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money and the rewards of the profession was, which appeared to the noble lord were very principal causes of the exertions (Cochrane) of such importance, as to make made in it. He confessed that they ope- him withdraw from the active services of rated on his mind, and that it was the dis his profession. Forinerly the commis. minution of the prize money by recent re- sioned and petty officers had six-eighths gulations, which principally induced him of the prize-money, and the seamen and to leave the profession for the last two or

marines bad but two-eighths. Considering three years (hear, hear! from the minis. the merits of the seamen and marines, and terial benches.) He would never be a the numbers among which it was to be di. robber of his own country, but he saw no vided, it was thought proper to give them reason why we should not be permitted to somewhat a larger share, and now it was plunder our enemies. He had presented five-eighths which went to the commisà Petition the other day, which was re- sioned and petty officers, and three-eighths fused to be received, from a man (general among the seanien and marines. Sarrazin) whom he considered as a highly Lord Cochrane contended, that the promeritorious officer; and because minis- portion to the petty-officers had been de. ters did not appear sensible of his value, creased rather than increased, and defied they refused him the rewards which, as the hon. gentleman to prove the contrary. he thought, were due to the plans which Mr. Bastard thought, that as captain he had presented for the good of the King had done the duty of captain of the country, and the success of the war. He Diadem, and had been subjected to all thought that injustice had been done to the responsibility of that duly, he ought that gallant officer as well as to captain to have shared for the rank in which he King, and that parliament ought to have served. power to take such petitions into their con- Lord Folkestone, in consequence of what sideration without asking the consent of had fallen in the course of the discussion, ministers.

was ready to withdraw his motion, and put Mr. Peter Moore said, that every body it in a shape less objectionable. He hoped, had been heard except the Petitioner. He that if the House should coincide with his wished that the Petition itself might be motion in another shape, the right hon. read, in order to learn whether it was really the Chancellor of the Exchequer would an application for a grant of public money, not withhold his consent to an application or whether it was not such a Petition as for a grant of money. He considered that might be entertained without the consent if the Diadem had been lost, captain of his Majesty's ministers.

King would certainly have been tried for Admiral Harvey thought that the whole the loss; and as he had done the thing question in point of order was, whether this which was required of "him, he ought to was a Petition for money or not ; and it share in the gain. appeared to him it could have no other The Chancellor of the Exchequer requested object but money, and that no other re- the noble lord would not consider him as lief could have been contemplated by the a party to any arrangement of that sort. Petitioner. He allowed with the noble He had argued before, and should still Jord that the emoluments of the service contend, that unless a very strong case must be desirable to every one embarked were made out, the House would not feel in it, but still he would never allow that disposed to take into its consideration matthose emoluments were the only stimulus ter of this nature. to exertion. Although there were fewer Lord Folkestone, after a few words in exopportunities now than there formerly were planation, withdrew his motion, and then of obtaining glory and profit in the naval moved, " That there be laid before this service, still the sense of duty would al. House, Copy of any Memorial or other ways stimulate our officers to proper ex- Paper presented by captain King to his ertions. If captain King had been un- Majesty, to the board of Admiralty or successful in meeting in this instance a se- to the Privy Council, respecting the booty rious disappointment to his natural expec- captured ai Buenos Ayres, and also the tations, he hoped some other opportunity report of the law officers of the crown, to might occur, in which his services would whom it was referred to consider of such meet their proper reward.

Memorial.” Mr. Croker thought it necessary to state Mr. Yorke said, that as to the subject of to the House what the recent alteration this new motion, he thought that the House of the regulation respecting prize-money would not interfere in such cases, except on very strong grounds. At present he to transmit them ministerially to the navy should vote against it simply on ihe ground board. In the present case then, he af. of the House being taken by surprise, by a firmed, there was no fraud whatever; and motion of this sort being brought on wibo he was convinced that the ship-wright was out previous notice.

perfectly innocent of any fraud, though Mr. Whilbread then suggested the ad- that was not material as affecting captain journment of the debate upon this motion, Tomlinson. That officer had pursued the until afier the holidays; he should say till ordinary course on his arrival in port, rethe 8th of April.

lative to the repairs of his vessel; be This suggestion was acquiesced in by drew a bill on the navy board for the the House, and the debate was accordingly amount, and his pay was debited on the adjourned to that day.

bill until the vouchers were forwarded.

The necessary certificates were procured Motion for Papers respectING CAP. (which the hon. gentleman read), and the TAIN TOMlinson.) Mr. Westerne said, that bill was ordered to be paid, as the certifihe rose to move for a variety of papers re- cates were perfectly regular; and it so lative to the prosecution and trial of cap- happened that the officer who succeeded tain Tomlinson, of the royal navy, and he captain Tomlinson, in the Pelter, being hoped he had it in his power to disprove re.commissioned (lieut. Walsh), was acany imputations which had been cast on quainted with the transaction, and night him. He begged to assure the House, have been examined. This being ihe that bis sole motive in coming forward on case, it was most extraordinary that, withthis occasion was, to vindicate the cha- out any ground of charge, the navy board racter of a brave and gallant officer, and should afterwards obtain a warrant to arto redress the injuries he had sustained, by rest captain Tomlinson. And here he had the only mode which remained to remove to remark, that the evidence which had the stigma which had been most unjustly been procured did not attach, in the afixed to him. The case of captain Tom- slightest degree, to captain Tomlinson; Jinson had been already in part before the did not even nanie bim, or venture to asHouse, on a recent debate, (see vol. 21, sert that they suspected him, or had any p. 960,) and it had been there stated, he reason to suspect bim; and it was certainihought rather incautiously, by the sely rather a hasty proceeding in Mr. Juscretary of the Admiralty (Mr. Croker,) tice Nares to grant the warrant on such that captain Tomlinson had been acquitted slight grounds, and he could not help supin consequence of a flaw in the indict. posing that he must have been taken unment. This he denied; for there was not awares. The hon. gentleman then rea tittle of evidence on which he could be ferred to the affidavits, in which the name condemned, nor could it be shewn that he of Captain Tomlinson never occurred. was guilty of the smallest neglect of duty. However, two Bow-street officers were What was the nature of the accusations dispatched in pursuit of him, while he was That captain Tomlinson, commander of in the command of the sea fencibles at the the Pelter gun.brig, had entered into a mouth of the Scheldt. He surrendered conspiracy to defraud government, by himself, and on coming to town requested making extra charges for the repairs of an interview with the solicitor ofthe

navy, the vessel which he commanded, and that who refused to meet him until he submit. those extra charges were to be made by ted to the warrant. He asked, was this à forgery of the blacksmith's account, the treatment due to a gallant and meritowhich amounted to 291. and was to be in rious officer, to refuse him an explanation, creased to 981. This conspiracy was al- on a charge of fifteen years standing, and leged to have taken place fifteen years after dragging him up to town on an ac. prior to the charge being brought against cusation of a capital felony? He could him; and it happened that this was the not help saying that it savoured something only money transaction that captain Tom- of malice. At last a hearing was granted linson ever bad with the navy board in bim. Mr. Graham and Mr. Nares both his life. From the nature of the business, said, that there was not a title of evidence it was quite impossible for a person in in support of the charge; and when the captain Tomlinson's situation to account solicitor of the navy proposed that he for the authenticity of all the vouchers of should be liberated on bail, these gentlethe sub-tradesmen, or of the stores which men said, that there was no pretence for were sent to the ship, and his business was that; and the prosecution would have ended here, but a bill of indictment, cution had been commenced against him. founded on exparte evidence, was found On the whole, he trusted the House would against captain Tomlinson and Mr. Tan. grant

the papers

he should move for, as' ner, by the grand jury of Middlesex.- there was no other resource left to capHere the hon. gentleman recapitulated tain Tomlinson by which he could wipe some of the particulars of the trial, and off the stigma injuriously and maliciously commented on the speech of the Attorney thrown upon him. The honourable genGeneral (as reported on that occasion, by tleman ihen paid the highest complia person employed by the prosecutors.) ments to the private and professional chaThe result was the acquittal of captain racter of captain Tomlinson, and conclude Tomlinson, after having suffered what he ed by moving, in the first instance, " That must call' a most cruel prosecution. It there be laid before this House, copies of could not have been hoped that captain all letters or informations given to the Tomlinson would be found guilty, for if Navy Board, on which the prosecution there was a shadow of evidence against was ordered against captain Tomlinson him the indictment would have been laid and Mr. Benjamin Tanner." in Hampshire or Devonshire, and not in Mr. Croker denied that there was any Middlesex, when it must necessarily have delay or neglect in the Navy Board, fallen to the ground. All the evidence in not having furnished the stores rewhich had been procured, was that of per- quired, consequently that they could not sons actuated by malice or spleen against be accused of malice in the prosecution. the shipwright, Mr. Tanner, and there There had been some years back a sort of was no opportunity of procuring evidence mercantile and ship-building connection to rebut them. On the whole, there ap. between Tomlinson and Tanner, subsepeared a considerable degree of malice quent to which Tanner became a bankrupt. manifested by the solicitor of the navy The assignees made a demand of a debt board, in the mode of conducting the pro- due from the captain to the latter, which secution of captain Tomlinson and Tanner. demand he resisted, stating that he had On the 230 January, 1810, the latter en- no transaction with Tanner so far back treated to be allowed to state bis case; as 1795. The assignees brought their but it was pretended, that nothing was action, and it was necessary to prove the known of it, though he saw the witnesses, signature of the captain to a document: a who deposed against him, in the room of blacksmith from Dartmouth was put in Mr. Knight, the solicitor of the navy. He the witnesses box, and was shewn a paper was equally unsuccessful in an application from the Navy Board, as of work done by to sir W. Rule, one of the conimissioners him, and he was asked was that his sig. of the navy. On the 4th February he nature to the Bill? To which he replied was arrested, and kept in a lock-up house, « No.” The counsel expressed his astoafter which he was sent to gaol, where he nishment, and said, “ it must be, for it was left nine days before he was confront- was a voucher from the Navy Board.” ed with his accusers, who were suffered to The blacksmith replied, “ Though it is a go down to Dartmouth when they had voucher from the Navy Board, neverthesigned the affidavits, from whence they re- less, it is not my writing. It is a forgery." turned on the 12tb or 13th February. Upon this evidence the prosecution was Whether, however, Tanner had been grounded. So much for the malice. guilty or not, captain Tomlinson was not When Tanner was taken up for his share affected by the evidence, and the prosecu- in the transaction, there were found in his tion must be attributed to malice and cruel desk certain remarkable papers, as of bills oppression. Prior to the prosecution he for work done by order of captain Tomhad held an important command, in con- linson; on one side of the papers was the sequence of a plan submitted to the Admi- real number of days charged, and on the rally, for fitting out fire-ships on ibe ex- other fictitious ones, in order to defraud pedition to the Scheldt, in 1809. He had government, so that instead of five or six been furnished with orders for all the ne- days per man, there were charged 14 cessary supplies, but afterwards had occa- days. When the false gains were sum sion to make strong representations of a med up, there appeared a remainder of a deficiency; and he was fullŷ justified in bill in favour of Nicholas Tomlinson for doing so, for bis character was at stake. 20 guineas; finding these fraudulent paHe firmly believed that it was in conse- pers, was it malice in the Navy Board to quence of those complaints that the prose- institute enquiry? He proceeded to state various other circumstances of a suspi. portunity of clearing himself in the eyes cious nature, which at the time seemed of the country. After the strong impresfully to jastify the proceedings of the Navy sion, too, attempted to be made against his Board in the case of captain Tomlinson. character and honesty, they were bound • Lord Henniker condemned the opposi- to see these papers produced. Whatever tion given by the honourable Secretary to had been the practice of the Navy Board, the Admiralty to the motion of the hon. he should think that after a lapse of so gentleman. That motion was for papers, many years, when the subject was, so not to criminate or exculpate, but merely trifling in its amount and accidental in the to enquire into the conduct of govern- manner it came before them, it would ment towards an officer who had been en- have been more decorous if, instead of gaged in seventy-two battles.

immediately ordering a prosecution, they Sir Thomas Thompson defended the cha- had sent for capt. Tomlinson; and asked racter of the Navy Board. He attempted him in the first place to explain what to shew that they had been guilty of no they conceived was irregular or incorrect. neglect of duty in furnishing articles to Very different, however, was their mode captain Tomlinson; stated, that they did of proceeding; and though he would not not know of the subject of the prosecution, say the prosecution was dictated by matill within three days of its being com- / lice, he would say that there must have menced ; and contended, that in ordering been at least a strong leaning against the the prosecution, they had been actuated hon. captain. However strongly the hon. by no vindictive spirit

. He sat in con- Secretary had put many of the cases, it pany at the Navy Board with eleven as might be possible that they could receive honourable men as any in this kingdom. a satisfactory explanation. Indeed he un.

Mr. Brand, from the high character derstood that many of the private memowhich be had heard of the gentleman who randa that night first produced, would be was the subject of the motion, and the explained by the very papers required. observations which had fallen from the The item of 201. for instance, referred to Secretary of the Admiralty, wished to muskets taken in a prize by capt. Tomlinmake a few observations. The speech of son, and sold to a volunteer corps. He the honourable Secretary was certainly had not the honour of an acquaintance calculated to make an impression on the with capt. Tomlinson, but when he knew House, which made it so much the more that he stood high in the opinion of the necessary to accede to the motion. He gentlemen of the neighbourhood, who would not allude to what had been said wished to come forward in his behalf, that about malice; but that there was an un- he had displayed high valour in fighting favourable impression on the mind of the the battles of his country; and when he Secretary of the Admiralty, against capt. called on the House, merely to afford him Tomlinson, was very evident, If he him the means of re-establishing his high and self were to speak on such a subject, where injured honour, they ought, in his opinion, a captain of the British navy had been to lend a willing hand to afford him every acquitted by the sentence of a judge, means for that purpose. when not a tittle of evidence had been Mr. Croker in explanation said, he had produced, he certainly would, at least, merely stated the facts on which the Navy have observed a more decorous mode of Board had acted, without arguing from speaking of the gallant officer. He would these facts. not, with the levity used by the hon. Sea Mr. W. Smith said, it appeared to him cretary, bave so coupled the names of that the manner in which the Navy Board Tomlinson and Tanner, and Tanner and had been defended by the hon. Secretary Tomlinson. He was acquitted, not be- and the hon. baronet, were as opposite as cause the indictment against him was ill light and darkness. In defending the laid, nor because Tanner could not be Navy Board from malice, the honourable prosecuted, but because there was not the Secretary certainly left an impression on smallest evidence against him; and he his mind not very favourable, and oppomust say, that when an honourable captain site, perhaps, to what he intended; but of the British navy was acquitted, and what had been said by the hon. baronet, when, through the medium of an hon. a member of the Navy Board, had been friend of his, called for the production of said in a way that certainly did him great documents to justify his character, the credit. He stated matters in a clear way, House was bound to give him such an op- without colouring, and he thought he had (VOL. XXII.)


proved not only no neglect of duty in the sent no situation, it was very hard surely, Navy Board, but that they had shown no that a charge which could not be proved malice or dislike in the prosecution. It against him, and which he was willing to appeared to him that they had committed go into so minutely, should be the means no impropriety but one. Considering of preventing him from being employed how long captain Tomlinson had been in by his country. the service, they acted in a hasty manner. Mr. Robinson observed, that, as the supWhen be had fought so long the battles porters of the motion had entirely exculof his country—when so great a command pated the Navy Board from all blame, they was entrusted to him in the Walcheren had taken the ground from under the hon. Expedition-he confessed it did appear mover. He justified the Secretary of the hard that, on such slight grounds, the At- Admiralty from the hard measure which torney General should have been instruct had been dealt out to him, and thought it ed to bring a prosecution against him for was impossible for him to have taken any felony. And this was the whole of the other course than he had done to refute charge against the Navy Board in this the imputations thrown out against the transaction. Sufficient ground, in his opi- Board he was defending. nion, had been stated for the production Mr. Whitbread observed, that the hon. of the papers. It would be said perhaps Secretary of the Admiralty had brought that bis conduct to the Admiralty and forward much new matter without the Navy Boards had been petulant and vio- smallest evidence. But taking all that had lent--(cries of No, from the ministerial been alledged, what was there in it? Be.bench)—Then if not so, there could be no cause captain Tomlinson was in partnership, charge against him. Of captain Tomlin- and because 'Tanner had committed forgery, son he knew nothing personally; he knew were they entitled to proceed against cap. only that he was acquitted from the pro- tain Tomlinson without any evidence? secution brought against him: he was as- Should that justify a prosecution against a sured by a gentleman in his parish, for captain of the British navy? After they whom he had the highest esteem, that he had failed in the warrant, upon


very had observed captain Tomlinson in various same evidence they went before a grand relations, both as a private individual and jury. This shewed a singular zeal in proa magistrate, and that such a charge could secution. With all deference to the gennot be brought forward with the slightest tlemen who presided at the Navy Board, shadow of foundation. What were they he could not but think that as a board to think of such a prosecution, when they they had been negligent of their duty.-were told that it was scouted by the court, The hon. gentleman then went into several who would not even allow evidence to be particulars of the case of captain Tomlin. brought forward against it. It could not son, and argued that there was not the be denied, that an allegation of fraud had smallest ground to doubt, from any thing been made against captain Tomlinson, that had yet been said or produced, the and it could not be denied that the Secre- statement of captain Tomlinson. Was it tary of the Admiralty had detailed, what not necessary, therefore, that the matter he conceived to be irrefragable evidence, should be enquired into ? He thought to prove that he had committed that fraud. there was something like a persecuting What, then, was the demand of captain spirit displayed in this business, if not by Tomlinson? That as a charge had been the Navy Board, at least by those whom brought against him in an open court, they employed. The business was first where he had no opportunity of bringing brought before Mr. Nares, then before forward evidence, and afterwards twice in Mr. Graham, than whom no man stood that House, such papers might be produced higher in the estimation of the public, as as would enable him to go into the whole an upright and intelligent magistrate, and of the case. Capt. Tomlinson must have both Mr. Nares and Mr. Graham thought lost bis memory, and lost his judgment, there were not even grounds for holding if he wished for the production of papers captain Tomlinson to bail. Here it was which would not produce an effect such taken on the same evidence to a grand as he alleged they would produce. It was jury; and the Attorney General said, that very hard such a charge should be allowed he ought to be hanged, because he hapto attach to a gentleman who held so high pened to be connected with a fraudulent a situation in the navy [No, from the mi partner. This was a curious conclusion nisterial bench].

Then if he held at pre- to jump at. He wondered bow so great a


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