But then,

far-famed speech on the state of the law. "The Judge of the Court of Admiralty, who has the highest situation, or almost the highest, among the judges of the land (for there is not one of them who decides upon questions of greater delicacy and moment, in a national view, or involving a larger amount of property); this great dignitary of the law has only 25001. a year salary. The rest of his income is composed of fees, and these are little or nothing during peace. in time of war, they amount to 7000l. or 8000l. per annum. I profess not to like the notion of a functionary, who has so many calls as the Judge of the Admiralty Court for dealing with the most delicate neutral questions, for drawing up manifestoes, and giving opinions on those questions, and advising the Crown in matters of public policy bearing on our relations with foreign states;-I like not, I say, the notion of such a personage being subject to the dreadful bias (and here again I am speaking on general principles only, and with no personal reference whatsoever,) which he is likely to receive from the circumstance of his having a salary of only 2500l. per annum, if a state of peace continue, and between 10,000l. and 11,000l. a year if it be succeeded by war. I know very well, Sir, that no feeling of this kind could possibly influence the present noble Lord of that court; but I hardly think it a decent thing to underpay him in time of peace: and still less decent is it to overpay him at a period when the country is engaged in war. I conceive that it may not always be safe to make so large an increase to a judge's salary dependent upon whether the horrors of war or the blessings of peace frown or smile upon his country to bestow on one eminently mixed up with questions on which the continuance of tranquillity, or its restoration when interrupted, may hinge, a revenue conditioned on the coming on and endurance of hostilities."

It may be remarked, in passing, that the income actually received, after deducting fees, is not more than 2200l. a year, -a sum obviously inadequate to the dignity of the office and the rank of Privy Councillor, which it comprehends. As, however, a Committee of the House of Commons is now in

vestigating the subject, we may confidently hope that the present excellent judge will be shortly in the enjoyment of a fixed stipend, independent of fees, and freed from the contingent mischief.

The work which has been already referred to proves that the subject of this brief notice was a good classical scholar, and well versed in modern languages. He published, in addition, "A Report of the Judgment of the High Court of Admiralty on the Swedish Convoy, pronounced by Sir W. Scott, June 11th, 1790:" "A Translation of the Chapters 273. and 287. of the Consolato del Mare, relating to the Prize Law, 1800;" and "Collectanea Maritima; being a Collection of public Instruments tending to illustrate the History and Practice of Prize Law, 1801.”

By his wife, Lady Robinson, a most estimable and highly accomplished woman, whom he survived two years and upwards, he had a family of five children. These survive him: three sons, Christopher and John, clergymen, and William, an advocate of Doctor's Commons; and two daughters, one, Catherine, married to the Rev. Edmund Leigh, and Helen, unmarried.

From "The Law Magazine."

332

No. XXI.

SIR THOMAS FOLEY, G. C. B.,

ADMIRAL OF THE WHITE, REAR-ADMIRAL OF GREAT BRITAIN, AND COMMANDER-IN-CHIEF AT PORTSMOUTH.

THIS distinguished officer, one of the heroes of St. Vincent, of the Nile, and of Copenhagen, was the descendant of an ancient family in Wales, where his ancestors have enjoyed the same undiminished property which their progenitor obtained by a grant from Richard II. A grant of the property of Ridgway, in Pembrokeshire, from that monarch to John Foley, (or Fawley, as it was then spelt,) the Constable of Llahaden Castle, in the county of Pembroke, is still preserved among the family papers.

He served as a Lieutenant of the Prince George, 98, the flag-ship of Admiral Digby, at the time his present Majesty was a Midshipman in that ship. In 1782, he was made a Commander into the Britannia armed ship, at New York; and he subsequently commanded the Atalanta, of 14 guns, on the same station.

Captain Foley was promoted to post rank, September 21. 1790; and, at the commencement of the war in 1793, he obtained the command of the St. George, a second rate, bearing the flag of Rear-Admiral Gell, whom he accompanied to the Mediterranean, and on his passage thither had the good fortune to assist at the recapture of the St. Jago, a Spanish register ship, having on board upwards of two millions of dollars, besides some valuable packages to the amount of between 200,000l. and 300,000l.

Towards the conclusion of the same year, Lord Hood detached Rear-Admiral Gell with a division of his fleet to Genoa.

La Modeste, a French frigate of 36 guns, was then lying in the harbour, and had broken the neutrality of the port on various occasions, in direct opposition to the remonstrances of the Senate and Government. The British Commander being made acquainted with these circumstances, on his arrival ordered the Bedford, of 74 guns, to anchor alongside the enemy's ship, and to demand her to surrender. The French Captain at first refused to comply with this requisition; but, a few musket-shot being fired, he thought it prudent to acquiesce. The Government of Genoa very properly considered the spirited conduct of the Rear-Admiral perfectly regular, as well as strictly consonant to the law of nations; and La Modeste was added to the British navy.

Early in the ensuing year Rear-Admiral Gell was obliged, by the precarious state of his health, to return overland to England; and the late Sir Hyde Parker hoisted his flag in the St. George, Captain Foley continuing to command that ship.

In the first encounter which took place between the British fleet under Vice-Admiral Hotham, and the remnant of the once formidable force which France had possessed in the port of Toulon, the St. George had 4 men killed and 13 wounded. The French ships captured were the Ca Ira, of 80 guns, and the Censeur, of 74 guns.

No other material occurrence took place during the remainder of the time that Captain Foley continued in the St. George, except the second skirmish, still more trivial than the first, which ended in the destruction of L'Alcide, of 74 guns.

In the memorable battle off Cape St. Vincent, February 14. 1797, Captain Foley bore a distinguished part, as Captain of the Britannia, a first rate, carrying the flag of Sir Charles Thompson. He was shortly after appointed to the Goliath, 74; and, in the following year, was detached from the fleet off Cadiz to reinforce Sir Horatio Nelson's squadron in the Mediterranean.

At the Nile, on the glorious 1st of August, 1798, Captain

Foley had the honour to lead the British fleet into action. The French commenced their fire at a quarter after six in the afternoon; and in two minutes it was returned by the Goliath, which then doubled their line, and brought up alongside of the Conquérant, the second ship in the enemy's van. In less than a quarter of an hour, Captain Foley completely dismasted his opponent, and afterwards assisted in subduing the ships in the rear. In this tremendous conflict the Goliath had 21 killed and 41 wounded. It had long been a favourite idea with Captain Foley, which he had mentioned on the preceding evening to Captains Troubridge and Hood, that a considerable advantage would arise, if the enemy's fleet were found moored in line-of-battle in with the land, to lead between them and the shore, as the French guns on that side were not likely to be manned, or to be ready for action. The original plan of attack which Sir Horatio Nelson had intended to adopt, if Captain Foley had not judged it expedient to lead within the French line, was to have kept entirely on its outer side; and to have stationed his ships, as far as he was able, one on the outer bow, and another on the outer quarter, of each of the enemy.

Sir Horatio Nelson, on his departure for Naples, left Captain Foley to assist Captain Hood in guarding the coast of Egypt. On the 25th of August, the boats of the Goliath, commanded by Lieutenant W. Debush, attacked and carried a French armed ketch, anchored under the guns of the castle of Aboukir. The business was ably conducted, and gallantly performed. On the 30th of the same month, the Goliath sailed for the coast of Italy to rejoin Sir Horatio Nelson, and was subsequently employed at the blockade of Malta.

Towards the latter end of 1799, Captain Foley returned to England. In the following year he commanded the Elephant, of 74 guns, attached to the Channel fleet. On this service he continued to be employed until the spring of 1801, when he was ordered to the Cattegat, to join his old commander, Sir Hyde Parker, who had proceeded thither with a powerful armament, in order to counteract the hostile designs of the northern powers. The Elephant joined the fleet on the 26th