please the court. Sir, after having devoted the greater part of my life to the service of my king and country, I am brought before you to vindicate my conduct upon a charge so extraordinary in its nature as was ever submitted to the interrogation of a court-martial—that with means placed at my disposal for a successful attack against the possessions of the enemy, instead I should have suffered my command to remain inactive.
“Notwithstanding this singular view, it is my intention to demonstrate to the court that, far from being a rash adventure conducted on an impulse, this has been an operation of long consideration, carefully planned and authorised at the highest level, the prime minister himself terming it his ‘favourite object.’ I shall bring to the attention of the honourable members of this court memoranda and dispatches that reveal my actions to be sanctioned by ministerial knowledge and approval.
“In this, was I not doing my duty in the interest of my country? As to the accusation that I quit my station without leave, I can only point to more illustrious commanders than myself who, in the recollection of members here sitting, have seen with the daring spirit of enterprise an opportunity to further gallant achievement beyond a passive acceptance of their situation.
“I beg leave to mention the
coup de main
of Admiral Rooke who, having no orders to do so, in bold enterprise seized Gibraltar for the British Crown. And in the late war, in 1793, Lord Hood took it upon himself to enter Toulon and move upon Bastia. That we had insufficient force to hold them does not diminish his achievement. Neither was he made subject of imputation.
“At a later date we find Lord St Vincent, then Sir John Jervis, sent the heroic Nelson to attack Tenerife in the mistaken belief that treasure ships were sheltering there, which as we know met with dolorous consequences. This was undertaken without orders from any superior authority and outside the limits of his command. Certainly no judicial inquiry or public censure ever followed the enterprise.”
The shot hit home: the prosecuting counsel’s face tightened but Popham went on in measured tones.
“And I need hardly remind the honourable members of the action of the gallant Lord Nelson himself in leaving his station to pursue Villeneuve to the West Indies. I quote from his letter at the time from Martinico. ‘I had no hesitation in forming my judgement, and I flew to the West Indies without any orders, and I think the ministry cannot be displeased.’ I believe it unnecessary to state that the country as a whole rejoiced at his so doing.
“In short, it is that officers with independent command cannot be fettered by the literal tenor of the orders given them. A command such as mine is, from its very nature, discretionary in the very comprehensive meaning of the word.”
He accepted a sheaf of papers handed to him by his counsel. “Honourable gentlemen, I have here sufficient evidence for my stand. That my project was known at cabinet level and that I acted with due discretion in the discharge of my duty. May therefore these be read into the record.”
“And this is the documentary evidence for your defence?”
“It is, Mr President.”
“Very well. Judge Advocate?”
One by one they were read out in open court, Jervis in ill-natured debate challenging their legitimacy as evidence, demanding corroboration, sarcastically questioning their relevance. But it appeared that Popham indeed had had the ear of the greatest in the land.
The picture they gave was of Popham moving in the very highest circles—accounts of his dealings with Miranda, the Venezuelan revolutionary, and early plans for a joint attack on Spanish South America. Letters from Pitt demanding more details, military estimates to meet secret plans, correspondence with the Admiralty and, in fact, the first lord himself on the subject.
“We will now call witnesses.”
The president of the court picked up
Terry Brennan
Courtney Collins
T. S. Joyce
Audrey Harrison
Liz Fielding
Robert Bryndza
Philippa Gregory
Greil Marcus
Helenkay Dimon
J.T. Cameron