matter of no importance. She was afterward recaptured, when 200 Spaniards fell upon her decks.

war.

Another unfortunate occurrence on this station took place in the month of January, at English harbour, Antigua, where Lord Camelford was acting captain of the Favourite sloop of Lieutenant Peterson was first of the Perdrix, a post ship, and a senior lieutenant to Lord Camelford. Captain Fahie of the Perdrix being absent on leave, the alarm guns were fired, and Lord Camelford sent to Lieutenant Peterson to hold the crew of the Perdrix in readiness to act, and to keep a vigilant look-out at the entrance of the harbour. This order, Lieutenant Peterson, supposing himself the commanding officer, thought proper to disobey. Lord Camelford remonstrated with him on the impropriety of his conduct, but without being able to convince him of his error. Mr. Peterson, on the contrary, armed his ship's company and drew them up in the dock-yard, and prepared to resist the authority of Lord Camelford. His lordship, seeing things in this extremity, took a pistol from the hand of an officer, and, going up to Lieutenant Peterson, asked whether he still persisted in his refusal to obey the orders he had given him. The lieutenant answered, "I do!" upon which Lord Camelford, putting the pistol to his breast, shot him dead upon the spot, and addressing the crew of the Perdrix, told them he had shot the first lieutenant for mutiny. The companies of both ships, who were drawn up and spectators to this rash and unjustifiable act, retired quietly to their respective ships, and on the following day the Matilda, of 24 guns, Captain Mitford, arrived in the harbour, when his lordship gave himself up as a prisoner. Captain Mitford immediately sent him away to Martinique, where he was tried by a court-martial, and honourably acquitted! the court being of opinion that the very extraordinary and manifest disobedience of the deceased justified the act of the prisoner.

A circumstance of this peculiarly unfortunate nature demands some explanation. Lieutenant Peterson certainly acted under a wrong interpretation of two articles in the old printed instructions, the 6th and the 14th, chapter 3. The 6th article states, that all commanders of sloops, bombs, and that class of vessels, should be under the command of junior captains in post ships; and by the 14th, in the absence of the captain of any of his Majesty's ships, the senior lieutenant shall have charge of the ship, and be answerable for the duty of the captain. Hence it would appear that the unfortunate officer, whose memory has been stained with the crime of mutiny, only supposed himself vested with the authority of the captain, pro tempore. Admitting the question to be doubtful, either of these officers

should have waved his rank for the public good, and a courtmartial would, in a short time, have rendered ample justice to the injured person. Lord Camelford knew that Captain Fahie must return within 24 hours, in which interval no real injury could have been sustained by his Lordship's suspension of rank.

I am perfectly acquainted with the articles of war, and have seen the punishment of death repeatedly denounced for the crime of mutiny or disobedience of orders, particularly in time of action; but we shall search that code in vain to find in what part an officer, of his own will, is permitted to take the life of another. It is only after the fullest conviction of the crime before a court-martial that such a sentence can be carried into execution. Had the lieutenant been tried by the law, it is possible that he might have shown such reasons as would have induced a court to pause before it pronounced even a dismissal from the service; how much more before sentence of death? Refer the case to the 12 judges: they could not have returned a verdict in less than 24 hours. Shall, then, the life of a human being be taken away at the will of offended pride, when the highest tribunals, even Majesty itself, would have deliberated before inflicting the penalty?

The new code of naval instructions, which are so clearly defined, has yet been differently interpreted on certain points. The author of these pages, when with a confirmed commission commanding a sloop of war, was by the chance of service placed under the orders of a young lieutenant, acting, it is true, by an admiral's order in the temporary command of a frigate. Years after this a captain declared in my presence that he would not obey a lieutenant so situated! Astonished to find that there could still be a difference of opinion, I stated the case to the Admiralty. The reply is as follows:

SIR,

Admiralty Office, Jan. 7, 1823.

Having laid before my Lords Commissioners of the Admiralty your letter of yesterday's date, stating that when in the command of the Amaranthe sloop at Martinique, in 1808, the chance of service placed you under the orders of Lieutenant Kerr, then acting captain by order of Sir Alexander Cochrane, in the Circe frigate, and that some doubts having arisen whether you had any right to obey the said lieutenant, you request their lordships' opinion as to whether you did or did not put a proper construction on the 6th article of the general printed instructions, sect. 2, chap. 1; I am commanded by my Lords to acquaint you, that one construction can only be put on the article in question, and that you took the right one. I am, Sir, your very humble servant, JOHN BARROW.

Captain E. P. Brenton,

In the like cases, where there is any doubt as to the superiority, the officer of the longest standing in the service should take the command, and let the claim of the other be submitted to a court-martial.

Under all these circumstances it is but justice to say that the crime of mutiny was not proved, and that it is highly probable Lieutenant Peterson acted, to the best of his judgment, for the good of the service, supposing himself (erroneously we own) captain of the Perdrix for the time by the 14th article of his instructions, and by the 6th that Lord Camelford was his junior officer.

I impute no blame to the court which tried the offence,-it had good reasons, no doubt, for its verdict; but I fear that its honourable acquittal produced another deplorable act, which I shall have to relate hereafter.

CHAPTER XXVI.

Designs of the Directory on Ireland-Their squadron sails from BrestMet with by Sir John Warren, and defeated off the Rosses-Capture of La Hoche and frigates-Single actions with other frigates-Drawn battle between Mermaid and Loire-The latter taken by the Anson and Kangaroo-List of the squadron captured by Sir John Warren and his cruisers-Capture of the Ambuscade by the Bayonnaise-Reflections on that action-Ambition of the Directory-Extensive preparations for invasion-Brest fleet sails-Disturbed state of Ireland-Speech from the throne-Treaty with Russia and England-Between Russia and the Porte-Great combination against France-Tyranny of the Directory-Violation of the law of nations in the invasion of Egypt-French fleet joins that of Spain, and both get into Brest in safety-Arrival of Earl St. Vincent at Spithead-Remarks-He is appointed to the Channel fleet-Capture of La Vestale: of Spanish galleons by British frigates-Immense treasure-Loss of the Impregnable-Remarkable instances of recapture-Successes of Sir John Warren and Sir Edward Pellew-Fury and Harpy attack a French frigate, which is taken by the Loire-Sir Charles Hamilton takes Goree-Descent in the Morbihan-Attacks on the enemy in the neighbourhood of Brest by Sir John Warren.

WHILE the fleet and army of France were vainly attempting to secure the possession of the banks of the Nile, the Directory were not unmindful that we had a vulnerable point nearer home. Ireland was in a state of actual rebellion; and the Executive Government of France hoped, by a timely aid to the rebels, to feed the flame of civil discord, and eventually to deprive us of the right arm of the British Empire. A strong squadron accordingly was despatched from Brest, on the 17th September, 1798, and arrived off Lough Swilly, but was intercepted by a squadron of his Majesty's ships, under the command of Commodore Sir John Borlase Warren, who, in the month of October, was cruising off that port. He had with him the Canada and Robust, of 74 guns each, the Foudroyant, of 80, Magnanime, of 44, Melampus, of 38, Doris, of 36; the two latter were sent to look out off Tory Island and the Rosses. In the evening of the same day he was joined by the Amelia, Captain Herbert, who informed him that he had parted with the Ethalion, Anson, and Sylph, and that these ships had with great attention continued to watch the French squadron from

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the time of their leaving Brest. On the 11th of October the Anson and the Sylph fell in with the admiral, and at noon the enemy was discovered in the north-west: their force consisted of one ship of 80 guns, 8 frigates, a schooner, and a brig. The signal was immediately made for a general chase, and to form in succession, as each arrived up with the enemy; but this, owing to the state of the weather, was not effected till the 12th, when, at half-past five in the morning, the enemy were seen at a little distance to windward: the line of battle ship had lost her main-topmast. The enemy, finding he could not avoid fighting, formed in close order on the starboard tack, and brought-to to engage; our ships were led into action by the Robust, commanded by the late Admiral Sir Edward Thornborough. At 20 minutes past 7 the fight began, the Rosses then bearing south-south-west, distant five leagues. At 11 in the forenoon, after a defence of nearly four hours, the ship of the line struck, and proved to be the Hoche, of 74 guns, now called the Donegal. The frigates made all sail away, but were pursued, and in five hours three of them were taken. All these ships were full of troops and stores necessary for their military establishments in Ireland.

Another frigate was captured soon after by the Melampus, Captain (now Vice-admiral Sir Graham) Moore, who, being close off St. John's Point, on the south-west coast of Ireland, on the 13th of October, at midnight, discovered two large frigates to windward, and without a moment's hesitation made all sail in chase, though only a single ship; he closed with the nearest, and, being within hail, ordered her to bring-to; she endeavoured to escape; the Melampus opened a fire, which in 25 minutes completely unrigged and forced her to surrender: she proved to be La Resolue, mounted 36 guns, and had 500 seamen and troops on board.

Her consort, the Immortalité, made several signals to the ship engaged, but never offered any assistance. One week after she had basely left her consort to be captured by a single ship, she was fallen in with by the Fisgard, commanded by Captain Byam Martin. A close action commenced, and continued for one hour and 20 minutes, when the rigging of the Fisgard was so much cut that she became unmanageable, and the enemy was making off; but such was the activity of the crew of the British frigate that she was soon in a state to renew the chase, and she again brought the enemy to action, for one hour and 50 minutes longer, when she caused him to surrender. The French ship had 28 24-pounders on the main deck, with long nines and 42-pound carronades on the quarter-deck and forecastle, and was one of the largest frigates