youths (particularly Mr. Collymore), I appeal to the breasts of this Hon. Court if the charge of cruelty can for a moment be substantiated against me.
“Mr. President and Gentlemen, I come now to the period when the offence of tricing up into the main-top is alleged against me; this occurred while lying at the Little Nore, and when the letters of these young gentlemen, applying for the discharge from the service, were under the consideration of the Board of Admiralty. I acknowledge the correctness of that part of the evidence as regards the tricing Mr. Collymore up in the main-top, which measure I beg to assure this Hon. Court I was compelled to resort to, in consequence of his direct disobedience of my orders, in the presence of the whole of my officers and ship’s company. And here I beg to state, that I consider it as a principle due to the discipline necessary to be maintained on board all of H.M. ships, that the opposition of an inferior to a superior, cannot be permitted without striking at the very root of discipline; and I have further to observe, that such a course of punishment has been, and still continues to be, customary in the service. I was induced to order the first lieutenant to see him seized to the rigging, in deference to his feelings, because he was yet in the situation of an officer.
“I now beg to state to you, Mr. President and Gentlemen of this Hon. Court, the circumstance of my ordering Mr. Collymore to be placed in irons. I have stated in the outset of my defence, Mr. Collymore had frequently quitted the ship without leave, and I considered he would do so again, in opposition to all the advice and the orders I had given to him; I also conceived his mutinous behaviour and gestures exhibited towards myself on this occasion, called for great severity of punishment; I was therefore compelled to order him, repugnant as I felt it was to my feelings at the moment, to be placed in irons, the severity of which order was far more in idea than in reality, for it appears by the sworn evidence of Serjeant Lees, that he was so confined, for the space only of four hours and a half, namely, from 4 p.m. to half-past p.m. of the same evening, thereby disproving his charge that he was confined in irons one night and part of two days. Here, sir, allow me to remark, that Mr. Collymore had, by his disgraceful behaviour in the Childers, forfeited the good wishes and opinions and respect of all the officers and ship’s company, who had witnessed, in so many instances, his insubordinate and unofficerlike conduct, and who had heard him acknowledge having committed the outrage I have described, which he, but a few hours previously, in their presence, denied all knowledge of.
“Mr. President and Gentlemen, I beg to observe, that I am not aware that I am deprived, as a commander of one of H.M. ships of war, of the power of putting any petty officer or seaman in irons, whose conduct, from disobedience of the positive orders of his superior, amounts to a species of mutiny, and consequently demands severity of punishment.
