Berkeley, and Captains Cardin and Winthorp, that it was contrary to the usage of the navy; the first in particular describing it "to be a most arbitrary act, that must disgust all young men who havenothing but their merits to recommend them, and likely therefore to be highly injurious to his Majesty's service."*

* Abridgment of the First Report from the Committee relative to Sir Hoine Popham, &c. :

Your committee having taken into consideration that part of the reference which relates to the repairs and stores of the Rom ney and Sensible, find, from the papers referred to them, and the evidence they have received, that there does not appear any ground whatever to impute to Sir Home Popham any fraud or connivance at any fraudulent or corrupt practice whatsoever.

With respect to the Sensible, your committee observe, that' Sir Home Popham appears to have ordered that ship to proceed! to Calcutta from the Red Sea (instead of sending her to be repaired at Bombay) for the purpose of furnishing a convoy to several transports and merchantmen bound to Bengal: that he gave to her commanding officer Captain Sauce, at Calcutta, orders dated the 11th of October 1801, " to use his utmost exertions to repair the said ship," and "to complete her with six months stores ;" and that as Captain Sause never rejoined him after the execution of those orders, Sir Home Popham cannot be considered answerable for the manner in which they were executed. Your committee do not mean, by this remark, to impute any blame to Captain Sause, not having considered any transaction relating to the Sensible, as the subject of the reference made to them, further than as such transaction could be connected with the conduct of Sir Home Popham.

Your committee observe, that Sir Home Popham appears to have gone on shore, from the Romney, a few days after her arrival in the river Hughly, in August 1801, and before her arrivai at May apour: and to have proceeded up the country in compliance with the desires of Marquis Wellesley (with whom he was specially directed by his instructions to communicate) for the purpose

Ff4

It may be now necessary to mention some miscellaneous circumstances that could not be introduced into the narrative part of this life.

purpose of conferring with his Lordship concerning certain great objects then in contemplation, in which Marquis Wellesley required his advice and assistance; that he left that ship under the command of the First Licutenaut, Mr. Davies, an officer in whose integrity and knowledge of the service he states himself to have had the utmost confidence; and that he did not return on board the Romney till after that ship had sailed from Mayapour: it appears therefore to your committee, that if the sails and stores of the Romney, sent on shore at Calcutta, were not regularly surveyed before they were condemned (a point which your committee, owing to the circumstances of the ship having no Master, the Boatswain being sick at the time, and of Mr. Davies, the First Lieutenant, being now absent from England, are not able correctly to ascertain), the blame of such irregularity 1s not to be imputed to Sir Home Popham; and in support of this observation, your committee beg leave particularly to refer to the evidence of Captain Bowen.

Your committee find, that the quantity of stores demanded by Sir Home Popham, while the Romney was under repair, and supplied by Mr. Louis, who had been previously appointed by Admiral Rainier, his Majesty's Deputy Naval Officer at Calcutta, exceeded the quantity allowed for a twelvemonth's expenditure, estimating that quantity according to the calculation made in his Majesty's Dock Yards, and mentioned in the report of the Navy Board of the 20th of February 1804; but that Sir Home Popham has accounted for this circumstance, by stating that he did not confine his demand to a provision of stores for any particular period, but took on board as large a supply. as the ship could conveniently carry, having a view in demanding such stores to the probable exigencies of the service upon which he expected to be employed.

Your committee find, that Sir Home Popham, in addition to the sails which were allowed by the establishment of the navy, ordered several to be made and supplied for the use of the Romney, which were not authorized by the strict rules of the service;

but

In the autumn of 1803, being threatened both with a civil prosecution and a parliamentary inquiry,

but it appears to your committee, from the concurrent testi-, mony of several persons examined on the subject, and particularly from that of Captain Mason, who speaks from experiments made under his own observation, that those extra sails were highly advantageous in the Indian Seas.

Your committee have not thought proper to state in this report some other instances in which Sir Home Popham appears to have deviated from the strict rules of the service, by directing the naval officer to supply him with articles, for the use of the Romney, which are described in the evidence, and were. not conformable to the usages of the navy; such irregularities appearing to your committee to be wholly unworthy of parliamentary attention, or of any other notice but that which of course they ought to have received, according to the customs of the service, in the consideration of Sir Home Popham's accounts, when any extra charge would be disallowed, unless deemed to have been expedient under the circumstances of each particular case.

Your committee however think themselves called upon, in strict justice to Sir Home Popham, distinctly to state, that they have not met with any instance, in effecting the repairs, or in the supply or expenditure of stores, which has been attended with any personal advantage or emolument to himself; nor your committee the least reason to suspect, from the evidence before them, that his conduct, upon any occasion in which the rules of the navy have not been rigidly observed, was influ enced by any private consideration; but, on the contrary, your committee feel it to be their duty to observe, that Sir Home Popham appears to have been actuated by no other motive but that of an ardent zeal for the public service.

Your committee do not think it necessary to state their observations, in detail, upon all the points mentioned in the report of the Navy-board of the 20th of February 1801; conceiving, that as far as relates to Sir Home Popham, that document appears to them to be materially inaccurate.

Your committee observe, that Sir Home Popham appears to have used his utmost endeavours to obtain money, for drafts on England,

Sir Home Popham drew up and printed a pamphlet, entitled "A Concise Statement of Facts," for the

England, upon the most favourable terms for the expences of the squadron under his command.

Your committee have thought it their duty, in justice to the character of a meritorious officer (who, so far from encouraging or conniving at any public waste, appears, in evidence before your committee, to have effected very considerable savings) to make a special report on the circumstances of his case, being the first head of their inquiry; though the evidence, on which their report is founded, is so blended with that which relates to the other particulars referred to them, that they must postpone reporting that evidence, until the other heads of inquiry are also brought to a conclusion.

Abridgment of the Second Report of the Select Committee, &c.

The first part of this report relates chiefly to the correspondence which took place between the Admiralty and Navy Boards and Sir Home Popham, and between Lord St. Vincent and that officer, on the subject of his account.

The next part of this report relates to Mr. Tucker, by whom the report of the Navy Board now under consideration was drawn up. It appears that the Commissioners of the Navy deemed the matter contained in the report of the 20th of February 1804, to be of a very grave and serious nature; notwithstanding which they did not enter into an examination of the facts and documents, on which this report was formed. In explaplanation of which circumstance, and as an excuse for lending the sauction of their names to such a statement, without some previous examination of the facts upon which it was founded, several members of the Navy Board stated, that they were prevented from entertaining any suspicion of error or mis-statement by the reliance which they placed on the accuracy and ability of Mr. Tucker.

The third head of the committee's inquiry was the publication of the report of the Navy Board, dated the 20th of February 1804. That report, it appears, was first published in a pamphlet, enti tled, "An Answer to a printed Paper, called, a Concise Statement of Facts." The committee observe that this pamphlet was published by Mr. Benjamin Tucker, who stated to the committee

that

purpose of distribution among his friends, with a view to exhibit the exertions made, and perils encountered by him in the service of his country. An

that he did publish it by the advice of Lord St. Vincent, and with the concurrence of his Lordship, (to whom he had shewn a manuscript draft of it before it was published) for the sole purpose of doing away impressions that had been made on the public mind against the Admiralty Board, by the circulation. of that printed paper, entitled, "A Concise Statement of Facts," and attributed to Sir Home Popham.

The committee state that several of the documents and vouchers on which the report of the Navy Board, relative to Sir Home Popham, was framed, had been lost and cannot now be produced; but that there is no evidence which could warrant a conclusion that they were surreptitiously removed or wilfully destroyed for any improper purpose.

The next head of inquiry is the circumstance relating to the impressing of Mr. David Ewen Bartholomew.

In respect to the impressing of Mr. Bartholomew, it does not appear to your committee that any case which can be called a precedent for this proceeding, has been brought to support it; and on the questions, whether it ought or ought not to be deemed a violation of the usage of the navy, or likely to be injurious to his Majesty's service, your committee find it to be the concur ring opinion of three naval officers, namely, Admiral Berkeley, and Captains Cardin and Winthorp, which opinion has been opposed by those of Admiral Markham and Captain Richbell, that the impressing of Mr. Bartholomew was a violation of the usage of the navy: Admiral Berkeley, in particular, speaking of it as a most arbitrary and violent act, that must disgust all young men who have nothing but their merits to recommend them, and likely therefore to be highly injurious to his Majesty's service,&c.

On Wednesday, July 5, 1805, Sir William Burroughs gave notice "that he should early in the next session of parliament, bring forward a motion, the object of which would be, that Sir Home Popham might feel himself acquitted by the voice of the House, as well as of the committee, from the charges brought against him respecting the repairs of the Romney and Sensible." "Answer"