Page:Royal Naval Biography Marshall v2p1.djvu/87

  The report made by Captain Osborne of the Centurion, of the action with the French squadron, in the preceding year, not being satisfactory to Captain Smith, he applied to that officer for an explanation. Captain Osborne, after more distinctly expressing his approbation of Captain Smith’s conduct than he had done in his public letter, thought fit to demand a court-martial for enquiring into the conduct of the two ships, with a view of justifying his letter on service. The court sentenced Captain Smith to be dismissed the service; but on his return to England in 1798, he appealed against their verdict; and his memorial being referred to the Crown lawyers and the Admiralty counsel, they reported their opinion that the sentence was unwarrantable, and not to be supported. Captain Smith was consequently restored to his rank in the navy, but never afterwards called into service. 

 officer was born in 1755, and entered the royal navy as a Midshipman on board the AEolus frigate in 1775; previous to which he had, (owing to the want of employment for young men in the King’s service,) made several mercantile voyages with a friend in America, from whence he returned to England at the commencement of the colonial war.

Early in 1776, the AEolus sailed for the West Indies, on which station Mr. Cunningham joined the Bristol of 50 guns, bearing the flag of Vice-Admiral Sir Peter Parker, by whom he