Sir Robert cross examined Admiral Martin:—

_Q._ Could I have pursued the enemy on the morning of the 24th, without

separating the rest of the squadron from the _Windsor Castle_ and

prizes, and from the frigates which had them in tow?

_A._ Certainly not, without separating from the prizes; and not under a

press of sail, without separating from the _Windsor Castle_.

_Q._ Did I not always place myself between the enemy and the _Windsor

Castle_ and crippled ships, while in tow?

_A._ It appeared to me to be the intention of Sir Robert Calder to keep

company with them, from the time of the action, till they separated by

signal.

_Q._ You understood that for their protection?

_A._ Certainly.

_Q._ Was not the British squadron always placed by me between the enemy

and the port of Ferrol, as long as the enemy remained in sight?

_A._ We certainly were between them; but whether the position was taken

for that purpose or not, I cannot say.

Captain Philip Charles Durham, of the _Defiance_; Captain Henry Inman,

of the _Triumph_, who were also both in the action, were the other two

principal witnesses; their testimony did not add much to the weight of

the prosecution. After their evidence was given, the court adjourned to

Thursday, the 26th of December, 1805, when Sir Robert Calder delivered

in his defence, and requested that it might be read by a friend (Mr.

Gaselee),[22] and the court intimating their consent, the same was read.

It opened thus:—

“MR. PRESIDENT, AND GENTLEMEN OF THE COURT,—I appear before you in a

singular, I may almost say an unprecedented, situation. Having served my

king and country, not only without reproach, but, I may add, with some

degree of reputation, for upwards of forty-six years, during which I

have been more than once honoured with marks of approbation from my

sovereign; having for the last ten months been employed on a most severe

and critical service, without once being in port; and having in the

course of it, with a very inferior fleet, forced a superior one of the

enemy, who had the advantage of wind and situation, into action, and

obtained a decisive victory over them, I felt myself impelled to solicit

the present inquiry, for the purpose of vindicating my honour and my

character from a variety of injurious and unfounded aspersions which

have been cast upon me, in consequence of the not having renewed the

engagement during the two days that the enemy afterwards remained in

sight. The consciousness of my having done my duty, would, however, have

induced me to treat these aspersions with contempt, had they not become

so general that I was apprehensive that silence on my part would be

construed into an acknowledgment of their truth, and an admission of my

own misconduct; I found myself, therefore, under the necessity of

applying to the Lords of the Admiralty, to order an inquiry into my

conduct, that I might be enabled to state publicly the reasons which

actuated it throughout, and to refute the illiberal and unfounded

assertions which had been made against me. To this they have been

pleased to assent; and although, in a subsequent letter of the 10th of

November to that which accompanies the order for your assembling, I

requested that the court might be empowered ‘to inquire into the whole

of my conduct, even prior to my falling in with the enemy, while in

their presence, and subsequent thereto,’ they have thought it right to

confine it to _the 23rd of July, and my subsequent conduct and

proceedings_, until I finally lost sight of the enemy’s ships, and to

direct me to be tried for not having done my utmost to renew the

engagement, and to take and destroy every ship of the enemy, which the

charge asserts it was my duty to engage. I consider this, therefore, as

a declaration by their lordships, that this is the only part of my

conduct upon which any particle of doubt can by possibility attach, or

of which any explanation can be requisite. At the same time, however, I

cannot but lament that the inquiry is so limited; as it prevents my

giving evidence of the circumstances of the action, which I have no

doubt I should have proved to have been such as to add to the reputation

of the British navy.

“As to defending myself against this charge, I trust I shall be able to

satisfy the court and the public, that the not renewing the engagement,

if it was practicable to have done it, was not only justifiable, but the

most proper and prudent course, under all the circumstances, to be

adopted; and that the attempting to force a renewal of the action, might

not only have endangered the safety of my own fleet, but eventually that

of the country itself; I shall request the indulgence of the court, to

be permitted to enter fully into all the circumstances, and to lay

before them the particular situation in which I was placed, the orders I

had from time to time received, and the reasons which induced me not to

attempt a renewal of the action; confident that when I have done so, all

the prejudices that have been hitherto entertained, will be dissipated,

and that by your judgment I shall be restored to the good opinion of my

country,—that country for which I have bled, and for which I have

conquered.

“Before, however, I enter into the particular statement, permit me to

make an observation or two on the specific charge, which is the

principal object of your inquiry. It does not range itself precisely

within any of the Articles of War, though it in part adopts the language

of one of them. It assumes as a principle, that it was my duty to renew

the engagement, and to endeavour to take or destroy every ship of the

enemy.

“I am ready to admit, that it is so much the duty of an officer to

engage the enemy wherever he meets with them, that it is incumbent upon

him to explain satisfactorily why he does not; but, in making that

explanation, it is not necessary for him to prove the physical

impossibility of doing so. It may be possible, and yet there may be very

many reasons why he should not. Indeed, the absurdity of a contrary

position is such, that it would be an idle waste of time to trouble the

court with many observations upon it.

“They will, however, permit me to observe, that mine is not the only

instance in which a British fleet has laid in sight of that of the enemy

without renewing the engagement.

“In proof of this assertion, if it be necessary, I need only recal to

your memory, out of many others, the example of two very great and

gallant officers, who after obtaining most brilliant victories over the

enemy, did not think themselves justified in bringing them a second time

to action, although they were in sight of them fully as long as I was.

The two meritorious officers to whom I allude are, Earl Howe, in the

action of the 1st of June, 1794, and Earl St. Vincent, in that of the

27th of February, 1797. Of the latter, I am competent to speak from my

own knowledge, having had the honour to serve under his lordship as

captain of the fleet in that engagement.

“Of the propriety of the conduct of these noble lords, in both

instances, no doubt has at any moment been entertained by any body. They

certainly exercised a sound discretion upon that occasion; but it may

not be improper for me to remark, that, although the advantages they had

acquired were certainly superior to mine; that mine was a situation in

which it was in every respect more necessary to exercise that

discretion, which, in every case, must be vested in the commander of a

squadron, to judge of the propriety or impropriety of offering battle to

a superior fleet. In the instances above-mentioned there was no other

force to contend with, no other quarter from which an attack was to be

apprehended, than the fleets which had been already engaged. In mine, it

behoved me to be particularly on my guard against the Ferrol and

Rochefort squadrons, consisting of twenty-one sail of the line, both

which, I had reason to believe, were out, and _one of which appears to

have been actually at sea_, and to which the squadron opposed to me

might easily have given notice of their situation, as will be hereafter

more fully stated.

“With these observations I shall dismiss this part of the case for the

present, and proceed to lay before the court a statement of the facts,

to which I am to request their serious attention.”

The Vice-Admiral then went into a complete detail of his conduct prior

to, at, and after the action. He thus referred to the actual battle:—

“On the 22nd of July, about noon, the combined squadrons came in sight.

Their force, consisting of _twenty sail of the line, seven frigates, and

two brigs_, a much greater force than, as I before stated, Admiral

Cornwallis supposed them to consist of. And it appears, from Lord

Gardner’s letter to me of the 6th of July, that when seen off the

Diamond Rock, at Martinique, on the 16th of May, they consisted of

sixteen sail of the line, and six frigates.

“My force consisted of _fifteen sail of the line, two frigates, the

Frisk cutter, and Nile lugger_.

“Notwithstanding this superiority, and notwithstanding they had the

advantage of the wind, I forced them to action. The general result of it

you are already acquainted with. As it is not particularly the object of

your inquiry, it is unnecessary to take up your time with observations

upon it.

“Amidst the numerous prejudices that have assailed me, I have never yet

heard the slightest insinuation to my disadvantage, either as to the

mode of the fleet being carried into, or conducted in action. The

victory certainly was ours, and most decisively so. I have only to

lament that the weather did not afford an opportunity of making it more

complete. Such was the valour and intrepidity of my second in command,

and of every officer and man of my squadron, that, but for the weather,

I am satisfied it would have been so. As it was, there are but few

instances, and those of modern date, in which _even equal_ numbers have

been so successful....”

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