by John Marshall

“ He deplores with the utmost contrition, that unhappy violence of temper, which, acted upon by sudden and irresistible provocation, has led him, when threatened with actual personal outrage, to forget that he was an officer, and to remember only that he was a man, and by no means a coward, or one that would shrink from the personal violence of any man under heaven. To your Lordships, as men of high personal courage, he appeals for indulgence to this instance of human frailty. ”

“ To such of your Lordships as are officers, and have been in his situation, he puts his case, and implores you to consider candidly the insolent abuse frequently offered by the low-bred masters of merchantmen, whose violence there is no law to punish, and whose vulgar excesses there are no feelings, except the fear of personal chastisement, to restrain. He asks your Lordships, whether allowance may not be made for a captain of one of his Majesty’s ships having his passions worked up almost to frenzy on such an occasion as that ”

“ The 23d article of war recites, ‘that if any person in the fleet shall quarrel or fight with any other person in the fleet, or use reproachful or provoking speeches or gestures tending to make any quarrel or disturbance, he shall upon being convicted thereof, suffer such punishment,’ &c. ”

“ Your Lordships will be unable to discover the cause of the virulent malice, which so obviously pervades the whole of the charges, without a short explanation of the motives and character of the prosecutor. Lieutenant Charles Letch had sailed several years with your memorialist, and had enjoyed his confidence in a very great degree; Lieutenant John Kent had also been two years in the Hermes. ”

“ Eight smuggling vessels, one French privateer [6] , one merchant brig laden with sugar, one ditto with marble, one ditto with wine, and two Dutch ships with cargoes of colonial produce. He also recaptured a Newcastle collier.
For his activity while holding these two commands. Lieutenant Browne was promoted into the Charwell of 18 guns, Sept. 25, 1806; and we shortly afterwards find him commanding the Plover sloop of war, in which ship he detained six homeward bound Danish West Indiamen, eleven other merchant vessels laden with timber, wine, fruit, and salt, and one brig in ballast. ”

“ He also made one recapture; ran down la Mouche French privateer, mounting 14 guns, with 51 men on board, of whom 39 perished [7] ; and’ assisted at the capture of the Sword Fish, American privateer, of 12 guns and 82 men [8] .
In 1813, the Hermes escorted a fleet of merchantmen to South America, from whence she returned home, in March, 1814. On the 30th of that month, a court-martial was assembled at Plymouth, for the trial of Captain Browne, on seven distinct charges preferred against him by his first Lieutenant, Mr. ”