1801. conclusive, for the measure to be proposed. From an examination of facts and circumstances, respecting the origin, progress, and termination of open rebellion, and the actual state of Ireland, in which there was still a secret rebellion; he shewed that nothing but the exercise of martial law could give free course to justice, and save the country. Though Jacobinism had been put down in the field, it yet continued to afflict the land in a manner not less destructive to the jurisprudence of the country, but more difficult to be attacked by the king's forces in the field. The whole nature of the remaining disturbances in Ireland was directed, first, against the properties and persons of the well-affected; and, secondly, against the course of justice. The house would therefore be sensible, that unless those persons, who were engaged in acts of rebellion, could be brought sum be subjected to certain destruction. Lord Castlereagh did not expect that rebellion would altogether cease to exist during the war. He knew that the spirit of rebellion had too many friends in every part of the empire: but he did not, at present, propose to extend the rebellion act beyond three months. There was a measure which his lordship took the liberty of proposing, as subsidiary to this. There were persons in custody in Ireland, under the suspension of the habeas corpus act. His lordship wished to leave them in the hands of the civil power; and for that purpose he would propose, that the act for sus pending the habeas corpus be continued for the same period as that for the suppression of rebellion. Among the principal measures of precaution which the legislature of Great Britain thought proper to adopt for the internal security and peace of the empire, was a bill for continuing the execution of martial law in Ireland. This bill was introduced to the House of Commons by Lord Castlereagh, March 12, who observed, that after the union of England and Scotland it was necessary to pass laws for Scotland of unusual severity, and unconstitutional in their nature. He alluded to the laws for disarming the Highlanders: which laws were passed by a parliament strenuous in the support of the rights of the subject. Lord Castlereagh, therefore, only called on the house to do that for Ireland, which, on a former occasion, it had done for Scotland. With-marily to trial, the friends of government would out a continuance of the same system of prudence and precaution, with regard to Ireland, that country would he placed in a most unfortunate predicament. He had always entertained a firm conviction, that neither the constitution nor the liberties of Ireland could be preserved, but by the measures adopted for the suppression of rebellion. The house would see in what a situation Ireland would be placed if parliament, from any scruples, should withhold its sanction to a measure on which its safety and existence depended. It would have the effect of instilling into the government such apprehensions, that it would be impossible for those to whom it was intrusted, to discharge their duties to the public in the manner they had hitherto done, under the idea that the local parliament would always give them the means of acting with vigor. As to waiting for a communication from his majesty, the habeas corpus suspension-act had been frequently renewed, without either any communication from the crown, or inquiry by a committee, and merely on the idea that the circumstances of the country remained the same as when it first passed. The suspension of the habeas corpus in Ireland, in 1799, was without any communication. It was, no doubt, in the power of parliament to go into an inquiry if they thought this necessary; but where there were grounds for the house to proceed without inquiry, it had never been usual, nor was it necessary to chain it down to the suspension of its proceedings, till an inquiry had taken place. His wish was to propose that this bill should only be continued for a limited time, namely, for three months, in order that parliament might have time to go into an inquiry. Lord Castlereagh having clearly shewn that, on the present question, there was no necessity for either a communication from the throne, or an inquiry by parliament, proceeded to state the reasons that appeared to him to be The necessity of martial law was strenuously maintained by all the gentlemen from Ireland, Sir Lawrence Parsons alone excepted, who considered the measure wholly unnecessary. "Were not," he asked, "the courts of law open, at this time, to try rebels? During the last two years, assizes had been regularly held throughout Ireland, twice a year, without a single exception. He defied the noble lord to bring one instance of its being otherwise. He was astonished to hear that juries could not discharge their duty. In what county had that happened? He knew of no complaint on that topic, but that juries were sometimes too prompt to condemn. He had a respect for the army, and he knew that, in their proper stations, they graced their professions. But he would not choose to take officers from the horse-guards, to supersede the legal judges of the land. He asked Mr. Pitt, if he, when he was a barrister, would have trusted the case of any his clients to be decided by a colonel of the horse-guards? Courts-martial could not ascertain the difference between innocence and guilt. They had no principles on which to decide; but were, in their decisions, creatures of mere caprice of and accident. If it were so easy to decide on such questions, if there were no such thing as the science of evidence and law, why had we judges? Why one law for England, and another for Ireland? It was not pretended that this act helped, in any way, to take the rebels. No: they were in custody; and the pretence was, that no jury would try them. He desired to know of an instance of a jury not being found to try rebels? No one had ever occurred, though it had sometimes happened, that juries were sometimes too prompt to do their duty in such cases. Judges of the law should not be sent to administer justice steadily and severely, but to administer justice. They would then be feared and loved. Courtsmartial might be feared, but never could be loved." Sir Lawrence called the attention of the house to the opinion of a great lawyer, on the means of calming the minds of the Irish. He spoke of Sir John Davies, the best present that England ever sent to Ireland. He was the attorney-general of James I. and he wished that every attorney-general of the day had as much respect for the constitution as that great lawyer. He was sent to Ireland after a rebellion. The rebels having been put down by the king's arms, the administration of justice was restored. The judges went the circuits; and most sweet and welcome, said Sir John Davies, was this course to the common people; and so happy and effectual was this policy, that in six circuits, held in five years, there was a less number of criminals than in one circuit in England. Sir Lawrence recommended this example to the house. "Ar"Arbitrary measures never civilized men. If they could have done so, Morocco would have been civilized and happy long since. The present measure was in the spirit of a quack; it might heal the sore, but not correct the habit." He recommended to the house, to grace its first act towards Ireland, by rescuing that country from military tyrants. Mr. Grey also contended, that the act proposed was a suspension of all law, and a violation of the constitution, without necessity. So did Mr. Whitbread. This position they rested chiefly on the evidence that had been given by the honorable baronet, who had just delivered his sentiments on the question before the house. Mr. Grey asked, why it had not been necessary to use martial law against the Whiteboys? Mr. Bou- BOOK V. verie did not contend whether martial law was necessary in Ireland or not; all he should insist CHAP. VI. on was, that it was not proposed in regular shape and form. Doctor Lawrence asked, why, with 100,000 men in Ireland, the number of officers constituting a court-martial was limited to three, when, even in Wales, five were required? Immediately after the rebellion, he observed, there was, indeed, a murmur, a general dismay, arising from various causes, into which he would not then enter, as well as from Jacobinical principles: but the moment it burst out, it vanished. The danger was not such now as rendered the present measure necessary. He should applaud a vigorous government, under strict responsibility in dangerous times; but a system of the kind now creeping in, and, as it were, begging the question, he should always oppose. Mr. Dennis Brown referred to the report of the secret committee, and the confessions of the traitors; and affirmed, that had it not been for martial-law, they should not now see an Irish member in that house. He declared, that jurors and witnesses had been murdered by the rebels, for acting on trials. He would mention a fact, that would shew the state of the country. Many persons, who were loyal and well-disposed, had subscribed to support the traitors in prison.And when he asked, how they could do so improper an act? they declared, that they were compelled to subscribe, to protect themselves and families from the partisans of the traitors. Sir George Hill contended, that palliatives were unfit for Ireland. The instance of Sir John Davies, quoted by the honorable baronet, was not applicable to the present state of Ireland. The mode of conduct then pursued was adopted long after a rebellion subdued; but the present measure, in the midst of rebellion still existing. Sir George corroborated the statements of Mr. Dennis Browne, as to the danger of jurors and witnesses. The bill was strongly supported by Mr. Pitt; and after some interesting debates in both houses, became a law. The acts for suspending the habeas corpus act, and preventing seditious and tumultuous meetings, were also revived. 1801. BOOK V. 1801. CHAPTER VII. Naval History of this Period.-Lord Nelson's Bombardment of the Flotilla at Boulogne.-Descrip- ALTHOUGH no grand or decisive battle took place, the naval campaign of this year was, as CHAP. VII. usual, brilliant on the part of Great Britain; and the fleets, squadrons, detachments, and cruisers, either employed for home defence, or occupied in distant quarters of the globe, under the superintendence of Earl St. Vincent, (now at the head of the admiralty-board) did not fail to convey a proper idea of the maritime greatness of this country. Having, in the preceding chapter, alluded to the expedition against the flotilla at Boulogne, we shall, in the present, give an accurate account of this bold and interesting exploit. On the 30th of July, Lord Nelson hoisted his flag on board the Leyden, of sixty-eight guns, at Deal, and took the command of the armament destined for an unknown expedition. The force comprehended, besides the Leyden, the De Ruyter of sixty-four guns, the Isis of fifty guns, the Hind and Brilliant frigates, together with a great number of bombs and gun-boats, revenue-cutters, and armed pinnaces, in all about forty sail. Lord Nelson afterwards shifted his flag to the Medusa frigate; and, on sailing from Deal, August 1, stood over to the coast of France. Curiosity was greatly excited, and all was anxious expectation. Boulogne sur Mer was the place on which it was resolved to make the attack, this being the principal place of rendezvous, on the opposite coast, where the enemy had been assembling their numerous small craft, as reported, for the invasion of Great Britain. The gun-boats and flat-bottomed boats, in the harbour of Boulogne, had been reinforced by a flotilla from Calais, consisting of six gun-brigs, four luggers, and two schooners. The design of the enemy to come out, having been soon perceived by the cruisers in that quarter, they slipped their cables, and gave them chase, but found it difficult to get within shot of them; so that, by keeping in close by the shore, they got into Boulogne. In this harbour there were then, besides the flotilla from Calais, two schooners and sixteen gun-boats and luggers. On either side of the town there was formed an extensive encampment. Lord Nelson, having arrived off Boulogne, employed all Monday, August 3, in reconnoitring the fortifications of the place, and concerting the best plan for an attack. The shore at Boulogne stretches nearly towards the east and west. Towards the east, a point of land runs out, forming a bay. In the middle of this is the mouth of the harbour, which looks out to the north. The enemy's vessels, consisting of six brigs, two schooners, and about twenty gunboats, were arranged in a line along the beach, not half a mile from shore, one half east, but the longest half west of the harbour's mouth, in front of which was the largest brig. On the beach of the harbour was a strong battery, and another on the pier-head, east of the harbour. Lord Nelson, on Monday evening, stood close into Boulogne, with some of the bomb-vessels, and threw several bombs, to try how they would reach the enemy. Finding that they reached the shore, he made a signal of recal, and the whole armament anchored about four miles from the land. Orders were given to begin the attack at break of day next morning, 4th of August. At four o'clock he himself stationed the bombs, five in number, in an oblique line, stretching from the west end of the line of the enemy. They came to anchor, and began to throw bombs about five o'clock. The other ships of war were stationed, under weigh, in another line, behind the bombs, ready to render assistance. His lordship's own flag was placed in front of the harbour, having his two lines, one of bombs, and another of small ships of war, stretching from his right. Behind these was the Leyden man of war. Lord Nelson's first intention was to attack the enemy's vessels with bombs only, as these reach much farther than shot, and would prove effectual, while the enemy's shot could not reach the English vessels. At six o'clock, however, it being then high water, his lordship, in order to induce them to disclose their strongest points, (for it was difficult to discover their batteries, the cliffs being of a brown clay), sent his ships of war very close to the shore, in face of the batteries, where they fired first one broadside, and tacking round, fired the other and then sailing away, they loaded again for another such attack. This produced a heavy firing on both sides; but when the water fell, the firing of course was given over. The French batteries, on each side of the harbour, could only fire straight out, or nearly so, while the English bomb-vessels were stationed so much to their left, that the batteries could not bear upon them. The French soon discovered the inutility of their batteries; they therefore set on a number of men to throw up works and batteries on the bill, in the eastern turn of the bay, which flanks the whole line of coast. But still they could not reach the bomb-vessels, which were at the extremity of the line of vessels to the westward. Only a few shells, therefore, were thrown from them. The object which the British admiral had in view, in the disposition of his vessels, was, to have all the French ships to retreat towards the mouth of the harbour, that, being in a cluster, their destruction might be effected at night. The wind being favorable for the bomb-vessels to act, he made the signal for them to weigh, and to throw shells at the enemy's vessels, but previous orders had been given, as little as possible to annoy the town. Six of the French vessels were so much damaged, that they were towed from the scene of action. Five of them were forced into the mole: one sunk; three others were also sunk; and one bulged. It was Lord Nelson's intention when dark to have sent three bombs close upon the enemy, each bomb towed by ten boats, which were also to tow the boats away, in case of accident. But the wind shifting, the attack became impracticable, without the utmost danger: and his whole fleet was obliged to haul off, without making the attempt. In this affair, one of the English engineers was wounded, and one seaman lost an arm; this was all the loss Bustained by the British on this occasion. As to the advantage gained, Lord Nelson made no great account of it. "It would serve to convince the enemy," he said, in his dispatches to the admiralty, "that they could not come out of their harbours with impunity." While his ships of war were firing their broadsides at the French on shore, about seven in the morning, as before-mentioned, Lord Nelson moved about in his barge, making observations and minutes, which might be useful in a future attack, That some attack, either here or elsewere, was intended, he signified, in general orders, dated Medusa, off Boulogne, August 5." Lord Nelson has reason to be very much satisfied with the captains of the bombs, for their placing of the vessels yesterday. It was impossible that they could be better situated: and the artillery officers have shewn great skill in disabling ten out of twenty-four, opposed to them. The commander-in-chief cannot avoid noticing the great zeal and desire to attack the enemy in a closer and different combat, which manifested itself in all ranks of persons, and which Lord Nelson would have gladly given full scope to, had the attempt at this moment been proper. But the officers BOOK V. and others may rely, that an early opportunity shall be given them for shewing their judgment, CHAP. VII. zeal, and bravery." On the 6th of August, the British admiral sailed, with part of his fleet, to Margate-roads. A number of his gun-boats returned to Deal, and a sufficient force remained off Boulogne. From Margate-roads, Lord Nelson, without ever having gone ashore, again set sail on the 8th, directing his course, at first, not to the Downs, but to the eastward, as if it had been his design to make an attack on Flushing, or some other port on the Dutch coast. But the real point of attack was no other than Boulogne. To an active and daring mind, accustomed to overcome all obstacles in the pursuit of victory and glory, the late success, in disabling so great a proportion of the flotilla, appeared in the light of a disappointment, if not a defeat, rather than a matter of triumph. He was inflamed with an ardent desire of bringing off the enemy's flotilla, which was moored in the front of Boulogne, to the number now of twenty-five armed vessels. This attempt, the effect of courage, carried by a tide of success to the length of temerity, and almost madness, was made on the night between the 15th and 16th of August. The force collected at the Downs, for this second attack, amounted to about seventy vessels, of different descriptions, on board of which were some thou sands of marines. On the evening of the 15th, about dusk, the English vessels were ordered to form in four divisions, to storm the French line of boats, brigs, and luggers, defended by long poles, headed with spikes of iron, projecting from their sides, and with a very strong netting braced up to their lower yards, moored head and stern across the harbour, with iron chains, in the strongest manner, containing each from one hundred and fifty to two hundred soldiers, and under the protection of land-batteries as well as musketry from the shore. Since the first bombardment, the enemy had erected batteries on every favorable point, and the army collected on the heights occupied a line of nearly three miles in length. But the circumstance of the vessels being made fast to one another, and to the ground, by means of strong iron chains, was then unknown to e English, who were provided with boarding-pikes, tomahawks, and cutlasses only. Fire-arms were forbidden, lest they should have been induced to fire, and alarm the enemy before they could be well up with their boats. The plan of the attack was as follows: The fleet was put into four divisions of boats for boarding, each under the command of a captain; and a fifth division of howitzer-boats. The first four divisions consisted of flat-bottomed boats, 1801. 1801. BOOK V. armed only with marines, and the boats belonging to the different ships and cutters in the squadCHAP. VII. ron. Each of these divisions consisted of three flat-bottomed boats, and about ten six-oared boats. The first division was commanded by Captain Somerville, of the Eugene; the second, by Captain Parker, of the Medusa; the third, by Captain Cotgrave, of the Gannet; the fourth, by Captain R. Jones, of the Diligence. The division of howitzer-boats were under the direction of Captain John Conn. The whole flotilla was formed into the different divisions by the senior master and commander, Captain Somerville. Each division had its proportionate number of enemies vessels to attack; the first beginning to the eastward, and so on in the order westward. The boats, in their respective divisions, put off from the Medusa, at half past eleven at night, of the 15th. The second division, under Captain Parker, closed with the enemy first, at half past twelve, Sunday morning. Captain Parker ordered Captain Williams, with the sub-divison under his orders, to push on to attack the vessels to the northward of him, while he himself, with the others, ran alongside a large brig off the mole head, wearing the commodore's pendent. The boats were no sooner alongside of this ship, than they attempted to board; but a strong netting baffled all their endeavours, and an instantaneous discharge of guns, from about 200 soldiers on her gun-wale, Taid Captain Parker, with two-thirds of the crew, on their backs in the boat, all either killed or desperately wounded. A part of the officers and crew of the Medusa were in the boat with Captain Parker; and another part of them in the barge, under Lieutenant Longford, who nobly seconded the efforts of the captain, until all her crew was disabled from making any effort. The barge, being on the outside, was enabled to get off with the tide; but the boat, in which Captain Parker was, hung alongside; and, as there was not an officer or man left to govern her, must have fallen into the hands of the enemy, if she had not been taken in tow and carried off by the Hon. Mr. Cathcart, who commanded the Medusa's cutter. Mr. Cathcart sustained the attack with the greatest intrepidity, until the desperate situation in which Captain Parker was left obliged him to call Mr. Cathcart to his assistance. Mr. Williams led his sub-division to the enemy with the utmost gallantry. He took one lugger and had begun to attack a brig, while his crews suffered equally with those under the immediate command of his captain. Nearly the whole of his own boat's crew were either killed or wounded. The next division that came up with the enemy, was that under the direction of Captain Cotgrave. The captain, wishing to reduce the largest vessel first, lost no time in making the attack; but in consequence of his leading the division, and of the enemy's opening a heavy fire from several batteries, thinking it adviseable to give the enemy as little time as possible, he cut the tow-rope, and did not wait for the other boats: so that it was some little time before the other boats could get up. He received so many shots through the boat's bottom, that he soon found her in a sinking state; and, as it was not possible to stop so many shot-holes, he was obliged, with the men, to take to one of the boats of the ship, (the York,) which soon came up with the rest of his division. Finding, from the number of men killed and wounded in the different boats, and the constant fire of grape and small arms from the shore, that there was not any prospect of success, he thought it for the good of his majesty's service to withdraw the boats between two and three in the morning. The first division, carried by the rapidity of the tide, did not gain the place of its destination at the time intended; and Captain Somerville, finding that he was not likely to reach it in the order prescribed, gave directions for the boats to cast each other off. By so doing, he was enabled to come up with the enemy's flotilla, a little before the dawn of day, and, in the best order possible, to attack, close to the pier-head, a brig, which, after a sharp contest, he carried. Previously to this her cables were cut; but the captors were prevented from towing her off, by her being secured with a chain. Not seeing the least prospect of being able to get her off, and in consequence of a heavy fire of musketry and grape-shot that was poured on them from the shore, by three luggers, and another brig, within half pistol-shot, they were obliged to abandon her, and push out of the bay, as it was then completely daylight. The fourth division, notwithstanding every exertion, could not, on account of the rapidity of the returning tide, get to the westward of any part of the enemy's line, until near daylight. On approaching the eastern part of the line, in order to assist the first division then engaged, they met them returning. Under these circumstances, and the day breaking apace, Captain Jones judged it prudent to direct the officers commanding the different boats to return to their different ships. Captain Conn, with the howitzers, in support of Captain Parker's division, advanced towards the pier, until he was aground in the headmost boat. He then opened his fire, and threw about eight shells into the harbour. From the strength of the ebb, he was not able to keep his station off the pier-head. He continued, however, his fire on the French camp, till the enemy's fire had slackened, and almost totally failed, and Captain Parker's division had passed without him. One French lugger only was brought off, with a lieutenant, eight seamen, and eight soldiers; |