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Dundas, Trotter and impeachment Henry Dundas is a key figure in the government of the country between 1784 and 1805. He comes from a notable Scottish family, and develops a notable legal practice in Scotland before being elected for Midlothian in 1774. For most of the American War he is one of the most consistent apologists for Government policy, while back in Scotland he builds up a network of support and patronage. Changes after the Yorktown defeat bring him into the Government in July 1782, as Treasurer to the Navy under the Earl of Shelburne. He now establishes a close link with the new Chancellor of the Exchequer, William Pitt. Dundas's attention is quickly drawn to subordinate Alexander Trotter.
One hesitates to describe Trotter as a mere clerk, although his salary at the time is only £50 per annum. Like Dundas, he has a notable Scottish pedigree. Family archives in Edinburgh reveal how in 1770, at the age of fifteen, he sails to Virginia, where he spends nearly six years; and how, on his return, he is offered a job at the Navy Office by the then Treasurer, Sir Gilbert Elliot, who happens to be related. Another relation is banker Thomas Coutts: his father and Alexander's were once partners in an Edinburgh bank.
At the end of 1785 the post of Navy Paymaster becomes vacant. Dundas appoints Alexander Trotter, who serves under him through the rest of his term. Trotter also takes on the role of his agent for some personal transactions. Their close relationship shows many years later when one of Trotter's sons is christened Henry Dundas Trotter. Trotter soon gets a chance to put his ideas on "improving Establishment at the Pay Office" into practice. Parliament demands changes following revelations about scandalous behaviour that may partly account for the Navy's disappointing performance in the war, and some practices are proscribed. One change that may or may not be Trotter's initiative is a move of the Navy Office from Crutched Friars to Somerset Place, bringing it close to Coutts' bank in The Strand.
Trotter obtains permission to use the bank to handle Navy funds, and sets up several accounts there. He uses the sums set aside for naval expenditure to make transactions for his own benefit: not an unusual practice at the time, but arguably outside the limits Parliament has set. In July 1788 Dundas and Trotter discover how Deputy Paymaster Adam Jellicoe has been misusing navy funds. A year later they take action to recover them, with traumatic consequences for Henry Cort. Dundas retires from the Navy Treasurer's post on 1st June 1800. He wishes to square off his balance before he leaves, previous Navy Treasurers having been strongly criticised for leaving with a balance in the red.
This write-off is signed by Treasury Secretary George Rose. The date quoted on the document appears to be 21st May 1800, but elsewhere in the reports of both the Select Committee and the earlier Commission of Naval Enquiry it is usually said to be 29th May: there is even one citation of 31st May. Possibly there is more than one version of the same document. The exact date may be significant, because Henry Cort dies on 23rd May. One can conceive that Dundas has been delaying his retirement while there is still a chance that Cort will be able to redeem some of the outstanding debt. Once this prospect disappears, there is no alternative but to seek a write-off. According to Matheson's biography of Dundas, the reason for his retirement has nothing to do with Cort or Jellicoe's death: rather the opportunity to take up a long-coveted post in Scotland. But a more sinister possibility has been suggested. Some people in the Government have something to hide. And here is their opportunity, now that Cort is out of the way. And later they destroy the evidence!
Plausible, but mistaken. The above extract cites a Commission of Naval Enquiry set up by a new administration during a period when Pitt is out of office (1801-4) to investigate supposed malpractices in the Navy department. Trotter is one of those giving evidence to the Commission. Their conclusions concerning Henry Dundas's term as Treasurer of the Navy appear in the Tenth Report, published early in 1805. By this time, Pitt is back in office, with Dundas (now ennobled as Viscount Melville) as First Lord of the Admiralty. The report contains much useful information about Adam Jellicoe. More politically significant, it exposes Trotter's supposed misdemeanours.
How far is his boss Melville implicated? A motion of censure is moved by Samuel Whitbread in the Commons on Tuesday, 9th April 1805, with strong support from Charles James Fox.
Melville is absent, since his place is in the Lords: but one of his sons is an MP. The debate produces one of the most dramatic scenes ever witnessed in the House, with implications for the Government because of the close relationship between Melville and Pitt. William Wilberforce is reckoned to be a close supporter of Pitt. But on this occasion he demurs, endangering the Government's majority.
The debate continues into the early hours. At five thirty, Wednesday morning, Speaker Abbot announces an adjournment before taking the vote. Time for sleep. Time for reflection. Time for persuasion. Time for worry. Later the same day, 10th April, the House reassembles. The vote is taken. The result is announced. For the motion, 216; against, 216. The Speaker must give a casting vote.
He supports the motion. As soon as news of the result reaches the Lords, Melville resigns. His replacement as First Lord of the Admiralty is Sir Charles Middleton. Whitbread, however, is not letting up. He moves that "instructions be given to the attorney-general to proceed legally against Lord Melville and Mr. Trotter"; and that an inquiry should begin into those parts of the Tenth Report not yet considered by the House. He is backed by petitions from many parts of the country. A Select Committee is set up to look further into the matter. It examines Trotter, William Pitt and others. The Lords refuse a request from Melville to let him testify. The Committee reports back to the Commons on 27 May, handing enough ammunition to Whitbread for him to move Melville's impeachment on 13 June. This time Melville obtains permission to present his version of events to the Commons. After a fierce debate, the motion is amended: members vote for him to face a criminal prosecution, rather than impeachment. But he is allowed to choose between the two procedures. He chooses impeachment before his peers, the House of Lords. The pace slows as matters become more technical. A further committee sits, to draw up articles of impeachment. They come up with eight (4th July). The Commons are not satisfied: by the time the trial begins, the number has risen to ten. But that is nearly ten months later. Why so long? Whitbread is preparing his case. His most valuable witness is Alexander Trotter, who has been pleading self-incrimination as grounds for not answering questions. Well then, give him indemnity. A bill laid before Parliament for this purpose attracts condemnation from the Lord Chancellor. Between August and November, Parliament is in recess. During this period comes news of a stupendous victory over the French at Trafalgar. Clearly sixteen years of supposed malpractice under Melville have not sapped the Navy's fighting capacity. In January the whole political scene is thrown into turmoil by the death of Pitt. The Government which takes office is a ministry "of all the talents", with relics of Pitt's administration teamed up with stars of the former opposition such as Fox. The case against Melville, pursued to harass Pitt and his ministers, has lost its sting. Westminster Hall is the scene where Lord Melville's trial opens on 29 April 1806. Whitbread heads the prosecution, ostensibly on behalf of the Commons. Melville has a powerful defence team, headed by Thomas Plumer. The House of Lords, some 135 strong, is the jury. The Prosecution's case takes ten days to present. The witnesses they call include clerks at the Navy Office, past Navy Treasurers or their representatives, and directors of Coutts Bank (including Alexander Trotter's brother, unimaginatively called Coutts Trotter). By contrast, the Defence calls only three witnesses. The main thrust of their evidence is that Melville has never gained anything improper from his subordinate's transactions, indeed has waived much of his ministerial salary. The Lords (have all of them been present for the full twelve days of the hearing?) hold a separate vote for each article. Melville is acquitted on all ten. He has not given evidence: the only clue the record gives of his presence is mention of a small bow given in acknowledgment of the verdict. But his public life is over. He retires to his Scottish estates. Not the only one to do so.
Meanwhile the proceedings against Melville have an impact on the Henry Cort story. Despite his acquittal, the aura of sleaze lingers. Fifty years later, Cort's sympathisers can point to Melville's supposed guilt, and accuse him and Trotter of maliciously ruining Cort. Reliable evidence suggests otherwise.
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The pages on this site are copied from the original site of Eric Alexander (henrycort.net) with his allowance. |