The subjoined are Lord Campbell’s remarks when introducing the subject:—

“He did his best to convict Leigh Hunt, then the editor of the

_Examiner_, upon an _ex officio_ information for publishing an article

against the excess to which the punishment of flagellation had been

carried in the army.

“‘Gentlemen;’ said he to the jury, ‘we are placed in a most anxious

and awful situation. The liberty of the country—everything we

enjoy—not only the independence of the nation, but whatever each

individual amongst us prizes in private life, depends upon our

fortunate resistance to the arms of Buonaparte and the force of

France, which I may say is the force of all Europe, combined under

that formidable foe. It becomes us, therefore, to see that there is

not, in addition to the prostrate thrones of Europe, an auxiliary

within this country, and that he has not the aid for the furtherance

of his object _of a British press_.’”

* * * * * * * *

“‘This publication is not to draw the attention of the legislature or

of persons in authority _with a view to a remedy_, but seems intended

to induce the military to consider themselves as more degraded than

any other soldiers in the world, and to make them less ready at this

awful crisis to render the country that assistance without which we

are collectively and individually undone. _I have no doubt but that

this libel has been published with the intention imputed to it, and

that it is entitled to the character given to it in the information._’

“Nevertheless, to the unspeakable mortification of the noble judge,

the jury found a verdict of _Not Guilty_.” (Lord Campbell’s _Lives of

the Chief Justices_, vol. iii. pp. 201-203.)

The following are Lord Campbell’s remarks on the verdict in the seven

days’ trial of Dr. Watson on a charge of high treason. After charging

the jury,

“He asked them whether they would take some refreshment before they

left the bar, when the foreman, in a tone which made the _Chief

Justice’s countenance visibly collapse_, said, ‘My Lord, we shall not

be long.’ Accordingly, after going through the form of withdrawing and

consulting together, they returned and pronounced their verdict, to

which they had long made up their minds—_Not Guilty_.”—(Vol. iii. p.

222.)

The case of Hone, in 1817, is another in point. I know nothing of Hone’s

works, nor of the libels of which he was accused, but Lord Campbell

says, that “he defended himself with extraordinary skill and tact, and

at the end of the first day’s trial was _acquitted_.”

“This being related to the enfeebled Chief Justice, his energy was

revived, and _he swore that, at whatever cost, he would preside in

Court himself, so that conviction might be certain_!” (He did so, and

thus charged the jury:) “‘I will deliver to you my solemn opinion, _as

I am required by Act of Parliament to do_; under the authority of that

Act, and still more, in obedience to my conscience and my God, I

pronounce it to be a MOST IMPIOUS AND PROFANE LIBEL.[99] Hoping and

believing that you are Christians, I doubt not but that your opinion

is the same.’”

-----

Footnote 99:

The italics and capitals are Lord Campbell’s.

-----

The jury almost immediately pronounced a verdict of “NOT GUILTY.”

“Still,” says Lord Campbell, “the Chief Justice was undismayed, and

declared that he would next day proceed with the indictment. This was a

most indiscreet resolution. The whole of Hone’s third trial was a

triumph, the jury plainly intimating their determination to find a

verdict in his favour.... After a similar summing up as on the preceding

day, there was _the like verdict_.... The popular opinion was, that Lord

Ellenborough was killed by Hone’s trial, and he certainly never held up

his head in public after.” (_Lord Campbell_, vol. iii. p. 225.)

These facts prove, that _subsequently to my trial_, whenever Lord

Ellenborough, in a popular case, charged the jury to bring in the

defendant “GUILTY,” the jury made a point of finding “NOT GUILTY.” It

was unfortunate for me that such a course was not previously adopted,

but, perhaps, it may be said, that my case brought about this result.

One most material point connected with the trial cannot be overlooked;

one, in fact, which not only concerned the liberties of obnoxious

persons like myself, but also the liberties of every man in the country.

At the period of my trial, Lord Ellenborough was not only Chief Justice

of the King’s Bench, BUT AT THE SAME TIME A CABINET MINISTER!!! This

terrible combination of incompatible offices was for the first time

under constitutional government effected in the person of Lord

Ellenborough, and, to the credit of subsequent administrations, for the

last time also. No other Chief Justice ever came hot-foot from a Cabinet

Council to decide the fate of an accused person, politically obnoxious

to the Cabinet; the trial going on from day to day, so as to become open

no less to Cabinet than to forensic discussion.

The thing was monstrous, and could only have been acted on in this

instance for the purpose of suppressing, by the expedient just shown,

the rising spirit of public liberty, which the Government was ever on

the watch to keep down. The _Quarterly Review_, when commenting on the

“Life and Correspondence” of Sir Samuel Romilly, thus treats the matter

(No. 132, 1840, page 612):—

“The Whigs, by way of including _all the talents_, had given the Chief

Justice of the King’s Bench (Lord Ellenborough) _a seat in the

Cabinet_, and upon this before unheard-of combination of the judicial

and ministerial characters, this _monstrous attempt to tinge the

ermine of justice with the colour of party_!!”

The chance I had may be readily estimated _with a Cabinet minister for

my judge_, and the Cabinet of which he was a member composed of

ministers to whom I had become deeply obnoxious by determined opposition

to their measures; having, in fact, given them more trouble than any

other of my party, because my knowledge of naval abuses and profligate

expenditure enabled me to expose both. It might, with one of my most

bitter opponents for a judge, have been a still greater marvel had I

been acquitted, than that I was convicted without and in opposition to

evidence. Had Lord Ellenborough possessed a true sense of delicacy, he

would never have presided at that trial. Still less would he have

refused me a new trial when more perfectly prepared; a proceeding no

doubt adopted as the best means of silencing further discussion, which

had begun to harass him personally, and to cause uneasiness to the

ministry. The shortest course, if not the justest, was to screen himself

and them by _immediately_ crushing his adversary. But the injury went

farther than my conviction in the Court of King’s Bench. After my

subsequent expulsion from the House, which, as Lord Brougham rightly

says, “_secured my re-election for Westminster_,” on its adverse note

_hung the fate of the ministry_. Had that vote been in my favour, the

Chief Justice could not have held his seat in the Cabinet, and his

evacuation could scarcely have been otherwise than followed by that of

the whole ministry. Of this, however, there was little danger, the great

bond of adhesion to the Ministry, as has been fully shown in the course

of this work, being the pensions and sinecures so freely distributed

amongst an unreformed House of Commons.

The question, however, became thus one of ministerial existence. Had the

House, as it ought to have done, irrespective of me or my case,

repudiated the anomaly of a Chief Justice holding a seat in the Cabinet,

the retirement of Lord Ellenborough must have been indispensable and

_immediate_. He could not have maintained his political office for an

hour. In place of an individual member being heard in his own defence,

the question really was the right of a Chief Justice to hold a seat in

the Cabinet, or in legal phrase, the issue was, Lord Cochrane _versus_

Lord Ellenborough, the Admiralty, and the Cabinet. In the unreformed

House of Commons Lord Cochrane, as a matter of course, went to the wall,

no one expecting otherwise.

Of the guilt or innocence of the other parties convicted I know nothing,

but this I will say, that, if guilty, there was nothing in their guilt

half so bad as the deliberate malice which on two occasions had

conspired to ruin me. My appointment as flag captain to my uncle was

gall and wormwood to those who, for opposing a vote of thanks to Lord

Gambier, had condemned me to five years’ deprivation of employment, at a

time when my services would have been honourable to myself and

beneficial to my country. I had gained employment in a way beyond their

control, and my unjust conviction of having participated in a trumpery

hoax, which common sense might have convinced them was beneath my

notice, was converted into the means of preventing the future exercise

of my abilities as a naval officer.

I have to apologise to Lord Campbell for the freedom with which I have

used his great work, but though an unjustly maligned man, my reputation

is as dear to me as though no spot had ever rested upon it, and I have

adduced these extracts to show that Lord Ellenborough, in his zeal for

justice, might have possibly mistaken my case. His biographers ascribe

to him pure motives, and I am bound not to set my opinions against those

of his biographers, nor have I done so. But for forty-six years I have

been vainly endeavouring to _get my case reheard_, and much allowance

should be accorded me. I would not ask for mercy, if guilty, but for

increased severity of punishment, as I should most richly deserve. To

demand a hearing of my case was my first public act after my trial. It

shall be my last. That public act was a letter to Lord Ebrington,

deprecating his Lordship’s interference for a mitigation of my

outrageous sentence. The following is a copy of this letter:—

“King’s Bench, July 13th, 1814.

“MY LORD,—Although I claim no right to interfere with the

Parliamentary conduct of any member, or to interfere with the motions

which he may judge proper to originate, yet I owe a duty to myself

which demands that I should apprise your Lordship that the motion of

which you have given notice respecting me, has a tendency to bring

down upon me a greater indignity than any which has been offered to me

by my enemies. I had flattered myself, from a recent note of your

Lordship, that, in your mind, I stood wholly acquitted; and I did not

expect to be treated by your Lordship as an object of mercy, on the

grounds of past services, or severity of sentence. I cannot allow

myself to be indebted to that tenderness of disposition, which has led

your Lordship to form an erroneous estimate of the amount of

punishment due to the crimes of which I have been accused; nor can I

for a moment consent, that any past services of mine should be

prostituted to the purpose of protecting me from any part of the

vengeance of the laws against which I, if at all, have grossly

offended. _If I am guilty, I richly merit the whole of the sentence

which has been passed upon me. If innocent, one penalty cannot be

inflicted with more justice than another._ If your Lordship shall

judge proper to persist in the motion of which you have given notice,

I hope you will do me the justice to read this letter to the House.

“I have, &c.

“COCHRANE.

“The Lord Ebrington.”

Independently, however, of these or any other considerations, I might

point to my previous general services as a naval officer, for which I

had not received public reward of any kind;—to my refusal of a squadron

of frigates, and Lord Mulgrave’s own regiment, if I would consent to a

vote of thanks to Lord Gambier conjointly with myself,—an offer which,

had it been accepted, would have been tantamount to the acquisition of

half a million of prize-money;—to my unceasing opposition in Parliament

to the abuses of the Admiralty Courts and naval administration in

general, in direct opposition to my own pecuniary interests;—to my

rejection of the openly-expressed proposal of the Secretary to the

Admiralty to quit the Radical party, and come over to that of the

Government;—to my anticipated employment on the coasts of the United

States, and the great pecuniary proceeds which there was every reason to

expect as the result of putting my previous experience in practice. I

would then put it to the common sense of the reader, whether the

acquisition of a few paltry hundred pounds—by means of the imputed

frauds on the Stock Exchange, was a likely motive to actuate me in

joining a conspiracy with persons, some of whom I never knew nor heard

of, which, if detected, must have destroyed my future prospects, when on

the eve of an expedition calculated in all human probability to have

raised me above all political enmity? The reply is self-evident.

I would again ask, whether, with a guilty knowledge of the act in which

De Berenger had been engaged, I should have perpetrated the consummate

folly of voluntarily disclosing all that took place on unexpectedly

finding him at my house; this voluntary information on my part affording

the only clue to the case, which could otherwise never have been

developed.

If guilty, such disclosure on my part would have been an act of absolute

insanity. Had I been aware that his asking me for the means of

concealing his uniform,—first, on his representation that, not being a

drill day, he could not appear in it before his colonel, Lord Yarmouth;

and secondly, that he could not return in it to the rules of the King’s

Bench without exciting suspicion that he had been violating the

rules,—is it likely that I should have voluntarily become my own

accuser, when there existed no necessity for me to say a single word, on

the subject. Should I not rather, if guilty, have given him the order to

go on board the _Tonnant_, and thus place both him and myself beyond the

reach of danger?

In place, however, of further vindication of my character as having had

any participation in this wretched hoax, I will, in addition to the

legal opinions already adduced, bring forward others since pronounced by

men in whom the public repose the most implicit confidence.

And first the voluntary statement of a gallant General, who had been

equally ill used with myself, and by the same political adversaries and

clique who persecuted me. I mean Sir Robert Wilson, who happily survived

his persecution, was reinstated in his military rank and honours, and

died honoured and lamented.

“Regent Street, 14th March, 1823.

“MY DEAR LORD,—It has been mentioned to me that a memorandum I once

held with the late Mr. Whitbread on the subject of your persecution,

and which I have frequently repeated, might be a document of some

utility; my compliance with the expressed wish is not an act of

friendship, but of duty and justice to all parties.

“I therefore do affirm, upon my honour, to the accurate truth of the

following statement, being ready, if required, to give it any legal

character of which it may be susceptible:—

“Being at Southall Park in the year 1814, I took an opportunity of

asking Mr. Whitbread for his opinion on the subject of Lord Cochrane’s

trial and sentence, stating to him that as I had been out of England

at the time, I was very imperfectly acquainted with the proceedings;

but feeling much interested about the character of an officer so

eminently distinguished, I was desirous to pin my faith upon his (Mr.

Whitbread’s) judgment; but if, from any political or personal

consideration, he could only give me a partial or half compliance, I

begged him to be silent altogether, as my object was to know the whole

truth, and to be put in possession, for my future guidance, of his

most secret feelings on the transaction.

“Mr. Whitbread replied, that he had no hesitation to acquiesce with my

wish; that there never was a case to which he had given more

attention, or which had caused him more sleepless nights, as he had

been resolved to probe the matter to the bottom, if possible, and come

to a just conclusion. That he had formed his conclusion; and, if they

were the last words he had to utter before appearance in the presence

of the Creator, he should say that _he was convinced that Lord

Cochrane was totally and entirely innocent of the whole or any part of

the offence laid to his charge,—that he felt certain that Lord

Cochrane was in no way privy to the proceedings so far as they related

to any imposition_.

“Mr. Whitbread added, ‘My family know this to be my conscientious

opinion, and _I am persuaded that time will prove it to be the correct

one_[100];’ but, in any case, you have it from a man who has

endeavoured to form it honestly, and also, for that purpose, divested

his mind, as much as possible, of every bias.

“I remain, my dear Lord,

“With much regard, yours,

“R. WILSON.”

-----

Footnote 100:

Not if the “_revised_” report of the trial is consulted; for the

studied appearance of fairness which is there put on might mislead the

reader. But if the _verbatim_ reports of the trial are consulted, as

they appear in the _Times_ and other daily papers, I have no fear of

any amount of criticism, or that anything but my entire innocence will

be made manifest. The _animus_ against me is there so clear, that the

reader would hardly be induced to inquire further.

-----

The following warm-hearted letter was written me by the late Duke of

Hamilton on my appointment to the command of the West India fleet:—

“Hamilton Palace, Jan. 6, 1848.

“MY DEAR LORD,—Your letter of yesterday has awakened the liveliest

sensibilities of my heart. If I ask myself whether they proceed from

the love of justice, or the love of a friend, my reply is, from both.

“The communication you have just made to me is most gratifying; and

the First Lord of the Admiralty has done himself immortal honour in

appointing that naval officer Commander in one hemisphere who had

previously illustrated his name by his most brilliant exploits in the

other. Everything, I think, has now been done to undo the foul

aspersions with which you have been assailed, and I am sure everything

will be now done that will most serve to establish the ability of the

officer and the delicacy of the gentleman.

“I congratulate you most sincerely upon your appointment, and hope you

will meet with difficulties when you arrive at your destination. Don’t

be surprised at my wish. It proceeds from knowing the ample resources

of my friend to overcome them, and his constant desire to sacrifice

everything to duty and honour.

“My good wishes will follow you across the ocean, and reside with you

in your future destinies. Let me have the satisfaction of hearing from

you, and with every sentiment of affectionate regard, believe me to

be, my dear lord, your truly attached friend and cousin,

“C.H. AND B.”

Without multiplying communications of a similar kind, I will merely

adduce a portion of a letter written to me by a gentleman, in whose

opinions and sterling honesty the public has been accustomed to repose

the highest confidence, viz. the late Joseph Hume. The occasion of the

letter was my having consulted him in an attempt to obtain a

re-investigation of my case so late as 1852:—

“Bryanstone Square, May 10, 1852.

* * * * * * * *

“I knew at the time the alleged offence was committed, Mr. Cochrane

Johnstone, and my conviction at the time was, and still is, that you

were the dupe of his cupidity, and suffered from his act. With David

Ricardo, who was the prosecutor on the part of the Stock Exchange on

that occasion, I have often conversed on the subject[101].

“I considered that you were incapable of taking the means resorted to,

and for which you suffered, and was pleased to learn that you had been

restored to your rank. I considered _that act_ a proof that the

Government which had restored you to the rank and honour of your

profession, and had afterwards appointed you to the command in the

West Indies, must have come to the same conclusion; and until the

perusal of your draft petition, I concluded that _you had had all your

arrears paid to you as a tardy, though inadequate, return_ to your

Lordship, whose early exploits did honour to yourself, and gave

additional lustre to the naval service of your country.

“Sir Robert Wilson, acting with me as a friend of the late Queen

Caroline, in our desire to see justice done to her, was, by _a secret

and most unjust decision of the Government of the day, under Lord

Liverpool and Lord Castlereagh_, dismissed from the military service,

of which he had been a distinguished ornament, and had all his honours

taken away. The honour he had received from the Court of Vienna, for

the preservation of the life of a member of that family (in a river in

Flanders) under Colonel, afterwards Lord, Lake, was also taken from

him!!

“The offence of Sir Robert Wilson was his supposed interference in

obstructing the funeral _cortége_ of the late Queen Caroline in its

progress towards the City. The progress was ordered by the Government

to have been by the New Road to Essex. The people obliged Sir Robert

Baker, then at the head of the police and in charge of the escort, to

proceed through the City of London, contrary to the express order of

the King (George the Fourth), and under that suspicion Sir Robert

Wilson was dismissed and unjustly treated.

“I knew that Sir Robert Wilson had arrived from France in company with

Mr. Edward Ellice, and did not reach the house of Mr. Alderman (the

name is illegible) where I was until eight or nine o’clock of the

evening before the funeral. His offence was his accompanying the

funeral along with Sir John Hobhouse, myself, and others; and when the

troops fired on the people at Hyde Park, Sir Robert Wilson endeavoured

to prevent bloodshed. I was present, and heard and saw everything that

passed. For that supposed offence he was cashiered, and remained for

years, as your lordship did, under the disgrace.

“His Majesty, King William, was satisfied of the innocence of Sir

Robert Wilson of the offence charged against him, and he was restored

to the service, and I understood was paid all the arrears of pay and

allowance during his suspension, and afterwards appointed to the

command at Gibraltar. I was pleased at the result, and it would give

me equal pleasure to learn that your application to her Majesty should

be attended with an act of justice to you equally merited.

“I think other instances of restoration to rank, accompanied with

payment of arrears of pay and restoration to all military honours,

will be found if you should adopt the same course to seek justice.

“I remain, &c.

“JOSEPH HUME.

“The Right Hon. the Earl of Dundonald.”

-----

Footnote 101:

Mr. Hume’s statement that David Ricardo was the prosecutor on the part

of the Stock Exchange throws additional light on the selection of Mr.

Lavie, as the _acting prosecutor_ on the trial. As Mr. Ricardo was

selected to manage the prosecution, the transference of his duties to

_a known Admiralty solicitor_, who had once before been successfully

employed against me, requires no comment.

-----

This letter narrates the arbitrary and unjust dismissal of an eminent

officer without trial, without accusation, and without having in any way

rendered himself politically obnoxious, otherwise than to stop the

indiscriminate slaughter of an unarmed people. The act of his dismissal

was one of pure despotism, committed by a ministerial faction, of which

history affords scarcely a redeeming feature. It is not surprising that

I, of all others in the House of Commons the most politically obnoxious

to the same faction, should have been for years selected as the mark for

their unscrupulous hatred. Still less is it probable that men who

regarded and defended place, pensions, and sinecures as a right, would

stick at the practices which have been laid bare in this work, when a

political adversary who exposed their greediness for national plunder

could be crushed. To say more of them, than that they were the men who

crushed Sir Robert Wilson, would be superfluous.

I will add yet one more illustration. At my re-election for

Westminster—the consequence, as Lord Brougham has well said, of the

outrageous treatment to which I had been subjected—an incident occurred

with which my wrongs became indirectly mixed up. Whilst the electors of

Westminster were securing the triumphant return of one who was in

durance, under an infamous sentence, the daughter of the Prince Regent

was flying from Court tyranny.

On the day preceding my re-election, the greatly beloved Princess

Charlotte, then under age, escaped from her father’s protection, and,

having called a hackney coach from the stand at Charing Cross, fled to

her mother’s residence in Connaught Place. The public mind was at the

time in a state of great excitement on account of the vindictive

sentence passed upon me, and the electors of Westminster having

determined to sustain me, every precaution was taken by their leaders to

keep alive the public sentiment.

In the midst of this excitement the flight of the princess became known,

together with the fact that she had been treated by her father with an

amount of unbecoming violence and coercion, and through some of his

acquiescent ministers outraged by an injudicious pressure, the object of

which was to force upon her a marriage to which she had not only a

personal objection, but towards which she had publicly expressed a

decided and insuperable aversion.

Notwithstanding this, the Regent, regardless of his daughter’s feelings,

insisted on proceeding without loss of time with the preparations for

her marriage; and it was on repeating his fixed determination as

regarded her fate, that she took the step of placing herself under her

mother’s protection, the terror inspired by the interview with her

father being such that, without bonnet or shawl, she ran down the back

staircase of Warwick House, and escaped by the servants’ _entrée_.

Not many hours elapsed before the fact of her flight and its cause

became publicly known. This act of political tyranny towards a princess,

who, though so young, had, by her powers of mind and engaging manners

from her childhood, secured the universal affection of the people,

created an amount of sympathy which, coupled with the excitement and

irritation at my outrageous treatment, almost amounted to public frenzy.

The Government became alarmed. Crowds beset the house of her late

Majesty Queen Caroline, where their favourite was safely sheltered. The

carriages of the Royal family and of the ministers, including those of

the Lord Chancellor, Lord Ellenborough, and the Law Officers of the

Crown, were all in attendance, their occupants having been sent to use

their influence with Her Royal Highness to induce her to return, but in

vain. She even refused to see any of the royal family except the Duke of

Sussex, for whom she had sent, as well as for Mr. Brougham, the latter

to advise her in the difficult position in which she had been compelled

to place herself. The advice was to return; but she declared in strong

terms that she could not overcome her repugnance to the violent

treatment she had received, or to the attempt to force her into a

marriage which she held in aversion.

The day following this scene was the day of my re-election for

Westminster. The same overtures were repeated to the princess, but

without making the slightest impression on her wounded feelings. At

length the Duke of Sussex took his niece to the window of the

drawing-room, and drew her attention to the angry multitude assembled

before the house, explaining to her that such was the public sympathy in

her favour, and such the interest the people took in her happiness, that

they would form a shield for her protection against which her oppressors

would scarcely venture to array themselves.

Still the princess remained inexorable, till the danger of continued

public excitement was pointed out to her. She was told by the Duke of

Sussex, that the irritation was twofold, for _that very day was

appointed for the re-election of Lord Cochrane for Westminster, after

the unjust sentence which had been passed upon him, and which also

formed another great cause of public excitement, whilst the two causes

combined_ might lead to a popular outbreak, which it was to be feared

would end in bloodshed, and perhaps in the destruction of Carlton House

itself. It was further urged, that in case of mischief, no small portion

might be laid by ministers to the account of Her Royal Highness.

These considerations sensibly affected the princess, who was moved to

tears, and exclaimed: “POOR LORD COCHRANE! I HEARD THAT HE HAD BEEN VERY

ILL USED BY THEM (meaning her father’s ministers); SHOULD IT EVER BE IN

MY POWER, I WILL UNDO THE WRONG.”

With a magnanimity which her persecutors could neither feel nor

comprehend, the princess then declared her perfect readiness to render

herself a self-sacrifice, in order to prevent the dreadful result which

she felt might be possible; and shortly afterwards returned to Warwick

House, accompanied by her uncle the Duke of York. Her courage and

firmness relieved her from further importunity from her father and his

ministers on the subject of the hateful marriage, which was broken off,

and this noble-minded woman afterwards contracted with the present King

of the Belgians a marriage of affection, approved by the whole country.

Such instances of tyrannical oppression as these will be read with

amazement by the present generation, though there are those yet living

who can corroborate their recital. When even a princess of the blood

royal, the idol of the whole nation, was not exempt from persecution,

what hope had I of escaping ministerial vengeance, backed by a House of

Commons, the majority of which consisted of sinecurists and placemen,

whose fortunes _in esse_ and _in posse_ depended on them subservience to

the place-givers?

It is true, I had with me the sympathy of the public, and this alone

sustained me under such an accumulation of injury. Men do not become

popular for nothing; but I have no hesitation in saying, to the honour

of my constituents, that the injustice done to me by an adverse ministry

gave me far greater popularity than anything I had accomplished in my

professional capacity. For five years my adversaries had taken care that

no fresh achievements in war should be added to my professional

reputation; and it was only when, by my uncle’s favour, I had once more

an opportunity of distinguishing myself in spite of the Admiralty, that

the concentrated malice of the faction I had offended by my pertinacious

opposition in parliament burst on my head in the shape of a prosecution,

in which my judge was a member of the very cabinet to which I was

politically and personally obnoxious.

In a general point of view, there can be no two opinions on the

impropriety of a Cabinet Minister occupying the bench of the highest law

court of the realm. In all State prosecutions—and mine _was_ one—it

would fall to his lot to decide in the Cabinet as to their commencement,

though in my case this was apparently avoided, by the law officers of

the Crown keeping aloof from the proceedings; care, however, being taken

to employ as my prosecutor an attorney of tried shrewdness, having a

personal dislike to myself. A judge thus politically connected had to

leave the Cabinet in order to carry out its decisions, himself presiding

at all trials which might result, adjudging and sentencing the unlucky

offenders; of which mode of prosecution the instances of Leigh Hunt, Dr.

Watson, and Mr. Hone are cases in point, the parties accused being only

saved by the indignant firmness of the juries. Happily, no such

combination of political and judicial offices has occurred since Lord

Ellenborough’s time, nor can it occur, unless some retrograde spirit of

despotism shall again—to use the significant language before quoted from

the _Quarterly Review_—“_tinge the ermine of justice with the colour of

party_.”

A few words in addition are necessary. In Mr. Hume’s letter before

quoted was an enclosure which he had, in his anxiety to procure full

justice for my sufferings, with great difficulty obtained. It is an

enumeration of the tardy steps taken to reinstate Sir Robert Wilson in

the rank, honours, and emoluments of which for eleven years he had been

unjustly deprived by the mere caprice of a political faction.

“_30th October, 1830._—Restoration of his rank submitted to the King.

“_22nd August, 1832._—Sir Robert Wilson claimed the pay of a General

Officer from 27th May, 1825, the time when his commission states his

rank is to be considered as hearing date.

“_8th October, 1832._—Letter of Secretary at War to the Hon. J.

Stewart, recommending Sir Robert Wilson’s claim of pay to the Treasury

_as a special case, considering the act of Royal favour to extend to

pay as well as rank_. The letter also refers to Sir Robert Wilson’s

signal services _hitherto unrewarded_, and adverts to the fact, that

even should the request be granted he will have suffered a

considerable pecuniary penalty in the loss of pay from 1821 to 1825,

although no military tribunal has tried his conduct.

“_16th November, 1832._—Letter of Mr. Stewart, announcing _the

concurrence of the Treasury_, but desiring the opinion of the

Commander-in-Chief to be taken.

“_19th November, 1832._—Letter from Secretary at War to Lord Hill,

acquainting him that he had, in consequence of a communication from

Sir R. Wilson, recommended to the Treasury that _the arrear of back

pay from the date of his restored rank of Lieut.-General should be

allowed_[102], and that the Treasury was inclined to acquiesce in this

recommendation, but requested his Lordship’s concurrence in the first

instance.

“_22nd November, 1832._—Lord Hill’s concurrence.

“_21st December, 1832._—Treasury sanctions the amount of Sir Robert

Wilson’s unattached pay as a general officer from the date of his

commission being included in the estimates of 1833.”

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Footnote 102:

The italics in this document are Mr. Hume’s.

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It has been said that Sir Robert Wilson’s dismissal from the service

differed from mine, inasmuch as his was a consequence of ministerial

displeasure, whilst mine arose from the verdict of a court of law. How

that verdict was procured, I trust has been satisfactorily shown, and if

so, both Sir Robert Wilson and myself were sufferers from ministerial

displeasure. On the word of a man about (at no distant date) to give an

account to his Maker, I was no more guilty of the act attributed to me,

than Sir Robert Wilson was of the disloyalty attributed to him.

Sir Robert Wilson claimed his back pay as a right consequent on his

unjust deprivation, and obtained it. I have unceasingly done the same,

not from the pecuniary value of the amount due, but from the

consideration that its being withheld still operates as a stigma on my

character and family, which is inconsistent with any restoration to the

service. My efforts have been hitherto without success.

Sir Robert Wilson’s application was recommended to the Treasury as a

“_special case_.” My applications have not been so regarded.

Sir Robert Wilson’s application was further recommended on account of

“_services hitherto unrewarded_.” I will here repeat what has been

stated in a previous chapter, in reply to writers who have assumed that

I had been handsomely rewarded—that on no occasion did I ever receive

the reward of a single shilling for any services which it was my good

fortune to render to my country, beyond the ordinary pay of my rank, and

the good service pension of 300_l._ a-year, conferred upon me by Sir

James Graham, in 1844. Yet Lord Collingwood testified that with a single

frigate I had done the work of an army, by keeping a French army from

overrunning the Mediterranean coast of Spain. Neither for this nor the

destruction of the enemy’s ships in Aix Roads, did I ever receive reward

or thanks.

The reader, who is now well acquainted with my services, can pursue the

subject for himself. With the exception of the Red Ribbon of the Bath,

which as the gift of my sovereign I highly prize, my reward has been a

life of unmerited suffering. Even the stipulations of the South American

Governments, to whom I gave freedom, are violated to this day, from a

conviction that no sympathy will be accorded by the Government of my own

country.

These are the requitals for my “_hitherto unrewarded services_.”

Amongst the curiosities shown to visitors of the Bank of England, there

was, and no doubt is still, a thousand pound bank-note, No. 8202, dated

26th June, 1815, on the back of which are endorsed the following words:—

“MY HEALTH HAVING SUFFERED BY LONG AND CLOSE CONFINEMENT, AND MY

OPPRESSORS BEING RESOLVED TO DEPRIVE ME OF PROPERTY OR LIFE, I SUBMIT

TO ROBBERY TO PROTECT MYSELF FROM MURDER, IN THE HOPE THAT I SHALL

LIVE TO BRING THE DELINQUENTS TO JUSTICE.

(Signed) “COCHRANE.

“King’s Bench Prison, July 3rd, 1815.”

There is the reward bestowed on me by a ministerial faction, memorable

only for its political corruption. With that protest I close the book.

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