Although, in the author’s judgment, Nelson acted within his right in disallowing the capitulation, it is essential to note that a fortnight later, when fully cognizant of all the circumstances, he characterized it in a letter to Lord Spencer as “infamous.”  “On my fortunate arrival here I found a most infamous treaty entered into with the Rebels, in direct disobedience of His Sicilian Majesty’s orders."[85] Such an adjective, deliberately applied after the heat of the first moment had passed, is, in its injustice, a clear indication of the frame of mind under the domination of which he was.  Captain Foote with his feeble squadron, and the commanders of the undisciplined mob ashore known as the Christian army, expected, as did Nelson himself, the appearance of the French fleet at Naples.  In view of that possibility, it was at the least a pardonable error of judgment to concede terms which promised to transfer the castles speedily into their own hands.  The most censurable part of the agreement was in the failure to exact the surrender of St. Elmo, which dominates the others.  It is to be regretted that Captain Foote, who naturally and bitterly resented the word “infamous,” did not, in his “Vindication,” confine himself to this military argument, instead of mixing it up with talk about mercy to culprits and Nelson’s infatuation for Lady Hamilton.]

On the 27th of June, the day following the surrender of Uovo and Nuovo, Troubridge landed with thirteen hundred men to besiege the French in St. Elmo, an undertaking in which he was joined by five hundred Russians and some royalists.  Forty-eight hours later Nelson felt called upon, as representative of the King of the Two Sicilies, to take action more peremptory and extreme than anything he had hitherto done.

On the 29th of June, Commodore Francesco Caracciolo, lately head of the Republican Navy, was brought on board the “Foudroyant,” having been captured in the country, in disguise.  This man had accompanied the royal family in their flight to Palermo; but after arrival there had obtained leave to return to Naples, in order to avert the confiscation of his property by the Republican government.  He subsequently joined the Republicans, or Jacobins, as they were called by Nelson and the Court.  His reasons for so doing are immaterial; they were doubtless perfectly sound from the point of view of apparent self-interest; the substantial fact remains that he commanded the insurgent vessels in action with the British and Royal Neapolitan navies, firing impartially upon both.  In one of these engagements the Neapolitan frigate “Minerva” was struck several times, losing two men killed and four wounded.  Caracciolo, therefore, had fully committed himself to armed insurrection, in company with foreign invaders, against what had hitherto been, and still claimed to be, the lawful government of the country.  He had afterwards, as the republican cause declined, taken refuge with the other insurgents in the castles.  When he left them is uncertain, but on the 23d of June he is known to have been outside of Naples, and so remained till captured.