Folio 442: enclosure with folios 434-435. Copy of letter dated 6 March 1809 marked...

Folio 442: enclosure with folios 434-435. Copy of letter dated 6 March 1809 marked No 6, from W Sidney Smith, HMS Foudrayant, Rio [de] Janeiro, to The Respective Captains and Commanders. To take place tomorrow morning at daylight. A boat manned and armed from each ship is to go forthwith to HMS Lightning and rendezvous with the boats of HMS Agamemnon to attend the punishment of 2 Marines found guilty of offences contrary to the general Order of 19 May [1808]. The whole to act under the orders of the Lieutenant of the Flag Ship.

Folio 443: enclosure with folios 434-435. Copy of letter dated 6 March 1809 marked No 7 from Jonas Rose, HMS Agamemnon, Rio [de] Janeiro, to Sir W Sidney Smith, Rear Admiral of the White, Commander in Chief. On receipt of the memorandum of today he has enquired into the circumstances of the complaint against the 2 Marines. He cannot find sufficient cause for punishment on board their own ship and therefore as their Captain cannot allow any other person of whatever rank to inflict punishment on any man belonging to the ship he commands except by the legal mode pointed out by the General Printed Instructions.

Folios 444-445: enclosure with folios 434-435. Copy of letter dated 7 March 1809 marked No 8 from W Sidney Smith, HMS Foudroyant, Rio [de] Janeiro, to Captain Rose. Annotated that the letter was received at seas, by Lieutenant Parr on 14 March [1809]. As he has not obeyed his order conveyed in yesterday’s Memorandum he cannot allow the squadron to be delayed by the boats and has ordered them to return to their ships. The prisoners have lost the advantage of the mitigated punishment he imagined to prevent them being exposed to the effects of the breach of Portuguese law. Asks them to be informed that when the Civil Power claims them they must obey after the laws of their own country have had their full effect. James Pike is charged with quitting his post, being absent without leave, and violent conduct towards the natives of an allied country. Peter Weirs is charged with the same and theft. If they plead not guilty a Court Martial will be granted. If they plead guilty a Court Martial will not be require to pass the severer sentence of the law. He trusts he has not taken it upon himself to release them as prisoners on board.

Folios 446-447: enclosure with folios 434-435. Copy of letter dated 16 March 1809 marked No 9 from Jonas Rose, HMS Agamemnon at Sea, to Rear Admiral Sir W Sidney Smith, Commander in Chief. Replies to his letter of 7 [March 1809] received 2 days ago. He has communicated the contents to Marines James Pike and James Ware who asked him state that they wish to avoid a Court Martial if possible but cannot plead guilty to the theft. They admit they were absent at the time alluded to, but were never prevented from walking about when not immediately on guard. They had been relieved 2 days previously and were asked by the Midshipman on duty to look out for the boat coming for them on the beach. James Ware asserts he bought 4 fowls from a Black boy on the beach for 2 shillings. Therefore it only requires the theft and intoxication of Ware and the absence of both beyond the usual hour to be substantiated to cause them to be punished on board their own ship which is the legal mode of punishment except by sentence of a Court Martial. Returns the papers and letter as requested.