gent.-It will not be necessary for me to go into any long discussion as to the illegality of the trade in which the hon. captain was engaged, or to dwell upon the circumstances, which induced the legislature to enact such strong provisions against any British subject engaging in a trade to the East Indies without the licence of the East India company. It will be sufficient to observe, that one of the principal ob East India company against the traffic which was carried on from Ostend, a port which possessed singular advantages for this commerce, because no duties were payable either inwards or outwards. The law therefore not only prohibited British subjects from trading themselves, but also from lending money to any foreigners whatever for the purpose of carrying it on. I say, sir, that when the legislature made these enactments they had Ostend particularly in view.-It may perhaps, sir, be said, that I am reviving a transaction antiquated from the length of time which has elapsed since its commencement. It is true that the origin of the transaction is old, but the end of it is recent; the grant was made in 1805, and though the hon. captain has received 18,000l. out of the proceeds, admiral Robinson has not yet been reimbursed his expences. In 1787, the hon. captain, then a [CONDUCT OF SIR HOME POPHAM.] | upon by the assertion of the right hon. Mr. S. Lushington (member for Yarmouth) rose and spoke as follows:-Before I proceed, sir, to state the grounds of the motion which I shall shortly have the honour of proposing to the house. I wish in a few words to call to their recollection, those circumstances which originally induced me to bring this transaction to their notice. I am the more anxious to do this, because it has very unfairly been said, that I made a personal attack on the hon. cap-jects they had in view, was to protect the tain without giving him any notice of my intention of so doing. It will be in the recollection of the house that an hon. baronet (sir Francis Burdett) some months since made a motion for an account of the Droits of Admiralty without any previous notice, and the chancellor of the exchequer requested him to postpone it to the following day for the purpose of having time to consider of it. At that time I had not the honour of the slightest personal acquaintance with the hon. baronet, but being apprehensive that the motion, as it was then worded, would not attain his object, I followed him out of the house, and suggested some alterations, which might comprehend the Droits to the Crown as well as the Admiralty Droits, as the former much exceeded the latter in amount, and added, that I myself knew an instance of gross misapplication of that fund. The case of the Etrusco occurred to me, but distrusting the accuracy of my memory, I went the next day to Doctor's Commons for the purpose of ascertaining whether my recollection of the case was correct. On this head I was soon quite satisfied. Being unavoidably delayed till rather late, on my entrance into the house, I found the hon, baronet on his legs making his motion. I immediately inquired of a noble lord (Ossulston) and an hon. gent. near me (Mr. Brand), if sir Home Popham was in the house, as I did not know him by sight. Being answered in the affirmative, I determined to state the case, if any objection should be made to the hon. baronet's motion. To my great surprize the chancellor of the exchequer positively asserted that no instance of the misapplication of these funds had ever taken place. In reply to this statement, I mentioned the leading features of the case of the Etrusco; and, sir, I shall ever consider it my duty to make known to this house every misapplication of public money, which may come within my knowledge; and in this instance I was more particularly called VOL. XI. lieutenant in the navy, applied to the Admiralty for leave of absence to go to the East Indies, and was at first refused on the ground that the Admiralty could not give him leave to go to the East Indies without consent of the East India Company. These letters are so short, and so clearly explain the origin of this transaction, and prove the hon. captain's knowledge of its illegality, that I shall read them to the house. Copy of a letter from lieutenant Home Popham to Philip Stephens, esq. Secretary to the Admiralty: Dover-street, Feb. ⚫ 12, 1787.-Sir; Having had the permis'sion of lord Howe to apply for leave of 'absence to go to the East Indies to follow my private affairs, I beg you will do me the favour to move their lordships to 'grant me two years leave of absence for that purpose from the date hereof. I have, &C. HOME POPHAM.'-Copy of a letter from P. Stephens, esq. to lieutenant Home Popham. Admiralty-office, 19th February, 1787.-Sir; In return to your letter of the 16th inst. requesting two years leave to go to the East Indies to SA morial to assert his ignorance of it. The hon. captain having obtained this leave, immediately went to Ostend, where he entered into a commercial connection with the house of Charnock and Co. a house of all others the most notorious for smuggling and illicit trade. It was this house that used to fit out cutters, which contended even with British vessels, and it is recollected in the navy how obstinately the British Lion, a cutter fitted out by Messrs. Charnock, defended herself against the Hyæna, commanded by admiral, then captain Thornborough. From this port of Ostend, the hon. captain sailed in the Ville de Vienne, a vessel of from 400 to 500 tons burthen, under Imperial colours; and would it be believed went first to Bombay, and afterwards to almost every other settlement of the East India com ❝ transact some private affairs, I am com-, manded by my lords commissioners of the admiralty to acquaint you, that they cannot give you leave to go into any of the East India Company's settlements without your first obtaining the company's permission to go thither. I am, &c. P. STEPHENS.'-Copy of a letter from P. Stephens, esq. to lieut. Home Popham: Admiralty-office, 22nd Feb. 1787. Sir; Having communicated to my lords commissioners of the admiralty your letter of the 20th inst. * informing them, that you have no intention to go to any of the East India company's settlements, your private affairs requiring you at the Danish settlement of Fredericknagore, and requesting two years leave of absence for that purpose; I am commanded by their lordships to acquaint you that they do not think fit to give leave to any offi-pany, though his leave of absence was obcers, on half-pay to go to the East Indies, tained to reside at Fredericknagore. In unless they are employed in the service 1789 we find him at Calcutta, engaged ' of the East India company. I am, &c. in illicit traffic: of this there can be no PHILIP STEPHENS.'-Copy of a letter from doubt, because the record from the Court P. Stephens, esq. to lieut. Popham: Ad- of King's Bench is on the table, and the miralty-office, 28th March, 1787.-Sir; hon. captain has actually pleaded the ilHaving read to my lords commissioners legality of the trade to prevent paying a of the Admiralty your letter of † yester- debt contracted there; so far therefore he day's date, desiring you may be indulged has acknowledged himself guilty. In 1790, with two years leave to reside in the a second voyage in the same ship was me Danish settlement of Fredericknagore, in ditated, and on this voyage he sailed withthe East Indies, on your private affairs, out asking any leave of the Admiralty at upon your relinquishing your half-pay all. The precautions used on this occa⚫ till you return to England; I am to ac- sion will prove past doubt his knowledge quaint you that their lordships are pleased of the illegality of the trade. In the first to give you two years leave for that pur- place the character of the vessel was pose upon your relinquishing your half- changed from Imperial to Tuscan, and the pay accordingly. I am, &c. P. STE- manner in which this was done is not be PHENS.'-One would have supposed, sir, passed by. If gentlemen will turn to the that even a less observing man than the 100th page of the papers, they will see a hon, captain, who is by no means deficient most curious agreement between Messrs. in penetration, would have suspected that Valle and Borghini, of Leghorn, and sir all this caution on the part of the Admi- Home Popham: By this present, though ralty was not entirely without cause. One private charter party, which the parties would have thought that it must have agree to be of full force and vigour, as an occurred to him, that there was some- agreement made by a Notary Public in thing illegal, something not quite correct due form, it is agreed to procure papers in the traffic, in which he proposed to en- which Mr. Popham will make use to gage. But I have no occasion to have cover a ship to undertake the voyage to recourse to reasoning or supposition; I the East Indies and back to Leghorn.' will prove that the hon. captain was per- Again, Notwithstanding the said ship is fectly aware of the illegality of this trade, to be navigated in appearance, on acthough he has thought proper in his Me- count of the said Valle and Borghini, it is however covenanted and agreed, that every profit, loss and event of the said ship, her navigation, freight, &c. is and 'shall be on account and risk of the said Mr. Popham.' And in page 101, Mr. Hornbeck, who is to be deputed as be * Here there is a memorandum in the papers that this letter from lieut. Popham could not be found in the Admiralty. + Here is a memorandum that this let ter also could not be found.. • fore-mentioned procurator to the said f chased a ship called the President Wash• effects of Messrs. Valle and Borghini, ington, of 950 tons, which he immediately shall sign the present agreement, in vir- christened by the name of his old ship the • tue whereof shall guarantee them from Etrusco, and without any scruple or re every exception, which might be pro- morse transferred the papers of the smaller • moted from Mr. Popham against this vessel to this nearly.double its size. The • declaration of bonâ fide. For these false mode of purchase too should not pass by and fictitious papers one and a quarter per entirely unnoticed. It was sold by Messrs. cent, upon the estimated value of the ship T. and W. Francis to one Giacomo Pons, (50001.) was paid; yet after all this, after and by him transferred to Giorgi by an inthese false documents, so procured, after dorsement on the bill of sale; but, strange neglecting to renew his application to the to say, the indorsement does not bear date Admiralty for leave of absence, sir Home till the 24th of November 1792; this Popham has stated in his Memorial to the Giorgi signs himself in the charter-party Treasury, that he believed the trade to be of freight with Mr. De Constant, master innocent and legal. In June 1790, then,' and owner on the 5th of November prethe honourable captain sailed; in what ceding. The hon. captain, indeed, in his character it is difficult to discover, for in affidavit, accounts for these extraordinary some of the papers he is designated as transfers by stating that it was done for captain, in others as supercargo; but in greater caution : for what purpose this fact he had the real command of the con- greater caution was used I leave the house cern. I shall here, sir, mention a circum- to judge. Having reached Canton, an tance, not with a view to accusation, or agreement was there entered into beginmaking it a charge, but because it has ning thus : • It is agreed between Home been frequently insinuated, and generally Popham, owner of the L'Etrusco, Tuscan circulated out of doors, I shall therefore ship, on the one part, and Charles De give the hon. gentleman an opportunity of Constant and Jean Baptiste Piron, super · explaining it. It appears by the Bill of cargoes of the French East India ComLading that on board this vessel there pany, at Canton, on the other part.' were shipped 40 cast iron guns, and some There are several other parts of this agreecases of small arms, but it no where ap- ment which it will be necessary to advert to pears how they were disposed of; and it before I sit down, but at present it is suffihas been said they were sold to the native cient to observe, that a large cargo was powers, some of whom were at that period taken in in consequence, and also a conengaged in hostility with us. I repeat, siderable quantity of goods on the hon. sir, that I have no proof of this, but the captain's own account. The vessel then hon. captain may clear up every suspicion set sail for Europe, and in the Cove of by giving an account how these military Cork was taken by his majesty's ship stores were disposed of.—After a voyage, the Diadem, capt. Sutherland, and afterin which he touched at several ports in the wards released by him, on the assurance East Indies, but which it is not material of sir Home Popham that the property on to trace, we find him at Calcutta setting board was all neutral, and that he himself out on a voyage for Bombay, in which he had no share either in the ship or cargo. was prevented, by his own account in his I state this fact, sir, on the authority of affidavit, by distress of weather; but it lieut. Cranford, who then served as a appears by a letter amongst the papers, lieutenant on board the Diadem, and if it that he had quarrelled with his master of is disputed I am ready to call him to the the colours, who threatened to bring an bar to prove it. Indeed it is corrobated information against him for bringing out by the evidence of William Banens, who British property in a foreign vessel; that states that the ship was troubled three he sailed without any ship's papers, or times before she was seized by capt. Rodocuments to insure his admission into any binson, once by the Diadem ship of war, port, where there was a regular custom- at the Cove of Cork. On the voyage house ; and that had he gone to Bombay from Cork to Ostend some goods were his vessel must inevitably have been seized; smuggled on shore near Hastings, with the all pretty good proofs that he was aware knowledge and by the order of sir Home the traffic he was carrying on was illicit. Popham. This fact is proved by the eviFrom the Prince of Wales's Island, the dence of several witnesses, but the testihon. captain proceeded to Calcutta, where mony of the last is conclusive. Gilbert he sold his vessel of 500 tons, and pur- Brice, then first mate of the Etrusco, and 'enemies of the crown of G. Britain, have, hath, or had directly or indirectly any right, title or interest in or to the said ship and goods or any part thereof at the said several periods of time (viz. at the time of lading and the time of capture) nor will have until the same shall be sold 'or disposed of, for the sole account and benefit of this deponent.' Now, sir, what is the agreement made at Canton, how does it agree with this declaration on oath? Sir, it begins thus: It is agreed between Home 'Popham, owner of the L'Etrusco, Tuscan ship, on the one part, and Charles de Con'stant, and Jean Baptiste Piron, super-cargoes of the French East India Company at Canton, on the other part, that a joint 'concern shall take place.' Again, they 'do further agree that all profit or loss upon the said expedition is to be borne or suf'fered share and share alike between the 'said Home Popham, Charles de Constant who has since been in his majesty's naval service as a lieutenant, states that about four chests of tea were delivered out of the ship, while in the English Channel, and before she arrived off Calais; that the said goods were so delivered by order of Mr. Popham, and took place about 12 o'clock at night.' Several other witnesses depose to the same fact, and also that 4 or 5 boats were round the ship at the time. I will also tell the hon. officer who were his companions in that transaction. He will perhaps recollect the name of Mr. Wenham, whose father was partner with Mr. Charnock, and lived at Hastings.-There are others also whom if necessary I can produce to verify this statement, and to a much greater extent than appears by the papers. The Etrusco was afterwards captured by the Brilliant frigate, capt. Robinson, and brought to the river Thames. There was a suit commenced in the Admiralty Court, and Jean Baptiste Piron.' Sir, this reand a variety of proceedings, which it is quires no comment; it is too glaring.unnecessary to enumerate to the house, In 1797, the vessel was condemned in the took place. Amongst other claims there court below as prize to the king, together was one preferred by the hon. capt. for with the cargo; from this sentence there the ship and cargo, supported by a most was an appeal; and five years afterwards extraordinary affidavit, to which I shall the lords commissioners reversed the dehave occasion presently to advert; re- cree as to Mr. Constant's share, which marking only in the first place, that he they restored, condemned Mr. Piron's as had not appeared to be examined, which prize to the captors, being French prois usual in such cases, though a compulsory perty, and the ship and that part of the process was issued against him. The excargo claimed by sir Home Popham they cuse of employment abroad cannot be determined to be prize to the king as the pleaded, because it appears by his affida- property of a British subject engaged in vit, that he was in London in August 1793. illicit traffic. After this sentence several In this affidavit the hon. capt. described memorials were presented to the treasury, himself as formerly of Ostend, merchant, and amongst others one by sir Home but now an officer in the navy: He ad- Popham. This memorial stated, that the mitted that he had gone to the East In- vessel had been condemned on account of dies and carried on trade there, though the the illegality of the traffic, of which he, sir leave had been obtained expressly with a Home Popham, was not aware when he view to his residing at the Danish settle- engaged in it, but that he believed it to be met of Fredericknagore. It was further innocent and legal; that he was well stated that he had been on terms of inti- known to lord Cornwallis and received at macy with lord Cornwallis, and Mr. Stuart his table; and that he was in habits of who acted as governor in the absence of intimacy with Mr. Stuart, who acted as lord Cornwallis; that he dined with them; governor in lord Cornwallis's absence; that and thence he inferred that they knew the trade was carried on with the knowof the illicit traffic he was carrying on, and ledge and under the apparent sanction of connived at it. But I must intreat the at- the servants of the Company. Of the testention of the house to the concluding part timony of that revered nobleman here of the affidavit; after claiming the ship alluded to, we are deprived by his much and the whole, or at least one third of cer- to be lamented death; but, sir, I cannot tain goods, it proceeds to say, ⚫ that no without indignation see his name aspersed. person or persons being subjects of [Here Mr. Lushington was called to order France, Spain, or the united provinces, by Mr. Dent, but desired by the Speaker to ⚫ or inhabiting within any of those terri- proceed.] Amongst all the great and *tories, their factors or agents, or any other eminent qualities which adorned his cha racter, none were more conspicuous than serted that he was ignorant of the illega his spotless and unblemished integrity. lity of the trade in which he was engaged, Sir, had the marquis Cornwallis had the that he was not aware that he was violating inclination, he had not the power to sanc- any of the laws of his country, but that tion this trade. The king himself cannot on the contrary he believed the traffic to dispense with the laws of the land, and be innocent and legal; I will undertake to who will say, that any inferior authority prove, if indeed the house is not convinced shall possess that power. But, sir, I leave already, by documents upon the table, the question to the house, which shall have that he knew, past all possibility of the greater weight, the assertion of the doubt, that all his proceedings were con hon. capt. after the facts I have proved, trary to law. I will say nothing of his after his statements in his affidavit, or the procuring ship's papers which were all character of marquis Cornwallis? If, how- false and fictitious, of the bill of sale of ever, sir, we cannot have the testimony the ship being made out in the names of of marquis Cornwallis, Mr. Stuart is still other persons, as stated in his affidavit, for alive. He was in habits of intimacy with greater caution; of the bill of lading bethe hon. capt. he no doubt will come ing signed by Giorgi as captain and owner forward and corroborate all his assertions of the ship: I will pass by these collateral he will vindicate the character of sir Home proofs, though pretty convincing, and rePopham, and clearly prove the sanction quest the attention of the house to some of of the servants of the Company to this the letters contained in the documents, and trade. I have the honour of some ac- found in the possession of the hon. capt. quaintance with Mr. Stuart, and with the In letters bearing date, and in the common leave of the house will read a letter, which course of things received antecedent to the I received from him in answer to my in- last voyage, the fact will clearly appear. quiries on this head, which I accompanied Mr. Wm. Popham writes, in a letter adwith a copy of the which have been dressed to sir Home, papers Your ship will be laid before the house My dear sir, I particularly marked;' again,No inhave been favoured with your letter ofsurance can be made.' The renewal of the 20th. Sir Home Popham and his sup6 your time must not be for India, as they 'porters, it is to be hoped, will be able to 'will require a certificate from the India establish some better grounds of defence house, that you have their permission to than that the acts of mere civility to him proceed thither; you may make it for as a stranger are to be perverted into an Africa, or the West Indies and America.' apparent sanction' of an illegal traffic! Another letter informs him, That the I knew capt. Popham in India merely as a laws of this country are very full for the naval officer who not chusing to be idle support of the India Company against in the time of peace had obtained per- British subjects adventuring to that quar'mission from the Admiralty to sail to In- ter.' There are several other passages ⚫ dia, with a view, it was understood, of im- of the same nature; but Mr. Pendergast "proving himself in his profession. I know speaks in very plain language. He says, that he commanded the ship Etrusco, Do not be offended at my proposing illi'which sailed under Imperial colours, 'cit commerce to you.' Thus, sir, the and from his having made some useful house will perceive that the hon. capt. was surveys in the Bay of Bengal and the forewarned of the illegality of the trade, Ganges, it is very probable that I did' of which illegal conduct he was afterwards ⚫ sometimes invite him to dine with me; proved guilty in a court of justice, and yet but I cannot boast of any intimacy ever he has the effrontery in his memorial to having subsisted between us; and as to declare, that he believed it to be innocent his commercial concerns, I know nothing and legal. Am I not justified then in sayat all of them. There is no occasion, ing that this was a gross imposition upon 'my dear sir, for any apology; for as I the lords of the treasury? There are other ' am not conscious of having given any parts of this memorial deserving observa'sanction to illegal traffic in India by the tion, as that the freight, amounting to "civilities shewn to capt. Popham, I cannot 27,000l. (though the ship only cost suppose that he or his friends will at- 20,000l.) might have been received at Cantempt to rest his defence upon so baseless ton, though there is an express clause in a structure. I remain yours, &c. CHARLES the agreement, that it should not be paid STUART.'-Now, sir, I will undertake to till after the sale of the cargo in Europe; prove, that though the hon. capt. has as- but I think I have said enough to convince 6 6 |