AAR September "Disaster in the Fog"

[Bos'n]

Well he can get off the Court Martial on one count, as I said in the Admiralty orders that in the event of Fog it would be better for ships to sail in LOB. As for the order of sailing, I expect it was laid down somewhere in the standing orders. Not turning to face the enemy was, however, questionable.
Bligh.

Rob,

If you were Commodore Samuel Nicholson's advocate how would you defend him to keep these accusations from making it to a full court martial? Put on your lawyer's hat and save this man. What you come up with could determine if he returns in 2017 and in what capacity. Plead his case, my man!

Can't wait to hear from you.

[Bligh]

Rob,

If you were Commodore Samuel Nicholson's advocate how would you defend him to keep these accusations from making it to a full court martial? Put on your lawyer's hat and save this man. What you come up with could determine if he returns in 2017 and in what capacity. Plead his case, my man!

Can't wait to hear from you.

I have looked at his case Bob, and whilst I can defend him on the two first actions, in no way can he be defended on the statement that he included in his battle dispatches to the Admiralty:-

"I have no direct understanding what occurred to the ships behind Constitution, except to say that the flash and booming of cannons erupted all along the line. Constitution, with United States in front of her, could do nothing but sail forward. Should we have turned to aid our comrades we would have been mistaken for the enemy and been unable to tell friend from foe, perhaps firing on our own ships by mistake. So on we sailed."

I am not sure what the Articles of War for the United States of America say, but it is quite clear in the British ones, that his clear duty in such circumstances is to come about, and regardless of all hazard, succor his nearest friendly vessel. The penalties for failure in this respect are also quite clear.
The damage returns for the Constitution and United States, would also be looked upon with a jaundiced eye by any Court martial, as by English standards of the time, the greater the Butchers' Bill the greater the victory.

To the end of saving your Commodore, I,therefore, humbly submit that you need a much more experienced advocate than myself to conduct his defence.
Bligh.