these Islands, that they may take such measures as appear to them proper upon this occasion. I am, Sir, with every respect, Your most obedient and very humble Servant, I am very sorry it is in my power to say that at all the Islands on this Station, the illegal act of granting Registers to Americans, Subjects of the United States, is carrying on with great confidence. TO JOHN MOUTRAY, ESQ., COMMISSIONER OF THE NAVY AT ANTIGUA. [The points discussed in this, and in the following Letters, were of much professional interest, viz. Whether a Captain holding the situation of Commissioner of the Navy was entitled to the same rank and authority as if he had been on full pay in command of one of the King's Ships? and, whether it was in the power of a Commander-in-Chief to give him such authority, and to hoist a Broad Pendant ? Captain John Moutray, the Commissioner at Antigua, was made a Post-Captain on the 28th of December 1758, and was by twenty-one years Nelson's senior Officer. It appears from Rear-Admiral Sir Richard Hughes' Letter to the Admiralty of the 14th February of 1785, complaining of Captain Nelson's conduct in refusing to receive orders from Commissioner Moutray, that he had authorised Captain Moutray to hoist a Broad Pendant in his absence from Antigua; that on the 29th of December 1784, he had given an order to all Captains "in his absence or that of a senior Officer to Captain Moutray, to conform themselves to his directions, and to apply to him for all necessary orders relating to the duty and "business of the Port, so far as the Ship under their several commands might be "concerned, and to show him all the usual marks of respect due to an Officer "wearing a Distinguishing Pendant ;" and that on the 6th of February 1785, Commissioner Moutray issued a written order to Nelson, to put himself under his command. Nelson, it seems, was not the only Captain who doubted the Commissioner's authority. 66 Though inquiries have been made to ascertain in what manner the Admiralty disposed of the general question, their Lordships' decision has not been found; but they informed Nelson that he ought to have submitted his doubts to the Commander-in-Chief on the Station, instead of having taken upon himself "to control the exercise of the functions of his Appointment." It is, however, presumed that Captain Nelson's view of the subject was perfectly correct; and that unless (as is now the practice) a Commissioner of the Navy be placed on full pay, by being appointed to the command of a Ship, by the Admiralty, he is to all intents and purposes an Officer on half-pay; and that no Admiral commanding a Squadron or Fleet has the power to place him on full-pay, or to give him his Naval rank, and still less to authorize him to hoist a Broad Pendant. Captain Wallis, then First Lieutenant of the Boreas, wrote a Narrative of Nelson's proceedings in the West Indies, apparently at the request of Dr. Clarke and Mr. M'Arthur, as it is largely quoted in their Life of Nelson. In the original MS., (which is now among the Nelson Papers,) Captain Wallis states that Nelson ordered the Broad Pendant to be struck, and returned to the Dock Yard; that to prove he was not actuated by personal motives, he dined on the same day with Commissioner Moutray, and gave him the first intelligence of what he had done; that the Admiralty approved of his conduct; and that the Pendant was never re-hoisted; but as Captain Wallis' Narrative is, in one part of this statement, inconsistent with Nelson's Official Report, it cannot be relied upon. Commissioner Moutray returned to England soon after. Non-professional readers may require to be told that when a Captain who is senior on the List to him who wears a Broad Pendant, arrives, the Broad Pendant is immediately struck; and they will find some information on the subject of the National Ensigns, Admirals' Flags, Broad Pendants, &c., in a NOTE at the end of the present or of a subsequent Volume.] Sir, Boreas, English Harbour, February 6th, 1785. Herewith I transmit you a copy of my letter to Sir Richard Hughes, Bart., Commander-in-Chief on this station, upon the subject of Distinguishing Pendants. My sentiments are still the same; that until you are in Commission, I cannot obey any order I may receive from you, but shall ever be studious to show every respect and attention which your situation as a Commissioner of the Navy demands; and at the same time let me beg you will be assured, with what personal esteem,5 I am your devoted, faithful, humble Servant, HORATIO NELSON. EXTRACT FROM CAPTAIN NELSON'S LETTER TO REAR-ADRICHARD HUGHES, DATED AND TRANSMITTED BY THE REAR-ADMIRAL TO THE ADMIRALTY. MIRAL SIR [From a Copy in the Admiralty.] Carlisle Bay, 12th February 1785. "Some damages having happened to the Boreas, she was obliged to go into English Harbour, to get them repaired. The Latona was laying there, with a Broad Pendant flying at the main top-gallant mast-head. Upon inquiry, I found Commissioner Moutray had directed Captain Sandys to hoist it; 5 His personal esteem for Commissioner Moutray, is shown by his Letter of the 16th of March 1785, in p. 128. but as Captain Sandys had no orders from you to receive it, I did not think proper to pay the least attention to it, well knowing that Mr. Moutray was not second Officer in the Command in English Harbour during the hurricane season. Whatever he had been before I know not, but I looked upon him as effectually superseded by my sitting as President of Court-Martials when he was upon the spot, in his Naval uniform, and acting in an Official capacity as a Commissioner of the Navy. I feel it a misfortune that so young a Captain should be the senior upon this station. Had it been otherwise, a man of more service must have been in the unpleasant situation in which I stand; but my best endeavours, however deficient they may be, shall always be exerted in supporting the dignity of my brother Captains, and I trust we shall also have the support of such a character of [as] Sir Richard Hughes. TO REAR-ADMIRAL SIR RICHARD HUGHES, BART. Sir, [Copy, in the Admiralty.] Boreas, Carlisle Bay, February 15th, 1785. Your letter of yesterday's date I have received. You have mistaken, Sir, the motives that influenced my conduct. I only disobeyed any orders Commissioner Moutray gave me. Whenever he is appointed a Commodore upon this Station, I must obey him, and I certainly shall not entertain a doubt. upon the subject. I never looked upon Mr. Moutray in Commission, and my reasons for thinking so were, having sat as President of many Court-Martials, when he was upon the spot, acting only in the Civil Department of the Navy. This, Sir, I hope you will transmit to my Lords Commissioners, that they, nor any other of my superior Officers, may have the smallest idea that I shall ever dispute the orders of my Superiors. I am, Sir, with great respect, Your most obedient Servant, Sir, TO PHILIP STEPHENS, ESQ., ADMIRALTY. [Copy, in the Admiralty.] Boreas, Carlisle Bay, Barbadoes, February 17th, 1785. Having lately held a correspondence with Sir Richard Hughes, and Mr. Moutray, a Commissioner of his Majesty's Navy, resident at the Island of Antigua, upon the subject of a Distinguishing Pendant which the said Commissioner thinks he has not only a right to hoist on board any one of his Majesty's Ships, but also to direct the operations of his MaJesty's Squadron upon this Station in the absence of the Admiral, the whole of the papers upon this subject Sir Richard Hughes has done me the honour to say he shall enclose to you for their Lordships' information, therefore it is only necessary for me, Sir, to elucidate and explain the motives that have actuated my conduct through the whole of this business. The matter is grounded upon my idea (for I never saw any Commission whatever) that Mr. Moutray is not Commissioned in such a manner as will authorize him to take upon him the liberty of hoisting a Broad Pendant, or the directing the Captains of His Majesty's Ships; but, Sir, let me first beg their Lordships will be assured that I never have received official information that Commissioner Moutray is appointed a Commodore upon this Station, or put in any Commission, but that of Commissioner of the Navy. I must beg their Lordships' indulgence to hear reasons for my conduct, that it may never go abroad into the World, I ever had an idea to dispute the orders of my Superior Officer; neither Admiral, Commodore, or Captain. I arrived in English Harbour the 28th July 1784, to lay up for the hurricane season. Till the 1st of November 1784, numerous were the orders I received, and eventually with this direction, to "Horatio Nelson, Esq., Captain of his Majesty's Ship Boreas, and Second Officer in the Command of his Majesty's ships in English Harbour, Antigua." At this time, Sir, I need not to say that Mr. Moutray was not a Commodore: the whole of the Squadron did, I am sure, look upon him as a half-pay Captain, Commissioner of the Navy. Thus, Sir, the matter stood for three times that I went into English Harbour. At St. Christopher's I heard, as their Lordships will be informed, that Commissioner Moutray was authorized to hoist a Distinguishing or Broad Pendant. I did not pretend to think upon the matter: it might probably be 80, and my answer to the Admiral was, that if Commissioner Moutray was put into Commission, I should have great pleasure in serving under him. I have no doubt that Sir Richard Hughes believed that Mr. Moutray was Commissioned as a Commodore; but at the same time I trust that he thought that the Officers under his command knew their duty too well, to obey any half-pay Captain; and that he might safely trust the honour of the Navy to those under him, (that they would not act improperly upon this business,) and that they would be well informed that the man who they received orders from, was empowered to give them. On the 5th of February, 1785, upon my arrival in English Harbour, I found the Latona with a Broad Pendant flying. As her Captain was junior to me, I sent to know the reason for her wearing it. Her Captain came on board, who I asked the following questions: "Have you any order from Sir Richard Hughes to wear a Broad Pendant ?" Answer "No." "For what reason do you then wear it in the presence of a Senior Officer?" Answer "I hoisted it by order of Commissioner Moutray." Question "Have you seen by what authority Commissioner Moutray was empowered to give you orders ?" "No." Question-"Sir, you have acted wrong, to obey any man who you do not know is authorized to command you." Answer" I feel I have acted wrong; but being a young Captain, did not think proper to interfere in this matter, as there were you and other older Officers upon this Station." 7 Captain Sandys, of the Latona, was by nearly four years Captain Nelson s junior Officer. |