As his biography and obituary attests, Captain Charles Raitt had a long and illustrious career as master of the East India Company ship, the Earl Spencer. However, it appears that his career may have come to a less than glorious end following a Court of Enquiry held in Calcutta in March 1804 into his behaviour onboard the Earl Spencer.

I was contacted by Alec Berry who had come across my page on Other Raitt Mariners (not from Arbroath) which included Charles Raitt (1756-1836) when he was exploring the background of William Balcombe, who was for a time the purveyor to Napoleon at St Helena. The paths of Charles Raitt and William Balcombe crossed when they both served on the East India Company’s ship Earl Spencer. Alec - who is not related to either the Raitts or the Balcombes - has provided me with some interesting additional genealogical material (to be included on the new, planned, Dundee Raitts page) and details of Charles Raitt’s career at sea. The latter is less readily accessible since it is taken from the East India Company’s records held at the British Library (India Office Records IOR/P/156/56-58). In addition, he has also furnished me with the proceedings of a Court of Enquiry held at Calcutta which may have hastened the demise of Captain Raitt’s career. Alec has kindly given me permission to include the information he has uncovered and I have used his summary below.

In brief, it would seem that William Balcombe was greatly offended by a letter written to him by Captain Raitt about his conduct. The bald facts ensuing were: William Balcombe thereafter publicly insulted Captain Raitt on deck on the Earl Spencer; Captain Raitt then struck William Balcombe on deck; William Balcombe retaliated by striking Captain Raitt on deck; Captain Raitt suspended William Balcombe as 2nd mate and confined him to his cabin. William Balcombe was found guilty on several charges at a Court of Enquiry held at Calcutta from 1-10 March 1804; he was removed from the Earl Spencer on 26 March 1804 and sent back to England on the Maria. (Alec has not traced any consideration of the findings of court of enquiry by the East India Company in England beyond the annotations mentioned above and below, or any response by the Court of Directors to the Bengal Presidency.)

More generally it would seem (notwithstanding the eulogy in the Dundee Courier after his death) that Captain Raitt may not have been greatly liked or respected: all bar one of his officers and most of the ‘fare paying passengers’ signed a petition to Captain Raitt in support of William Balcombe. It can safely be assumed that the Court of Enquiry would have been extremely reluctant to do other than uphold the commander’s authority, yet they also criticised Captain Raitt for striking William Balcombe. It is likely that Captain Raitt very probably returned to England ‘under a cloud’ and it is perhaps no coincidence that he did not make another voyage for the East India Company. As regards William Balcombe, he had ended his previous voyage on the Earl Spencer as acting chief mate and may have been disappointed not to have been taken on again in that capacity. He may well have been less than conscientious in following orders and a less than loyal subordinate in that he consulted junior officers and warrant officers rather than the chief officer about Captain Raitt’s letter. Captain Raitt and William Balcombe seem to have been somewhat incompatible characters. It is perhaps surprising that Captain Raitt should have accepted William Balcombe as an officer for a second voyage and that William Balcombe should have wished to sail on that voyage under Captain Raitt.

I have found it interesting to quote some extracts from the Court of Enquiry provided to me by Alec Berry to give an idea of the formality and procedures involved as well as an insight into shipboard life and characters. It starts off with a letter from Captain Charles Raitt to C. R. Cromellin Esq, Secretary to Government.

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Fort William 16th February 1804

At a Council ...

No 29     Commr of HCS Earl Spencer

Commander of the Honble Company’s Ship Earl Spencer

C[harles] R[ussel] Cromellin Esq Secretary to Government

Sir

I beg leave to acquaint you for the information of the Honble [Honourable] the Governor in Council of the safe arrival of the Honble Company’s Ship Earl Spencer under my Command under Convoy of HM Ship Grampus of 50 Guns, Captain Caulfield, in company with the Honble Company’s Ships as follow Lord Melvile {Melville] Princes[s] Mary Northampton and Bengal Ann Country Ship, left England 30th June and Rio Janeiro 16th October, have met with nothing since we left the latter place but a small American off the Cape going in, HM Ships Albion and Septre [sic] left Rio with us and parted from us on the 20th of October for Madras, HM Ship Russell together with Honble Company’s Essex Glory and Ann parted from us on the 19th January in the Late 4 24 N and Longe 93 Et Greenwich for Madras. I trust from the Winds they must have arrived a fortnight ago Nothing particular has occurred except that I have been under the necessity of suspending My 2d Officer Mr William Balcombe for Mutinous Conduct towards me and neglect of Duty the particulars of which I shall immediately on my arrival lay before your Honble Marine Board.

Enclosed I send a list of my Ships Company along with my Passengers and the Honble Company’s Recruits all In high Health

(Signed) Chas Raitt

Ship Earl Spencer

Kedgree [sic] 10th February 1804

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Fort William 22nd March 1804

At a Council ...

No 45     Commr of the Earl Spencer 10th Feby

Honourable Company’s Ship Earl Spencer

Kedgeree

10th February 1804

Sir

I have to acquaint the Honourable Marine Board of my safe arrival under Convoy of His Majesty’s Ship Grampus in company with the Honourable Company’s Ship [sic] L Melville Princess Mary Northampton and Bengal Ann Country Ship; nothing particular has occurred since we left England; have met with no ships since we left Rio Janeiro except a small American off the Cape. I am sorry to acquaint you for the information of the Honble Board that I have been under the necessity of suspending Mr William Balcombe my 2d officer for mutinous Conduct to me on the Quarter Deck and also for Disobedience of Orders and neglect of duty, the charges I shall deliver you immediately on my arrival specifically.

I beg leave to mention that it may be of material consequence to the service how soon your Honourable Board would be pleased to investigate or give such orders as they may deem most proper so as to bring it forward as soon as possible as several of the Witnesses are Passengers and whose services may require their leaving the Presidency sooner than expected on their arrival.

I am &c

Signed Chas Raitt

John Shore Esq

Secretary

A true copy

Signed J Shore

Secy Mar Board

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No 46 Second Officer of the Earl Spencer 11th Feby

Earl Spencer

Diamond Harbour

February 11th 1804

Sie

I beg leave to acquaint you, for the information of the Governor and Council, that on the Evening of the 31st December, it being my watch on Deck, Captain Raitt quarrelled with me as it was his usual custom during the passage for no reason that myself or any Officer in ship could assign for. After some words passing on both sides he took the liberty of knocking me down. I received a violent blow on the right side of my Head which forced the blood from my left Ear. I rose as soon as I could recover my self and saw him in a position of defence; and to prevent a repetition of his conduct struck him again. Since that time I have been confined. On applying to him on our arrival to go to Calcutta immediately, as I had private business urgent to myself, he said he could not give me leave till I had an order from the Government. May I beg the favor of you to apply to the Government for leave, that I may prepare my Evidences for my Trial.

I am &c

Signed Wm Balcombe

2d Mate E Spencer

John Shore Esq

Secretary to the Marine Board

(A True Copy)

Signed J Shore

Secy Mar Board

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No 47 To Mar Board 16th Feby

To George Udny Esq

President and Members of the Marine Board

Gentlemen

I am commanded by His Excellency the Most Noble the Governor in Council to acquaint you that the letters addressed to your Secretary by Captain Raitt Commander of the Honourable Company’s Ship Earl Spencer dated the 10th and by Mr Balcombe second officer of that Ship dated the 11th Instant have been submitted to His Excellency in Council.

I have the honour to be &c

Signed J Lumsden

Chief Secy to Govt

Fort William

the 16th February 1804

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No 48 Mar Board 12th March

Marine Board

To His Excellency the Most Noble Richard Marquis Wellesley KP

Governor General in Council

My Lord

We have received Mr Chief Secretary Lumsden’s letter of the 10th Ultimo informing us that the letters addressed to our Secretary by Captain Raitt Commander of the Honourable Company’s Ship Earl Spencer and Mr Balcombe second officer of that Ship having been submitted to His Excellency in Council His Excellency in Council desired that we should immediately order a Court of Enquiry to assemble for the purpose of investigating the charges preferred by Captain Raitt against Mr Balcombe.

2     Having on the receipt of the Orders of Your Excellency in Council instituted a Court of Enquiry to investigate the conduct of Mr Balcombe second officer of the Honble Company’s Ship Earl Spencer we have now the honour to transmit a copy of the Proceedings of the Court of Enquiry dated the 10th Instant, on which we beg leave to submit our sentiments as follows; Viz

First     We concur in opinion with the Court that the first and third charges preferred against Mr Balcombe; Viz ‘For mutinous conduct towards his Commanding officer Captain Raitt, Commander of the Honourable Company’s Ship Earl Spencer’ and ‘For having struck and knocked down his Commanding Officer Captain Charles Raitt on the Quarter Deck of the Earl Spencer on the night of the 31st December last’, have been proved.

Secondly     We also concur in opinion with the Court that the second charge; Viz ‘For neglect of duty and disobedience of Orders’ has been proved with respect to one instance, that of Mr Balcombe having neglected to leave orders with Mr Goodson third Officer on the night of the 29th of December to keep a look out for the True Briton Rock but, as it appears that Mr Balcombe had desired Mr Atkins the fifth officer to remind him of the orders which Captain Raitt had delivered to him on the occasion altho’ Mr Atkins omitted to do so as he had been desired, we are of opinion that Mr Balcombe subsequently neglecting to leave those orders with Mr Goodson the third officer who relieved him proceeded from inadvertence and not from intention.

Thirdly       We are of opinion that Mr Evatt Chief Officer of the Honble Company’s Ship Earl Spencer:

First     For having as it appears to us from the whole of the Evidence which has been produced neglected to use his best endeavours to separate from each other his Commander and the second officer in the affray in which they were engaged on the night of the 31st of December last either by applying with effect his personal exertions for that purpose or by calling for assistance on the Ship’s Company and Passengers;

Secondly     For having as is shewn by the evidence of Mr Davison  Purser of the Earl Spencer interrupted the Commander when addressing the Ship’s Company on the occasion of the Commander suspending Mr Balcombe from the station of 2d officer of that ship by saying to his Commander ‘Sir you struck Mr Balcombe’ thereby expressing to the ship’s Company at a time when it was his first duty to have supported his Commander an opinion justifying the mutinous conduct of Mr Balcombe towards his Commander has acted in a manner highly disgraceful to his station.

Fourthly     We are concerned to be obliged further to concur in opinion with the Court that Captain Raitt’s conduct on the night of the 31st of December in having struck Mr Balcombe, the Officer of the Watch notwithstanding the very improper provocation which he received from Mr Balcombe was very unbecoming and unofficerlike.

3     We cannot conclude this address without noticing to Your Excellency in Council the conduct of Mr Atkins fifth officer of the Earl Spencer who as it appears from his own confession was on the night of the 31st of December in a state of intoxication. It is shewn by the evidence of Mr Balcombe that Mr Balcombe and Mr Atkins kept the same watch and, as Mr Balcombe was on duty at the time the affray took place between the Commander and Mr Balcombe, Mr Atkins while in the state of inebriation above described must consequently have been on duty also. We consider such conduct as deserving the severe animadversion of your Excellency in Council.

We are with respect &c

Signed J Taylor

Thos Brown

Fort William

the 12th of March 1804

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There then follows a lengthy questioning of various members of the crew with a summing up with the two protagonists being called before the Court to hear the charges laid against them.

Fort William

10th of March 1804

To the Honourable Court of Enquiry instituted by

His Excellency the Governor General in Council

to investigate the conduct of Mr William Balcombe

2nd officer of the Honourable Company’s Ship

Earl Spencer

The Court having maturely weighed and considered the whole of the Matter which has come before them in support of the charges and what Mr Balcombe has urged in his defence are of Opinion:

That the first and third charges are one and the same and that they have been proved to have taken place on the 31st of December.

That the second charge is proved in one instance but it does not appear to have been intentional.

The Court beg leave to state that they think the conduct of Mr Evatt Chief officer in the Ship on the night of the 31st of December was highly disgraceful and unofficerlike, as stated in the Evidence of Captain Welch, Mr Davison and Hind Goodlet Quarter Master.

The Court further beg leave to state that Captain Raitt’s conduct on the night of the 31st of December appears to them to have been very unbecoming and unofficerlike in as much as he was forgetful of his Duty as to strike Mr Balcombe officer of the Watch not withstanding the very improper provocation he received from Mr Balcombe.

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[It was] Ordered that the following letter be written to the Marine Board by the Secretary:

No 50 To Mar Board 22d March 1804

To George Udny Esq

President and Members of the Marine Board

Gentlemen

I am commanded by His Excellency the Most Noble the Governor General in Council to acknowledge the receipt of Your letter dated the 12th Instant with the Proceedings of a Court of Enquiry assembled to investigate the conduct of Mr Balcombe second officer of the Honourable Company’s Ship Earl Spencer.

2     His Excellency in Council confirms the opinion you have stated that the first and third charges preferred by Captain Raitt Commander of the Earl Spencer against Mr Balcombe have been proved.

3     His Excellency in Council likewise confirms your opinion that altho’ the second charge preferred by Captain Raitt against Mr Balcombe ‘for neglect of duty and disobedience of Orders’ has been proved in one instance the neglect of Mr Balcombe on the occasion proceeding from inadvertency and not from intention although that inadvertency was highly reprehensible and dangerous to the safety of the ship.

4     The conduct of Mr Evatt Chief Officer of the Earl Spencer in the instance adverted to in your letter as it is described in the evidence addressed before the Court of Enquiry appears to the Governor General in Council to have been utterly inconsistent with the public duty and with the just principles of subordination.

5     The measures which may be ultimately be pursued with respect to Mr Evatt and Mr Balcombe will be communicated to you hereafter. In the meantime the Governor General in Council considers it to be proper to direct that Mr Evatt and Mr Balcombe be removed from the situations held by them respectively on board the Earl Spencer and that they be not permitted to proceed on that ship from the Port of Calcutta.

6     The conduct of Mr Atkins fifth officer of the Earl Spencer who appears by his own acknowledgement to have been in a state of intoxication at a season when he ought to have been on public duty is highly reprehensible. You will accordingly signify to Mr Atkins that this dereliction of his duty is highly disapproved of by the Governor General in Council and that it will be noticed in proper terms to the Honble the Court of Directors.

7     You will also signify to Mr Raitt the entire disapprobation of the Governor General in Council of his conduct in striking Mr Balcombe on the evening of the 31st of December. The provocation received by Captain Raitt was undoubtedly great but a correct sense of his public duty and of his relative situation with respect to Mr Balcombe ought to have restrained him from manifesting any other sense of the insult offered by Mr Balcombe than by suspending Mr Balcombe from his functions as second officer of the ship and bringing him to a public trial. The conduct of Captain Raitt on this occasion will be submitted to the Honourable the Court of Directors.

I have the honor to be &c

Signed J Lumsden

Chief Secretary to the Government

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That was not quite the end of matters though. Messrs Evatt and Balcombe wrote to the Marine Board enquiring about their position and when they might return home. They also petitioned the Marine Board to pay them for house rent and an allocation for servants and subsistence during the time they were ashore for the duration of the Enquiry since they were not permitted to leave Calcutta and had considerable expenses. In the event on 10 May 1804, the Marine Board was informed that the Governor General was pleased to authorize an allowance of Sixty Sonat Rupees per month for House Rent and an allowance of Sicca Rupees Three per day for Subsistence and Servant to Mr Evatt late Chief Officer of the Honble Company’s Ship Earl Spencer from the time he was ordered on Shore from that Ship until he leaves Calcutta in order to embark for Europe. However with respect to Mr Balcombe, under the circumstances which occasioned him being ordered on Shore and his Removal from the Station of Second Officer of the Ship Earl Spencer, the Governor General in Council did not deem it proper to comply with Mr Balcombe’s request for House Rent or other allowances. Furthermore the Marine Board was transmitted accompanying Orders to the Commanders of the Maria and Northampton to receive Mr Balcombe and Mr Evatt on board as Charter Party Passengers.