evidence; but when I go out of the court, I will fhew it to any gentleman who is defirous to Tee it.

Another thing more, and I have done.

Sir Hugh Pallifer thought proper to addrefs the public by a printed newspaper, dated the 4th of November, principally, as it feems, for the fake of afferting that he was not, and infinuating that I was, the cause of the French fleet not being re-attacked in the afternoon of the 27th of July.

In that paper he pofitively denies that he received any meffage by Captain Windfor faying a word about renewing the attack, and he calls the contrary affertion a falfe one.-Captain Windfor has been called, and he has proved, that at five o'clock he received from me, and at about half paft five he delivered to Sir Hugh Pallifer himfelf, the message to come with the fhips of his divifion into my wake, and that I only waited for him to renew the attack.

This account of Captain Windfor has been attempted to be difcredited by the profecutor, who has asked Captain Bazely, and I believe one or two more, whether it was not at a later hour than Captain Windfor named.-I fhall for that reafon call witneffes to confirm Captain Wind for in all the circumftances of his teftimony.

I owe it to him, as an honourable man, to fhew that his evidence is correctly true.

I will prove that the meffage fent by me, was precifely the meffage delivered by him at the time he fpeaks to, and that it was exactly repeated by him to the vice

See this letter in page 293.

admiral,-yet, after his own ears had heard, at half past five in the afternoon of a fummer's day, that I waited only for him and his divifion to renew the attack; this gentleman applies to me, ignorant, negligent, cowardly, as he now reprefents me, to certify his good behaviour, and to fupport his character against the malice of his enemies.

He applies to me to fign a paper, containing many particulars directly contrary to the evidence you have heard upon oath, and which I will alfo fhew to any one t.

At prefent I have only to do with one of thofe particulars. That paper (concurring with his attempts in this trial) contains this affertion," that the calling his, "and vice- admiral Sir Robert "Harland's divifions, into my "wake, in the evening, was not "for the purpose of renewing the "battle at that time, but to be "in readiness for it in the morn

ing." This my accufer had the confidence to tender to me to fign.

To fign an affertion of a fact abfolutely unfounded; the contrary of which I know to be true, and the contrary of which Captain Wind for has proved, and my accufer knew to be true.

How that gentleman felt when this came out I know not; but if I could conceive myfelf in the fame fituation, I know that it would be difficult to express what I fhould feel. I cannot wish so hea vy a punishment to my worst enemy.

The examination of evidence in the admiral's defence continued to the 8th of Feb. when it was finally clofed; and Sir Hugh Pallifer the

profecutor having claimed a right of replying to the defence, the fame was objected to; and the court having withdrawn, upon the queftion, came to a refolution, that the fame was unprecedented, and could not be complied with. On the 11th of February the Court met; when the Judge Advocate read the opinion of the court martial, as follows:

At a Court Martial affembled on board his Majefty's fhip Britannia, in Portfmouth Harbour, the 7th of January, 1779, and held by Adjournment at the Houfe of the Governor of his Majefty's Garrifon at Portfmouth, every day afterwards (Sundays excepted) till the 11th of February, 1779, inclufive;

PRESENT,

Sir Thomas Pye, admiral of the white, Prefident. Matthew Buckle, Efq; vice-admiral of the red; till the clofe of the fixth day, when he became unable any longer to continue his attendance on account of fickness.

John Montagu, Efq; vice-admiral

of the red. Mariot Arbuthnot, Efq; Robert Roddam, Efq; rear-admirals of the white.

Captains Mark Milbank,

Francis Samuel Drake,
Taylor Penny,

John Moutray,

William Bennet,

Adam Duncan,
Philip Boteler,
James Cranston.

The Court, purfuant to an order of the Lords Commiffioners of the Admiralty, dated the 31st

of December, 1778, and directed to Sir Thomas Pye, proceeded to enquire into a charge exhibited by Vice-admiral Sir Hugh Pallifer against the Honourable Admiral Auguftus Keppel, for mifconduct and neglect of duty on the 27th and 28th of July, 1778, in fundry inftances, as mentioned in a paper which accompanied the faid order; and to try him for the fame and the Court having heard the evidence, and the prisoner's defence, and maturely and seriously confidered the whole, are of opinion, that the charge is malicious and ill founded; it having appeared that the faid admiral, fo far from having, by mifconduct and neglect of duty on the days therein alluded to, loft opportunity of rendering effential fervice to the ftate, and thereby tarnished the honour became a judicious, brave, and of the British navy, behaved as therefore unanimously and honourexperienced officer: The Court do guftus Keppel of the feveral arably acquit the faid Admiral Auticles contained in the charge against him; and he is hereby fully and honourably acquitted accordingly..

GEORGE JACKSON,
Judge Advocate.

The Addrefs of Sir Thomas Pye, Pefident, on delivering the Admiral his fword.

Admiral Keppel, It is no fmall pleafure to me to receive the commands of the Court I have the honour to prefide at, that, in delivering you your fword, I am to congratulate you on its being reftored to you with fo much honour; hoping ere long you will be called forth by your Sovereign to draw it once more in the de-, fence of your country.

Copies of Letters between the Hon. Admiral Keppel, the Secretary to the Admiralty, the Judge Advocate, and Sir Hugh Pallifer.

Admiralty-office, 9 Dec. 1778.
SIR,

Sir Hugh Pallifer, vice-admiral of the blue fquadron of his Majefty's fleet, having in his letter of this day's date tranfmitted to my Lords Commiffioners of the Admiralty, a charge of mifconduct and neglect of duty against you, on the 27th and 28th of July, 1778, in divers inftances therein mentioned, and defired that a court martial may be held for trying you for the fame; and their Lordships intending that a court martial fhall be held for that purpose, I have it in command from them to fend you herewith a copy of the faid charge, that you may be preparing for your defence.

I have the honour to be,
Sir,

Your most obedient,
humble fervant,

PH. STEPHENS.

Honble. Auguftus Keppel,
Admiral of the Blue, Sc.

The very extraordinary contents your letter of laft night made it impoffible for me on a fudden to bare acknowledgment of having make any other anfwer, than a ed much time to determine me, in received it; but it has not requir

inform

you,

juftice to my own reputation, to that I am willing to meet a court martial whenever the Board of Admiralty shall think proper to order me.

At the fame time, Sir, I defire Commiffioners my utter aftonishyou will reprefent to the Lords ment at the countenance their Lordships have fo far given to this fame day on which fuch a charge proceeding, as to refolve, on the is exhibited, to order a court martial against the commander in chief of the fleet, on an attack from an inferior officer, under all the very peculiar circumftances in which Sir Hugh Pallifer now stands.

I am, Sir, your humble fervant,
A. K.

Ph. Stephens, Esq.

Letter from PH. STEPHENS, Esq;

Admiralty-office, 11th Dec. 1778.
SIR,

I received yesterday afternoon your letter of the 10th inftant, acknowledging the receipt of mine of the 9th, tranfmitting a copy of the charge exhibited against you by Vice-admiral Sir Hugh Pallifer; and this morning I received your letter, dated last night, intimating that you are willing to meet a court martial whenever the Board of Admiralty hall think proper