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proper to order one; and having will be necessary for them to see without loss of time laid the same the whole of my instructions and before my Lords Commissioners of correspondence with you; and the Admiralty, I am commanded that it may be necessary to proby their Lordships to acquaint you, duce the whole or part of them that they propose to order a court before the court martial, I defire martial to be assembled on Thurf. you will acquaint the Lords Comday the 7th of January next, if missioners of the Admiralty thereyou think
you fall be ready with with. your evidence by that time ; but I am, Sir, if not, their Lordships will order Your humble servant, it to be held on a later day.
A. K. As to the astonishment you ex Pb. Stephens, Esq. press at the countenance you conceive their Lordships have given Mr. Stephens's letter in answer to to this proceeding, by resolving,
mine of the 16th. on the same day on which the charge was exhibited, to order a Admiralty-office, 18th Dec. 1778. court martial, their Lordhips
SIR, command me to acquaint you, I received, and loft no time in that they know of no instance in laying before my Lords Comwhich the Board of Admiralty, miffioners of the Admiralty, your upon receiving a specific charge of letter of the 16th instant, respectsuch a nature, igned by an officer ing the communication of your of rank serving under the party instructions, and correspondence accused, and accompanied with with me, to your counsel, and; a requelt for the assembling a court perhaps to the court martial that martial thereupon, have delayed is to be assembled for your trial. coming to a resolution to order I was in hopes I should have been one, nor would they have thought enabled by this time to have sent themselves justified, if they had you their Lordships answer thereto; hesitated to take the necessary steps but as the inftructions to which for bringing the matter to an early you allude are of a very secret naand legal decifion.
ture, and were given in pursuance I have the honour to be, of his Majesty's commands, sigaiSir,
fied by one of his Principal Se. Your moft obedient,
cretaries of State, it is neceflary humble servant, that their Lordships should receive
PH. STEPHENS. his Majesty's farther commands, Honble, Admiral Keppel, town. before they can with propriety
give you a full answer to your Audley-Square, 16th Dec. 1778. letter. Their Lordships are perSIR, fuaded in the mean time you
will My counsel having informed not communicate those instructions me, that before they can give the to any perfon whatsoever ; and best advice in their power upon
they command me to assure you, the charge of Sir Hugh Palliser, it that you thall have their farther
answer with as little delay as pos- produced at the court martial ; lble.
but if you will point out any I am, Sir,
parts of the said instructions or Your moft obedient, correspondence which in your opihumble servant, nion have any relation to the ope
Ph. Stephens. rations of the fieet on the 27th Hon. Admiral Keppel, London. and 28th of July laft, you will be
permitted to make use of them in Letter from Ph. Stephens, Efq; fall appear to be no objections of
the manner you desire, if there in further anfwer to mine of the 16th.
the nature above mentioned.
I have the honour to be,
humble servant, Viscount Weymouth, his Majesty's
PH. STEPHENS, Principal Secretary of State, with Hon. Auguftus Keppel. your having been informed by your counsel, that before they Audley-Square, Dec. 23, 1778. could give you the best advice in SIR, their power upon the charge of I have received your letter of Sir Hugh Palliser, it would be the zift inftant, in which you innecefsary for them to see the whole form me, that the Lords Comof your instructions, and corre. missioners of the Admiralty had spondence with this office; and acquainted Lord Weymouth, one that it might be neceffary to pro- of his Majesty's Principal Secreduce the whole part of them at taries of State, with the contents the court martial ; and my Lords of my letter to you of the 16th. having at the same time delired his That his Lordship has in return Lordship to signify his Majesty's informed them, " "That it is his commands with respect thereto; “ Majesty's pleasure they should his Lordship has in return inform fignify to me, that I'must be ed them, that it is his Majesty's “ fenfible there are parts of my pleasure they should fignify to “ initructions which cannot be you, that you must be fenfible that “ divulged without great detrithere are parts of your instructions “ ment to the state, and that the which cannot be divulged without “ Lords Commillioners of the great detriment to the itate. I am “ Admiralty had ordered you to commanded by their Lord'hips “ inform me, that they cannot to signify the same to you accord consent that the whole of my ingly, and to inform you, in fur “ instructions and correspondence ther answer to your letter of the “ with you should be laid before
och init. that they cannot con my counsel, or be produced at sent that the whole of your faid “ the court martial; but that if instructions, and the correspon “ I will point out any parts of dence above mentioned, should « the said instructions or correbe laid before your counsel, os be “ fpondence which in my opinion
is has any relation to the opera
“ relation to the operations of the * tion of the fleet on the 27th s fleet on the 27th and 28th of " and 24th of July last, I shall be July laft, I shall be permitted
permitted to make use of them to make use of them in the
in the manner I defire, if there manner I defire, if there shall ir be no objection of the nature appear no objections of the na“ above mentioned.”
ture above mentioned;" I can I am also to acknowledge the re only say, that I conceive that my ceipt of your letter of the 18th, in instructions, and every part of which
informed me, " That them, muft necessarily have rela“ it was necessary their Lordships tion to the operation of the fleet « should receive his Majesty's on the 27th and 28th of July last, “ farther commands,' before they and on every day it was acting " could with propriety give me under my command, and that I
full answer to my letter; and was acting under those instruc" that their Lordships were per tions. As to my pointing out the " fuaded that in the mean time particular parts which I conceive “ I would not communicate those may be most useful to me, and “ instructions to any person what- opening my defence to that Board " soever.” In answer to which, of whore conduct towards me in. I must desire you will acquaint this business I have reason to comtheir Lordfhips, that I neither plain, where the accusations ao have made, nor will make, any gainst me originated, and where unnecessary communications of my my accuser has a seat, it cannot instructions ; nor are even my
on reflection be expected ; nor can counsel yet apprized of any part I believe their Lordships intend, of them. But in answer to your that when they put me on my
trial letter of the 21tt, I must beg of they are to limit me by their difyou to inform their Lordships, cretion in the use of such means that they have totally misunder- as I may think expedient for my stood my letter of the 16th, if defence, and that they propose to they imagined that, when put up- distress me by such an alternative, on my trial for the defence of my as that I must necessarily (accordlife and honour, I could think of ing to their statement) either asking any permission to produce bring detriment on the state, or before the court which is to try prejudice to my own justification, me, any circumstance which, in I am, Sir, my own opinion or that of my Your very humble servant, counsel, may in any degree be
A. Ko useful for my defence. No, Sir ; Ph. Stephens, Eja. my letter of the 16th was not to ask leave to do what by every rule Audley-Square, Dec. 26, 1778. of justice is my right. In respect
SIR, to the last paragraph of your letter I received yesterday your letter of the 24th, * That if I will of the 24th, in answer to mine to
point out any parts of such in- you of the same day, informing " Itructions correspondence me, that in addition to what is " which in my opinion has any mentioned in your letter of the VOL. XXII.
tlemen to England, it is my wish 25 soon as that trial is over, 10 290] ANNUAL REGISTER, 1779. 12th instant concerning the atten- your letter of the '23d instant .. dance of Captain Windsor, and their Lordships, in answer to that the first lieutenant of his Majesty's part of it which relates to the late ship Fox, at the court martial accusation against you, command to be held for my trial on the 7th me to inform you, that the accufof next month, that their Lord- ation did not originate from their ships, on the same day, desired Board, but from Sir Hugh PalliLord Weymouth, one of his Ma- fer, whose attendance there has jesty's Principal Secretaries of been dispensed with ever since. State, to take such measures as Their Lordships having already should
appear to him to be proper communicated to you his Majesfor procuring their appearance at ty's pleasure with regard to your the time afore- mentioned ; and secret instructions, cannot think it further to inform me it is not their necessary to say any thing further Lordships intention that the court to you upon that subject. Mould fit until the effects of the ,
I have the honour to be, afore-mentioned application is
Your most obedient,
humble servant, apprehend a posibility of the en
PH. STEPHENS quiry being puç off; and any delay, 'I much fear, will be produc- Honble. Auguftus Keppel, tive of serious detriment to my Admiral of the Blue, &c. country, in the detaining so many other officers from the public fervice.- From this consideration I Admiralty-office, 27 Dec. 1778. remain of opinion, that the evi
SIR, dence of Captain Windsor and of Vice-admiral Sir Hugh Palliser his lieutenant may be material at having, in his letter of yesterday's the trial : I must repeat what I date, acquainted my Lords Comwrote to you in my letter of the missioners of the Admiralty, that, uth instant, that from the uncer as the witnesses will be assembled tainty of the return of those gen- at your trial, he shall be ready, not to have the court martial put vindicate his own conduct and off on that account.
behaviour on the 27th of July, I am, Sir,
1778; and he having therefore Your humble servånt, desired that their Lordships will
A. K. be pleased to require you to give Ph. Stephens, Ej7
in your charge as soon as may be,
if you have any to make against PH: STEPHENS, Esq; in answer to him; I am commanded by their mine of the 23d. Lordships to send you herewith a
copy of the said letter, and to Admiralty-office, 27th Dec. 1978. fignify their direction, that if you SIR,
have any thing to charge against Having laid before my Lords the conduct of Vice-admiral Sir Commissioners of the Admiralty Hugh Palliser, you do transmit
the same to their Lordships as soon charge as soon as may be, if I às may be.
have any to make against him; I have the honour to be, in consequence of which, their Sir,
Lordships are pleased to direct, Your most obedient; that if I have any thing to charge humble servant,
against the conduct of Sir Hugh Ph. SterheNS. Palliser, I do transmit the same to Honble. Admiral Keppel.
I defire you will express to the Admiralty, 26 Dec. 1778. Lords Commissioners of the Ad. SIR,
miralty my great surprize at the As the witnesses will be assem- contents of these letters. I learn, bled at the trial of the Honour- by another letter you have favoura able Admiral Keppel; I beg leave ed me with of the same date, that to acquaint the Lords Commis- Sir Hugh Palliser's attendance at fioners of the Admiralty, that I the Board has been dispensed with shall be ready, so soon as that ever since he exhibited his charge trial is over, to vindicate my own against me. He appears to me, conduct and behaviour on the however, to think that he has loft 27th of July, 1978: I therefore no part of his weight and infludesire their Lordships will be ence at the Board, when he prepleased to require Admiral Keppel sumes to desire their Lordships to to give in his charge as soon as require me, in my present situamay be, if he has any to make tion, to employ a thought about against me.
him, in any other character than I am, Sir,
as the author of that charge; and, Your most obedient, for the present at least, I must be humble servant, excused'in declining to give any
Hugh PALLISER: other answer to your letter Pb. Stephens, Esq.
I am, Sir,
Your humble servant, Audley-Square, Sunday afternoon;
A. K. 27 Dec. 1778.
Ph. Stephens, Esq.
Audley-Square, 2d Jan. 1779. ceipt of your letter of this day's SIR, date, inclosing a copy of a letter The Provost Marshal, who was from Sir Hugh Palliser, acquaint- directed by the Lords Commifing the Lords Commiflioners of fioners of the Admiralty to take the Admiralty, that as the wir me into his cuftody, informed me, nefles will be assembled at my that, as their Lordships do not trial, he shall be ready, as soon mean to give me unnecessary trouas that trial is over, to vindicate ble, he was permitted to take my his own conduct and behaviour on word of honour for my appearance the 27th of July, and desiring that at Portsmouth on the 7th of this their Lordships would be pleased month; I have given him my to require me to give in my word of honour accordingly, and