Captain Berkeleywished, in the first place, to correct an error which had appeared in the votes respecting a notice which he had given. It was stated that he intended to move for papers relative to the case of Mr. Elton, whereas he only intended to ask some questions of the gallant Admiral opposite. The first question was, whether the Admiralty was satisfied with the conduct of the court martial in the case of Mr. Elton; the second was, whether the Admiralty approved of the conduct of Captain Williams; and, thirdly, whether the release of Mr. Elton was not an act of clemency on the part of the Admiralty.
§ Sir George Cockburnthought, that he could give a satisfactory answer to the questions of the hon. Gentleman. In answer to the first question, he could safely say, on the part of the Admiralty, that a more honourable or able assembly of officers could not be got together, than the officers who formed the court martial, and the Admiralty had not the least doubt that they felt themselves fully justified in the proceedings which they took. To the second question which related to Captain Williams, he believed he could say for the 721 Board of Admiralty, that it was impossible for any officer to stand higher in their estimation than he did. The board had also lately received a letter from the admiral commanding on the station, in which he said that he was perfectly satisfied with the part taken by Captain Williams in the proceedings. With respect to the third question, as to whether it was an act of clemency on the part of the Admiralty to release the unfortunate gentleman, he would only reply, the board found that this gentleman having been considered in confinement on his way home, on his arrival in the Marshalsea, it thought that the interests of the service would be satisfied by his release. This was the only inducement of the Admiralty to order his release. He hoped that his answers were satisfactory.
Captain Berkeleysaid, that no doubt the gallant Admiral's answers would prove satisfactory to the officers forming the court martial, and also to Captain Williams.
§ Mr. Jerviswished to know by what law an officer could be dismissed the service, and then sentenced to be imprisoned.
§ Sir G. Cockburnreplied, that it was part and parcel of the sentence, and though the dismissal took place before the imprisonment, he apprehended it was perfectly legal.