rose to submit to the House the motion of which he had given notice relative to the conduct of captain Lake and the proceedings in his case. Upon the perusal of the papers relative to this subject, he found so many and so important considerations arising out of them, that he thought the best way would be to move for a committee to examine the whole of them, and to report what further proceeding, if any, ought to be had. In his opinion, a subject of more importance could not be brought under the consideration of parliament. The extraordinary circumstances of the case—the consideration that the aggrieved individual was an English seaman—one of a class of persons entitled to the peculiar protection of that House—all these circumstances concurred to point out the transaction as deserving of the most serious attention. He did not mean to enter upon the subject at any length at present. The facts themselves were stronger than any language in his power to use could represent them. It was not his wish to aggravate any thing in this extraordinary case by high colouring, to withdraw the attention from the plain justice of the case, or to excite any other feelings than would naturally arise from the bare contemplation of the facts. This was a salutary principle in our criminal jurisprudence to which he would willingly conform.

His attention had been first called to this transaction by a paragraph, which he observed in a newspaper, stating that a seaman had been left by the hon. captain Lake on the island of Sombrero. This statement was followed by no remark expressive of abhorrence of the act. It seemed to have been regarded as a light and trivial matter, like a common occurrence of the day, such as, "a stage coach was overturned in Piccadilly, but we are happy to say that none of the passengers were hurt." His first object, then, was to ascertain, whether the government knew any thing of the circumstance, conceiving, that the safety of the seaman, as well as the character of the government and of the country, were at stake; and he still thought, that, notwithstanding all that had been done, some further proceeding was necessary, and it was under that impression, that he was induced to submit to the consideration of the House the motion with which he meant to conclude.

The first paper amongst those laid before the House, was a letter from Mr. Morgan Thomas, who had been purser of his Majesty's sloop Demarara, and who stated that he had discoveries to make of frauds which had been committed in the West Indies. To his intention to make these discoveries, he ascribed his being prevented from coming home. He had, he said, "resigned his warrant into the hands of sir Alexander Cochrane, upon condition of being discharged from the service altogether. The admiral superseded him, but ordered that he should be detained, being impressed with the idea that it was possible he might have defrauded government." Even this was a circumstance deserving of inquiry; and he thought Mr. Thomas ought to have been sent for home, that he might give evidence as to the matters alleged in his letter. Mr. Thomas asserted that capt. Simpson, late of the Star, had made a false muster, and signed bills on government before they were due, thereby to enable a master to desert from his Majesty's service. This was another circumstance which called for investigation. Mr. Thomas also stated, that sir A. Cochrane being applied to for a court-martial on captain Simpson, refused to grant the wished for inquiry. This likewise was matter for investigation. The letter then went on to state the circumstance of the landing Jeffery, the seaman, on the island of Sombrero. Now, this letter stated names and facts. One of the facts had been proved, and there was every reason to give credit to the rest. Mr. Thomas had also stated, that he had requested to be sent home, in order to have the alleged suspicion of his having defrauded government, decided upon; but that he had been buoyed up with promises, though since his application, two vessels had been sent express for England, while he was detained as supernumerary for victuals only, and saw no hopes of a speedy alteration in his circum- stances. All thse things induced him (sir F.) to think, that the appointment of a Committee to examine the whole of the papers would be the best mode of proceeding.

Many curious circumstances had come out before the Court Martial, but upon the whole, he rather thought that the man must have perished upon the island. But whether he had or had not, the moral guilt of this, he believed unexampled act of oppression, was the same. One circumstance worthy of observation however, was, that the principal witnesses produced before the Court Martial, Spencer and Hobson, could hardly, upon their own evidence, be considered as less than accomplices in the act. What he had, in the first instance, intended to propose was, an Address to his Majesty, that he would be graciously pleased to order captain Lake to be prosecuted for murder, by the Attorney General. But, as a grand jury might have hesitated to find a bill, when no remains of the man were found, and while there was some doubt as to his death, he thought the House would hardly be disposed to direct a prosecution in a case where a bill would not be found. However, he would be relieved from this difficulty by the plan which he now proposed.

It appeared by the evidence that this man had taken, or, as the witnesses said, stolen, some spruce-beer, which act was set up as the justification of this atrocious proceeding. To him, however, it seemed, that there was some ground to believe that it sprung from another source, that there was a conspiracy to get rid of the man.

The hon. baronet then read several extracts from the master's (Spencer's evidence, and called the attention of the House particularly to the Circumstance, that, when the vessel was near the island of Sombrero, and the master had replied to a question of captain Lake, that there were two thieves on board, without naming any of them, captain Lake had said, "send up Jeffery," and when the man came up, had told him, that he would not keep such a fellow on board his ship. It appeared from another part of Spencer's evidence, that he (Spencer) had often said to captain Lake, that it would be a very good thing if they could get him (Jeffery) out of the ship: that flogging would do him no good." From these circumstances, the hon. baronet deduced the suspicion that there was a conspiracy to get off Jeffery in this way. But even if Jeffery had been guilty of a higher crime than stealing spruce-beer; if he had committed a much more serious robbery, or even murder, captain Lake was not justified in proceeding as he had done. It did not appear in evidence that the island was inhabited; on the contrary, the inference to be deduced from the whole of the evidence was, that it was not inhabited. There were no houses seen upon it, no traces which could be presumed to indicate the residence of human beings. Besides, in order clearly to shew that they themselves were impressed with the idea, that Jeffery must perish, the hon. baronet adverted to the circumstance, that they robbed the man of his clothes and money, and supplied him neither with food nor water, thinking that as the man must at last necessarily perish, these things would be of no use to him.

The next part of this horrible case, to which he felt it necessary to direct the attention of the House, was the curious and ineffectual but imperfect search which had been made two months afterwards for the body upon the island. And he could not but condemn in strong terms the indifference displayed on the occasion by sir A. Cochrane, who thought an admonition sufficient punishment in so aggravated and singular a proceeding, and who had sent back to search for the man the very persons, who had been concerned in landing him on a desolate island. The search too was so unsatisfactory that no individual who could exercise his reason, could look upon it as any palliation of the original offence in the exposure. He then adverted to the letter of sir A. Cochrane, who stated that it had been reported in an American paper that the man was alive. Was it not matter of serious surprize that one in sir A. Cochrane's high situation should have allowed the matter to rest with a bare admonition? He trusted the House would not allow this wanton act of cruelty and oppression to rest upon such an issue. He remarked, that the nearest inhabited island was at the distance of about 30 miles. Nothing, therefore, could be more shocking than to see the indifference with which this transaction had been regarded. But whatever might be the opinion of the gallant admiral, he was sure, that that House and the people of this country, would not be satisfied; their justice would require something more in such a case than a bare reprimand, they would not think it sufficient barely to inform a person who had violated every principle of justice and humanity, if this fact could be established against him, that he had done wrong.

But the testimony of those, who had been sent to search the island, was likewise attended with very singular circumstances. It would be seen by the evidence that the persons, employed to make this search, took with them the materials for enjoying the diversion of shooting the birds upon the island. Mr. Spencer had stated, that they found part of the trowsers of the unfortunate man while, they were occupied in the amusement of shooting. Nothing could appear more shocking to him, than this inclination to diversion in those who were sent upon one of the most solemn inquiries in which it was possible to be engaged; that at a moment when they were to ascertain the life or death of one human being, and perhaps, to decide upon the life or death of another, they should be so little impressed with the dreadful duty in which they were occupied, as to turn it into a party of pleasure, and divide their time between searching for the body and shooting at wild birds. It was also extremely important, that all the persons concerned in this search should have been called; or, if any selection was to be made, he was sure that, those who had concurred in the act of exposing this man, should have been the last objects of that selection. Was it not an extraordinary circumstance, then, that the others, who went in search of him, should not have been called? and that the only person, beside Mr. Spencer, who was called on the trial, should not have been examined, to the facts to which Mr. Spencer was examined, for the purpose of determining how far his evidence was true or false? Why was not a boat's crew landed to prosecute the search? The statement, that no traces of the man were found, rested on Spencer's evidence alone, It was remarkable too that not a single question had been put on this point to Hobson, the only other person with Spencer at the time of the search, that was examined before the Court Martial.

It was material also to bear in mind, that it appeared by the evidence of Spencer, that the distance of Anegada from Sombrero was seven or eight leagues; yet that was the island which admiral Cochrane had represented as so near and convenient. It appeared however that captain Lake might have taken the man off the next day if he had been disposed; and though, it had been insinuated as an excuse, that captain Lake was insane or in liquor at the time; that excuse could hardly have served for his neglect next day. Jeffery, it seemed, had stolen some rum before, for which offence he had been flogged; the only other offence was that of taking the spruce beer, which must hare been considered as the ground of this extraordinary, punishment by cruel exposure on a desolate island. One of the witnesses, on being questioned as to the grounds, upon which he concluded that the man was safe, had stated, that he had heard, from one who had heard from another, that an account appeared in one of the American papers, statins, that he was taken away by a vessel which touched at the island. So that it was the hearsay of a hearsay; and, after all, the only foundation of the hearsay was the statement of an American paper. This defence was absurd—but supposing that such a thing had been stated in the American papers, the proof was very questionable. It was well known that our own papers were apt to kill and to bring to life without much foundation; and that gentlemen had sometimes the happiness of finding their friends alive whom they had been led to Consider as dead.

Spencer, too, had owned, that he had often told capt. Lake, that Jeffery was a man of very bad character, and ought to be got out of the ship. He did not think that Sombrero was a desolate island, nor did he think the captain thought so when they landed Jeffery. On going there again, however, they found neither houses, nor fresh water, nor any marks of habitation. The hon. bart. here adverted to Mr. J. Elvy's examination, who stated, that he saw Jeffery go into the boat; he believed his offence was broaching a cask of spruce-beer; a patch was affixed to his coat with the word "thief." He did not know at the time whether the island was inhabited or not, but considered it a cruel act. No ship or boat was in sight at the time when Jeffery was put on shore. Francisco Vala, one of the seamen who had landed Jeffery on the island, stated, that when the unfortunate man was landed, lieutenant Mould, and others of the boat's crew, climbed the rocks to see whether it was inhabited, and on their return said, that it was not.

The next evidence was that of James Hobson, who had said that he understood the man was landed for having stolen spruce-beer. He likewise owned that he had marked him down in the ship's books as having deserted; it was of his own accord he did so; and that about six weeks before the trial, capt. Lake had said, that he should have marked him as discharged at sombrero. He thought at the time the island was inhabited by French fishermen. He had heard capt. Lake, at a subsequent period, after hearing that it was not inhabited, at Barbadoes declare, that he would rather have given 20,000l. than that it should have happened. With respect to the fate of Jeffery, he had heard from Mr. Windsor, who had heard from capt. Crofton, that he had seen an account of his escape in an American paper, and attempted in vain to procure a copy of it for captain Lake.

But to return to the evidence of Mr. Spencer, he again adverted to that part in which he confessed that he had often complained to capt. Lake of Jeffery, and observed, that it would be well to get him out of the ship; from this advice, coupled with the act of that unfortunate man's exposure, he inferred, that there was a conspiracy between Spencer and capt. Lake against him, and contended that it would have been more merciful, if they had thrown him into the sea. Thomas Jenkins, John Pearson, and Joseph Mott, concurred in saying, that the people seemed all to consider the island as uninhabited, and agreed, that it was an act of great cruelty and injustice. It was impossible, he (sir F. Burdett) contended, that any one would think the island was inhabited; and quoted, in support of his assertion, Brookes and other gazetteers, all of which described it as barren and desolate. It appeared in evidence, that the crew murmured at his treatment; every one who had given an opinion upon the act, had stigmatized it as cruel. It appeared also from the evidence of Jenkins, a serjeant of marines, that when the crew said that Jeffery would be starved to death, Spencer came up, and said, "You be d——d," which the witness understood to mean, "that the man would do very well;" which the hon. baronet observed was a curious construction of the words. But, if captain Lake was sincere when he said, that he would give 20,000l. rather than have exposed the man, he should, at least, have spent a part of it in forwarding inquiries in America respecting his fate. It had been said, that capt. Lake was not sober, but no state of mind could excuse an act of such flagrant cruelty. With respect to the defence made before-the court-martial, it was as unsatisfactory as the evidence was conclusive against him. Capt. Lake seemed inclined enough to commiserate his own situation, notwithstanding what he had shewn of his commiseration in the case of the unfortunate Jeffery. He had complained of having never seen his accuser before; but that, so far from being an objection, was a presumption that no malice could exist in the mind of the accuser. It was, therefore, rather favourable than otherwise. He had denied the motives attributed to him, declaring that he only meant to put the man in jeopardy; he believed the island to have been inhabited at the time, and was certain that he had not placed him beyond the reach of human assistance; the place of his concealment, he owned, was not discovered, but he had no doubt that he had escaped. The word concealment, he (sir F. Burdett) thought a strange one. There was no reason for concealment on the part of the injured. It was strange, he contended, that such an act as capt. Lake had committed, should be punished only with admonition and dismissal from the service. All the world, he believed, must agree, that he was guilty; seeing that there was no evidence but such as might be said to have been chosen by the accused himself, seeing the strength of that evidence, and then comparing it with the vague supposition of the victim having escaped to America, he did not think it was possible to Come to a contrary conclusion.—He felt himself in a painful situation; for he could not mention, with approbation, any of those concerned in any way with the matter, whether as perpetrators, as witnesses, or as investigators, of the fact. The court-martial had not adopted that strictness of scrutiny, which it was their duty to have pursued, they had not pushed home many important questions, essential to be answered. If the body of Jeffery had been found, the murder was plain; but, if not, the inference was not so easy, that the murder was not committed. There appeared, in his opinion, an unwillingness in the court-martial to press important questions, and a desire merely to take off the edge of public indignation. He then remarked how singular it was, if captain Lake had been apt to be insane or drunk, that he should have been entrusted with a higher command. Perhaps this might be excused by saying, that the admiralty at home was not acquainted with the transaction.

As to Hobson, who was also engaged on the shooting-party, the court had never asked him a single question, which went to corroborate or contradict the testimony of Spencer. Their examination seemed intended to palliate, rather than to expose, the conduct upon which they sat in judgment; and that court seemed as ready as the witnesses to catch at the report of a report, in order to imagine those consequences most favourable to the accused. But it was an act which neither they, nor any other power could justify; it was cruel, unjust, and abominable. If he was drunk, or mad, in the commission of it, still should it have excluded him for ever from the profession to which he belonged. At least it should have prevented his promotion to a more important command, in which the lives of others were exposed to his cruelty or his madness. But intoxication could not well be pleaded; he had had time to reflect upon his conduct, the sun had gone down upon his wrath, but it had risen with his wrath also. Whatever the offence of which the man so punished was guilty, the idea of 24 hours exposure on a desert island, without food, or water, or raiment —the horror that must attend on such a situation, even for such a space of time, was surely an adequate, if not an overstrained visitation. He hoped, for the safety of the mariner, and for the honour of the House, and of the country, they would not let this business end here without resorting to some further proceeding. From the great enormity of the act, and under the little probability of escape, though there might not be ground for a prosecution for murder, there was, upon the whole of the evidence, enough to call upon the House to appoint a Committee for the purpose of considering what farther should be done upon an occasion so extraordinary and aggravated. The hon. bart. concluded with moving for the appointment of a Committee, "To take into consideration the papers relating to the conduct and trial of the hon. capt. Lake, and to report thereon to the House."

did not wish in any manner to repress the feelings which the statement of the hon. bart., and the case necessarily excited. It was certainly a case deserving of very serious attention; but however he might be disposed to agree with many of the propositions of the hon. bart., he could not assume with him that there was evidence of a murder being committed; and he therefore did not see what mode of trial the Committee which was proposed could recommend to be had against capt. Lake. He was very ready to admit, that he conceived it was no sort of excuse for capt. Lake to alledge, that he did not know that this island of Sombrero was uninhabited. It appeared to him that there was but little shade of difference between the guilt of sending a man on an island, that he knew to be uninhabited, and sending him to one, that he had no reason to suppose was inhabited, a circumstance which it was his duty to have ascertained. If there was any proof that the man was dead, he did not conceive that the sentence of the court-martial could prevent his being now tried for murder. As the case however now stood, there was no evidence at all against capt. Lake, except the evidence bearing upon the point for which he was tried by a court-martial, and punished. The charge for which he had been already tried by the court martial was similar to a most aggravated misdemeanor at common law, namely, an assault with intent to murder. On this point capt. Lake had been already tried, and had received the sentence of the court martial; and it therefore appeared to him that consistently with any principles of justice, he could not be tried a second time for the same offence. It was not in the power of the court martial to pronounce a severer sentence than it did; but whether a court of law would or would not have inflicted a severer punishment was doubtful. It was, however, no slight punishment to a man, who had arrived to so high a rank in the navy, to be broke by a court martial. If it could not be in the power of the Committee to direct any further proceedings, he saw no practical good that could result from the appointment of the Committee. The hon. bart. seemed to think that the man had lost his life, but it appeared to him that there was no manner of evidence before the House conclusive as to this fact. The idea that the man was safe was grounded on other evidence, besides the paragraph in the American paper. If the House was to order an indictment for murder, capt. Lake could not be convicted, unless there was proof that the man was dead; and in a case where there was no probability of a conviction, there was no use in indicting. Instead of doing any good, it would defeat the very object of the motion, to order a trial without sufficient evidence. This would be the way to secure an acquittal, in which case, supposing the carcase of this man to be afterwards found, or his death to be proved in any other way, capt. Lake could never be tried again. He therefore thought, that it would not only do no good, but that it might be productive of injury, to order a trial for murder on the evidence now before the House. He was of opinion that the House should, therefore, not allow itself on the present occasion to be hurried away by feelings, which were very naturally excited on the bare statement of the case. He thought it would be better to wait for some time, to see whether, by additional enquiries, any further information could be obtained; and then, if any such evidence should be obtained as would prove the man to have died in consequence of his being left on the island, a trial might be ordered. He really believed that, when the hon. bart. was first struck with the statement of the case, he had supposed, that there had been no trial or inquiry into it at all. He also was disposed to believe, that, although the hon. bart. had then thought the evidence sufficient to amount to a proof of murder, he did not think so at present. If the man was, however, still living, a further punishment might be inflicted on capt. Lake, for the sailor would have a civil action for damages, in which case a jury would have to declare what damages ought to be given in a case of such extreme cruelty and atrocity. As to a passage in Mr. Thomas's letter respecting frauds in the West Indies, he could assure the hon. bart. that this subject was now under investigation by order of the admiralty. On the whole therefore, as he did not see what good could be done by the appointment of a Committee, or what form of trial they could order if appointed, he must, if he were obliged to come to a vote, give his vote against the Committee. He however wished, that the hon. bart. would consent to withdraw his motion for the present; and he also wished, most particularly, that it should not be supposed that the House thought lightly of the case that had been stated to them, or that they dissented from the motion, for any other reason, except that there was not evidence before them sufficient to induce them to order a prosecution for murder.

said, that the right hon. gent. appeared to have forgotten, that the motion of the hon. baronet went further than the mere case of captain Lake, and that a part of it was, that those papers should be laid before the Committee to report upon them. He should wish very much to know whether the admiralty had taken any step with respect to sir Alexander Cochrane, whose case appeared to him to be fully as important as that of captain Lake. The hon. baronet had stated the case as respecting captain Lake with the greatest temperance and moderation, and had not sought in any manner to aggravate it. This simple statement of the case had made a considerable impression on the House; and, if they thought the cruelty of captain Lake to be so great in sending a man on shore on an island, which he did not know whether it was inhabited or not, what would the House think of the conduct of sir A. Cochrane, who, knowing that the island was uninhabited, still conceived, that a simple admonition to captain Lake was punishment enough for such extreme cruelty? The responsibility he must contend extended throughout the whole line of the service; and consequently the admiral, who conceived that such a crime ought to pass unpunished, was himself deeply accountable. The admiral appeared to him to have entirely deserted his duty, when, knowing this transaction, he allowed captain Lake to be promoted to a ship of a higher rank than he had commanded before. He, therefore, thought that the admiralty would not do its duty unless they were to order some proceedings against sir A. Cochrane. The right hon. gent. (the Chancellor of the Exchequer) had spoken with every proper feeling upon the present question, but he still doubted much whether a man tried once before a court-martial, could be tried again at law for the same offence.

The sentence was certainly very lenient; and he must say, that there were often acquittals and sentences, the very slightness of which was shocking to humanity. The question was now, however, whether captain Lake could be still tried upon the evidence before the House for the crime of murder. If he were upon a grand jury, and were to determine upon his oath on the evidence now before the House to support an indictment of murder, he must upon his oath say, "no true bill." If he were on a petty jury, and such evidence was laid before him, he must say "not guilty." He did not think it had been proved that capt. Lake knew the island to be uninhabited: for if he had, there would be no use in marking the word "thief" on the back of the man. It appeared, however, to him, that the search made subsequently upon the island was not satisfactory, It was extraordinary that on the first search nothing was found; and it was on the second, when they brought guns with them to shoot birds, that they did find something. They found the handle of a tomahawk, or hatchet, and part of a pair of trowsers, such as were given out for the navy. Others of the witnesses had said, that it was not a part of a hatchet that ever belonged to the ship that was found nor even of trowsers used in the British navy. If so, it would appear that the island had some other inhabitant. There was no direct evidence, however, of its having been at any time inhabited: and .the proof of its being inhabited was merely a report, which stated that the French sometimes came there when they were employed in the turtle fishery. On this evidence he thought no prosecution could be ordered; but still he thought, that other witnesses ought to be examined, and particularly lieut. Maule and Mr. Winsor.—The right hon. gent. appeared to consider that the conduct of sir A. Cochrane was extenuated by his believing that the man had got to America. He ought not however to have been satisfied with this account, which was only a hearsay of a hearsay. It appeared to him, that even now it was the duty of the Admiralty to order a more strict and diligent search of the island to be made for the body of this sailor. It had been stated by the hon. baronet, and deserved to be stated over and over again, that this search was in the first instance ordered to be made by captain. Lake himself, and those officers who had assisted in carrying into execution his most inhuman orders. The right hon. gent. (the Chancellor of the Exchequer) had stated it as a dreadful case, supposing a trial was ordered, and an acquittal obtained on the imperfect evidence which was at present possessed, and afterwards proofs should appear of the murder having been completed, and the man being dead. He should put another case, and ask, how much more shocking would it be, if, upon such evidence, captain Lake should be convicted, and that it should afterwards turn out that the man, supposed to be murdered, was still alive! He thought it better according to the humane maxim of British law, that ten guilty should escape, than one innocent man suffer. The House should, however, steer clear of the probability of either of those cases occurring. If, upon more accurate search, the remains of this man should be found on the island of Sombrero, then as a grand juror he would find a true bill. He saw no reason, why the House should not address the King to direct the officers on those stations to make the most accurate search for his remains, and also to use all means to ascertain whether he be alive or not. This inquiry would be most interesting to the family of captain Lake, to the country, and to the cause of humanity. If he should be found to be alive, the House would be relieved from that horror, which they must now feel whenever the subject was mentioned. He would beg leave to suggest to the hon. baronet whether an address to his Majesty would not, for the reasons he had stated, be preferable to a Committee of the House, who could not at present recommend any other trial. He believed it would be agreed, on all sides of the House, that a case of more horrible cruelty could hardly be conceived. He had heard, that sailors often found the approach of night dreadful, when their ship was sailing alone through unknown seas, but what must have been the feelings of this unfortunate man, when, on the approach of night, he found himself without provisions or without cloaths, alone and on a desolate island? What must hare been his emotions, when he saw the boat, which had put him upon the shore, push back again, without him, to the ship, and when he saw the ship sailing away, and leaving him a prey to whatever terrors imagination could conceive most horrible? It required no colouring to make such a case as this most impressive. Whoever could conceive what must have been the feelings of the sailor, who was so deserted and exposed, must justly appreciate the extent of that cruelty, in which those savage orders originated.

declared, that until he had that night taken his place in the House, he was wholly ignorant of the particular merits of this transaction. The papers had been upon his table, but from the multiplicity of professional avocations he was unable to peruse them. It was therefore to be understood that he did not give any decided opinion upon the evidence produced upon the court martial of the officers whose conduct was then under their consideration. He had only to state to the House a fact which it could not be supposed to be so well acquainted with, as he was from peculiar circumstances; he meant the geographical situation of the island of Sombrero. He had sailed close to it, and from the glance he had of it, he could take upon himself to assure the House that it was uninhabited, and that it was impossible that any individual, cast upon it, could there find the means of subsisttence.—With the knowledge that he had of its desolate situation, he declared, that he could have no hesitation, were he a grand juror, in finding a true bill against the person who would wantonly devote a fellow being to such a fate, as must almost eventually follow, from being thrown upon such desolation; and he would go further, that, if some strong evidence was not adduced in the defence, he would not hesitate, were he a petty juror upon the trial of such an offender, to bring in a verdict of murder than if a. man were to be let down into an unfrequented coal pit and left there to perish. He could assimilate such an offence to nothing more calculated to afford a just view of the case than to throw unobserved an individual into one of the deepest coalpits in Yorkshire. Sombrero was a bleak, sandy island, not perhaps more than twice or thrice a year trodden upon by human feet. He had heard that it had no fresh water, and he thought it was impossible that it could have any. He was therefore sufficiently convinced in his own mind that the man must have perished; but if any proposition was made which could lead to a further investigation of this case, it should have his decided support.

agreed with the suggestion of Mr. Whitbread, for an address to his Majesty, to order a more accurate search. He was glad to find, that the Admiralty had done its duty in ordering the court-martial; but with respect to sir A. Cochrane, he thought that his conduct at least demanded an enquiry. There was another circumstance which should also be attended to. There must be an arrear of wages due to this man, if he was living, (as he did not desert the ship), and in that case care should be taken that he should have it: if not, it should be given to his relatives.

considered, that, although it was a great aggravation of the offence to turn a sailor on an island which was uninhabited, yet he conceived it would be an enormous offence to have turned a sailor out on a strange island, even if it had been inhabited. He thought that some bill might be brought in to make such an offence in future a capital offence cognizable by a naval court martial.

spoke in favour of the address suggested.

said, lieut. Maule could not be examined, as he had gone to the East Indies, and the Admiralty did not think it advisable to delay the court martial till his return, which could not be expected in less than a year. Mr. Winsor had not come to the ship until a year after this transaction.

said, he meant not to excuse or to endeavour to palliate the conduct of captain Lake; yet he was not afraid to say a few words by way of extenuation out of regard to an afflicted and respectable family, who had been deeply wounded by what had already taken place on the subject. He thought the House ought to ask themselves the question, Do we in our consciences believe that captain Lake knew the island was uninhabited? As for his own part, he verily believed he did not, and he was astonished at the declaration of an hon. and learned gent. (Mr. Stephen) for whose sentiments he had generally felt a respect, and particularly for some which he had lately delivered. He had assured the House, that he had sailed very near to the island, and from the mere look of it, if he were on a grand jury, he would find a bill, and, if on a petty jury, would give a verdict of guilty against captain Lake, on an indictment for murder. Such a doctrine was almost as bad as any thing captain Lake had done, and was what he could not have supposed would have falled from that learned gentleman. The House ought, however, seriously to consider whether captain Lake knew it to be desolate. Did he think him capable of such an action, he should shrink with horror from saying a word in his behalf; but he had some information in his hand which had been collected by the friends of captain Lake, which induced him to believe that he did not know it was uninhabited. It appeared by this, that many of the officers of the ship did not think it uninhabited; if they had, he verily believed neither they nor the seamen would have obeyed captain Lake's orders to leave him there. He was glad to hear the right hon. the Chancellor of the Exchequer say, "this charge should not be lightly passed over;" it certainly ought not to be passed over lightly, and every means should foe used to ascertain the truth as to the fact of the man's having been taken to America. He knew, that every possible exertion had been made, and was making, by the afflicted and respectable family of captain Lake, to ascertain whether he had been taken off by an American vessel, and if he was still living; and he doubted not but intelligence would by one means or other, be, at no distant period, obtained to clear up these facts. He did not mean to utter a word, that might convey the most distant idea, that he meant to justify or excuse the leaving a British seaman on any island: but though he had the highest respect for the officers of the British navy, he believed it was not without a precedent, that where there had been a refractory subject on board some of his Majesty's ships, there have been captains who have put such a man on an island that was inhabited. He was, however, of opinion that further inquiry should be made into the business, and thought the report of the committee would be the best way; bethought they should at the same time examine into and report on the conduct of admiral Cochrane, who certainly could never have imagined capt. Lake capable of setting a man on shore, and leaving him in a desolate island. This must have been the admiral's opinion, or he would have brought captain Lake to an immediate court martial in the West Indies. He thought the investigation by a Committee would be more satisfactory to an afflicted and respectable family, to the officers and ship's crew, more for the credit of captain Lake himself, more for the credit and character of the House of Commons, and more satisfactory to the public at large than any other course of proceeding, and should, therefore, support the motion of the worthy baronet.

said he could not but reprobate the conduct of captain Lake. At the same time justice and humanity required him to state to the House, that the island of Sombrero was a rock, and that water must lodge and be found in many of the cavities; also that the eggs of birds were to be had in such abundance, that no man need to perish for want of food and water.

disclaimed all idea of excusing the conduct of capt. Lake, whom he did not even know; but he thought it his duty to state to the House that he had been stationed off the island of Sombrero three years, and had been near it for seven years, and he thought it hardly possible for a man to remain there 24 hours. If he waved his hat every morning, he must be observed. He did not know whether the island was actually inhabited, but it was daily resorted to by fishermen.

had heard a report, to which he did not give credit, but thought it fair to state to the House, in order to afford an opportunity for its being distinctly contradicted. He had heard that, after the report of admiral Cochrane in this case had been received at the admiralty, captain Lake had been appointed to a ship.

gave this a positive denial. In answer to what had been said respecting the man's property, it was impossible, from the rules of the navy, that any man could be cheated of what belonged to him. He also defended admiral Cochrane's conduct, which proceeded on the supposition that Jeffery had got safe to America, as he was informed.

spoke highly in praise of admiral Cochrane, who was one of the best officers in the British service. The admiralty at home were satisfied with his conduct, after the explanation they had received; and, he thought, there was no occasion for further inquiry into it.

when this question was originally agitated, thought further inquiry necessary. He could not agree with the learned gent (Mr. Stephen,) that there would be sufficient grounds of a verdict of murder against captain Lake. On the contrary, from the statement of the gallant officer, (captain Beresford,) the aggravation of his offence was much diminished. He could not think captain Lake even liable to be tried for murder, as there was neither proof of the design on his part, nor of the murder itself actually being the consequence, both of which were necessary in such cases. He then entered into a defence of admiral Cochrane's conduct, and could see no ground for inquiry into it.

could not agree with the hon. and learned gent. who had just sat down. He professed the greatest respect for the opinions of the two hon. officers who had so lately spoken, as to the nature and situation of the island; but if he Was a juryman, he should on the evidence he had read, as given at the court-martial, be apt to find captain Lake guilty of murder. It was no excuse that he thought the island inhabited; he ought to have known it.

argued, that sir A. Cochrane, in not bringing captain Lake to a court-martial in the West Indies, had been guided by a too great leniency of temper, which was his known character: but that he had sent him home to be tried, where he was sure justice would be done. He had no doubt but when the matter came to be inquired into by a committee, the character of sir A. Cochrane would appear in the fairest light, and the whole world would be convinced by the report that he had conducted himself as became an admiral of the British navy.

said he always had understood that when a man was tried for an offence by a court competent to try him, and had received the sentence of that court, the business was done with; and there was no right to inquire further; but in this instance the whole matter had not been before the court, and they were unacquainted with the unascertained fact of the life or death of the individual. He preferred an Address to a Committee, as he could not see what the latter could do but come to that conclusion at last, which the House might as well do at first of their own accord. After what they had heard, no man could leave the House with his mind perfectly made up, either as to the risk run by Jeffery, or the knowledge captain Lake possessed relative to the situation of the island. Among the variety of conjectures on these points, the proper course appeared to him to be to ascertain, as early as possible, the true state of the fact to which these probabilities were directed. If Jeffery was saved, then he conceived no further proceeding was necessary; and it was no small matter, that their discussions evinced the opinion of the House of Commons, on the moral profligacy of the act. If, on the other hand, Jeffery was dead, then it would be to be lamented, if no further steps were taken for the sake of justice. On these grounds he recommended the Address, and hoped there would be no division occasioned by pressing the original motion.

was ready to adopt any mode that would best promote the object they all had in view; but, before sitting down, he wished to offer a few observations on some points which had fallen from hon. gentlemen on this occasion. In the opinion of the ship's crew, Jeffery was left to starve and die on the island, and they did not, as an hon. gentleman supposed, think that he was merely put on shore where there was no risk. With regard to the man's property, it was certainly illegally taken by captain Lake, and if they could not prosecute him for the murder, he hoped they would punish him in another way, by bringing an action for the clothes, as was often done in cases of child-stealing, where the greater offence escaped punishment.—It was a most atrocious act to leave a man at all in a foreign country, and the honour of the king was implicated in protecting the lives of his subjects. But to leave a British subject in a desert was still more heinous, and he trusted the perpetrator of the crime would be punished, somehow or other, to a greater degree than the sentence of the court-martial. Much had been said, and many doubts thrown out, as to the possibility of trying a man by the law of the land, after having been tried by martial law. He was of opinion, that a man might be tried twice in this way, otherwise he might, for an offence against the law, be rescued from the law by a military court. He concluded by withdrawing his motion.

said, that in consequence of what he had mentioned in his first speech relative to an Address, he had drawn up one, which, if the hon. baronet had agreed to withdraw his motion, he would beg leave to read to the House, which he did, to the following effect:— "That an humble Address be presented to his Majesty, that he be graciously pleased to give immediate directions that a minute and accurate search be made forthwith on the. island of Sombrero, for the purpose of ascertaining if any traces can be found of Robert Jeffery, a seaman of his Majesty's ship Recruit, left on the said island by the hon. Warwick Lake, late commander of the said ship, contrary to every principle of duty, and in violation of every dictate of humanity: and that two commissioners be appointed to go to the said island and make the said search."

The motion having been handed to the Chair,

observed, that an hon. and learned gent. had described the island of Sombrero as a low sandy island, in which there was neither food nor water; and since he sat down, two honourable officers, well acquainted with it, had mentioned it as a rock, in which there were many cavities that were filled with water when the rain fell; and that there were also many birds' eggs.

repeated that he had seen the island, and that it appeared to him to be low and sandy. He had not made the unqualified statement attributed to him by the hon. gent. He had merely spoken of the weight of strong presumptions amounting to irresistible evidence in certain extraordinary cases. He put the case of a sailor being let down from his ship when at sea, and abandoned to the chance of a hen-coop; that hen-coop might float till a passing ship took up the man; but what was the presumption as to the motive of the act, and as to its probable result. He had been in the neighbourhood of the; island of Sombrero for 11 years, and he never had heard of Sombrero being an inhabited island. He animadverted upon the unwarrantable harshness with which the hon. gent. had commented upon him, as if he would insinuate that his evidence was false, which he could attribute only to the hon. gent.'s disposition to tear him and every one who differed from him in pieces, and was proceeding in terms of warmth, when the Speaker interposed—and

said, he did not mean to question his veracity; but as the hon. gent. had taken up the matter so warmly, and accused him of tearing him to pieces, he could only say, that if there was any tearing to pieces in the case, the hon. and learned gent, had completely committed the action himself, by the vehemence with which he had made his attack.

fully corroborated what had fallen from Mr. Stephen. The island had the appearance stated by him when seen from a distance, thought it was 40 feet above the level of the water in the interior, and completely answered the description of the hon. officers, who were more nearly acquainted with its real situation. There were plenty of shell-fish, birds, and eggs, on which a man might live a long time. He did not say this to exculpate captain Lake, of whose conduct every officer in the service must be ashamed.

did not suppose that two commissioners were necessary to be sent over to the West Indies, to walk over an island a mile and a half in circumference, and only half a mile long; he therefore objected to that part of the address, and as he thought the Admiralty sufficient for the inquiry should move an Amendment to that effect.

said, he had good reason to suppose that the man had been taken off the island by an American vessel, and is now alive in New York. He thought it better to adopt the amendment of the right hon. gent. rather than the motion of the hon. gentleman.

thought further inquiry necessary: with respect to the assertion of the right hon. gent. (Mr. Sheridan), that it was no uncommon thing for captains to send men on shore and leave them: he must express his reprobation of such a practice. The navy was not in such a state to require any such expedients, and such assertions going abroad might prove injurious to the service. Mr. P. suggested that if instructions were sent to the American minister to make the inquiry, the object would be obtained without the Address.

in explanation, declared that he had stated it was not unusual to land men on inhabited islands, but he had never said men had been left on uninhabited islands.

suggested that it would be as well to leave the discretion in his Majesty's councils, to make such inquiries as they thought nccessary after the man, both at the island and in America.

with every respect to the opinion of the hon. gent. who moved the amendment, thought that solemnity was not due in respect to the extent of the island, but to the enormity of the offence. If any officers were going to the West Indies, they might be appointed.

said, that if Mr. Whitbread would not agree to strike out the latter part moved as an Amendment by his right hon. friend, he would divide the House.

accordingly agreed, and the words relative to the commissioners were struck out, after which the motion passed nem. con.

then moved a second Address to his Majesty, "That he will please to give directions that a search be made in all his Majesty's settlements abroad, and in his Majesty's fleets, and also in all foreign countries, where his Majesty has influence, to ascertain whether the said Robert Jeffery be still alive." Which being read from the Chair,

then said, that, as it must be satisfactory to admiral Cochrane to have it shewn to that House and the world, that his conduct on this occasion was free from blame, he felt it necessary to move, "That an humble Address be presented to his Majesty, that he would be graciously pleased to direct that an inquiry be instituted into the conduct of vice admiral sir Alexander Cochrane, touching the representation made to him respecting the landing from the Recruit, captain Lake, and leaving behind on the island of Sombrero in the West Indies, a man named Robert Jeffery, in the month of December, 1807."

thought that if the hon. gent. was to have sir A. Cochrane brought to a court martial, it would be to carry the feelings of the House to an extravagant length, and therefore hoped that the hon. member would withdraw his motion.

expressed a similar hope, in consequence of the inconvenience to the public service that would arise from withdrawing the commanders of vessels from their ships, and the commander in chief from his station, in order to attend a court-martial.

stated that the Admiralty had received the explanation of his conduct from the gallant admiral; and the explanation appeared satisfactory, not so far as to call for their approbation of his conduct, but certainly to induce them to abstain from any proceeding with a view to censure it.

stated, that captain Lake had been sent home on the half-pay, in consequence of his conduct, though the lords of the Admiralty had afterwards thought proper to promote him in the West Indies.

observed, that sir A. Cochrane had done all but bring captain Lake to a court martial, and that he must, and ought to have stated to the Admiralty why he sent that officer home on the half-pay.

as having been secretary to the Admiralty at the time, felt it necessary for him to state, that the fact asserted by the noble lord was perfectly new to him, and to the Admiralty. Captain Lake had returned to this country ill, and on his recovery had been sent out again to the West Indies. A commission had also been sent out to admiral sir A. Cochrane, to make that officer post on the first vacancy. But the Admiralty then knew nothing of the transaction which was the subject of the-discussion.

stated that he should withdraw his motion on an understanding that the lords of the Admiralty would call for further explanation of his conduct from sir A. Cochrane, reserving to himself at the same time the right of bringing forward his motion on a future day, if it should appear that what may be done was not satisfactory. The motion was withdrawn, and the hon. gent. moved, "That there be laid before the House copies or extracts of all communications, together with the dates of the letters which passed between the lords commismissioners of the Admiralty, or the first lord of the Admiralty, and vice-admiral sir A. Cochrane, touching the landing from the Recruit, captain Lake, a sailor named Robert Jeffery, on the island of Sombrero, in the West Indies." Agreed to.