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AND CONTINUED BY ADJOURNMENT TO TUESDAY, MARCH 15.
BLANCHARD AND RAMSAY,
Short-Hand Writers to the Court,
AND PUBLISHED FROM THEIR NOTES:
A CORRECT COPY OF THE DEFENCE,
As delivered into Court,
THE RIGHT HONOURABLE
THE JUDGE ADVOCATE'S REPLY.
ALL THE DOCUMENTS PRODUCED IN EVIDENCE.
TON STREET ; WILKIE AND ROBINSON, PATERNOSTER ROW;
AVE MARIA LANE; AND J. BELL,
Sir George Nugent,
Sir John MOORE, K. B.
The Warrant for holding the Court, together with the
charges against General Whitelocke, were read by the Judge Advocate.
FIRST CHARGE.—That Lieutenant-General Whitelocke, haying received instructions from his Majesty's principal Secretary of State to proceed for the reduction of the province of Buenos
Ayres, pursued measures ill calculated to facilitate that conquest: that when the Spanish Commander had shown such symptoms of a disposition to treat, as to express a desire to communicate with Major-General Gower, the second in command, upon the subject of terms, the said Lieutenant-General Whitelocke did return a message, in which he demanded, amongst other articles, the surrender of all persons holding civil offices in the government of Buenos Ayres, as prisoners of war: that the said Lieutenant-General Whitelocke in making such an offensive and unusual demand, tending to exasperate the inhabitants of Buenos Ayres, to produce and encourage a spirit of resistance to his Majesty's arins, to exclude the hope of amicable accommodation, and to increase the difficulties of the service with which he was intrusted, acted in a manner unbecoming his duty as an officer, prejudicial to military discipline, and contrary to the Articles of War.
SECOND CHARGE.That the said Lieutenant-General Whitelocke, after the landing of the troops at Ensenada, and during the march from thence to the town of Buenos Ayres, did not make the military arrangements best calculated to ensure the success of his operations against the town, and that having known, previously to his attack upon the town of Buenos Ayres upon the 5th July 1807, as appears from his public dispatch of the loth of July, that the enemy meant to occupy the flat roofs of the houses, he did nevertheless, in the said attack, divide his forces into several brigades and parts, and ordered the whole to be unloaded, and no firing to be permitted on any account; and, under this order, to march into the principal streets of the town unprovided with proper and sufficient means for forcing the barricadoes, whereby the troops were unnecessarily exposed to destruction, without the possibility of making effectual opposition ; such conduct betraying great professional incapacity on the part of the said Lieutenant-General Whitelocke, tending to lessen the confidence of the troops in the judgement of their officers, being derogatory to the honour of his Majesty's arms, contrary to his duty as an officer, prejudicial to good order aná military discipline, and contrary to the Articles of War.
THIRD CHARGE.That the said Lieutenant-General did not make, although it was in his power, any effectual attempt, by his own personal exertion or otherwise, to co-operate with, or support, the different divisions of the army under his command, when engaged with the enemy in the streets of Buenos Ayres en the 5th of July 1807; whereby those troops, after having encountered and surinounted a constant and well directed fire, and having effected the purport of their orders, were left without aidand support, or further orders, and considerable detachments under Lieutenant-Colonel Duff and Brigadier-General Craufurd were thereby compelled to surrender; such conduct on the part