gallant officer also proved, that on the morning of the 23d, three of the enemy's ships were disabled, either by the loss of the head of the bowsprit, a fore-yard, or a main-topsail-yard, and three or four others were shifting their topsails; but he admitted that their situation was not reported to the Admiral. Captain Inman being asked, by the court, whether, on being ordered to chase by the Vice-admiral, he had not made the signal of inability? he nobly replied, "No; I did not consider it a time to make a signal of distress or inability." Here the evidence for the prosecution closed.

Sir Robert rested his defence, in the first instance, on his having defeated the enemy's fleet of superior force; secondly, in the vast superiority of the enemy in ships, at that time known either to be at sea, or ready for sea, in the ports of Rochefort, Ferrol, and Corunna, amounting in all to a force so far superior to his own, that, even in the opinion of the brave Cornwallis, he ought not to have exposed himself to them after their reinforcement.

The Vice-admiral dwelt with considerable emphasis on the consequences of a defeat; the ruin of his fleet, the invasion of Ireland, perhaps of England, for which Napoleon was at that time making every preparation. The court did not enter into this view of the question, but on the 26th of December gave the following sentence :

At a court-martial assembled and held on board his Majesty's ship, Prince of Wales, in Portsmouth harbour, on the 23d day of December, 1805, and continued by adjournment from day. to day until the 26th of the same month.

Pursuant to orders from the right honourable the lords commissioners of the admiralty, dated the 15th day of November last, and directed to the president; setting forth that Sir Robert Calder, bart. vice-admiral of the blue, had, by his letter to their lordships' secretary, dated the 13th day of September last, requested, for the reasons therein mentioned, that an inquiry may be made into his, the said Vice-admiral's, conduct, on the 23d day of July last, the day after the engagement with the combined fleets of France and Spain; or upon the whole or such part thereof (when in presence of the enemy) as should appear for the good of his Majesty's service, and for enabling him to give his reasons publicly for his conduct on that occasion.

And that their lordships thought fit, in compliance with the Vice-admiral's request, and for the reasons mentioned in his said letter, that a court-martial should be assembled, for the purpose above-mentioned, and for inquiring into the whole of the Vice-admiral's conduct and proceedings on the said 23d day of July, and into his subsequent conduct and proceedings, until he finally lost sight of the enemy's fleet; and to try him for not having done his utmost to renew the said engagement, and to take and destroy every ship of the enemy which it was his duty to engage. The court proceeded to inquire into the conduct and proceedings of the said Vice-admiral Sir Robert Calder, with his Majesty's fleet under his command, on the said 23d day. of July last; and also into his subsequent conduct until he finally lost sight of the enemy's fleet; and to try him for not having done his utmost to renew the said engagement, and to take or destroy every ship of the enemy which it was his duty to engage : and having heard the evidence produced in support of the charge, and by the said Vice-admiral Sir Robert Calder in his defence, and what he had to allege in support thereof, and having maturely and deliberately weighed and considered the whole; the court is of opinion, that the charge of not having done his utmost to renew the engagement, and to take and destroy every ship of the enemy, has been proved against the said Vice-admiral Sir Robert Calder; that it appears that his conduct has not been actuated either by cowardice or disaffection, but has arisen solely from error in judgment, and is highly censurable, and doth adjudge him to be severely reprimanded; and the said Vice-admiral Sir Robert Calder is hereby severely reprimanded accordingly. Signed by the Court, and

MOSES GREETHAM, The Deputy Judge Advocate.

The sentence was evidently unexpected by the friends of the Vice-admiral. Sir Robert retired from the court overwhelmed with grief and mortification. How different would have been his fortune in life, and his character in history, had he taken the prophetic advice of Nelson. Calder never wanted bravery, but he had not that prompt decision of character so necessary to form a perfect sea-officer. His victory, in 1795, would have gained him a peerage: ten years of successful naval war, had taught us to expect more; and the splendid battle of Trafalgar placed most of our sea-fights in the shade. By that battle the navy learned the invaluable lesson, that nothing was considered done, while any thing remained to do.

Sir Robert Calder was a plain honest seaman, a zealous and an honourable man. His judges made a very just discrimination by imputing his failure to error in judgment: and Mr. Yorke, the first lord of the admiralty in 1810, appears to have felt for him, as an officer whose faithful services had not been requited by his country; he therefore kindly offered him the command at Plymouth, which Sir Robert accepted, and held for three years. He died in 1818, leaving a numerous circle of friends to lament his death and his misfortunes.

After the conclusion of the action, the combined fleets went into Ferrol, and thus terminated the threat of invasion. Napoleon immediately turned his forces towards the plains of Jena and Austerlitz, glad of an excuse to relinquish the more dangerous enterprise of invading Britain. From Fer

rol and Corunna the French Admiral collected his ships and pushed on for Cadiz, whence he chased off Vice-admiral Collingwood, at that time (previous to Calder's joining him) with only three sail of the line. Collingwood stood to the southward, and allowed his powerful enemy to run once more into that port, whence in a few days he was destined to issue forth for the last time. As soon as Villeneuve had anchored, Collingwood resumed his station, and never quitted it until the great event of the 21st of October released him from farther anxiety, and rewarded his vigilance with unfading renown.

Circumstances of less importance, but of national interest, must now occupy a small portion of our attention.

Between the battles of Ferrol and Trafalgar there occurred one of a minor, but of a very interesting nature. Two well-manned frigates encountered each other off Cape Finisterre; these were the Phoenix, of thirty-six guns, commanded by Captain T. Baker, and La Didon, which, to speak with candour, was a much larger ship; she had three hundred and thirty men, and carried twenty-eight French eighteen pounders on her main-deck, twelve thirty-six pound carronades and four long nines on her quarter-deck and forecastle. Captain Baker calls her a frigate of forty-four guns; if this be admitted, we must give nearly the same denomination to the Phoenix, which, including her carronades, we believe mounted forty-two guns, but was inferior in number of men; having only two

hundred and sixty-four. The action took place on the 10th of August, in lat. 43° 16' N. and long. 12° 14′ W. it was well contested, and bore much resemblance to the celebrated affair between the Blanche and Pique. It lasted three hours, and so well was the enemy's ship fought, that Captain Baker and his gallant crew had no very easy task to gain their prize. After a considerable slaughter on both sides, the larboard bow of the Didon came in contact with the starboard quarter of the Phoenix, a position which the enemy gallantly retained for three-quarters of an hour, and with his musketry did great damage to his opponent; but by the superior coolness of the British officers, and the use of their aftermost guns, the Didon was at length silenced and taken. She had twenty-seven men killed and forty-four wounded; the Phoenix had fifteen killed and twenty-eight wounded. The Didon, it appears by the letters of Napoleon, either then was, or recently had been, charged with important despatches connected with the expedition of Villeneuve. She was entirely dismasted, and taken in tow by her victorious adversary, after which both had a narrow escape from the combined fleet; and Napoleon reflected on Villeneuve for not having at least retaken the French frigate. It is singular that for this action Captain Baker did not receive any particular mark of approbation, and shortly after greater events occupied the public mind and absorbed its whole attention.

A small action, however brilliant, is unfortunately timed, if it come too near a great one; it is