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.... If met beyond the equator, then to.. ... If bound to any port or place in Europe, then to....

The port chosen by the master, and assigned, to be written on one or more of the principal ship's papers.

St. Helena, the Cape of Good Hope, or the Island of Ceylon;

Gibraltar or Malta, or any port in this kingdom.

These instructions are not to be considered as repealing or vacating the instructions of 4th February, 1807, directing that neutral vessels (not coming from a port in a state of strict blockade) laden with certain enumerated articles, for some port of this kingdom, shall not be interrupted.*

+Vessels belonging to any state not at war, laden with cargoes in this kingdom and

clearing out according to law, shall not be (Any port in Europe, except ports notified interrupted in proceeding to

to whomsoever the goods belong. Nor such vessels in coming from ... direct to any

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with goods for importation to whomsoever the goods belong.

Vessels coming with goods for importation in this kingdom, detained and proceeded against, shall be immediately liberated, with the goods, upon bail to answer adjudication.

to be in strict blockade,

Port in this kingdom.

§ Ports at which British ships are allowed freely to trade are to be considered as neutral, and none others.

SECOND ORDER OF COUNCIL, NOV. 11, 1807.

For permitting Importation and Exportation in consequence of the Restrictions of

Blockade.".

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*Here end the Instructions dated 18th November, 1807.
+ Additional Instruction, 25th November, 1807.

Second Additional Instruction to the Court of Admiralty, 25th November, 1807. Instruction, 25th November, 1807, relating to the Trade with Lubec and Prussia, and with Portugal,

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Also, may import, in the same manner, as if the vessel had sailed after receiving notice of the First Order, and in conformity with it.

Vessels arriving in...

in conformity to the First Order, may clear out to any port whatever.

Except that sugar, wine, brandy, snuff, and tobacco, must be exported under the king's licence, to...

Ports and Places.

Port of destination, (if not unlawful before the first order,) or to a port in amity,

This kingdom, Gibraltar, or Malta,

Such ports, and on such conditions, as
shall be therein directed:

THIRD ORDER OF COUNCIL, NOV. 11, 1807,
Respecting Enemy's Ships sold to Neutrals.
Transfers and sales of vessels to neutrals by an enemy, after
hostilities, declared illegal.

Vessels now belonging, or hereafter belonging to the enemy,
notwithstanding sale to a neutral, after a reasonable time
elapsed for receiving information of this Order at the place.
of sale, or pretended sale, may be made prize.

CITY OF LONDON-SIR HOME POPHAM.
Court of Common Council, Guildhall, Dec. 3, 1807.

This day there was an unusually numerous meeting of the common, council, in consequence of the expected motion respecting the expunging of the vote of thanks to Sir Home Popham.

This being the first time the Lord Mayor had met the common council, since his elevation to that high office, his lordship addressed them in a short and heat speech, professing that he should be ever guided by the strictest impartiality, while presiding at their deliberations, and trusting that he should continue to merit that good opinion of theirs which had raised him to his present dignified station.

On the motion of Mr. Orde, Thanks were voted to the late Lord Mayor, Sir W. Leighton, for his conduct during his mayoralty, and ordered to be published in the usual morning and evening newspapers.

Mr. Waithman then rose to complain that a weekly newspaper, called The Dispatch, containing observations calculated to prejudice the minds of the common council against his intended motion on the subject of Sir Home Popham, had been distributed, together with the summons to the different members, by the city officers. These officers ought not to be employed in any such business.

Mr. S. Dixon observed, that it was a poor compliment to the common council, to suppose they could be influenced by any such means; but it was only fair to observe, that another newspaper, the Times, had been very industrious in pouring forth its dirty effusions on the character of Sir Home, and had the day before threatened to versify, in doggerel rhymes, the speeches of those common councilmen who defended him. He wished the gentleman who brought this complaint could lay his hand on his heart, and say that he had no hand in those effusions.

Mr. Waithman disclaimed every knowledge of them, till he had seen them in the newspaper itself; and proceeded to move, "That the marshalmen be called to the bar, to account for their circulating the paper in question, and to declare by whose authority they did so." Some of these marshalmen had told him that they received these copies at the mansion-house, together with the summonses.

Clarke, one of these officers, being then called in, was asked by the Lord Mayor, how he came by the papers in question, and replied, that he got them from the Lord Mayor's porter, who said that he was to distribute them, together with the

summonses. Mr. Waithman, however, was not satisfied with this, but pledged himself to make a motion for further enquiry into the matter on some future day.

The Lord Mayor observed, that when he came from the Old Bailey, he found the newspaper on his table; but he did not at the time care a farthing for such a trifle, nor did he so much as enquire how it came there.

Mr. Waithman then gave notice, that he would, on a future day, move for an enquiry into abuses in respect to the admission of boys into Christ's Hospital, such abuses having been publicly stated to exist.

A great many petitions and memorials on city affairs were then read and considered and that business being disposed of,

Mr. Waithman rose to make his promised motion on the

VOTE OF THANKS TO SIR HOME POPHAM.

He began by reading the vote of thanks in question, which was proposed and carried on the 2d October of the last year, and which was to the following purpose:

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"Resolved, to thank Sir Home Popham for the very important services rendered by him in the capture of Buenos Ayres, at once opening a new source of commerce to the manufactures of Great Britain, and depriving her enemies of one of their richest and most extensive colonies, and also to present to him a sword of the value of 200 guineas."

When that motion was introduced, he for one had opposed it, on the ground that they were then unacquainted with all the circumstances of the case. On that ground, the impropriety of such a vote was strongly urged at that time; and if there was any room for hesitation, they surely could not hesitate now, when all the circumstances and effects of Sir Home's conduct were known, to expunge that vote, as premature and unfounded. Were he merely to refer gentlemen to the judgment of the court martial, that alone might be sufficient. The charge against Sir Home Popham was proved, and the sentence of the court martial was, that his conduct was highly censurable; but, in consideration of circumstances, they contented themselves with reprimanding him. This sentence was a very heavy one, and ought to form the criterion by which this court ought to judge of the services of Sir Home Popham on that occasion. The utility of votes of thanks, situated as this country was, in exciting the emulation, and preserving the spirit of its defenders, was obvious; but they ought to be extremely careful to whom such a vote was given, and when prematurely given, it ought not to be continued on record, thereby to lessen the value of such rewards. But it was said that this would be a bad precedent, and might give rise to perpetual changes and uncertainty. It was a much worse precedent, however, to continue a vote which had been so prematurely given. It was true that Sir Home Popham had made a very able defence before the court martial, but that defence proved every thing but his own innocence. In the motion which he was going to make, he knew that party views would be ascribed to him; but he disclaimed all such motives(hear! hear!)-he had neither asked nor obtained any favour from any administration; and the faces of two of those gentlemen, who were so loud in their cries of hear! hear! (alluding to the Messrs. Dixon) were better known to the late lords of the treasury, than almost any other man's. Mr. Waithman then took a long review of the circumstances attending the first expedition against South America, but as that question had come before the public in such a variety of ways, it would be superfluous to follow him in the detail. He contended that mercenary motives had led to the expedition against Buenos Ayres, and therefore it did not merit a vote of thanks. He condemned Sir Home for withdrawing the troops from St. Helena, under an engagement with the governor of that island, which his success at Buenos Ayres would have rendered it the more improper for him to perform, as it would have required every man engaged in the expedition to remain for the protection of the conquest. He enlarged on his not sending earlier notice of the capture by the Spaniards, as it would have prevented merchants from sending their goods, which he formerly encouraged them to ship. He did not mean to dispute Sir Home Popham's capacity, or his naval skill, though he doubted whether he had been in one se⚫ vere engagement, since it would have been heard of if he had. The honours, there fore, reserved for superior merit, should not be made too cheap by being conferred on him. His conduct had been censured by the late and the present board of admiralty,

as well as by a court martial, and that court must be very partial to themselves, if they could think that, under such circumstances, the vote of thanks was right, and every body wrong, but Sir Home Popham himself. He concluded by moving a resolution "That the vote of thanks was premature, unfounded, and ought to be expunged."

Mr. Reeve seconded the motion, merely that a subject which had excited so much public attention might receive a full and fair investigation.

Mr. Samuel Dixon opposed the motion. He contended, that the great crime of Sir H. Popham, in the eyes of the gentleman who moved the resolution, vas, his having been in the confidence of the late right hon. W. Pitt. (Loud cries of hear! hear!) This, more than any other reason, was the cause why that gallant officer was attacked with a partiality and unfairness of comment which did no credit to the mover, and would not help him to gain his object.To judge fairly of the conduct of Sir Home, it would be proper to contrast the small force with which he took Buenos Ayres, with that mighty force by which it was lost. When at the Cape, he saw an opportunity of serving his country, and he embraced it with ardour; and glorious would it have been for the country, if his successor on the same spot had acted as well as he had done. He had been charged with remissness in not communicating sufficiently with general Beresford at Buenos Ayres; but the famous brigadier general Craufurd could not communicate with his general, even when in the same town with him. (A laugh) If this resolution was carried, he expected the gentleman would follow it up by moving, that as the corporation of London had purchased a sword to be presented to Sir Home Popham, that the same sword should be given to brigadier general Craufurd, he having lost his own. (Loud laughter.)

Mr. James Dixon apologised for intruding himself on the attention of the court, especially after the great length of time the mover of the question had taken up, in stating his motives for bringing forward such a motion, in support of which he had not been able to adduce one solitary proof. He said, he did not consider the discretion which Sir Home Popham had exercised in leaving the Cape without orders, in the reprehensible light in which it appeared to the mover of the question, and more especially under the circumstances of the present war; besides, many similar instances were to be found in the naval annals of the country, by which it would appear that some of the greatest actions of our commauders, had been performed without the direct orders of the government. Admiral Rook took Gibraltar-Lord Nelson, under the direc tions of lord St. Vincent, made an attack on Teneriffe, and at a subsequent period, that ever to be lamented hero, pursued the French fleet to the West Indies without orders, and no censure was bestowed in either of those instances.

Sir Home Popham was also blamed for the circular letter he had addressed to the trading and manufacturing interests, in which he might perhaps be considered as having exceeded the strict line of his duty; but still his motives were good, and directed to the benefit of his country. Had his suggestions, as to the nature of the cargoes fit for their markets, been attended to in this country, and the wild speculations of some of the shippers not entered upon, great advantages would have been derived, even from the temporary possession of that settlement. To shew the folly and absurdity of many of these speculations, it was only necessary to enumerate a few of the articles shipped for South America; namely, warming pins, notwithstanding the warmth of that climate, Seltzer water, and spruce beer. On the arrival of the ships, the beer had flown, and only empty bottles were to be found whilst other persons, more provident, had shipped broad-cloths, linens, silk and cotton hose, and other articles suitable for that market, which had netted upwards of 100%, per. cent. and the proceeds had been remitted to this country in dollars.

The last observation he should make was, on the charge alleged against Sir Home Popham by the mover of the question, for not writing to government from the 5th of Sept. to the 20th of Nov. which was easily answered, for it appears he had not then any vessel which could be spared for that service. Soon after, he was superseded and sent home in a manner highly disgraceful; for instead of permitting him to return in a manner suitable to his station, in a frigate or sloop of war, they suffed him to return in an unarmed transport, and, in other respects, badly equipped for such a voyage. On the whole of the proceeding before the court, he could not avoid

expressing his opinion, that it appeared to him to originate in party feeling, for party purposes, and as such, he should vote against the motion.

Mr. Alderman Birch said, he should be extremely sorry if any attempts were made to elude the question. It would be an insinuation that that court was an undecided body, wavering with every wind that blew. It would be a reflection on the character of that gallant officer who was the subject of the motion. As for himself, he felt no fears that the result would be injurious to the character of that gallant officer; and instead of rescinding the vote of thanks which had been given, he conceived that the court would be rather disposed to confer upon him a second vote of thanks, for a similar service, than rescind the one which was already passed. The thanks had been voted, not for any general conduct, but for a particular service; and it could not be disputed, but that the service for which the thanks had been voted was performed. That court could not form itself into a court-martial, to decide upon the strict etiquette of military duty; but he would contend, that if the persecutors of Sir Home Popham could have even condemned him to die for the military offence, still the sword which the city bad voted him could not be taken away, and would, of right, belong to his next relative, after his death. The enemies of sir Home Popham must, however, confess, that there was a very wide difference between acting contrary to orders, and acting without orders. He would defy any man to say, that sir Home Popham "had acted contrary to any positive orders which he had received. His defence for acting without orders was, that he was unwilling to remain idle; that he was sanctioned by the opinion of sir David Baird, in considering the Cape of Good Hope as perfectly secure, and that it was even part of his duty to have a portion of his squadron cruizing off Rio Janeiro. A short time after he had successfully undertaken this enterprize, the administration was changed; and it was a curious thing to observe the different manner in which the news of the capture of the Cape of Good Hope was received by the public and by ministers. By the public it was received with that en·thusiasm, which a British public ever feels for the successes of the empire; but by the administration with sullen silence. In a short time after, they heard that the capital of South America had been taken by the same victor who had taken the capital of Southern Africa. Although the park and tower guns were fired, ministers appeared sorry at hearing the news. Sir Home Popham was not the man whom they wished to be successful-he was not the man on whose brows such laurels should be permitted to bloom. They could not indeed tear those laurels from his brows, but they endeavoured to blast them. No reinforcement was sent out to secure the conquest, but admiral Stirling was sent out to supersede bim; and he was sent home in a common prize brig, that had not a single gun to defend it, and scarcely men enough to navigate it. Although sir Home Popham had been treated so harshly by them, yet still they perceived that this acquisition was too important to be lost, and, therefore, they sent out a grand expedition to recover it; an expedition, formidable for its force, and fitted out" with all the pride, pomp, and circumstance of inglorious war." The annals of the British empire did not display any thing which could be set against this expedition for ignorance and empiricism. He wished that it might form a sort of parenthesis in our history, and be as much as possible unconnected with it If the acting without orders was now to be considered so great a crime, the earl of St. Vincent, who in a manner governed the admiralty when they ordered this court-martial, had himself acted without orders, when he sent lord Nelson on the expedition to Teneriffe, where that gallant officer was severely wounded. When the ever-to-belamented Nelson went to the West-Indies, he did it without orders; and, in his letter, he expressed a hope that ministers would not be displeased with his conduct. Upon the whole it appeared to him that the country was more likely to derive benefit from the exertions of men of enterprize, than from the cold calculations, and systematic proceedings of men without energy, but who obeyed the letter of their instructions. Enterprize was the soul of this country, in a military as well as a commercial view. The gentleman who had made the motion dwelt upon the circumstance of sir Home Popham being defended by able counsel, and no counsel appearing against him. The fact was, however, directly the reverse; for at this trial, for the first time, (as he believed) counsel was heard on the part of the prosecution, and the counsellor who was chosen was Mr. Jervis, the nephew of lord St. Vincent. There were so many

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