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I am also to acknowledge the receipt of your letter of the 18th, in which you informed me, "That "it was neceffary their Lordships fhould receive his Majesty's "farther commands, before they could, with propriety give me a full answer to my letter; and "that their Lordships were per"fuaded that in the mean time "I would not communicate thofe "inftructions to any perfon what"foever." In anfwer to which, I must defire you will acquaint their Lordships, that I neither have made, nor will make, any unneceffary communications of my inftructions; nor are even my counsel yet apprized of any part of them. But in anfwer to your letter of the 21ft, I must beg of you to inform their Lordships, that they have totally mifunderftood my letter of the 16th, if they imagined that, when put upon my trial for the defence of my life and honour, I could think of afking any permiffion to produce before the court which is to try me, any circumftance which, in my own opinion or that of my counfel, may in any degree be ufeful for my defence. No, Sir; my letter of the 16th was not to afk leave to do what by every rule of justice is my right. In refpect to the last paragraph of your letter of the 24th, "That if I will

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"relation to the operations of the "fleet on the 27th and 28th of July laft, I fhall be permitted to make ufe of them in the manner I defire, if there shall appear no objections of the nature above mentioned;" I can only fay, that I conceive that my inftructions, and every part of them, muft neceffarily have relation to the operation of the fleet on the 27th and 28th of July laft, and on every day it was acting under my command, and that I was acting under thofe inftructions. As to my pointing out the particular parts which I conceive may be most useful to me, and opening my defence to that Board of whofe conduct towards me in this business I have reason to complain, where the accufations againft me originated, and where my accufer has a feat, it cannot on reflection be expected; nor can I believe their Lordships intend, that when they put me on my trial they are to limit me by their discretion in the ufe of fuch means as I may think expedient for my defence, and that they propofe to diftrefs me by fuch an alternative, as that I must neceffarily (according to their statement) either bring detriment on the state, or prejudice to my own juftification. I am, Sir,

Your very humble fervant,
A. K.

Ph. Stephens, Efq.

Audley-fquare, Dec. 26, 1778.
SIR.

I received yesterday your letter of the 24th, in answer to mine to you of the fame day, informing me, that in addition to what is mentioned in your letter of the [T]

12th

12th inftant concerning the atten dance of Captain Windfor, and the firft lieutenant of his Majefty's late fhip Fox, at the court martial to be held for my trial on the 7th of next month, that their Lordfhips, on the fame day, defired Lord Weymouth, one of his Majesty's Principal Secretaries of State, to take fuch measures as fhould appear to him to be proper for procuring their appearance at the time afore-mentioned; and further to inform me it is not their Lordships intention that the court fhould fit until the effects of the. afore - mentioned application is known.

This information leads me to apprehend a poffibility of the enquiry being put off; and any delay, I much fear, will be productive of ferious detriment to my country, in the detaining fo many other officers from the public fervice. From this confideration I remain of opinion, that the evidence of Captain Wind for and of his lieutenant may be material at the trial: I must repeat what I wrote to you in my letter of the 11th inftant, that from the uncertainty of the return of thofe gentlemen to England, it is my wish not to have the court martial put

off on that account.

I am, Sir,

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your letter of the 23d inftant their Lordships, in anfwer to that part of it which relates to the accufation against you, command me to inform you, that the accufation did not originate from their Board, but from Sir Hugh Pallifer, whofe attendance there has been difpenfed with ever fince.

Their Lordships having already communicated to you his Majefty's pleafure with regard to your fecret inftructions, cannot think it neceffary to fay any thing further to you upon that fubject.

I have the honour to be,

Sir,
Your most obedient,
humble fervant,

PH. STEPHENS,

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

Admiralty-office, 27 Dec. 1778.
SIR,

Vice-admiral Sir Hugh Pallifer having, in his letter of yesterday's date, acquainted my Lords Commiffioners of the Admiralty, that, as the witneffes will be affembled at your trial, he fhall be ready, 73 foon as that trial is over, to vindicate his own conduct and behaviour on the 27th of July, 1778; and he having therefore defired that their Lordships will be pleased to require you to give in your charge as foon as may be, if you have any to make against

PH. STEPHENS, Efq; in anfwer to him; I am commanded by their

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Lordships to fend you herewith a copy of the faid letter, and to fignify their direction, that if you have any thing to charge against the conduct of Vice-admiral Sir Hugh Pallifer, you do tranfmit

the

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I am, Sir,

Your moft obedient,
humble fervant,
HUGH PALLISER.

Ph. Stephens, Efq.

Audley-fquare, Sunday afternoon,
27 Dec. 1778.
SIR,

I have to acknowledge the receipt of your letter of this day's date, inclofing a copy of a letter from Sir Hugh Pallifer, acquainting the Lords Commiffioners of the Admiralty, that as the witneffes will be affembled at my trial, he fhall be ready, as foon as that trial is over, to vindicate his own conduct and behaviour on the 27th of July, and defiring that their Lordships would be pleafed to require me to give in my

charge as foon as may be, if I have any to make against him; in confequence of which, their Lordships are pleafed to direct, that if I have any thing to charge against the conduct of Sir Hugh Pallifer, I do tranfmit the fame to their Lordships.

I defire you will exprefs to the Lords Commiffioners of the Admiralty my great furprize at the contents of thefe letters. I learn, by another letter you have favour ed me with of the fame date, that Sir Hugh Pallifer's attendance at the Board has been difpenfed with ever fince he exhibited his charge against me. He appears to me, however, to think that he has loft no part of his weight and influence at the Board, when he prefumes to defire their Lordships to require me, in my prefent fituation, to employ a thought about him, in any other character than as the author of that charge; and, for the prefent at leaft, I must be excufed in declining to give any other answer to your letter. I am, Sir,

Your humble fervant,

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I made an early application to the Lords Commiffioners of the Admiralty, after being acquainted by Mr. Secretary Stephens, that their Lordships intended that a court martial fhould be held for trying me on a charge of mifconduct and neglect of duty on the 27th and 28th of July laft, exhibited against me by Vice-admiral Sir Hugh Pallifer, that the captains of the King's fhips ferving in the fleet under my command on the 27th of July, might be fummoned, and likewife other officers: and fince having notice given me, that the court martial is ordered to be affembled for my trial on Thurfday the feventh inftant, and that you are to act in your office as Judge Advocate at the faid trial; I therefore think it proper to acquaint you, that I defire the witneffes whofe names are inferted in the lift that accompanies this,

may be fummoned to attend to give their evidence before the court.

Others that occur to me, that I may have occafion to call for, I will tranfmit to you their names in time, as I may judge their evidence material or neceffary. You will obferve in the lift of witneffes the names of the Honourable Captain Windfor and Lieutenant Bertie, late of his Majefty's fhip the Fox.-Mr. Secretary Stephens has acquainted me, in confequence of my application to the Lords Commiffioners of the Admiralty, that they have defired Lord Weymouth, one of his Majefty's Principal Secretaries of State, to take fuch measures as should

appear to him to be proper for procuring their appearance at my trial.-Though the evidence of thofe gentlemen may be material, I have informed their Lordships, through Mr. Stephens, that fhould they not arrive by the day fixed for the affembling the court martial, I do not defire it may be put off on that account; however, I fhall be glad to know from you, Sir, the refult of the meafures taken for their return to England, and if they are likely to be here by the 7th inftant.-I beg likewife to be informed if there is any objection to the captains fitting as members of the court martial to be held for my trial, who have been fummoned as witneffes either by me or Sir Hugh Pallifer. I am, Sir,

Your very humble fervant,
A. KEPPEL.

George Jackson, Efq.
Judge Advocate.

PH

PH. STEPHENS, Efq; in answer to Extract of a letter from Sir Hugh

mine of the zd.

Admiralty-office, 4th Jan. 1779.
SIR,

I have communicated to my Lords Commiffioners of the Admiralty your letter of the zd inftant, acquainting them, that you have given your word of honour to the Provoft Marthal to be at Portfmouth on the 7th inftant, at the court martial to be held for your trial; you was about to fet out for that place, and defiring to be informed, whether the flag officers who were commanding at the Nore, in the Downs, and at Plymouth, at the fame time their lordfhips received the charge againft you, have all of them been chofen by their lordships to be at Portfmouth in a fituation to fit at your trial; and I am in return to acquaint you, that their lordships have ordered the flag officers who were commanding at the above mentioned places, at the time they received the charge against you, to repair immediately to Portfmouth, and hoift their flags. I have the honour to be, Sir,

Your moft obedient,
humble fervant,

PH. STEPHENS.

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Pallifer to Admiral Keppel, dated
Pallmall, 3d Nov. 1778.

"I think myself much intitled "" to have my conduct on the day we engaged the French fleet juftified by you, Sir, as com"mander in chief, from thofe "foul afperfions, that I confefs I "have been expecting your offer "to do it; I have waited for your coming to town to afk "it; being now informed of 66 your arrival, I lofe no time "in defiring you will contradict "thofe fcandalous reports that "have been propagated as afore" mentioned, by publishing in your

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own name the inclofed paper, " which I have the honour to in"clofe herewith, or fomething to "that effect that may be more

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agreeable to you, and as may be agreed on, if you will per

"mit me the honour to wait on you to-morrow morning.

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I must beg the favour of your fpeedy answer, that my honour " and reputation may not be far"ther wounded by delays.

"I am very respectfully,
"Sir,

"Your very obedient,
"humble fervant,

"HUGH PALLISER."

To the Honourable
Admiral Keppel, &c.

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