Page images
PDF
EPUB

September 8. I have only a minute to spare just to say I am made commander, and am this moment going off with dispatches to the King of Sardinia from Lord Hood. I shall write to you from the King of Sardinia's army at Nice. It is evident Lord Hood has not thought my conduct undeserving a particular mark of his approbation by the post of honour I now hold; but that is not all, it has gained me (nor would I part with this last for any thing this world could offer me) the approbation and applause of every officer and man in the fleet, nor shall they ever repent the opinion they have so publicly expressed of me.

September 10.

Our friends the Spanish gentlemen look well and bold on a parade, but they will not stand a shot. The post of Ollioules, which we had so gallantly carried, they have lost for us. It is very true that by keeping it we were extending too much, but that does not take from the disgrace attending its loss. It was defended by five hundred Spanish troops, with four pieces of cannon. The day before I left Toulon it was attacked by Carteaux. The garrison fled on the very first discharge, and but for one hundred sailors they would have lost the cannon, and many more men than they did; these brave fellows covered their retreat, and brought off the wounded with the loss only of two men. I expect to get on shore to-morrow, and two days after shall be able to deliver my dispatches. I cannot venture to inform you by letter what they are, being of the greatest conse. quence, of course secret. I left Toulon the day before yesterday in the Lowestoffe; but the Bedford and Leviathan of 74 guns, were sent after me with some additional orders; yesterday I received them, and removed into the Bedford. I hope to be back again in a fortnight.

[ocr errors]

EDWARD COOKE.

Captain Edward Cooke, who has since so gallantly distinguished himself in the East Indies, was made Lieutenant in 1790, and after the date of the above letter, was appointed by Lord Hood to go on a secret expedition to Corsica. He was advanced Post in 1794; and was given the command of his Majesty's frigate La Sybille of 44 guns in 1796. The following are some particulars of his family: Captain Cooke's father, Colonel Cooke, married a sister of Admiral Bowyer's: after her husband's death she married General Smith, to whom the above Letter is addressed, and who is Uncle to Sir William Sidney Smith.

• Captain Cooke returned from the King of Sardinia with 1700 men; and 80 men which he raised himself in going through the country.

MR. COLQUHOUN's

OBSERVATIONS ON NAVAL EMBEZZLEMENT.

(Concluded from Page 321.)

Reflections on the Causes of the prevailing Abuses, Frauds, Plunder, and Pillage, in the Navy, Vidualling, and Ordnance Departments, in Ships of War and Transports, and in the Dock Yards and other Public Repositories. A Summary View of the existing Laws appli cable to these Objects.—Their Deficiencies explained, with Observations on the Means of improving them.-The existing Abuses analyzed: Remedies proposed and explained.

UNDER

2

INDER the pressure of those accumulated wrongs, which constitute the extensive frauds, embezzlements, pillage, and plunder, known and acknowledged to exist in the dock yards and other public repositories; it is not easy, at first view, to assign a reason for that apparent supineness, on the part of men of known honour and integrity, who have heretofore presided, and who now preside at the public boards, in not using the means necessary to remedy so great an evil.

It may possibly be accounted for by the extreme difficulty which men, constantly occupied in a laborious business, find in pursuing enquiries, or forming arrangements out of their particular sphere; and more especially, when such arrangements require those powers of business, as well as that species of legal and general information, which does not attach to men whose education and habits of life have run in a different channel.

Under such circumstances, it is scarce to be wondered at, that greater efforts have not been used (for great efforts are unquestionably necessary) to correct those abuses, which have long existed, and which have been progressively increasing; under circumstances where the property of the public not only suffers a vast annual diminution by frauds and embezzlements, but where such practices sap the foundation of all morals; and extend their baneful influence even to men in the upper and middle ranks of society, who are too se.dom restrained by any correct principle of rectitude in their transactions, where public property is the object.

These principles, it is to be feared, pervade a considerable majority of those, who either furnish in the first instance, or are afterwards charged with the custody of public stores.

When the object in view is to acquire money, the power of example, sanctioned by usage and custom, will reconcile the mind of man, by

degrees, to enormit'es and fraud, which at first could not have been endured.- Acting under this influence, it too often happens that a distinction is made on the score of moral rectitude in the minds of many individuals, between the property of the nation, and private property. While the most scrupulous attention to the rules of honour prevails in the latter case, principles, the most relaxed, are yielded to in the former.

.. And thus it is, that in such situations, the minds of many inferior agents become insensibly reconciled to every species of fraud, embezzlement, and peculation.

Enormous gratuities are given, under the colour of fees, to those who can assist in promoting the views of the fraudulent, or in guarding them against detection.-What was at first considered as the wages of turpitude, at length assumes the form, and is viewed in the light of a fair perquisite of office.

In this manner abuses multiply, and the ingenuity of man is ever fertile in finding some palliative. Custom and example at length sanction the greatest enormities.

Thus fortified by immemorial and progressive usage, the superior officers find it an Herculean labour to cleanse the Augean stable.

A phalanx of interested individuals oppose them. The task is irksome and ungracious.-The enquiry involves in it matter of deep concern, affecting the peace, comfort, and happiness of old servants. and their families, who have always been ill paid, and who, but for such perquisites, could not have acquired property, or even supported themselves with decency.

It is an invidious task to interfere with regulations which may ultimately affect the interest or the character of individuals, who have heretofore perhaps been regarded as objects of partiality or affection :-and those whose duty it is to superintend these departments, knowing their own purity, are unwilling to believe that the same principle of rectitude does not regulate the conduct of others in inferior situations.

Unwilling also to disturb the emolument of the subordinate servants of the Crown, who are otherwise not sufficiently remunerated; while matters, of apparently greater importance, constantly press upon their attention, the consideration of such abuses is generally postponed; and those who complain of their existence, seldom meet with much encouragement, unless some specific act of criminality is stated, and then it is referred, as a matter of course, to the proper law. officers.

These circumstances, however, only prove the necessity of some other and more effectual agency to remove an evil, which (if the assertions of those whose official situations give them access to the

very best information as to its extent and enormity, are corret,) is of the greatest magnitude, and calls aloud for the immediate attention of the executive government.

These assertions lead to a conclusion, that the frauds upon the public, including the embezzlements, pillage, and plunder of the public stores at Portsmouth and Plymouth alone, amount nearly to one million sterling a year during war, and to half that sum in time of peace

Incredible as this may seem at the first blush, it will not, upon reflection, aided by a minute and accurate knowledge of circumstances, appear to be an exaggerated estimate.

But whether it shall be precisely accurate or not, is of the less consequence, since it stands admitted as an incontrovertible fact, that the evil is enormous, and that the pressure upon the public, arising from the existing abuses, is increasing every year.

A remedy therefore ought to be administered: and it becomes the peculiar duty of Magistrates, who may have had access collaterally to develope these abuses, in the detection of offenders disposing of public property, not only to bring them to justice, but also to suggest what shall occur as the best means of prevention.

To understand how this is to be accomplished, it will be necessary to examine the nature and effect of the existing laws made for the protection of his Majesty's naval and military stores:

The acts of the 31st of Elizabeth, and the 22d of Charles II. made it felony, without benefit of clergy, to steal or em bezzle any of his Majesty's military or naval stores, or provi sions, above the value of 20s.

By the 9th and 10th of William, the receivers of embezzled stores, or such as should have the same in their custody, are subject to a penalty of 200l.

From this period, till the 1st of George II. the attention. of the Legislature does not seem to have been directed to this object; when by this statute, the principal officers or com missioners of the Navy, are authorised to issue warrants to search for public property stolen or embezzled, and to punish the offenders by fine or imprisonment.

A succeeding act, made the 9th year of the same reign, empowered the judges to mitigate the fine of zool. imposed on persons having in their possession public stores; and to punish the offenders corporally, by causing them to be publicly whipped, or kept at hard labour for six months in the house of correction, which certainly was a great improve

ment.

The laws on this subject were further amended by the 9th of his present Majesty, when the Treasurer, Comptroller, Surveyor, Clerk of the As, or any commissioner, might a&t as justices in causing offenders to be apprehended and prosecuted. These powers were given with a view to establish a greater degree of energy in detections: but experience has shewn that the purpose has not been answered.

The last act which relates to the protection of the public stores, was made the 12th year of his present Majesty's reign, (cap. 24.) and related solely to burning ships, warehouses, and naval, military, or victualling stores, in any of the dominions of the crown; which is made felony without benefit of clergy.

A very superficial view of the subject will demonstrate the insufficiency of those enumerated laws to the object of prevention. And even if they were complete, the task imposed on the public officers, who are on every occasion to act as justices, has proved from expe rience to be a measure ill calculated to attain the object in view, namely, the detection of offenders; otherwise the evil would not have encreased.

If the system of regulating the dealers in old metals, and second. hand naval stores and hand-stuff, as detailed in the eighth chapter *, shall be adopted and become a general law, or if it shall be extended to the places within ten miles of every dock-yard, it would have a most powerful operation in preventing many of the abuses which are now practised; provided also that the act of the 2d of his present Majesty, entitled, An A to prevent committing of Frauds and Thefis, by Persons navigating Bum-boats, and other Boats on the River Thames, be extended to Sheerness, Chatham, Portsmouth, and Plymouth, with such alterations and amendments as shall apply to local cir

cumstances.

And if, in order to give vigour and energy to the execution of these proposed laws, and the laws now in being, with such amendments as shall hereafter be proposed, a Police Office, with two able, intel. ligent, and active magistrates of tried virtue and integrity, shall be ́established at each of the dock yards, with proper officers under their direction; the multitude of persons who now support them selves by plunder would be compelled to become honest, whilst the saving to the nation would exceed all calculation.

Having said thus much, it may now be proper to enter into some detail of the most prominent abuses, in order to elucidate the exist ing evils, as well as what is to follow in the shape of a remedy.

Of the original work, entitled, A Treatise on the Police of the Metropolis.

« ՆախորդըՇարունակել »