copy of the Appointment of Mr. Locker to

execute the office of Registrar of the said Court. 5. Copies of the

several deputations given by the Registrar and the Marshal of the said

Court to their respective deputies to the end of February last;

together with the notifications of those appointments to the High

Court of Admiralty, or the Board of Admiralty, with the reasons

assigned for such nominations or appointments. 6. Copies of any

representations made to the Lords Commissioners of the Admiralty

regarding the incompatibility of the situations of Proctor and

Marshal, united at Malta in the person of Mr. Jackson, and the

consequent correspondence with the Court of Admiralty, or the Judge of

the Court of Admiralty, on that subject. 7. Copy of any Table of Fees

established by His Majesty in Council, and furnished to the Courts of

Vice-Admiralty under the Act of 45 Geo. III. c. 72, or any other Act

of Parliament. 8. Copy of the Table of Fees by which the charges were

made on the suitors in the Court at Malta. 9. Copy of the Authority by

virtue of which the Judges of the Vice-Admiralty Courts are empowered

to alter or amend the Table aforesaid; or to make any other Table of

Fees, to regulate the charges incurred by the suitors in that Court.

10. Copies of Official Demands made, or Official Correspondence which

has taken place, between the Judge of the Vice-Admiralty Court at

Gibraltar, or at Malta, and the High Court of Admiralty, or the Judge

of the High Court of Admiralty, requiring or regarding a Table of Fees

to be sent for the guidance of those Courts, or either of them. 11.

List of the number of vessels that have been prosecuted in the Court

of Vice-Admiralty at Malta, and which have been liberated on payment

of costs and damages or otherwise. 12. Copies of the Appointments

which —— Wood, Esq., late Secretary to Lord Viscount Castlereagh,

holds in the island of Malta.’

“MR. YORKE said that he did not mean to object to the production of

the greater part of the papers moved for by the noble lord. His motion

seemed to charge with extortion the persons connected with the

Admiralty Court at Malta; and certainly the _prima facies_ appeared to

justify it, and some reform might be necessary in some of the

departments, which induced him to acquiesce in the general features of

the noble lord’s motion; but some difficulty might exist in the

production of one or two of the papers he moved for, as they possibly

implicated some private correspondence which it would be improper to

produce. Many of the papers moved for must be brought from Malta, and

therefore it would be impossible that the investigation could take

place this session; and he hoped the noble lord would, on examination,

if he found just ground, persevere in his motion, as it was certainly

highly improper for the dignity of the House and the due management of

the affairs of the country that a remedy should not be applied to

those evils, if they existed.

“SIR JOHN NICHOLL (King’s Advocate), while he admitted with the First

Lord of the Admiralty, that the case, as it stood at present called

for inquiry, thought proper at the same time to state, in the absence

of his learned friend (Sir W. Scott), that he had no control over the

Vice-Admiralty Court of Malta in matters of prize. The appeal lay to

the King in Council, and his learned friend was not in the smallest

degree responsible. If the abuses charged by the noble lord existed,

they ought to be corrected; but his doubt was as to the means. His

Majesty in Council had authority to correct abuses as to fees, &c.;

but no application, as far as he knew, had been made in that quarter.

It was the fashion now to come to Parliament in such cases. As to the

character of the Judge of the Prize Court at Malta, he not having been

in the habit of corresponding with him could not undertake to speak

positively to that point. Having practised with him for some time at

the same bar, he had every reason to believe that he was a man of

talent and integrity, and the noble lord knew that he was not wanting

in spirit to execute what he thought right. He was absent, and he was

a Judge—and no prejudices ought to be admitted against him till he had

an opportunity of being heard in his defence. He hoped the noble lord

was under a misapprehension. The regulation of the fees had been

probably left to the Judge because he himself could hardly have any

interest in augmenting them. They could hardly fall below 2000_l._, to

which sum only he was entitled out of them. From the failure of the

noble lord in substantiating charges made by him on former occasions,

it might be fairly inferred that accusations preferred by him might

possibly turn out to be unfounded.

“SIR FRANCIS BURDETT said he should have made no observation on the

subject, after having seconded the motion, but from what had fallen

from the right hon. gentleman who had just sat down, that his noble

colleague had not substantiated the charges he formerly brought

forward. The reason of this was obvious; the noble lord had never had

an opportunity given him to substantiate his charges. He had pledged

himself to prove them at the bar of the House, but his motion for a

committee was negatived.

“MR. ROSE said that when abuses in the Vice-Admiralty Courts abroad

were detected, measures were always taken to rectify them, and

proceedings were at present pending _against three of those courts_.

But he defied the noble lord to point out any impropriety in the

Admiralty Courts at home. After the minutest investigation, he could

not find a single ground of complaint against the officers of that

Court. The proctor for the navy was remarkable for his attention and

integrity, and his charges were more moderate than those of any other

proctor. The interests of the officers of the navy were as well

attended to as those of any individual. The noble lord had failed in

two charges on former occasions. He had brought charges against the

Admiralty Court, and against the Government for the treatment of the

prisoners of war. Both were utterly unfounded. The prisoners, as had

been found on inquiry, were even more healthy than our militia

regiments.

“MR. LYTTLETON said the right honourable gentleman who had spoken last

_allowed abuses existed_; he did not know whether it was so or not,

but he knew several officers of the navy of the highest character who

complained loudly that there were, and this was in his opinion good

ground for granting the present motion.

“LORD COCHRANE stated that, having complained to the Admiralty here of

a grievance in being obliged to submit to exorbitant charges in the

prosecution of a prize cause at Malta, the opinions of the Attorney

and Solicitor-General, and other lawyers, had been put into his hands,

purporting that his plan was to apply to the Judge at Malta. He wrote

to the Judge accordingly, who referred him to the Proctor, as he did

not choose to enter into private correspondence with suitors in causes

before him. He then wrote to the Proctor, who sent for answer that it

was unprecedented to demand a bill to be taxed that had been paid so

long ago as 1808; so that he thought his having got the money a good

reason for not parting with it. He then wrote to the Judge but got no

answer, and this was the redress he got in the quarter where the crown

law officers had advised him to apply. The noble lord further

observed, that in opposition to the act of the 45th of the King, the

Judge at Malta had not only established but altered the table of fees.

An allusion was made to the spirited conduct of the Judge; but he had

affidavits of Captain Maxwell and others, who were present, that the

Judge had admitted that he had no proof of the crime for which he

(Lord C.) had been sent to gaol. Against him, however, he would

proceed in another way, unless he should find it necessary to call for

the interference of the House to bring this Judge home. He had

consulted lawyers, and understood that he could not proceed against

him till he came to this country. As to his former charges, he had

been denied the opportunity of proving them. He concluded by repeating

his charges of extortion, &c., against the Judge and Marshall.

“MR. WHITBREAD said that if the official correspondence did not clear

up the case, he would move for further papers if no one else did.

“Some alterations were then made in the motion, in consequence of a

difference of opinion as to the construction of the 45th of the King,

relative to the establishment of tables of fees in the Prize Courts,

after which they were all carried.”

Notwithstanding the admission of the First Lord of the Admiralty that

the papers were necessary, and that they were produced, it is scarcely

creditable that the Government subsequently refused to act in the

matter, thus turning a deaf ear to proofs that the enactments of the

Legislature were defeated by the rapacity of distant Admiralty Courts,

which continued to impound without scruple the rewards which the

Legislature had decreed for effective exertion.

The naval reader who may wish to know more respecting the extortionate

fees of these courts may refer generally to Capt. Brenton’s “Life of

Lord St. Vincent.” I will extract one passage. He says (vol. ii. p.

166):—“Lord Cochrane made a statement of some facts to this effect in

the House of Commons, but he might have gone much further. The proctor’s

bill for a prize taken by the _Spartan_, when my brother commanded her,

was 1025_l._, which, when refused payment and taxed, _was reduced to

285l!_”

Capt. Brenton thought “I might have gone much further.” So I might, but

with as little effect. Even the facts I did state were impudently denied

or shamelessly defended.

On the 14th of June an attack was made upon me by the Secretary of the

Treasury, on account of some remarks which I had deemed it my duty to

make on the condition of the French prisoners at Dartmoor. In

consequence of circumstances which had come to my knowledge, I visited

that prison and _was refused admittance_ the moment my name was

announced. This did not, however, prevent my surveying the prison from

an eminence on the exterior: this cursory inspection confirmed the

information I had received.

“MR. ROSE observed that it would appear from these documents that the

total number of French prisoners remaining in England amounted to

45,939, and that the returns of the sick were 321. The number on

parole were 2710; and the sick 165. This statement, he conceived,

would be a sufficient answer to the imputations of negligence upon the

part of the Government which had been thrown out by a noble lord.

“LORD COCHRANE referred to the manner in which he had been reproached

by Mr. Rose’s pointed address, and thought it incumbent upon him,

considering the repeated assertions of that hon. member, that he was

unable to prove facts which he had stated to the House, to justify his

conduct in having given notice of a motion relative to the prison in

Dartmoor; but in which he did not persevere, for reasons very

different from those assigned by the right hon. gentleman. His

Lordship had never asserted that which he could not establish. The

time that had elapsed would sufficiently evidence his reluctance to

bring the matter to the knowledge of the public, fearing that a

disclosure might add to the misfortunes of his countrymen in France.

“Having received many letters stating the condition of the prisoners

of war at Dartmoor to be truly deplorable, he determined to

investigate the subject; and, having had occasion to go to Exeter, he

proceeded to Launceston and other depôts, whence he obtained the

intelligence, and, being satisfied that the complaints had some

foundation, he went to Dartmoor; but was refused admittance, even in

his capacity as a member of Parliament (a laugh). Though members might

laugh, he thought members of Parliament should be entitled to

admission there, or to any other prison in the kingdom. Having

contributed to place many individuals there, he applied for permission

to see the interior, but was refused leave, except to look through a

grating into the outer courtyard. He found the climate of the prison

accurately and faithfully described, and he was the more anxious to

see the interior, owing to the refusal directly given him. He inquired

the reason for building a depôt in such a barren, elevated, and

extraordinary situation, and was told that it was for the purpose of

attracting inhabitants. He proceeded to Plymouth, where he obtained a

plan of the prison, which fully corroborated one complaint, that the

health of the prisoners had suffered by exposure to heavy rains whilst

standing in an open space for several hours receiving provisions

issued at a single door; the cooking-room being several hundred feet

from the prison, which then contained six thousand prisoners, divided

into messes of six; consequently one thousand were soaked through in

the morning attending for their breakfast, and one thousand more at

dinner. Thus a third were constantly wet, many without a change of

clothes. He was told, however, that they gambled or sold them. On his

second visit to Dartmoor his Lordship, being again refused admittance,

began to explore the exterior, and found, by a very peculiar

coincidence, that the manure from this prison had been placed on the

only spot in Devon whence the stercoraceous matter of the depôt could

descend on a neighbouring and elevated estate belonging to the

Secretary of His Royal Highness the Prince Regent (Mr. Tyrwhitt). Had

such a circumstance happened in the island of Walcheren to an estate

of the Secretary of Louis Napoleon, he would not have been surprised.

The prison of Dartmoor was built in the most inclement part of all

England, on the top of the highest mountain in Devonshire, involved in

perpetual rains and eternal fog. That the prison was not built there

on a principle of economy might be seen by inspecting the contracts

for provisions, coals, and necessaries furnished at Dartmoor and at

Plymouth. He thought he calculated a difference of more than seven

thousand pounds a year on the provisions alone. It might be very

proper, he imagined, that prisoners should not be collected in great

numbers at Plymouth, but he asserted that Dartmoor depôt ought not to

have been placed upon the top of the highest and most barren range of

mountains in Devonshire, where it is involved in constant fog, and

deluged with perpetual rain. He had relinquished his intention of

entering into the matter, because he received assurances that the

situation of the prisoners would be immediately attended to. He would

abstain from remarking upon the manner in which Mr. Rose had taken him

by surprise, and wrested from him those facts in his own defence. Had

he brought that matter forward voluntarily, his Lordship would have

cleared the House, to prevent publicity.”

Capt. Brenton, in his “Life of Lord St. Vincent,” when speaking of the

treatment of our prisoners of war, bore testimony to the truth of my

representations, which Mr. Rose had so emphatically denied:—

“The charge of sick and wounded prisoners of war fell into the hands

of a set of villains, whose seared consciences were proof against the

silent but eloquent pleading of their fellow-creatures—sick and

imprisoned for no crime, in a foreign land, far away from their

friends and relations.” (Vol. ii. p. 165.)

No one supposed the Government to be guilty of the matters complained

of, but they refused to inquire into the conduct of those who were,

thereby protecting them in their iniquity. I saw at Dartmoor old and

_recently mutilated_ bulls, covered with dust and gore, driven along the

road towards the prison, leaving tracks of blood behind! Thus the

contract for supplying the prisoners with _ox beef_ was fulfilled by

some partisan of the government, who had _sublet_ his contract to a

Devon butcher. It was not always in those days that a contract was given

to the tradesman who fulfilled it.

On the 18th of July I brought forward a motion on the subject of my

arrest at Malta:—

“_Conduct of the Vice-Admiralty Court at Malta.—Arrest of Lord

Cochrane._

“LORD COCHRANE rose and said:—

“SIR,—The delay that has taken place since my return to England, and

the legal authorities that I have consulted, will, I trust, evidence

that I trespass on your attention with reluctance, relative to the

conduct of the Judge and members of the Court of Vice-Admiralty at

Malta; partly from a desire to avoid the possibility of private

motives being imputed to me, but chiefly from a conviction that

Parliament should not interfere in matters cognisable in the courts of

justice.

“How far, under the last impression, I am warranted in calling upon

this House to exercise an authority in the present instance, will

appear by the opinions of Sir A. Piggott, Mr. Holroyd, Mr. Leach, and

of another learned gentleman who is not now in his place. ‘Process of

the Courts,’ says Sir A. Piggott, ‘does not extend to Malta: there is

no mode whilst they are abroad to compel appearance to actions here.’

The answers of the other learned gentlemen being the same in

substance, I need not detain you by reading them.

“Three years have passed since I memorialised the Admiralty on this

subject; it cannot therefore be said that I have acted with

precipitation. Indeed, I have had time enough to reflect, and I do

assure you that I am fully aware of the responsibility which I shall

incur if I fail in establishing whatever accusations I bring against a

judge presiding in one of His Majesty’s courts, and against those

acting under his authority; but furnished as I am with original

documents, having the signatures of the judge and members of the

Court, I am not inclined to shrink from the task of proving their

violation of the Acts on your table, especially of the 37th, 38th,

39th, and 41st sects. of the 45th of his present Majesty, c. 72. The

first of which empowers the King in Council alone to make or alter a

table of fees to regulate the charges in Courts of Vice-Admiralty, and

yet the members of the Court of Malta fabricated one for themselves,

which the judge subsequently altered by affixing a note in his own

hand, abolishing the table _in toto_, except by reference to certain

unascertained charges made in a distant court, which were not set

forth. This note is as follows: ‘At a meeting of all the members of

the court shortly after its arrival, for the purpose of settling what

should be considered as reasonable fees, it was agreed, that in no

instance they should exceed the proportion of one third more than

those paid for similar services in the High Court of Admiralty in

England,’ signed ‘J. Sewell;’ who thus assumed the authority of the

King in Council, in open violation of the 37th, and in contempt and

defiance of the penalties enacted by the 38th and 39th sections, which

declare that ‘receiving or taking any fee or fees beyond those

specified in the table aforesaid,’ that is, the table authorised by

the King in Council, shall be punished by the loss of office; and

further, ‘demanding or receiving any sum or sums of money other than

the fees aforesaid shall be deemed and taken to be extortion and a

misdemeanour at law, and shall be punished under and by virtue of this

Act.’ Words cannot convey a more distinct prohibition, and yet I hold

in my hand demonstration of an opposite line of conduct being pursued

by the Court. This is not all; the law directs that the ‘Table of

Fees, authorised as aforesaid, shall be suspended in some conspicuous

part of the Court in which the several judges of the Vice-Admiralty

Court shall hold their courts.’ At Malta, however, it was concealed,

first, during five years in a drawer, and when taken therefrom in

consequence of loud complaints on the subject of their charges, it was

affixed, not ‘in some conspicuous part of the Court,’ not in the Court

at all, but on the door of a private room behind the Registry, where

suitors could have no access to it.

“Sir, The fabricating, altering, and concealing the table of fees is,

perhaps, the least profligate part of their conduct. What will the

House think when they find that John Jackson the marshal, who, to the

knowledge of the judge, _acts also as proctor in defiance of the law_,

is in the constant habit of charging his clients of the navy for

attending, feeing, consulting, instructing, and admonishing himself,

and this in the very teeth of the 41st section, which enacts that ‘No

registrar or deputy-registrar, marshal or deputy-marshal, of or

belonging to any of His Majesty’s Courts of Vice-Admiralty, shall,

either directly or indirectly, or himself or themselves, or by any

agent or agents, or any person or persons whomsoever, act or be

concerned in any manner whatsoever, either as an advocate or proctor.’

Mr. Jackson’s charges are so ingenious that I must beg leave to read a

few of them. ‘Attending in the Registry and bespeaking a monition, two

crowns; paid for the said monition, under seal and extracting, nine

crowns; copy of the said monition for service, two crowns; attending

the marshal (himself, observe) and instructing him to serve the same,

two crowns; paid the marshal for service of said monition, two crowns;

certificate of service, one crown; drawing and engrossing an affidavit

of service, two crowns; oath thereto and attendance, two crowns, two

reals, and three scudi.’ How exact! ten shillings and two-pence three

farthings for an oath that he had attended on himself with a monition!

One of these bills was taxed by the deputy registrar, who admitted

these iniquitous charges. Yes, Sir, they were allowed and admitted by

Stevens, the deputy registrar, who treats his friends with Burgundy

and Champagne out of the proceeds of captures made by the navy, from

which fund, John Locker, the sinecure registrar, like the sinecure

registrar at home, also derives his unmerited emoluments. I ask, is it

fit that the reward granted by His Majesty and the legislature to the

navy, for the toil and risk which they undergo in making captures from

the enemy, should be thus appropriated?

“That I had a right to demand the taxation of such a bill as that

which I have shown there can be no doubt, even if I could not produce

the opinion of His Majesty’s Attorney-General to that effect. Yes, the

opinion of Sir V. Gibbs, and of the Solicitor-General, signed also

Charles Robinson, William Battine, T. Jarvis, to all of whom the

memorial which I presented to the Admiralty was referred in April,

1809. ‘The expenses,’ say these learned gentlemen, ‘in this case do

not appear to have been brought to the knowledge of the Court so as to

have given the judge an opportunity of exercising his judgment upon

them; that would be the proper mode of redress for grievances of this

description.’

‘Thus instructed, I addressed the judge on my return to Malta, in

February last, soliciting that he would be pleased to direct my bill

to be taxed, to which he returned the following answer, addressed on

His Majesty’s service:—‘My Lord, In reply to your letter of

yesterday’s date, I beg leave to refer you to your proctor for the

information you are desirous of, it not being the practice of the

Vice-Admiralty Court here, any more than the Court of King’s Bench in

England, to enter into private correspondence with suitors on the

subject of their suits or of any matters connected with them. Signed

J. Sewell.’

“It appeared extraordinary that I should be referred to the person

complained of, as judge in his own cause. Still, however, in

compliance with Dr. Sewell’s advice, I directed my agent to make the

application, and the following, as might have been anticipated, was

the ingenious gentleman’s reply:—‘Sir, My bill in this case having

been delivered to you so long ago as the 8th of August 1808, and

having been paid by you soon after, I was a good deal surprised at

your note, received yesterday, informing me that Lord Cochrane wishes

to have the said bill taxed, and therefore I beg that you will apprise

his Lordship that it is a thing quite unprecedented to tax a bill

which is paid. I should have supposed that the advice I gave his

Lordship, not to proceed in this cause, would have exempted me from

the suspicion of having made unwarrantable charges. Signed John

Jackson.’ As the unwarrantableness of the charges did not rest on

suspicion, I wrote to Mr. Jackson myself, who answered:—‘I humbly

conceive that your Lordship is not now entitled to demand a copy of

your account, and therefore I beg that you will excuse me from

complying with such demand.’ I next required him to submit my account

for taxation, this he also declined as follows:—‘My Lord, In reply to

your letter of this day, I have to inform you that I cannot consent to

open an account that was closed two years ago, and that is my only

objection to my bill in the cause of King George being taxed, which I

hope your Lordship, on reflection, will see to be a reasonable

objection.’ I confess I did not consider the lapse of two years to be

any objection at all, particularly as I was absent from Malta when the

bill was paid, and no earlier opportunity had offered to call for a

revision of the charges; for this reason, and fortified with the

opinion of the learned gentleman opposite (Sir V. Gibbs) about a month

afterwards, I again addressed Dr. Sewell on the subject, who, so far

from ‘exercising his judgment’ on the marshal’s iniquitous bill of

costs, did not condescend to take the slightest notice of my

communication, though furnishing him with extracts from Mr. Jackson’s

written refusals. Neither did the judge reply to a note delivered to

him on the following day.

“Being thus excluded from the ‘proper mode of redress for grievances

of this description,’ I proceeded to the court-room of the

Vice-Admiralty for the purpose of comparing the charges contained in

numerous bills in my possession with the established fees, which I was

instructed by the Acts of Parliament, ‘should be suspended in some

conspicuous part of the Court,’ every part of which I searched in

vain; neither was the table in the Registry, where His Majesty’s

Advocate directed me to look for it, who, on my returning into Court

again, to make further inquiry, said that I would find it affixed on a

door leading to the adjoining room.

“That mutilated paper, concealed contrary to law, I was accused of

having taken down and carried away from a place where it could not

have been affixed, except in defiance of these statutes, and in

contempt of justice. That, Sir, was the paper for which I was followed

through the streets of Malta for the space of a week by the deputy

auctioneer, styled in the judge’s warrant and attachments by the title

of ‘deputy marshal,’ but who, in fact, never had an authority from the

marshal; perhaps, because the marshal was conscious of having vitiated

his powers by the illegal acts of which he was guilty, and thus

thought to escape the consequences which might arise from the acts of

his nominal deputy. So loosely are things conducted in that Court!

Surely no reasonable man can blame me for refusing to be taken to gaol

by the deputy auctioneer. Indeed, Chapman admits, in his affidavit of

the 24th of February, that my objection was to his want of authority;

for, I naturally concluded that unless he was an officer of the Court

his acts might be disowned, and thereby the guilty would escape

punishment.

“That this was the view which I took of the case, will appear by my

offering no resistance to James Houghton Stevens, who was appointed on

Chapman’s nominal resignation; I say, Sir, that I offered no

resistance, for, by refusing to walk to gaol, I did no more than

decline, by an act of my own, to contribute to illegal proceedings.

“It is not my intention to trouble the House at length relative to

this affair, which is of trifling importance compared with the

mischiefs that arise from the system of plunder and abuse practised in

the Courts of Vice-Admiralty. However, it may not be improper to

mention that I was conducted by the keeper of the gaol to a place with

a broken window barred with iron, furnished with an old chair, and a

close-stool in the corner. From this, however, I was removed, as the

judge began to fear the consequences of his illegal acts; and on the

third day, being brought from the keeper’s room to the Court of

Vice-Admiralty, there, without an accuser, except the judge, that

learned and worshipful gentleman attempted in the absence of proof to

administer a long string of interrogatories, which I, of course,

refused to answer, and thereby furnished what might be construed by

him into evidence of my having taken away his illegal table. Being

further pressed and threatened, I delivered a protest in writing,

‘against the illegal warrant issued by William Stevens, an examiner

and interpreter to the Vice-Admiralty Court of Malta, registered

merchant, commission broker, and notary public, calling himself deputy

registrar of the Court, and professing to act under an appointment of

John Locker, sinecure registrar, and further against the illegal

endeavours to execute the warrant by John Chapman, deputy auctioneer,

acting for and on behalf of —— Wood, late private secretary to Lord

Castlereagh, a non-resident, enjoying an income of about seven

thousand pounds sterling per annum, derived from the sale of prizes

and the goods of merchants trading to Malta, but calling himself

deputy marshal of the Vice-Admiralty Court, and professing to act

under an appointment from John Jackson, proctor and marshal, contrary

to law; and farther against all acts of the said John Jackson, in the

capacity of marshal, by himself or his deputy, and against John

Locker, sinecure registrar, and William Stephens, calling himself

deputy registrar: John Locker having, under the signature of William

Stephens, taxed bills of fees and expenses of the Court of

Vice-Admiralty, wherein the fees of the said John Locker and William

Stephens in their capacity of registrar, deputy registrar, examiner,

interpreter, &c. &c. &c., are made and examined by themselves, and in

which various illegal charges were allowed and suffered to be made by

John Jackson, as proctor, for attending, feeing, consulting, and

instructing himself as marshal; in which double capacity he acts, in

defiance of the 41st and of the 45th Geo. III. chapter 72.’ And

further, I solemnly protested John Sewell, styling himself judge of

the aforesaid Court, for refusing, by letter dated the 13th January,

1811, to order satisfaction to be given by the said John Jackson,

referring to him a judge in his own cause; and likewise for not having

given any answers to official letters delivered to him, bearing date

the 19th and 20th of February, 1811, on the same subject. And further,

I protested against the said John Sewell, for not complying with the

Act of Parliament, which directs that ‘a table of fees shall be

suspended in some conspicuous part of the Court, in which the several

judges of the Court of Vice-Admiralty hold their sittings.’

“Sir, The judge at first refused to receive any protest, but

afterwards did so; and afterwards I was re-committed to prison, not

for contempt of court, but for the old accusation of not having

complied with certain warrants addressed to a person styled deputy

marshal, who never had an authority to act as such. That no proof

existed of my having taken the table of fees will appear from the

following affidavit of Commodore Rowley, Commissioner Fraser, and

Captain Murray Maxwell, of the navy:—

“Be it known to all persons whomsoever it may concern that on the 2nd

day of March, in the year of our Lord 1811, personally came and

appeared before me the undersigned notary-public Percy Fraser,

commissioner of His Majesty’s navy, resident in the island of Malta,

Charles Rowley, Esq., captain of His Majesty’s ship _Eagle_, and

Murray Maxwell, Esq., captain of His Majesty’s ship _Alceste_, and

solemnly made oath that on the aforesaid 2nd day of March, whilst the

Court of Vice-Admiralty of the said island of Malta was sitting, they

severally and distinctly heard John Sewell, LL.D. the judge thereof,

and whilst sitting in his judicial chair, admit in open Court, and in

the presence of divers persons there assembled, to the Right

Honourable Lord Cochrane that there existed no proof in the aforesaid

court of his said Lordship’s having taken down the paper in question,

by the judge aforesaid called the table of fees.

(Signed) Percy Fraser, C. Rowley, Murray Maxwell.’

‘On the second day of August, 1811, the aforegoing attestation was

duly sworn at Malta, where stamps are not used, before me, Chas. Edw.

Fenton, Notary-Public.’

“Notwithstanding the confession of the judge in open Court thus

attested, I remained unnoticed three days longer in the public gaol,

where I now clearly saw that it was the intention of the judge to

detain me until the packet had sailed for England, and probably until

she returned to Malta with instructions. I therefore wrote to the

Governor, who, having consulted Messieurs Moncreiff, Forrest, and

Bowdler, three gentlemen of the law, sent me their opinion, that His

Excellency should not interfere with a Court, acting, as they were

pleased to call it, under His Majesty’s authority, although in

violation of the law. I addressed the President also, who said, that

the Courts of Malta could not interpose. Indeed, had it been

otherwise, little good could have been expected from an appeal to

these Courts, which are still governed by the iniquitious and

oppressive code of Rhoan, to the disgrace of all the ministers who

have ruled since the surrender of the island to England. Sir, The

Maltese stipulated then that a constitution securing property and

rights should be granted, and trial by jury; but these have been

denied, and examinations are still taken, and sentence pronounced,

with shut doors, by their judges, whose appointments are during

pleasure. I do not impute blame to His Excellency the Governor, for

whom I have a high respect, yet I must say that the system of blending

the military and civil authority cannot fail to become oppressive.

Ministers have no better excuse for this union of power contrary to

the express stipulations of the inhabitants of the island, than a

despicable petition signed by the dependents on Government, and

shamelessly transmitted and received as the voice of the people! Being

furnished with an affidavit that the judge did not intend to proceed

in the matter on the next Court day, I resolved, as the door was

locked and guarded, to get out by the window, which I according

effected; and the following proclamation was issued for my

apprehension, in which I am designated by as many names as if I had

been a notorious thief:—

ce “‘ESCAPE OF LORD COCHRANE.

The autobiography of a seaman (volume 2 of 2) · 第 48 / 106 题