Chapter XVIII: Appendix: III

STATEMENT IN THE ADMIRALTY COURT RESPECTING THE AFFAIR OF AIX ROADS,
SHOWING WHY PART OF THE FLEET ONLY WERE ENTITLED TO HEAD MONEY.

_Ville de Varsovie._

On Friday, the 15th day of December 1815.

On which day Pott appeared for the Honourable Thomas Lord Cochrane,
late Commander of His Majesty’s ship _Impérieuse_, his officers and
crew, in obedience to the monition issued in this cause from this
Right Honourable Court, citing the said Lord Cochrane to appear and
show cause why distribution of the head or bounty money, for the
destruction of the said ship and other French ships of war, should not
be made to and amongst the admirals, captains, officers, and seamen of
all the ships composing the fleet under the command of the Right
Honourable Admiral Lord Gambier, at the time of the attack and
destruction of the said ships, and on behalf of his said parties
objected to such distribution, and in support of such objection
alleged that the said ship, _Ville de Varsovie_, was a French ship of
war—and together with _Le Tonnerre_, _L’Aquilon_, _Calcutta_, and
_L’Indienne_, and several other French ships of war, were in the month
of April, 1809, at anchor in Aix Roads, on the coast of France, and an
expedition was formed under the orders of the Right Honourable Admiral
Lord Gambier for the purpose of endeavouring to capture or destroy the
said French ships of war. That the said expedition consisted of His
Majesty’s line-of-battle ships, _Caledonia_, _Valiant_, _Revenge_,
_Cæsar_, _Theseus_, _Illustrious_, _Gibraltar_, _Donegal_, _Hero_,
_Bellona_, and _Resolution_; His Majesty’s frigates, _Impérieuse_,
_Indefatigable_, _L’Aigle_, _Emerald_, _Pallas_, and _Unicorn_; His
Majesty’s sloops, _Lyra_, _Dotterell_, _Foxhound_, _Redpole_, and
_Beagle_; and His Majesty’s gun-brigs, _Conflict_, _Insolent_,
_Fervent_, and _Growler_; and several bomb vessels, fireships,
explosion vessels, schooners, and cutters, and on the 11th day of the
said month of April, the preparations for that purpose being
completed, and the whole of the said fleet at anchor in Basque Roads,
on the outside of Aix Roads, and distant about six miles from the said
French ships of war, the explosion and firevessels proceeded into Aix
Roads under the immediate command of the said Lord Cochrane, who was
on board one of the same, and he commenced the attack on the enemy
while several of the frigates and sloops, gun-brigs and smaller
vessels also advanced on various points to support them; that in
consequence of such attack seven of the enemy’s ships were driven on
shore, and on the following day, April 12th, His Majesty’s ship
_Impérieuse_, commanded by the said Lord Cochrane, together with His
Majesty’s ships _Valiant_, _Revenge_, and several of the frigates and
smaller vessels, forming the inshore or advanced squadron, proceeded
in and engaged the said enemy’s ships so driven on shore; that about
three o’clock the said day the _Impérieuse_ attacked the _Calcutta_,
one of the said ships, mounting 56 guns, and after an obstinate
resistance she struck her colours to the _Impérieuse_ and was
immediately taken possession of and burnt; that the _Ville de
Varsovie_, mounting 80 guns, and _Aquilon_ and _Tonnerre_, mounting 74
guns each, three more of the enemy’s said ships were also attacked by
the said inshore or advanced squadron, and after sustaining a heavy
cannonade the two former about four o’clock struck their colours, were
taken possession of by the boats of the said inshore squadron, and
burnt, and the _Tonnerre_ was soon afterwards burnt by the enemy to
prevent her from being taken by the British ships.

That in _the evening_ of the said day His Majesty’s ships _Cæsar_ and
_Theseus_, together with some additional fireships were sent into Aix
Roads from the fleet to make a further attack upon the enemy; but the
_Cæsar_ having grounded before she could get within gun shot of the
enemy’s ships, the said two ships returned before daylight next
morning and rejoined the fleet without being able to effect anything
against the enemy; and on a subsequent day _L’Indienne_, another of
the said French ships, mounting 36 guns, which had been driven on
shore by the first attack, was also burnt by the enemy. And the said
Pott further alleged, that during the aforesaid attack and destruction
of the said enemy’s ships, _Calcutta_, _Ville de Varsovie_, _Aquilon_,
and _Tonnerre_; His Majesty’s ship, _Caledonia_, bearing the flag of
the Right Honourable Admiral Lord Gambier, together with the _Cæsar_,
_Theseus_, _Illustrious_, _Gibraltar_, _Donegal_, _Hero_, _Bellona_,
and _Resolution_, remained at anchor in Basque Roads above three miles
distant from the nearest of the enemy’s ships, and were _not within
reach of shot_ and never _were actually engaged with any of the said
ships_; and by reason of the premises the said several line-of-battle
ships are not entitled by law to share in the head or bounty money
payable for the attack and destruction of the said several French
ships of war, and in verification of what he so alleged the said Pott
craved leave to refer to extracts from the log books of the said
line-of-battle ships to be by him exhibited, and to the despatch sent
by the said Lord Gambier to the Lords Commissioners of the Admiralty,
bearing date 14th April 1809.

Wherefore he prayed the Right Honourable the Judge to reject the claim
of the said ships, _Caledonia_, _Cæsar_, _Theseus_, _Illustrious_,
_Gibraltar_, _Donegal_, _Hero_, _Bellona_, and _Resolution_, and to
decree the several ships of war belonging to the said fleet who were
_actually engaged with the enemy_ to be the only ships legally
entitled to the said head or bounty money, and to direct the
distribution to be made to them and to the said ship _Impérieuse_
accordingly.

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