"Sir,—We have heard with regret and disappointment, that his excellency General San Martin has been pleased to order that the name of this ship shall be changed, and that she shall henceforward be known under the appellation of the Valdivia. We regret that in the squadron of Chile the immortal memories of Lautaro and Galvarino, who have, ages past, been sacrificed on the ashes of the aspiring liberty of their country, and the names of their surviving countrymen, O'Higgins and San Martin, (the avengers of their wrongs, and the restorers of their rights) should be associated with 'Valdivia,' a Spaniard who has shed such torrents of American blood, the conqueror and enslaver of Chile, and founder of the city which bears his name; and we are disappointed to find nothing in the new name commemorative of the capture of the Esmeralda, but that it has been made subservient to the celebration of another victory over the enemy, which, although we had the misfortune not to participate in it, yet claims our admiration and gratitude, but which bears no more relation to the capture of this ship, than the battle of Chacabuco does to that of Maypo; and, what would the victors of Maypo have thought had that memorable event borne the name of Chacabuco! It is further to be remembered, that very few of the captors of the Esmeralda took part in the affair at Valdivia.—We are fully aware, that there are instances in the squadron of ships being named after particular victories, (viz. Chacabuco) but these were bought into the service by the property of the state; the Esmeralda was purchased by the blood of her subjects.—If the Esmeralda be destined to lose the name under which she was captured, we express a hope that she will bear one more consonant to the feelings of those by whom the service was achieved, than that which has been selected. We have not had an opportunity of communicating with our brother officers of the squadron, and these remarks are to be understood as individually our own; we trust however that they will not appear to yourself or to the commander in chief irrelevant with the interest which we must always take in every thing in which the glory and prosperity of the navy of Chile are concerned.—May we beg, therefore, that you will take the earliest opportunity of bringing the subject before the admiral and his excellency general San Martin, for their consideration. (Signed.) Robert Bell, Lieutenant, H. C. Freeman, Lieutenant, J. M. Michael, Surgeon, James L. Frew, Purser, Hugh Jerome Kernan, Assistant Surgeon."
This letter, and the subsequent behaviour of the officers, obliged the admiral to order them under an arrest, and to exhibit charges against them for their trial by a court martial, which was held on the second of March. The charges were "For having, by their letter bearing date the second of February, 1821, addressed to Martin George Guise, Esq., combined falsely to represent to the said Martin George Guise, Esq., captain in the naval service of Chile, and on divers other occasions, that the appellation of the 'Valdivia,' given to the frigate Esmeralda was in disrespect to, and derogation of, the names of O'Higgins and San Martin, and thereby to excite dissatisfaction against the admiral and commander in chief, in commemoration of whose service in the capture of the fortifications of 'Valdivia' the said name was given to the 'Esmeralda.' For attempting to excite dissatisfaction against their aforesaid superior officers, by misrepresenting the name of the fortress of 'Valdivia,' so given in commemoration of useful services, as the name of a man whom the said officers further, with the intent aforesaid, have pronounced to be a Spaniard who shed torrents of American blood; and moreover, that the said officers did further, with the intent aforesaid to create dissatisfaction against the superior officer, falsely represent the person named Valdivia to have been the enslaver of Chile. That the said officers did hold various conversations derogatory to the vice-admiral of Chile, their commanding officer, and unnecessarily and impertinently did interfere in the matter of naming the 'Esmeralda,' contrary to the rules and subversive of the discipline of the naval service of the state."
The sentence given by the court was, that "James M. Michael, Surgeon, and James Frew, Purser, be dismissed the naval service of the state; and Robert Bell, Lieut., Henry C. Freeman, Lieut., and Hugh J. Kernan, Assistant Surgeon, be dismissed their ship, to be severely reprimanded and admonished by the court, but to be recommended by the court to the commander in chief for other appointments. (Signed) Robert Forster, President, W. Wilkinson, T. Sackville Crosbie, William Prunier, Henry Cobbett."
During the arrest of the officers of the Valdivia, Lord Cochrane wished to make an attack on the vessels of war, blockships, gunboats, and fortifications of Callao, and communicated the order for the same on the twentieth of February, which order to Captain Guise was answered by a private note to his lordship, stating, that he could not think of entering on this service with any officers except those under arrest, and that in case they were not permitted to rejoin their ship for this attack, he must resign the command of her, and begged Lord Cochrane to appoint another person to the command. The admiral answered Captain Guise, that he could not appoint another person to the command of the Valdivia, nor admit the resignation of Captain Guise on a private solicitude, nor even on an official one, without some reasons being alleged. Captain Guise now wrote officially, stating the refusal of Lord Cochrane to be a sufficient motive for his resignation, and expressing a request to be permitted to accompany his officers to head quarters, and tender his commission to General San Martin. His letter was also accompanied with one from the petty officers of the Valdivia, who refused to serve under any other commander than himself. After some further correspondence Captain Guise informed Lord Cochrane that he had given the command of the Valdivia to Lieutenant Shepherd, and considered himself superseded. The admiral, for the fourth time, sent Captain Guise an order to act as commander of the Valdivia, requiring a categorical answer to "whether he would or would not obey his orders, and signal to weigh, made four hours previous to this communication," again requesting some grounded reason for his resignation. The order to weigh was on service of importance, and Captain Guise refused to obey it, repeating, that his officers having been separated from his ship, he could not act, and had given over to Lieutenant Shepherd the command of the Valdivia.
On the twenty-second of February Lord Cochrane ordered Captain Spry to proceed in the brig Galvarino to the rendezvous off Chorillos, which order was answered by Captain Spry, who requested leave to resign the command of the Galvarino, as "his friend Captain Guise had been obliged to resign that of his ship," and alleging that he held no appointment from the Chilean government. Lord Cochrane demanded his motive for this letter, and why, without the appointment alluded to, he had exercised the authority of commander of the brig. The answer was, that "I (Captain Spry) entered the Chilean navy conditionally, to serve only during the period of the services of Captain Guise, under whose patronage and protection I left England;" that his appointment was a verbal one from the governor of Valparaiso, when he received his commission of Captain. He added a desire to be permitted to go to head-quarters at Huacho, and explain his conduct to General San Martin, concluding "if Captain Guise is compelled to resign the command of the Valdivia, I am determined no longer to hold that of the Galvarino." Captain Spry was placed under an arrest on the twenty-second of February, on charges to be exhibited, and such was the state of mutiny on board the Galvarino, that Captain Crosbie, of the flag-ship, was ordered to anchor her in a safe situation, which induced Captain Spry to write to the Admiral, stating, that as he had been superseded by Captain Crosbie, he considered himself on half-pay, and free from the jurisdiction of the martial law. His letter was answered by an assurance, that he was not superseded; but that having disobeyed the orders given, and declared his determination not to hold the command of the Galvarino, Captain Crosbie had been ordered to anchor her on the starboard beam of the O'Higgins, this appearing necessary from the state of the crew of the brig, and that he was not superseded in consequence of his said determination, nor had he gone through the usual forms of delivering up the brig. Captain Spry again insisted on his exemption from martial law; but finding the Admiral determined to bring the affair to the decision of a court-martial, of which he was aware that if the sentence were consonant with the crime, and according to the ordinances of the navy, he would never leave the deck of the brig, he now expressed no objection to being tried by his brother officers, who were "neither prejudiced nor interested."
The charges exhibited by the commander in chief were "for neglecting or refusing to proceed on service in the Chilean state brig Galvarino, pursuant to an order of the commander in chief, both verbally, and in writing, given on or about the twenty-second of February, 1821, in breach of the 14th article of war, made and provided.—For having contrary to his duty as an officer written or caused to be written, a certain letter to his commander in chief, signed John Tooker Spry, further declining, or refusing to proceed on the duty so ordered, or longer to serve than during the period of the services of Captain Guise, under whose patronage and protection he had left England, and for setting forth in the said letter, that if Captain Guise was compelled to resign the command of the Valdivia, he the said John Tooker Spry would no longer hold the command of the Galvarino; thereby delaying and discouraging the service, in breach of the 14th article of war.—That the said John Tooker Spry did by his conduct aforesaid, hold forth an evil example to his ship's company (who immediately thereafter did in writing and otherwise, refuse to weigh anchor until certain grievances, which they did not set forth in the said writing, should be redressed), the same being subversive of all discipline and subordination, and in violation of the 14th article of war, made and provided."
The sentence of the court-martial was, that "John Tooker Spry be dismissed the command of the brig Galvarino, be placed at the bottom of the list of captains, and be severely reprimanded by the court."
On the fourth of March Captain Guise communicated to Lord Cochrane, that Captain Spry having been dismissed the service by sentence of a court-martial, he requested permission to accompany him in his own boat to Huacho, which Lord Cochrane informed him he could not allow at that critical moment. On the sixth the two captains and the officers went down by the O'Higgins to head-quarters, where Ld. Cochrane on the twelfth again offered to Captain Guise the command of the O'Higgins, which he refused, as also ever to serve under Lord Cochrane again.
The whole of this affair was the result of what had passed at Valparaiso, before the expedition quitted that port; and from several circumstances connected with the conduct of these officers, and their publicly asserting, that General San Martin would not swerve from his promises made to them, their firm reliance on his support and patronage, as well as the subsequent behaviour of the general himself, evinced that he had been the entire instigator of what had passed at Valparaiso in July and August, 1820, both on the part of the Chilean government, and on that of the different officers who then and there misconducted themselves. He well knew that he could not tamper with Lord Cochrane, whose honourable feelings would not allow him to deviate from that line of conduct which had marked the whole tenour of his public life: and had not the officers of the squadron stood forth in support of their commander in chief, his tender of his commission would have been accepted by the government.