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gour and effect.

I was refolved, as I have already • Having now offered to the court before observed in the introduction precise anfwers to all the charges to my defence, not to sacrifice it exhibited against me; I shall proto an empty show and appearance, ceed to calì my witnesses to fupwhich is beneath the dignity of an port those anfwers, and of course officer, unconscious of any failure to refute the charges in the order or neglect. To have urged a in which they have been made. fruitlefs pursuit with a fleet fo I fall call them not as a prifoner greatly crippled in its mafts and commonly calls his witnesses, to fails, after a diftant and flying oppofe them to those which appear enemy, within reach of their own for the prosecution-quite the conports, and with a fresh wind blow- trary, -I bring them to support, ing fair for their ports, with a large confirm, enlarge, and illustrate alfwell, would have been not only most the body of the evidence wantonly expofing the British fleet which has been given by my acunder my coinmand without end cuser. or object, but misleading and de But, before I fit down, I must feating its operations, by delaying discharge a duty which I feel mythe reftment necessary for carry- self to owe to the reputation of a ing on the future service with vi- service highly and juftly favcured

in this country, and which can neMy accuser asserts, by a general ver suffer in its honour, but the conclufion, to the five articles ex nation itself will fuffer in proporhibited against me, that from what tion. he flares as instances of misconduct I have heard it afferted, and and neglect in me, a glorious op; contended for during this trial, portunity was loft of doing a moft as an essential and indifpenfible effential service to the state, and right of a captain of a man of war, that the honour of the British navy to make additions and alterations was tarnished.

in the ship's log book, even after The truth of the affertion, that the original entries had been seen, an opportunity was loft, I am not examined, and approved by himcalled upon either to combat or felf. I have seen this attempted deny; it is sufficient for me, if I to be excufed, nay, even justified hall be successful in proving that, and boasted of in a cafe where the that opportunity was seized by alterations and additions introducme, and followed up to the full ed matter of criminal and capital extent of my power; if the court offence, ackowledged by the party shall be of that opinion, I am fa- to have been introduced months tisfied; and it will then reft with after the original entries were inthe vice-admiral of the blue to ex- serted; and with knowledge that plain to what cause it is to be re a criminal charge had then been ferred, that the glorious opportu- exhibited against the person in nity he speaks of was loft, and to whose trial they were firft heard of. whom it is to be imputed (if the I have heard this attempted to be fact be true) that the honour of defended where the most material the British navy has been tar of the alterations and additions pilhed.

were certainly not supported by fact.

Upon

Upon this occasion, surely, I the cancelling of pages, and putam called upon to enter my protest ting in others ;--omitting, adding against a claim which stibjects the to, and varying the most important log-books of the King's ships, that things for the most important purought to contain, if not always a poses. perfect, yet always a genuine nar It is also proper for me tc ftate rative of their transactions, when two or three facts to the court, in the events are fresh and recent, order to place the conduct of my when they cannot be mistaken, accuser in its proper point of view. and can hardly be misrepresented, I admit that the charges he has and which ought never to be al- exhibited against me are very heitered after the entries have been nous.-- They express misconduct made and authorized,

and negligence ; they imply (and This is the case of the first altes to the court has understood them dation of the log-book. - Aiother to imply) cowardice also. If İ alteration has since appeared in ever committed them at all, it was another log-book! that of the pro- in his presence, and in the presecutor himself! little differing sence of a numerous corps of offifrom the former, except that the cers, who being called upon by person that has actually made it the court, have all unanimously does not appear to justify it; that refused, or I trust will refuse to fix the witness to it states it to have any one charge upon me. I have been made soon after the engage- mentioned before the circumstance ment, and that the destruction of of my accuser's filence for months, some leaves, and substitution of during which he was called upon others, seems to be rather made by the duty he owed to his country for the purpose of exculpating to have stated my misconduct, if another person than of criminating any such had existed; and his re

But whatever the intention fusal to do fo is ftrong evidence of was, the thing is equally unjustifi- itself, that even in his opinion my able in all respects. It tends conduct was liable to no reproach. equally to destroy all sort of use in But this is not all; even so late these kind of records, and to ren as the 5th of October last, I reder them highly fallacious, and ceived a letter from him, dated possibly highly dangerous. I do at sea, conceived in terms of great not dwell on all the particulars of good will and respect for me; in that unhappy business! - It is which, having occasion to menpainful to me, and the nature of tion some prizes, which had been the transaction is but too visible. taken by the fleet, he considers that There has always been, and pro as a subject of little moment to bably will always be, something me, affigning this as a reason, slovenly in these books, and the “ for I know you had rather meet mafters have thought they have

" the French' fleet."--That Aeet more power over them than is pro. which he says I fled from ! per. There is, however, a great

Is this consistent with the tenor difference between inaccuracy and of those charges ? -Could the man malicious design. There is a dif- who wrote the one, believe the ference between the correction or other ?-It is absolutely in poslible. supply of indifferent matters, and I cannot produce this letter in

evidence;

me.

evidence; but when I go out of admiral,--yet, after his own bars the court, I will shew it to any had heard, at half past five in the gentleman who is desirous tó afternoon of a summer's day, that Tee it *.

I waited only for him and his diAnother thing more, and I have vision to renew the attack; this gendone.

tleman applies to me, ignorant, neSir Hugh Palliser thought pro- gligent, cowardly, as he now repreper to address the public by a lents me, to certify his good behaprinted newspaper, dated the 4th viour, and to support his character of November, principally, as it against the malice of his enemies. seems, for the sake of asserting He applies to me to sign a pathat he was not, and infinuating per, containing many particulars that I was, the cause of the French directly contrary to the evidence fleet not being re-attacked in the you have heard upon oath, and afternoon of the 27th of July, which I will also shew to any

In that paper he positively denies one t. that he received any message by At present I have only to do Captain Windsor saying a word with one of those particulars. That about renewing the attack, and he paper (concurring with his atcalls the contrary assertion a false tempts in this trial) contains this one.-Captain Windsor has been affertion, “ that the calling his, called, and he has proved, that at " and vice - admiral Sir Robert five o'clock he received from me, “ Harland's divisions, into my and at about half past five he de wake, in the evening, was not livered to Sir Hugh Palliser him “ for the purpose of renewing the felf, the message to come with the “ battle at that time, but to be fhips of his division into my wake, « in readiness for it in the mornand that I only waited for him to "sing.” This

my accuser had the renew the attack.

confidence to tender to me to sign. This account of Captain Wind To sign an assertion of a fact absor has been attempted to be dis- solutely unfounded; the contrary credited by the prosecutor, who of which I know to be true, and has asked Captain Bazely, and I the contrary of which Captain believe one or two more, whether Windsor has proved, and my acit was not at a later hour than cuser knew to be true, Captain Windsor named. I shall How that gentleman felt when for that reason call witnesses to this came out I know not; but if confirm Captain Windsor in all I could conceive myself in the the circumstances of his testimony. same fituation, I know that it

I owe it to him, as an honour would be difficult to express what able man, to fhew that his evi- I Niould feel. I cannot wish fo hea. dence is correctly true,

vy a punishment to my worst enemy. I will prove that the mesfage fent by me, was precisely the mel. The examination of evidence in {age delivered by him at the time the admiral's defence continued to he speaks to, and that it was ex the 8th of Feb. when it was finally actly repeated by him to the vice- closed; and Sir Hugh Palliser the * See this letter in page 293:

See this paper in page 293.

proses

prosecutor having claimed a right of December, 1778, and directed of replying to the defence, the to Sir Thomas Pye, proceeded to same was objected to ; and the enquire into a charge exhibited by court having withdrawn, upon the Vice-admiral Sir Hugh Palliser question, came to a resolution, against the Honourable Admiral that the fame was unprecedented, Auguftus Keppel, for misconduct and could not be complied with. and neglect of duty on the 27th

On the uth of February the and 28th of July, 1778, in fundry Court met ; when the Judge Ad. inftances, as mentioned in a paper vocate read the opinion of the which accompanied the said order; court martial, as follows:

and to try him for the fame : and

the Court having heard the eviAt a Court Martial assembled on dence, and the prisoner's defence,

board his Majesty's ship Britan- and maturely and seriously confinia, in Portsmouth Harbour, dered the whole, are of opinion, the 7th of January, 1779, and that the charge is malicious and held by Adjournment at the ill founded ; it having appeared House of the Governor of his that the said admiral, lo far from Majesty's Garrison at Portf having, by misconduct and neglect mouth, every day afterwards of duty on the days therein allud. (Sundays excepted) till the uthed to, loft opportunity of renderof February, 1779, inclufive; ing essential service to the state, PRESENT,

and thereby tarnished the honour Sir Thomas Pye, admiral of the became a judicious, brave, and

of the British navy, behaved as white, President. Matthew Buckle, Esq; vice-admi- therefore unanimously and honour

experienced officer : The Court do ral of the red ; till the close of the fixth day, 'when he became ably acquit the said Admiral Auunable any longer to continue ticles contained in the charge

of arhis attendance on account of

against him; and he is hereby fickness. John Montagu, Esq; vice-admiral fully and honourably acquitted

accordingly. of the red. Mariot Arbuthnot, Esq; Robert George JACKSON,

Roddam, Efq; rear-admirals of Judge Advocate.
the white.

Thomas Pye.
Captains Mark Milbank,
Francis Samuel Drake,"

John Montagu.

Mariot Arbuchnot.
Taylor Penny,

Robert Roddam.
John Moutray,

Mark Milbank.
William Bennet,

Francis Samuel Drake.
Adam Duncan,

Taylor Penny.
Philip Boteler,

John Moutray.
James Cranston.

William Bennet.
The Court, pursuant to an or-

Adam Duncan. der of the Lords Commissioners

:: Philip Boreler. of the Admiralty, dated the 31st

Jumes Cranston

The

SIR,

The Address of Sir Thomas Pye, Audley-Square, Thursday night, Pefident, on delivering the Ad

Dec. 10, 1778. miral his sword. Admiral Keppel, It is no small

The very extraordinary contents pleafure to me to receive the of your letter of laft night made commands of the Court I have it impossible for me on a sudden to the honour to prefide at, that, in bare acknowledgment of having

make any other answer, than a delivering you your fword, I am received it ; but it has not requirto congratulate you on its being ed much time to determine me, in selored to you with so much hopour; hoping ere long you will justice to my own reputation, to be called forth by your sovereign inform you, that I am willing to to draw it once more in the de-, meet a court martial whenever the fence of your country.

Board of Admiralty shall think proper to order me.

At the same time, Sir, I defire Copias of Letters between the Hon.

Admiral Keppel, the Secretary to you will represent to the Lords she Admiralty, the Judge Adve- Commiflioners my utter aftonith

ment at the countenance their cate, and Sir Hugh Palliser.

Lordships have so far given to this Admiralıy-office, 9 Dec. 1778. proceeding, as to resolve, on the

same day on which such a charge SIR,

is exhibited, to order a court marŞir Hugh Palliser, vice-admiral tial against the commander in of the blue squadron of his Ma- chief of the fleet, on an attack jesty's feet, having in his letter of from an inferior officer, under all this day's date transmitted to my the very peculiar circumstances in Lords Commissioners of the Ad- which Sir Hugh Palliser now miralty, a charge of misconduct ftands. and neglect of duty against you, lam, Sir, your humble fervant, on the 27th and 28th of July,

A, K, 1778, in divers instances therein Ph. Stephens, Esq. mentioned, and desired that a court martial

may

be held for try- Letter from PH. STEPHENS, Erq; ing you for the same; and their Lordships intending that a court Admiralty-office, 11th Dec. 1778. martial shall be held for that

pur

SIR, pose, I have it in command from I received yefterday afternoon them to send you herewith a copy your letter of the joth instant, acof the said charge, that you may knowledging the receipt of mine be preparing for your defence. of the gih, transmitting a copy I have the honour to be, of the charge exhibited against you Sir,

by Vice-admiral Sir Hugh Palli. Your most obedient, ser ; and this morning I received humble servant,

your letter, dated last night, inti. PH. STEPHENS. mating that you are willing to Honble. Auguftus Keppel,

meet a court martial whenever the Admiral of the Blui, Sc. Board of Admiralty hall think

proper

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