Allow me, in the first place, to point out to the court, that the
charges against me are spread over a large space of time, amounting to
nearly eighteen months, during the whole of which period Captain Hawkins
never stated to me that it was his intention to try me by a
court-martial; and, although repeatedly in the presence of a senior
officer, has never preferred any charge against me. The articles of war
state expressly that if any officer, soldier, or marine has any
complaint to make he is to do so upon his arrival at any port or fleet
where he may fall in with a superior officer. I admit that this article
of war refers to complaints to be made by inferiors against superiors;
but, at the same time, I venture to submit to the honourable court that
a superior is equally bound to prefer a charge, or to give notice that
the charge will be preferred, on the first seasonable opportunity,
instead of lulling the offender into security, and disarming him in his
defence, by allowing the time to run on so long as to render him
incapable of bringing forward his witnesses. I take the liberty of
calling this to your attention, and shall now proceed to answer the
charges which have been brought against me.
"I am accused of having held a conversation with an inferior officer on
the quarter-deck of his Majesty's brig _Rattlesnake_, in which my
captain was treated with contempt. That it may not be supposed that Mr
Swinburne was a new acquaintance, made upon my joining the brig, I must
observe that he was an old shipmate, with whom I had served many years,
and with whose worth I was well acquainted.
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